1. Acknowledgment and Acceptance
ECHO, Incorporated (“ECHO”) provides the use of this ECHO web site (“Web Site”) to you, conditioned upon your acceptance without modification of the following terms and conditions. Please review these Terms and Conditions carefully. By using this Web Site, you are agreeing to these Terms and Conditions. If you do not agree or do not wish to abide by these Terms and Conditions, you may not use this Web Site or download material.
2. Use of ECHO Web Site Intended for Users 13 Years of Age or Older
The ECHO Web Site is intended for use strictly by individuals 13 years of age or older. The ECHO Website is not directed for use by children under the age of 13. Users under the age of 13 must be assisted by a parent or guardian to use this Web Site.
3. Intellectual Property Rights
All contents, text, images, data, information and other material displayed, available or present on this Web Site, including any trademarks or copyrights, are the property of ECHO or the designated owner and are protected by applicable intellectual property laws. You agree not to infringe upon or dilute any intellectual property of ECHO, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this Web Site. You are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Web Site or any Content without the prior written permission of ECHO.
4. Authorized and Prohibited Uses
You will comply with all applicable laws in connection with your use of this Web Site. ECHO may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Web Site, these Terms and Conditions, the Content or any link at any time without liability or prior notice. ECHO may in its discretion terminate your browsing and use of this Web Site at any time without liability or prior notice for any reason, including for any breach of these Terms and Conditions. In the event you link this Web Site to another web site to which ECHO objects, upon notice of such objection from ECHO, you agree to immediately discontinue such link. Moreover, you agree that no link shall be made to any page or frame of this Web Site except to the first or top page. ECHO charges no fee at this time for browsing or using this Web Site, but reserves the right to impose or modify fees in connection with the browsing or use of this Web Site at any time without liability or prior notice.
5. Limitation of Liability and Disclaimers
Any and all content appearing on this Web Site is provided for informational purposes only. Any product of ECHO and/ or its affiliated companies are subject to the standard warranty of ECHO and/or its affiliated companies and other terms and conditions of sale in the sales agreement between ECHO and the purchaser. This Web Site, its content and its links are provided on an “As Is”, “As Available” basis and are used only at your sole risk, to the fullest extent permissible by law. ECHO and its affiliated companies disclaim all warranties, express or implied, of any kind, regarding this Web Site (including its content, hardware, software and links), including as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. ECHO and its affiliated companies will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with use of the Internet, this Web Site, it content or its links. Moreover, in some states, there are restrictions on the use of certain lawn and garden tools. It is your responsibility to ensure that any products advertised on this Web Site and subsequently purchased by you can be legally used or operated in your state or community. ECHO shall not be responsible for, and disclaims any and all liability which may arise from, your failure to comply with and such state or local laws and/or restrictions.
You will defend, indemnify and hold harmless ECHO and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Web Site, online conduct, breach of these Terms and Conditions or dealings or transactions with other persons resulting from use of this Web Site.
7. Applicable Law and Forum
This Web Site, these Terms and Conditions and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. The state and federal courts located in Chicago, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this Web Site or these Terms and Conditions. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Chicago, Illinois.
8. Miscellaneous Provisions
You represent and warrant that you are authorized to enter into these Terms and Conditions on behalf of any entity which you represent. These Terms and Conditions constitute the entire agreement between the parties with respect to this subject matter and supersede any prior agreement or communication. These Terms and Conditions may only be modified by ECHO, at its sole discretion. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms and Conditions shall survive termination of this Web Site, any use by you of this Web Site and any Content, or these Terms and Conditions.