Terms of Use

Echofin, LLC

Terms of Use

Updated January 6, 2017

GENERAL

Introduction

The www.echofin.co website and its associated services and products (collectively, this “Site”) is operated by Echofin, LLC, a Delaware limited liability company (the “Company”, “us” or “we”). By accessing or using this Site, you (the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use (our “Terms of Use” or these “Terms”), whether or not you are a registered user of this Site.  Some services or products offered by this Site may be subject to additional posted rules, policies and terms.

Please read our Terms of Use carefully.  If you do not agree with these Terms, you should not use this Site.

We may change our Terms of Use from time to time.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without advance notice. If we do this, we will post the changes to our Terms of Use on this page.  Your continued use of this Site after any such changes constitutes your acceptance of our new Terms of Use.  If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) this Site.  It is your responsibility to regularly check this Site to determine if there have been changes to our Terms of Use and to review such changes.

Registration Information, Your Account and Password Security

You may be required to register with this Site to access certain products or services.  As a registered user, you are responsible for all activities that occur on your registered account (your “Account”), and represent and warranty that you are the person responsible for any personal or financial information provided to this Site in association with your Account.  You agree to notify the Company immediately of any unauthorized use of your Account or any breach of security with respect to your Account.  The Company will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge.  In addition, you may be held liable for any losses incurred by the Company or another party due to someone else using your Account.  You may not access or use anyone else’s account at any time.

In consideration of your use of this Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on this Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your Account and for any actions that take place using your Account; (e) warrant that you are the account owner, or have the consent of the account owner to sign-up for and use this Site; and (f) you agree to pay any and all applicable charges incurred as a result of using this Site.

You may not transfer your registration, password or user name to another person or share it with anyone. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.  If you believe your Account or your personal  informationhas been used without your authorization, you agree to notify the Company immediately. The Company shall be entitled to rely on the assumption that any activity or charges associated with your Account have been authorized by you, and the Company is not obligated toissued any refunds for charges associated with the unauthorized use of your Account.

Description of Services

This Site provides, among other things, various charting data and financial information.  This Site may also offer products and services provided by third-party vendors. In using this Site, you may be exposed to opinions, financial projections, forecasts or theories that are unsubstantiated or inaccurate, and you bear all risks associated with use of or exposure to that content.  You understand that this Site is provided by the Company “as is”, and that the Company does not guarantee the accuracy, integrity or quality of any content available on or through this Site.  In this regard, you acknowledge that you should not rely on any of this content, whether created by or submitted by a third party to the Company.  You understand that from time to time, you may communicate with, receive communications from, or obtain goods and services of or from, third parties (e.g., advertisers) as a result of your use of this Site. All such communication, interaction and participation is strictly and solely between you and such third party and the Company shall not be responsible or liable to you in any way in connection with these activities or transactions (including, but not limited to, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party, or any goods or services you may purchase or obtain from any third party). In particular, the appearance or availability of links to third-party sites on or through this Site does not constitute an endorsement by the Company with respect to the content, advertising, products, or other materials available on or from such sites. You further understand and agree that this Site may include certain communications from the Company (such as administrative messages and certain newsletters), and that these communications are considered part of this Site and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance this Site shall be subject to our Terms of Use.  Finally, you are responsible for obtaining access to this Site and that access may involve third-party fees (such as Internet service provider or airtime charges).  You are solely responsible for and shall pay those fees.  In addition, you must provide and are responsible for and shall pay for all equipment necessary to access this Site.

Rules of Conduct

Your use of this Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. In addition, you agree that:

  • you will not interfere with another member’s use and enjoyment of this Site; you will not interfere with or disrupt the security measures of this Site;
  • you will not interfere with or disrupt networks connected to this Site, and will comply with all regulations, policies and procedures of such networks;
  • you will comply with United States law regarding the transmission of technical data exported from the United States; and
  • you will pay for all royalties, fees, and any other monies owing any person or entity by reason of any content provided by you on or through this Site.

You further agree that you will not use this Site to:

  • send or cause the transmission of “spam” (junk e-mail) or unsolicited messages;
  • promote or generate revenue for any business or commercial purposes, unless authorized in writing by the Company;
  • impersonate any person or entity; intentionally or unintentionally or create a false identity on this Site;
  • collect or store personal data about other users;
  • make publicly available on this Site or otherwise transmit any private information of any third party; or
  • make publicly available or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

Proprietary Rights

All content on this Site, including, but not limited to, designs, text, graphics, images, photographs, illustrations, audio and video material, artwork, information, database, proprietary information and all copyrightable, trademarked or otherwise legally protectable elements of this Site, and their selection and arrangement (“Site Content”), are the proprietary property of the Company or its licensors with all rights reserved.

Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any materials contained on this Site without the express prior written consent of the Company.

We are pleased to hear from our users and visitors to this Site and we welcome your comments regarding various products, features and services on this Site. We value your feedback and request that you be specific in your comments on our services to ensure that we will be better able to serve you in the future. Nevertheless, if you transmit any communications, materials, ideas, suggestions, or submissions, including, but not limited to, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the “Communications”), the Communications shall be deemed non-confidential and non-proprietary (even if you mark them “confidential” or “proprietary”). Any such Communications shall become the property of the Company and may be used for any purpose, including, but not limited to, reproduction, disclosure, publication, broadcast and posting.  Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to the provider of the Communications.

Limited License

Provided that you are eligible for use of this Site, you are granted a limited license to access this Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete or conceal any copyright or other notices contained on this Site, including notices on any content you download, transmit, print or reproduce from this Site, nor shall you distribute such Site Content to any third-party.

You may not and will not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to our Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of this Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.

Third Party Websites and Content

This Site contains (or you may be sent through this Site to) links to other web sites (“Third-Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, applications, and other content or items belonging to or originating from third- parties (“Third-Party Applications or Content”). Such Third-Party Sites and Third-Party Applications or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through this Site or any Third-Party Applications or Content posted on, available through or installed from this Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications or Content does not imply approval or endorsement thereof by us. If you decide to leave this Site and access the Third-Party Sites or to use or install any Third-Party Applications or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern your activities with respect to such Third-Party Sites or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site or relating to any applications you use or install from the site.

Fee-Based Services

Some of the services or products available from this Site require that you pay a fee to receive, access, use or download such services or products.  By accessing these fee-based services or products, you authorize the Company to charge the applicable fees to your Account, and you agree to be responsible for and to promptly pay the Company for any outstanding charges associated with your Account.

Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.

Privacy

The Company is sensitive to your privacy. Please see our Privacy Policy for information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of this Site.

Copyrights

We respect the intellectual property of others, and we ask you to do the same.  It is important (and a condition of our Terms of Use) that you only post or upload content (such as documents, audio-visual content or images) that you own — and not content owned or controlled by others.

You are fully responsible for content that you make available to third-parties via this Site (“Post”).  In other words, if you Post copyrighted content you don’t own or otherwise do not have the right to Post, you are responsible for paying the copyright owners for license fees, royalties, damages, penalties, attorneys’ fees, and any other liability or obligation.

Claims of Copyright Infringement

The Company respects the intellectual property of others.  If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly.  You may in addition or as a next step send a notification of claimed copyright infringement to the Company’s designated agent in accordance with our DMCA Copyright Notice. For further information and disclosures relating to claims of copyright infringement involving this Site, please see our DMCA Copyright Notice.

Termination

The Company has the right to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

  • Restrict, deactivate, suspend, or terminate your access to all or any part of this Site including deletion of Your account and all related information and files in Your account;
  • Refuse, move, or remove for any reason any material that you submit on or through this Site;
  • Refuse, move, or remove any material that is available on or through this Site; and/or
  • Establish general practices and limits concerning use of this Site.

We may take any of the above actions for any reason, as determined by the Company in its sole discretion, including, but not be limited to: (a) breaches or violations of our Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to this Site (or any part thereof), and (e) unexpected technical or security issues or problems.  You agree that we will not be liable to you or any third party for taking any of these actions.

Indemnification

You hereby agree to indemnify, defend and hold the Company, its subsidiaries, parent corporation and affiliates, and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the “Parties”), harmless from and against any and all liability, losses, expenses, damages, and costs (including reasonable attorneys’ fees), incurred by any of the Parties in connection with any claim arising out of your use of this Site, any use or alleged use of your Account or your passwords by any person, whether or not authorized by you, the content you submit, post, transmit or make available through this Site, your violation or breach of our Terms of Use, your connection to this Site, or your violation of the rights of any other person or entity.

WARRANTY DISCLAIMERS

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE COMPANY’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE OR SERVICES MADE AVAILABLE VIA THIS SITE.  YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT THE COMPANY CORRECT THE MATTER OR, IF THE COMPANY FAILS TO DO SO, TO DISCONTINUE USE OF THIS SITE AT YOUR OPTION. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THIS SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THIS SITE, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

In addition, please note that this Site may include technical inaccuracies or typographical errors.  The Company has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of this Site, but not limited to, hours of availability, equipment needed for access or use, or the availability of this Site on any particular device or communications service.  The Company has no obligation to provide you with notice of any such changes, and the Company is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of this Site.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING IN THE CASE OF NEGLIGENCE, WILL THE COMPANY OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THIS SITE OR OUR TERMS OF USE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THIS SITE, EVEN IF THE COMPANY OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY TO YOU AND ANY OTHER PARTY EXCEED THE PROPORTIONATE AMOUNT OF FEES PAID BY YOU TO THE COMPANY IN ASSOCIATION WITH THE UNDERLYING CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.

SOME U.S. STATES DO NOT ALLOW, AND OTHER JURISDICTIONS MAY NOT ALLOW, THE LIMITATION AND LIABILITY, SO THE FORGOING DISCLAIMER MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

Eligibility

This Site is intended solely for users who are thirteen (13) years of age or older, and any registration by, use of, or access to this Site by anyone under the age of 13 is unauthorized, unlicensed, and in violation of our Terms of Use.  By using this Site, you represent and warrant you are 13 or older and that you agree to abide by all of the terms and conditions herein.  If you are under 18, you affirm that you are either an emancipated minor or possess legal parental or guardian consent to access and use this Site.  We may terminate your account, project, and any content or information that you have posted on this Site and/or prohibit you from using or accessing this Site for any reason, at any time in our sole discretion, with or without notice, including without limitation if we believe that you are under 13.

Cookies

This Site allows the use of cookies, similar to an Internet browser.  This allows this Site to set cookies for you when you view any of the content on this Site, unless you have disabled cookies. If you have disabled cookies, you may be asked to login each time you access this Site and some of the features may not function properly.

MISCELLANEOUS

Entire Agreement

Our Terms of Use, including the policies referred to in our Terms of Use, constitute the entire agreement between you and the Company and govern your use of this Site, superseding any prior agreements between you and the Company. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content or third-party software. Our Terms of Use cannot be changed or terminated orally.

Notice

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through this Site or delivering them to you through email. You may update your email address by visiting this Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the Company at Echofin, LLC, 108 West 13th Street, Wilmington, Delaware  19801, USA.

Assignment

You agree that our Terms of Use and our rights hereunder may be assigned, in whole or in part, by the Company or its affiliate to a third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part.  You may not assign, sublicense, or delegate your rights hereunder to any party without our prior written consent.

Choice of Law and Forum

The formation, construction and interpretation of this agreement shall be controlled by the laws of the Commonwealth of Virginia, giving no effect to choice of law provisions. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the State and Federal courts in Northern Virginia, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in our Terms of Use, there shall be no third party beneficiaries to our Terms of Use.

Waiver and Severability of Terms

The failure of the Company to exercise or enforce any right or provision of our Terms of Use shall not constitute a waiver of such right or provision. If any provision of our Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms of Use remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.