Terms of Use

Thank you for your interest in EchoNous. Please review the following terms and conditions of use (“Terms of Use”), which apply when using EchoNous’s website and the websites belonging to our subsidiaries (collectively, the “Websites”). Throughout the Websites, the term “EchoNous”, “us”, “we”, and “ours” refers to one or all of the entities comprising EchoNous and its subsidiaries, as applicable. By using any of the Websites, you agree to these Terms of Use.

Accessing our Websites

By accessing, browsing, or using EchoNous’s Websites, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use.

Registration and Account Information

Some materials on the Websites will be available to you only if you set up an account as a registered user. If you do decide to set up an account, you agree to provide true, accurate, current, and complete information for so long as you use the Websites. Because it is your account, it is your responsibility to obtain and maintain all equipment, services, and software needed for access to use the Websites. You agree to accept responsibility for all activities that occur under your account or password. It is also your responsibility to maintain the confidentiality of your password(s). Should you believe your password or other security information for our Websites has been breached in any way, you must immediately notify Us. We reserve the right to require that you change your password or restrict your access to the Websites as we deem reasonably necessary.

Application of Privacy Policy

We may from time to time collect certain limited personal information about you solely in connection with your access and use of the Websites. EchoNous’s use of that information is governed by the provisions of its Privacy Policy, which terms apply to these Terms of Use and are incorporated herein by reference.

Our Intellectual Property and Trademarks

The content of the Websites, including graphics, logos, text, icons, images, designs, audio and video clips, interfaces, including the arrangement of such items (collectively, the “Content”), are the exclusive property of EchoNous, its licensors or its content providers and is protected under applicable copyright, trademark and other applicable laws. Nothing on the Websites shall be construed as granting any license or right to use any trademark, logo or service mark displayed on the Websites except as expressly provided in these Terms of Use.
You may access, copy, print or download the Content only for your personal use for non-commercial purposes. If copying, printing or downloading any Content, you agree to not delete any copyright, trademark or other proprietary notice from such Content. Further, you agree that you will not modify, distribute, perform, broadcast, or otherwise further publish, or reverse engineer or create any derivative works from any such Content. EchoNous or its licensors or content providers, retain full and complete title to all Content, including all associated intellectual property rights. If you wish to make any use of the Content other than as permitted above, please contact us at [email protected].

Prohibited Use of Content

You may not use any Content for any purpose other than as expressly authorized in these Terms of Use. In particular, you are prohibited from using any hardware or software that may damage or interfere with the proper functioning of the Websites or to intercept any system, data or personal information from the Websites. You also agree that you will not upload to, distribute or otherwise publish on our Websites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” EchoNous reserves the right, in its sole discretion, to limit or terminate your access to or use of our Websites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which EchoNous may be entitled at law or in equity.

Our Right to Modify the Websites

The Websites and their Content provided by EchoNous is for general information only, and we reserve the right to delete, modify or supplement the Content at any time for any reason without notification. Please note that EchoNous is not responsible for any inaccurate, incomplete or outdated Content. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please do not use this site.

Our Use of Customer Information

Please check our Privacy Policy pertaining to EchoNous’s collection, processing and use of information we obtain through our Websites. Other than as described in the Privacy Policy, any content you may post, upload or send to the Websites (“Customer Content”) are on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose, without compensation or attribution to you. You hereby grant to EchoNous a world-wide, perpetual, royalty free, irrevocable, transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Customer Content throughout the world in any media for any purpose, including for commercialization of any product or services. You grant EchoNous and its affiliates the right to use the name you submit in connection with such material, if we so choose.

Third Party Websites

Our Websites may contain links to other websites, some of which are operated by EchoNous or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you. We do not endorse or have any responsibility for the content of such other websites, or any products or services that may be offered through those or any other websites. EchoNous assumes no responsibility for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Warranty and Liability

We will always aim to provide most complete, up-to-date, and accurate information on our Websites. NONETHELESS, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENTS ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO OUR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT OUR WEBSITES WILL BE SECURE; THAT OUR WEBSITES OR THE SERVER THAT MAKES THE WEBSITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON OUR WEBSITES WILL BE COMPLETE, ACCURATE OR TIMELY. YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR WEBSITES IS AT YOUR OWN RISK AND THAT THE WEBSITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. AS SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ECHONOUS NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITES, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE WEBSITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES.

Indemnification

You agree to indemnify, defend and hold harmless EchoNous and its affiliates and their officers, directors, employees, agents, suppliers and customers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your violation of these Terms of Use.

Jurisdiction and Applicable Law

The laws of the State of Washington govern these Terms of Use. Your use of the Websites and any sites arising out of or relating to these terms shall be filed only in state or federal courts located in King County, Washington, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

Jurisdiction and Applicable Law

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

General

Any questions regarding these Terms of Use may be addressed to [email protected] or by mail at EchoNous Inc., 8310 154th Ave NE, Bldg B, Suite 200, Redmond, WA 98052.