Updated January 6, 2017
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
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
Waiver and Severability of Terms
Statute of Limitations