Terms of Use - ECKO UNLTD

Terms of Use

TERMS OF USE

Last Updated: March 10th, 2021

 

Please carefully read this Agreement which sets forth the Terms of Use (“TOU” or “Agreement”) between you and Thread Collective Inc., a Canadian corporation, website operator, and IP Holdings Unltd LLC, a Delaware limited liability company, trademark owner of the “ECKO” group of trademarks[1], (collectively “Operator” or “we”, “us” or “our” as appropriate in the context) as it, in conjunction with the Privacy Policy that is incorporated herein by reference, controls the interactions between you (“you” or “your”), a user of our Digital Services, defined as our “Website” at https://www.ecko.com, our social media accounts including Twitter, Instagram, Snapchat,Facebook, Youtube, Pintrest, and our partners, affiliates and related entities. All terms defined in the Privacy Policy have the same definition herein.

 

When you use, access, browse or transmit data from or on of our Digital Services including through the Website, click an “I Accept” or similar button, purchase a gift card or products, or subscribe to any Ecko services including a newsletter, you represent that (1) you have read, understand, and agree to be bound by the TOU, (2) you are of legal age to form a binding contract with Ecko, (3) you have the authority to enter into the TOU on behalf of yourself, and (4) the billing and shipping addresses are both located within the United States, Canada, or a territory/district thereof. If any of the foregoing four conditions do not apply or are answered negatively, you may not access, or use, or order/purchase items from, our Digital Services.

 

Please note that the TOU are subject to change by us in our sole discretion at any time. When changes are made, Ecko will make a new copy of the TOU available on our Digital Services. We will also update the “Last Updated” date at the top of the TOU. If we make any material changes, and you have provided us with your email address, we reserve the right – but do not have the obligation -- to make a reasonable effort to send an email to you at the last email address you provided to us. Any changes to the TOU will be effective immediately. Ecko may ask you to provide consent to an updated TOU in a specified manner before further use of our Digital Services is permitted, or before making a purchase at or via our Digital Services. If you do not agree to any change(s) after receiving notice of such change(s), you shall stop using our Digital Services. Otherwise, your continued use of our Digital Services constitutes your acceptance of such change(s). Please regularly check our Digital Services to view the then-current TOU which will take precedence over all prior versions.

 

Registration.  

In registering for the Digital Services, including but not limited to a subscription to an Ecko newsletter, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old (or such other older minimum age of requirement as may be applicable in your jurisdiction) and not a person barred from using Ecko IP under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Ecko immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ecko has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ecko has the right to suspend or terminate your Account and refuse any and all current or future use of Ecko IP (or any portion thereof), or bar any individual from purchasing products or using the product return process. You agree not to create an Account using a third party’s identity without their informed consent or permission, or provide false age or payment information or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. If we terminate your license to use the Digital Service, we may retain enough information to prevent you from signing up for the Digital Service in the future.

 

We have reasonable and appropriate administrative, technical, and physical security measures to help protect your Personal Data against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, no social media service, and no method of storing electronic information, can be 100% secure. Accordingly, we cannot guarantee the security of your transmissions to us and of the Personal Data that we store. You acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Ecko may be impacted therein.

 

If you are a resident or citizen of a country where the GDPR is operative, and you ask us to delete your Account, we will or may, in our discretion, remove certain personally identifying information from our active user database, and then from our records in accordance with our data deletion cycle, except that we may retain personally identifying information where we have a valid justification to hold on to it, such as to resolve disputes or comply with our legal obligations, or to so we know not to use it again pursuant to a user’s request.

 

In order to access certain features of our Digital Services, you may be required to become a Registered User. For purposes of the TOU, a “Registered User” is a user who creates an account with Ecko (“Account”) by either registering directly with Ecko through our Digital Services or logging into our Digital Services with the user’s social networking service account (“Third-Party Account”). By logging in with your Third-Party Account, you represent that you are entitled to disclose your Third-Party Account login information to Ecko and/or grant Ecko access to your Third-Party Account (including, but not limited to, for use by Ecko and its designees for the purposes described herein) without breach by you of any of the TOU and conditions that govern your use of the applicable Third-Party Account and without obligating Ecko to pay any fees or incur any liability or making Ecko subject to any usage limitations imposed by such third-party service providers. If you elect to grant Ecko access to any Third-Party Accounts, you affirm that you understand that Ecko may access, make available and store (if applicable) any of your content, information, photographs, and/or other materials (collectively, “Content”) accessible through Ecko that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through Ecko IP via your Account. Unless otherwise specified in the TOU, all Third-Party Account Content shall be considered to be your Content for all purposes of the TOU including but not limited to licenses to display, use, modify, copy and perform any intellectual property contained or included therein. Subject to the privacy settings that you have set in your Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your Account on Ecko IP. Please note that if a Third-Party Account or associated service becomes unavailable, or Ecko’s access to such Third-Party Account is terminated by the third-party service provider, then your Account Content may no longer be available on and through the Digital Service. Please note that your relationship with the third-party service provider associated with your Third-Party Account is governed solely by your agreement(s) with such third-party service provider, and Ecko disclaims any liability for personally identifiable information that may be provided to it by such third-party service provider in violation of the privacy settings that you have set in such Third-Party Account. Ecko makes no effort to review, and does not warrant or endorse, any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Ecko is not responsible for any Third-Party Account Content.

 

Usage Limitations and Website Errors

GLITCHES CAN HAPPEN

Our Digital Services may be subject to limitations, delays, delivery or technical failures, and other problems inherent in the use of the Internet, electronic communications or otherwise. Except as set forth in Ecko’s Privacy Policy, which is incorporated herein by reference, or as set forth herein or as otherwise required by applicable law, Ecko is not responsible for any delays, delivery or technical failures, or other problems, including for economic damages or losses, actual or anticipated, foreseeable or unforeseeable, direct or indirect, resulting therefrom. You acknowledge that access to the Digital Service may involve third party fees (such as Internet service provider, mobile data fees or airtime charges). You are responsible for applicable fees, including those fees associated with the display or delivery of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access our Digital Services in any medium or via any service.

 

We may change, withdraw, or discontinue the Digital Services or any portions thereof at any time and at our sole discretion. We make no representations or warranties of any kind as to the accuracy or completeness of any content or material made available through the Digital Services (collectively, the “Content”). We are not responsible for the privacy, confidentiality, data security, availability, accuracy or any other practices of any third parties, and we disclaim any and all responsibility for them and their practices. You use of such third-party devices and applications including browsers and social media apps is at your sole risk and expense.

 

The information and content contained on our Digital Services may contain typographical or other errors or inaccuracies, all of which are inadvertent. We reserve the right to update, amend, replace and/or correct any data, information and content we see fit at any time without prior notice or liability. Please note that such errors may relate to product information, pricing and availability, in which case we reserve the right, without liability, to cancel or terminate any orders/purchases placed in connection with such erroneous/inaccurate information, subject to refunding any monies paid, as your/the User’s sole remedy. We apologize for any inconvenience that may be caused by any errors or inaccuracies, or by our correction of them.

 

If you have a specific allergy or sensitivity to our products sold via the Ecko.com website, do not use the products sold via the Ecko.com website.

 

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ECKO BE LIABLE FOR ANY PERSONAL INJURY TO OR DEATH OF YOU OR ANY USER OF THE ECKO PRODUCTS, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ECKO SERVICES AND OTHER SERVICES, OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE ECKO OFFERINGS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ECKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

User Submissions

Ecko strives to create an interactive relationship with the users of its Website and Digital Services. A “Submission” is defined as manually entered comments, feedback, suggestions, ideas, usernames and other submissions on or to our Digital Services in any media that now exists or may hereinafter be created. If you send, distribute, share or post a Submission on, to or at any page or website hosted, managed or controlled by Ecko including our Digital Services, and any of Ecko’s Facebook pages, or if you directly communicate with Ecko via email, a comment form, Twitter, or on Instagram, Amazon, tumblr or another online service including by tagging Ecko with the @ or # symbol or in any other recognizable manner, you hereby affirm that you have the right to do so, and grant Ecko a non-exclusive, free-of-charge/royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the universe in any media that currently exists and/or shall later be created (the “Submissions License”). You also grant Ecko the right to include and/or use the user name that you submit with your Submission, if any, in connection with such Submission, whether on the Digital Service or in any other media, and that no additional compensation, consideration or credit needs to be provided to you by Ecko and/or any sublicensee thereof. Users are welcome and encouraged to submit and post content, including photographs and videos, to Ecko’s social media platforms where the content meets the standards articulated in this TOU. If you believe that a user has violated the terms of these TOU, it is not your responsibility to call them out on it publicly; instead, please contact Ecko. Ecko shall have the sole right (but not the obligation) and sole discretion to delete, refuse and/or move any Submission and/or block access by the public to any Submission that violates the TOU or is otherwise deemed objectionable for any reason in Ecko’s sole discretion, while maintaining copies of said Submission for archival and legal purposes. Although we try to maintain a safe environment on our social media platforms and the Digital Services, we are not responsible for the posts of any user and disclaim any and all liability for such posts. You acknowledge that we are not obligated to pre-screen user submissions (including your Submission) and may not review user submissions (including your Submissions) for purposes of compliance with the TOU or any other policy or otherwise. Furthermore, Ecko shall be under no obligation to: (1) maintain in confidence any of your Submissions that are shared publicly by you; (2) pay to users, including you, any compensation for any Submissions; or (3) respond to any user Submissions.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT, AND USEFULNESS, WITH RESPECT TO ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, SUBMISSIONS) POSTED ON OUR DIGITAL SERVICES AND ANY OF ECKO’S SOCIAL MEDIA PLATFORMS.

 

No Submission shall include any material which is deemed by Ecko, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by Ecko in its sole discretion to be advertising or "spam". You acknowledge that by using the Digital Service, you may be exposed to material that is offensive, indecent or objectionable and that Ecko is not liable for this.

 

You recognize that some Content on this Website, including all Submissions submitted by any user, represents the opinions of the individual who has created such Content, and is not endorsed by this Website or Ecko in any way. Ecko does not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content, Submission, or other information or materials displayed, uploaded, or distributed through our Digital Services by any third party and you are responsible to verify this on your own. You acknowledge that except as otherwise provided herein regarding pricing, as limited herein, any material you download, view, or otherwise access through our Digital Services is at your own sole risk, and you will be solely responsible for any damage and/or loss or corruption of data that results from the download of any such material. You understand that the technical processing and transmission of our Digital Services, including your Content contained therein, may involve transmissions over various networks, and may require changes to your Content in order to conform and adapt to the technical requirements of connecting networks or devices. Without limiting the scope of the Submissions License or any present or future grant of rights, consents, agreements, assignments, and waivers you have made or may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you.

 

Use of Intellectual Property. 

The content and information available through our Digital Services and included in our shipped products, including but not limited to any future release, update or later-created Content (collectively “Ecko IP”) are protected by copyright laws throughout the world. Subject to the TOU, Ecko grants you a limited license to reproduce portions of the Ecko IP for the sole purpose of using our Digital Services for your personal purposes, or in connection with a hotel, restaurant and/or catering business, unless otherwise specified by Ecko in a separate written license from us to you.

 

Notice.

Ecko may contact you or provide you with service-related and/ or promotional notices by means of postal mail, electronic mail, general website notifications, pop-ups and more using the contact information you have provided to us or via functionality of our Digital Services. Further procedures and processes for notice are included in the Ecko Privacy Policy, which is located at https://www.Ecko.com/pages/privacy-policy and incorporated into this Agreement by reference.

 

You consent to transact with us electronically and receive all legal notices, warranty notices, product releases, and other communications electronically, by e-mail, postal mail, and/or by notices posted on or via the Digital Services. For this and other purposes, you agree to provide us with a valid, working email address and to notify us of any changes to your e-mail address. You are responsible for maintaining either or both an Internet browser and computing equipment, or a smartphone, app and Internet access capable of accessing the Digital Services.

 

Customers placing orders for products or subscriptions will receive email, pop-up and/or text alerts about each order placed on or via our Digital Services. Additionally, you may receive additional emails following receipt of an order soliciting feedback relating to that order, or recommending products or services to you, including subscription renewals, firmware updates and/or device-charging reminders, based on prior orders and other interactions with Ecko, and you consent to the receipt of same.

 

Certain restrictions. 

The limited rights granted to you in the TOU are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, commercially reproduce, distribute, host or otherwise commercially exploit Ecko IP or any portion of Ecko; (b) you shall not use any metatags, keywords, advertisement tags or other “hidden text” using Ecko’s name, trademarks or other intellectual property for any commercial purpose; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Ecko IP except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in our Digital Services (except that we grant the operators of public search engines revocable limited permission to use spiders to copy materials from our Digital Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials; (e) you shall not access Ecko IP in order to build a similar or competitive Website, application, product or service; (f) you shall not access aspects, elements or parts of the Digital Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Digital Services; (g) you shall not engage in or assist any other in taking any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or involves use of automated means to compile information; and (h) except as expressly stated herein, no part of Ecko IP may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any purpose. Ecko, its suppliers and service providers reserve all rights not granted in the TOU. Any unauthorized use by or for you of Ecko IP will automatically and immediately terminate the limited license granted to you by Ecko pursuant to the TOU without the need for any further notice or action on our part.

 

You affirm and agree that you shall not upload to, email to, distribute or otherwise publish through, or share with or through our Digital Services any Content, Submissions or materials deemed by Ecko, in its sole discretion, to be libelous, defamatory, obscene, pornographic, harassing, or infringing of third party privacy, moral, copyrights, trademarks or other intellectual property rights, or which violates any regulation or law, or which is deemed by Ecko in its sole discretion to be advertising or "spam".

 

Third Party Interactions.

Third-Party Websites, Applications and Advertisements: Our Digital Services may contain links to third-party websites (“Third-Party Websites”) and/or applications (“Third-Party Applications”) (collectively and individually, “Third-Party Content”). When you click on a link to Third Party Content, Ecko will not warn you that you have left our Digital Services and will not warn you that you are subject to the terms and conditions (including the terms of use and privacy policies) of another entity. Such Third-Party Content is not under the control of Ecko. Ecko is not responsible for any Third-Party Content, its/their terms of use or privacy policies or your use of, or interactions with, them.

To improve our Digital Services and products sold via the Ecko.com website, Ecko may use Content and Submissions in an aggregate and/or de-personalized manner, on our own and in collaboration with third parties.

 

We may from time to time link to content created by third parties and hosted on websites other than Ecko’s websites. However, even if the third party is affiliated with or related to Ecko, Ecko does not control these services and we make no representations regarding these persons or entities. We are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, the content, goods or services any such third parties. Outside sites linked from our site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

 

We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings or interactions with any third party website or merchant or operator of such a third party service, including but not limited to Facebook, Google, Apple, Shopify and/or Paysafe. Some of the Content that you see displayed at the Sites is created or approved by Ecko, but is not hosted on the Digital Services. Such embedded content can include videos, tweets, images that are hosted by third-party sites, or audio files (“Embedded Content”) such as Tweets, Facebook posts or YouTube videos uploaded by or on behalf of Ecko. If you access a page that includes Embedded Content, the content file may share data with the hosted site as if you were on or at the hosted site including in the form of cookies. Embedded Content is not governed by our Privacy Policy, and instead is covered by the Terms of Use and/or Privacy Policy of the service that hosts the Embedded Content.

 

Usage Outside the United States

Ecko is located in the United States, but we understand that some of our customers, users and their family members may be citizens of or residents of other countries, including European Community countries. If you access our Digital Services from a country other than the United States, the various communications you send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”), United Kingdom and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA, United Kingdom and Switzerland, where you may have fewer or different legal rights in relation to your information.

 

We will collect and retain your information in connection with our Digital Services as necessary to provide you with the products that you order from us, as well as our Digital Services, and at least as long as required by operation local, state and federal laws and regulations. If you wish to unsubscribe from any of our emailed newsletters or marketing materials, please use the links on such email, but please note that you cannot unsubscribe from emails regarding product safety and/or warranties, as they are necessary for us to perform our services and business operations involving safety of our products and our legitimate interests.

 

Please contact us if you wish to make a request or ask a question regarding your personal information as set forth in the bullet points below; we reserve to charge a reasonable fee for requests of lists of the Personal Data we have collected about you if such request is made more than once in any 365-day time period:

  • If you believe that any information that we have is incorrect
  • If you wish to obtain a copy of the personal information you have provided to us in a structured, commonly used and machine-readable form; we reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion
  • If you wish to ask us to remove information that we have collected from or about you.

 

Data Transfer Across Borders

Ecko is located in the United States and Canada, but we understand that some of our customers and those who they may choose to send information to are citizens of or residents of other countries, including European Community countries. If you are such a resident or citizen, and/or access Ecko services from or purchase a Ecko product in, a country other than the United States, including from Canada, the various communications you send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, including the United States, where you may have fewer or different legal rights in relation to your information.

 

We will collect and retain your information in connection with use of our Services as necessary to perform the services that you access and/or request in connection with your use of Ecko services and purchase/use of products, and at least as long as required by operation local, state and federal laws and regulations. If you wish to unsubscribe from any of our emailed newsletters or marketing materials, please use the links on such email, but please note that you cannot unsubscribe from emails regarding the product you have purchased, or the integrity of your account or our services, as they are necessary for us to perform our services and business operations involving safety of our products, and our legitimate interests.

 

California residents

If you are a California resident, you have the following rights, subject to certain exceptions as set forth in the CCPA:

 

  • Right to access personal information. You have the right to receive the specific pieces of your personal information we have collected about you in the 12 months preceding your request.

 

  • Right to data portability. You have the right to receive a copy of your electronic personal information in a readily-usable format.

 

  • Right to know. You have the right to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your "right to know" request.

 

  • Right to request deletion. You have the right to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process your request, such as (i) due to the existence of a legal obligation, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iii) in order to complete a transaction for which your personal information was collected.

 

  • Right to non-discrimination. You have the right to be free from discrimination by us as a result of you exercising your rights under the CCPA.

 

If you are a resident of California, you may request that we provide you with the information that we have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to you once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request.

 

If you are a California resident and wish to make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing to us at via the Contact form. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.

 

Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion. Please note that we cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.

 

Note that certain of the rights set forth above do not apply until at least January 1, 2022 for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to due diligence, or providing or receiving a product or service to or from another business, and the personal information concerns an employee, owner, director, officer or contractor of that business.

 

Indemnity

By use of this Website, you agree to indemnify and hold Ecko (and its shareholders, members, officers, directors, agents, affiliates, subsidiaries, related entities, partners, joint venturers, licensees, contractors and employees) harmless from and against each and every claim or demand, as well as losses, expenses, damages and costs (including attorney fees and court costs), resulting from any violation by you of these TOU or any activity of yours related to your Account (including, but not limited to, criminal, negligent or wrongful conduct, copyright infringement, trademark infringement or misuse of our Digital Services).

 

Product Return and Refund Policy

Our Refund Policies apply to all items purchased via, through or at our Website; refunds of purchases made through any third party site including but not limited to Amazon, any retail store or any third party Facebook page, will be pursuant to the policies of said third party entity.

 

If your product arrives damaged:

If you purchased it directly via the Ecko.com website, please contact us via our Returns page within three business days of your receipt to submit your request to return the product; you will have to describe the damage and provide the order number and package tracking number. Once your return is approved you will receive a pre-paid shipping label pursuant to the terms of our Warranty Policy and refund process.

If you purchased it from a third party, please contact them regarding their “damaged during shipping” policy and process.

 

If you are dissatisfied with products you purchased via the Ecko.com website: If you purchased it directly via the Ecko.com, and the product is not a Final Sale product, please contact us via our Returns page to submit your request for a pre-printed return label so you can return the product. Pursuant to the terms of our and refund process, we will digitally provide you with a shipping label for you to print out. Any product shipped back within 30 days of receipt by you is eligible for a full refund minus the return shipping fee of five dollars per package, which will be waived by Ecko unless Ecko reasonably believes that the recipient is mis-using the Ecko Product Return process; any refund will be issued in the original method paid; you must contact us via our Returns page to select the products you want to return and submit your request. Once your return is approved you will receive a pre-paid shipping label pursuant to the terms of our Warranty Policy and refund process. If you cannot provide a receipt the product may be returned for a credit to be used at Ecko.com in the amount of the lowest selling price offered in the last 30 days.

 

Please allow 14 days for any refund to be processed. Your financial institution may take longer to reflect the refund/credit on your credit or debit card.

 

Free gifts, samples or promotional items with retail value cannot be returned and no refunds for same will be made under any circumstances.

 

Unless prohibited by law, in the event that Ecko is found responsible for any error in Your order or the amount you were charged, you are entitled to a credit, provided the error is brought to our attention within 30 calendar days of the delivery of the goods to the address you provided (“Receipt Date”); if you do not raise the issue within 21 calendar days of your Receipt Date, and ship the item to Ecko within 30 days of your Receipt Date, you waive the ability to receive a credit for any error. 

 

If for any reason you are not completely happy with your purchase, please email us or use the Contact Form to contact us with any questions or concerns.

 

Retention Periods

Within a reasonable time after a user’s personal data are no longer necessary for the purposes for which they were collected, Ecko will delete them, unless laws require further storage, the user has consented to the processing for a longer time, or they are archived. In particular, within a reasonable time after a user deactivates their account or, for unregistered users, of the completion of the order, Ecko will retain any personally identifying information and related data that it, in its sole discretion, reasonably believes is necessary to:

- fulfill the requests of the authorities within their competence;
- defend or assert any existing or potential claim;
- handle any complaint regarding contracts or orders concluded.

The data retention period necessary to achieve the aforementioned purposes is linked to the limitation period of a claim that in many cases is equal to 10 years. Ecko will retain personal data as follows, except where required to retain data for a longer period of time for legal or accounting purposes, including maintaining the security of the sites and business:

  • For the fulfillment of purchase orders formulated through the website and activities related to the management of orders, Personal Data processed regarding purchases through the Sites will be retained for the time necessary to manage contractual obligations, and subsequently for approximately 10 years. 
  • Certain Personal Data related to the management of the Sites will be retained for 24 months after a user’s last use of the Site. 
  • For purposes of promotion of products analogous to purchases, Personal Data processed for this purpose may be kept for 24 months from the date on which you most recently granted consent to Ecko for the collection and retention of your Personal Data, which can be earlier revoked for certain specific purposes. 
  • Personal Data processed for profiling purposes may be stored for 12 months from the date on which you most recently granted consent to Ecko for the collection and retention of your Personal Data, which can be earlier revoked for certain specific purposes. 
  • Personal Data processed for purposes of improving and securing our services may be stored for 12 months from the date on which you most recently granted consent to Ecko for the collection and retention of your Personal Data, which can be earlier revoked for certain specific purposes. 
  • Personal Data submitted to Ecko in connection with a job application that is accessible online or by/for other means for purposes of seeking employment as an employee, consultant and/or intern, if the applicant is not hired, will be stored in the system of the relevant Ecko branch for a maximum of 24 months, in order to allow us to evaluate the candidate for other positions. The user can ask for this data to be removed at any time by submitting a request to Ecko Customer Service; if such a request is received, and retention is not otherwise required or necessary, Ecko agrees to remove it within a reasonable time. If the submitter is hired, it may be retained for the duration of their employment with Ecko and approximately ten additional years.

 

Modification/termination of Website.

In the event of termination of your Account or the conclusion of any Subscription, you will still be bound by your obligations under these TOU, including the warranties affirmed by you, and by the assignments, licenses, waivers, disclaimers and limitations of liability. Ecko shall not be liable to you or any third-party for any termination of your access. If you have a subscription to any Ecko services, then the event of termination of your access to the Ecko services, we reserve the right to provide you with a refund within sixty days for any unused portion of your subscription.

 

Disclaimer of Warranty.

All use, retention, review and configuration of Personal Data as defined in our Privacy Policy, products, and services offered on or via our Digital Services, or obtained from a third party website to which our Digital Services is linked, are provided to you "as is/where is," without any guarantees or warranty whatsoever, express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose, accuracy, title, non-infringement, security or accuracy. Use of the Ecko Digital Services or product by a user is at the user’s sole risk except as reasonably limited by applicable public order product liability laws.

 

Limitation of Liability.

Ecko shall not be liable to you for any unforeseeable, direct, indirect, incidental, special, consequential, punitive or exemplary damages, or any like damages, liabilities, losses or costs, including, but not limited to, loss of actual or anticipated profits or revenues or attorney fees, that result from the use of, or the inability to use, our Digital Services, the materials and products or the performance of any its products (even if Ecko has been advised of the possibility of such damages). In the event that a court of final jurisdiction finds Ecko liable for any claim/cause of action according or pursuant to any theory of liability despite the present disclaimers and exclusion of liability, Ecko’s aggregate liability the actual price paid by you inclusive of taxes and shipping, as the User of this Website or the purchaser of products sold via the Ecko.com website through this Website (to be paid in the currency of your purchase). You agree that all of the terms and conditions of this section, including all of the Ecko disclaimers, exclusions of Ecko liability and alternative cap on Ecko liability, are fair and reasonable as a condition for your use of this Website (including your purchase/ordering of any products sold via the Ecko.com website).

 

Resolving Disputes and Issues.

If you have a problem with your subscription or an issue with your Digital Services or any Ecko product, please visit our Customer Support page and submit a Help Desk request or refund query.

We at Ecko.com respect the intellectual property of others, and ask all of our users to do the same. If you believe that a work in which you own the copyright has been copied and is accessible on the Ecko.com website, please provide our Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  • Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Digital Services;
  • Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  • A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification to our copyright agent at: IPAgent@ecko.com ATTN: H. Tandy, Berger Singerman, LLP, 1450 Brickell Ave., Suite 1900, Miami, FL 33131

Termination of Access.

Ecko reserves the right to terminate Your privilege of using all or any portion of the Online Services if you breach any of these Terms and Conditions. You can choose to cease use of our Online Services at any time. If you wish to have Your Ecko account and the associated Personally Identifying Information, as defined under our Privacy Policy, deleted, even if your account has been terminated, please contact us via privacy@ecko.com

 

Construction and Language

For purposes of this Agreement, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders.

 

Miscellaneous

You acknowledge and agree that your access to and/or use of our Digital Services, the Ecko IP and other Content on our Digital Services, as well your submission of Personal Data to us, is subject to all applicable international, federal, state and local laws and regulations, including those of the United States. The terms, conditions and policies (including, without limitation, the Privacy Policy incorporated herein) contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware to the extent that each apply, without regard to its/their conflict of laws principles. User shall not dispute the choice of law or the choice of jurisdiction/venue herein which are a condition for your use of our Digital Services (including your purchase/ordering of any products sold via the Ecko.com website sold via Ecko.com). These Terms include an order action waiver and a waiver of jury trials.

 

With respect to any and all disputes arising out of or relating to the Digital Services or these Terms, both Ecko and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. If the Parties do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding individual arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all such disputes in court before a judge or jury.

 

YOU FURTHER AGREE THAT ANY PROCEEDINGS TO ARBITRATE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER OF THE PARTIES WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

 

You agree to indemnify and hold harmless us, and our affiliates and strategic partners, including Thread Collective Inc., and any of our predecessors and successors in interest, as well as our owners, directors, officers, managers, employees, contractors, shareholders, agents, and licensors, whether or current or past,; and their owners, directors, officers, managers, employees, contractors, shareholders, agents, and licensors, whether or current or past, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of the Terms or your use of the Digital Services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

The Parties agree that all disputes subject to arbitration that cannot be settled through informal negotiation will be resolved exclusively and individually through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be final, subject only to right of appeal under the Federal Arbitration Act, and may be entered and enforced as a judgment in any court of competent jurisdiction. You agree that we may seek any interim or preliminary relief from a court of competent jurisdiction in Palm Beach County, Florida, in any manner that we believe is necessary to protect our rights or property pending the completion of arbitration.

 

Any claim not subject to arbitration by this section shall be subject to the exclusive jurisdiction of state or federal courts in Palm Beach County, Florida. The Parties hereby waive any argument that any such court does not have personal jurisdiction, that venue is not appropriate, or that said forum is not appropriate or convenient.

 

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide us with written notice of the event or facts giving rise to the claim within one (1) year of their occurrence.

 

Our TOU (including the Privacy Policy incorporated herein, and any Ecko product or service warranties) constitute the entire agreement between you and Ecko, govern your use of any Ecko product and the Digital Services including, but not limited to, your access to our Digital Services, the Content and products sold via the Ecko.com website, such that it completely replaces all prior versions and agreements between you and Ecko in relation to the Digital Services. You may also be subject to additional terms and conditions that may apply when you use third-party software to access our Digital Services.

 

If any portion, term or condition of this Agreement is held invalid or unenforceable by a court of competent final jurisdiction, that portion, term or condition shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties (or, in the worst-case alternative shall be read out of this Agreement), and the remaining portions of this Agreement shall remain in full force and effect. The delay or failure of Ecko to exercise or enforce any right, benefit, term or condition of these TOU shall not constitute a present, future or ongoing waiver of such right, benefit, term or condition. Only a written waiver signed by Ecko shall be deemed a valid waiver.

 

You agree that, except as otherwise expressly provided in these TOU and any privacy policy or other terms incorporated herein, you have no third-party beneficiaries who shall benefit from these TOU. You agree that any claim or cause of action arising out of or related to these TOU or your use of the Digital Service must be filed within one (1) year after the claim/cause of action initially arose or it shall be forever barred.

 

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE USING ANY OF OUR SERVICES OR PURCHASING ANY OF OUR PRODUCTS.

 

[1] All intellectual property rights are owned and used under license from IP Holdings Unltd LLC.