ECHO DAILY, INC.

 

BUSINESS BUILDER

 

Terms and Conditions of Use

privacy policy

 

1.0       TERMS AND CONDITIONS

 

Your use of Echo Daily Inc.’s (“Echo Daily”) Business Builder program (which includes the loyalty program) (“Program”) and/or Echo Daily’s website(s) (“Site”) indicates that you have read, accepted and unconditionally agreed to Echo Daily’s privacy practices and terms and conditions of use, as stated in Echo Daily’s privacy policy (“Privacy Policy”) and Echo Daily’s Terms and Conditions of Use (which includes the “Terms and Conditions”) (“Terms”).  The Privacy Policy and Terms are hereby incorporated herein by this reference. 

 

ECHO DAILY REQUIRES THAT YOU READ THE ENTIRE TERMS AND PRIVACY POLICY BEFORE USING THE PROGRAM OR THIS SITE.  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND THE PRIVACY POLICY, DO NOT USE THE PROGRAM OR THIS SITE.  BY USING THE PROGRAM OR THIS SITE, YOU ACCEPT THE TERMS AND PRIVACY POLICY.

 

In addition, when you use any other current or future Echo Daily website or program, you likely will be subject to additional terms, conditions and restrictions.  To the extent these Terms conflict with those additional terms, conditions and/or restrictions, those additional terms, conditions and restrictions shall govern. 

 

1.1       ELECTRONIC COMMUNICATIONS:  When you visit the Site, utilize the Program, or send emails to Echo Daily, you are communicating with Echo Daily electronically and thereby perpetually consent to thereafter receive communications from Echo Daily electronically, and agree that all agreements, notices, disclosures and other communications that Echo Daily provides to you electronically satisfy any legal requirement that such communications be in writing.  Echo Daily’s electronic communications to you will occur by email or by posting of notices on the Site.

 

1.2       SOLICITATION:  You authorize Echo Daily, its affiliates, service providers and other third parties with which Echo Daily shares information, to communicate with, solicit and/or market to you by regular mail, telephone, text message, email and facsimile in connection with the provision of goods or services, and will hold Echo Daily, its affiliates and other third parties harmless against any and all claims pursuant to the federal CAN-SPAM ACT of 2003, the Telephone Consumer Protection Act (TCPA), and any and all other state or federal laws relating to transmissions or solicitations by any of the methods described above.  You may opt out of receiving communications from Echo Daily, our affiliates, service providers and other third parties at any time by notifying Echo Daily at info@echodaily.com, and indicating the names of the specific entity or entities from which you no longer wish to receive communications or solicitations. 

 

1.3       MOBILE TERMS OF SERVICE:

 

1.3.1    Shortcode.  Echo Daily’s mobile messaging will make use of a shortcode.  For all questions regarding shortcode(s), please email info@echodaily.com.  

1.3.2    Charge. Standard message and data rates may apply for any user sending or receiving SMS messages.

1.3.3    SMS Coverage. SMS coverage is supplied by a growing number of wireless carrier networks.  Please contact Echo Daily at info@echodaily.com to receive updated information regarding carriers and coverage.

1.3.4    STOP.  You can cancel SMS service at any time by texting “STOP” to 63566 (“Shortcode”).  Echo Daily then will send you an SMS message to confirm that you have been unsubscribed.  After that, you will no longer receive SMS messages from us.  To unsubscribe from a particular textword, text “STOP” and the textword to the Shortcode.  Echo Daily will send you an SMS message to confirm that you have been unsubscribed from that list.  To join again, please sign up again, and the SMS messages will resume.

1.3.5    HELP.  If at any time you forget what keywords are supported, just text “HELP” to the Shortcode.  After you send the SMS message “HELP” to us, Echo Daily will respond with guidance and instructions.

1.3.6    Customer Care and Technical Support.  You may contact customer care and technical support during our normal business hours of 8:00 a.m. to 5:00 p.m. PST, Monday through Friday.  Our staff will handle any calls made on holidays or outside normal business hours on the following business day.

1.3.7    Service Level and Third Party Reliance.  Echo Daily relies on multiple external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between Echo Daily and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others.

 

1.4       LICENSE AND ACCESS:  You are granted a personal, non-exclusive, non-transferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from the Site.  You are also granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site so long as the link does not portray Echo Daily, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Echo Daily logo or other proprietary graphic or trademark as part of the link without express written permission and as provided for below in more detail.  You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to Echo Daily, or any content accessible through the Site. 

 

You may not modify reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial purpose any portion of the Site or the Program without Echo Daily’s express, prior, written consent.  You may not use any Meta tags or any other hidden text or content to utilize Echo Daily’s Marks & Dress without Echo Daily’s express, prior, written consent. Any unauthorized use terminates the permission or license granted by Echo Daily. 

 

You also are granted a non-transferable, non-exclusive, revocable, limited license to access and use the Program’s loyalty software platform.  Echo Daily may, from time to time, update or modify, release new versions or create new modules related thereto, each of which may, at Echo Daily's discretion, be included within the license described above.  You are not permitted to sublicense or transfer any of your rights hereunder including, without limitation, access to the Program’s loyalty software platform.

 

Any rights not expressly granted in these Terms are hereby expressly reserved by Echo Daily.

 

1.5       ACCOUNT AND PASSWORD:  If you use the Site or Program, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, but over the age of 13, you may use the Site or Program only with involvement of a parent or guardian.  (See Privacy Policy.)  Echo Daily reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

1.6       COMMUNICATIONS AND OTHER CONTENT:  Where possible, you may post information and content on the Site, so long as the information and content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, “chain” letters, mass mailings, or any form of unsolicited advertisement.  You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any posted information or content. 

 

If you do post information or content, or submit material, to the Site, and unless Echo Daily indicates otherwise, you grant Echo Daily a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You further grant Echo Daily and all of its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You hereby represent and warrant that you own or otherwise control all of the rights to the information and content that you post; that it is accurate; that its use does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Echo Daily for any and all claims resulting from the information and content you supply.  Echo Daily has the right, but not the obligation, to monitor and edit or remove any information or content on the Site, and Echo Daily takes no responsibility and assumes no liability for any information or content posted by you or any third party.

 

1.7       COPYRIGHT:  All content and any compilation of content included on the Site and/or Program, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Echo Daily or its content suppliers and protected by United States and international copyright laws.  Unless indicated to the contrary, everything on the Site is ©2009- by Echo Daily, Inc., with all rights reserved.

 

1.8       TRADEMARKS:  Echo Daily, EchoDaily, EchoDaily.com, and the graphics, logos, page headers, button icons, scripts, and service names at EchoDaily.com are service marks, trademarks, and/or trade dress of Echo Daily (“Echo Daily’s Marks & Dress”).  Echo Daily’s Marks and Dress may not be used in connection with any product or service that is not Echo Daily’s, in a way likely to confuse customers or potential customers, or in any way that disparages or discredits Echo Daily.  All other trademarks and service marks not owned by Echo Daily that appear on the Site and Program are the property of their respective owners, some of which may be affiliated with or connected or licensed to Echo Daily.

 

1.9       PATENTS:  Portions of the Site and Program may appear and/or operate under an end-user license of one or more patents.

 

1.10     COPYRIGHT COMPLAINTS:  Echo Daily respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing with this information:

 

·       A physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·       A description of the copyrighted work that you claim has been infringed upon;

·       A description of where the material that you claim is infringing is located on the site;

·       Your address, telephone number, and email address;

·       A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

·       A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Echo Daily’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

 

President

Rutledge Law Center Ltd.

320 North Carson Street

Carson City, NV  89701

Email: john@rutledgelawcenter.com

 

Please note that this procedure is exclusively for notifying Echo Daily that your copyrighted material has been infringed.

 

1.11     PRODUCT DESCRIPTIONS AND PRICING:  Echo Daily intends and attempts for the Site to be as accurate and complete as possible.  However, Echo Daily does not warrant that product descriptions or other content of the Site are accurate, complete, reliable, current, or error-free.   Despite Echo Daily’s best efforts, items or products for sale on the Site may be mispriced.  If an item’s correct price is higher than Echo Daily’s stated price, Echo Daily will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.  Please note that this policy applies only to items or products sold and shipped by Echo Daily through the Site.  If you purchase an item from a third party through the Site, said third party may follow a different policy in the event of a mispriced item.

 

1.12     RISK OF LOSS:  All items purchased from Echo Daily are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

1.13     POLICIES, MODIFICATION, AND SEVERABILITY:  Echo Daily reserves the right to modify, suspend, discontinue or terminate the Site, the Program, Echo Daily’s policies, or these Terms (or any part thereof) with or without notice. You agree that Echo Daily will not be liable to you or to any third party for any such modification, suspension, discontinuation or termination.  If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms shall continue in full force and effect.

 

1.14     OTHER BUSINESSES: The Site may contain links to certain other companies and/or businesses.  Echo Daily is not responsible for examining or evaluating, and does not warrant the offerings of, any of these companies or businesses (or the content of their websites).  Echo Daily does not assume any responsibility or liability for the actions, products, or content of these or any other third party.  You should carefully review their respective privacy statements and other conditions of use.

 

1.15     DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:  Echo Daily does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.  In addition, You hereby agree and acknowledge that (1) Echo Daily is not a party to any transaction between you and any, merchant, store, retailer or business with which Echo Daily has a business relationship, and, as such, any disputes regarding purchases, rewards and/or any other aspect of any transaction or other commercial dealings is solely between you and such third party; (2) Echo Daily is not responsible for any other party's compliance with applicable laws, rules or regulations; and, (3) Echo Daily's services are administrative in nature and Echo Daily is not responsible for ensuring that any third party honor any reward, loyalty or other obligations such third party may have towards you.  Additionally, you hereby agree and acknowledge that Echo Daily shall not, under any set of circumstances, be responsible or liable for any content, text, photographs and/or other PI (as defined in the Privacy Policy), including any PI that may violate applicable law and/or a third party's intellectual property rights.

 

THE PROGRAM AND THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH ECHO DAILY, THE PROGRAM, OR THE SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.  ECHO DAILY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM OR THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ECHO DAILY, THE PROGRAM, OR THE SITE.  YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE PROGRAM AND THE SITE IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ECHO DAILY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  ECHO DAILY DOES NOT WARRANT THAT THE PROGRAM; THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM OR THE SITE; ECHO DAILY’S SERVERS; OR EMAIL SENT FROM ECHO DAILY, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECHO DAILY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PROGRAM OR THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PROGRAM OR THE SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THOSE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

1.16     AMENDMENTS: Echo Daily hereby reserves the right, in its sole discretion, to at any time modify, update, add to, discontinue, remove or otherwise change any portion of the Terms. When Echo Daily amends the Terms, it will revise the “last updated” date located at the bottom of the Terms. For changes to the Terms that Echo Daily considers to be material, Echo Daily will place a notice on the Site by revising the link to read “Updated Terms” for a reasonable amount of time. If you provide information to Echo Daily or access or use the Site or Program in any way after the Terms have been changed, you will be deemed to have consented and agreed unconditionally to such changes. The most current version of the Terms will be available on the website and will supersede all previous versions of the Terms.

 

1.17     DISPUTES:  Any dispute relating in any way to your visit to the Site, the Program, or to products or services sold or distributed by Echo Daily or by or through the Site or the Program shall be adjudicated in a state court in Douglas County, Nevada, and you consent to exclusive jurisdiction of and venue in such courts.

 

1.18     APPLICABLE LAW:  By visiting the Site or using the Program, you agree that the laws of Nevada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Echo Daily.

 

1.19     ARBITRATION: By using the Site in any way, you unconditionally consent to and agree that:

 

1.19.1  Administrator. Any claim, dispute, or controversy you may have against Echo Daily and/or its officers, directors, employees, subsidiaries and/or affiliates (all such individuals and entities collectively referred to herein as the “Echo Daily Entities”) arising out of, relating to, or connected in any way with the Site or this Privacy Policy will be resolved exclusively by final and binding arbitration administered by JAMS, the private arbitration company, and conducted before a sole arbitrator in accordance with JAMS’ rules.

1.19.2  Arbitration Agreement. This arbitration clause, itself, is an agreement between you and Echo Daily that is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”).

1.19.3  Situs. The arbitration shall be held in Minden, Nevada.

1.19.4  Binding Nature. The arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that you entered into in connection with the Site.

1.19.5  Governing Laws. The arbitrator shall apply Nevada law consistent with the FAA and applicable statutes of limitations and shall honor privileges recognized at law.

1.19.6  No Class Actions. There shall be no authority for any claims to be arbitrated on a class or representative basis (that is to say, arbitration can decide only your and/or the applicable Echo Daily Entity’s respective claims). The arbitrator may not consolidate or join the claims of any third party similarly situated.

1.19.7  No Punitive Damages. The arbitrator shall not have the power to award punitive damages against you or any Echo Daily Entity.

1.19.8  Cost-Prohibitive Fees. If the administrative fees and deposits that must be paid to initiate arbitration against any Echo Daily Entity exceed $250 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Echo Daily agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive (as compared to the costs of litigation), Echo Daily will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

1.19.9  Invalidity, Unenforceability, Illegality. With the exception of Section 12.6 above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed according to its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, Section 12.6 above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration clause shall be null and void, and neither you nor Echo Daily shall be entitled to arbitrate a dispute.

 

1.20     CONTACT INFORMATION:  If you have any questions or concerns with respect to these Terms, Echo Daily or the Site or Program, please see our Contact Us page or contact us at:

 

Echo Daily, Inc.

c/o Rutledge Law Center Ltd.

320 North Carson Street

Carson City, NV 89701

Tel: (775) 885-7005; Fax: (775) 885-7018

Email: marianne@rutledgelawcenter.com

 

Last Revised: September 16, 2013

 

2.0       MERCHANT TERMS AND CONDITIONS

 

These Merchant Terms and Conditions apply to you if you have entered into and are in full compliance with Echo Daily’s BUSINESS BUILDER PROGRAM ENROLLMENT AGREEMENT (“Merchant Agreement”) and are thereby a “Merchant.”  As a Merchant, your use of the Program, Echo Daily’s Business Builder Software (as defined herein) and any Software updates, and/or the Site, indicates that you have read, accepted and unconditionally agreed to the Terms and these Merchant Terms and Conditions (collectively, “Combined Terms”) and the Privacy Policy (all of which Terms and Privacy Policy are incorporated herein by this reference).  In the event of any inconsistency among the Merchant Agreement, the Combined Terms, and Privacy Policy, the Merchant Agreement shall control.

 

2.1       LICENSE AND ACCESS:  You are granted a personal, non-exclusive, non-transferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from the Site.  You are also granted a limited, revocable, and non-exclusive right to create a hyperlink to the Site so long as the link does not portray Echo Daily, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any Echo Daily logo or other proprietary graphic or trademark as part of the link without express written permission and as provided for below in more detail.  You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to Echo Daily, or any content accessible through the Site.  

 

You may not modify reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial purpose any portion of the Site or Program without Echo Daily’s express, prior, written consent.  You may not use any Meta tags or any other hidden text or content to utilize Echo Daily’s Marks & Dress without Echo Daily’s express, prior, written consent. Any unauthorized use terminates the permission or license granted by Echo Daily.  

 

Any rights not expressly granted in these Combined Terms are reserved by Echo Daily.

 

You must comply with all applicable laws including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside, including, but not limited to, adherence to current Mobile Marketing Association’s Guidelines (“MMA Guidelines”).  More specifically, you must, among other things:

 

·      Send text messages ONLY to third parties that have expressly opted in (i.e., have requested by text message or other writing to receive text messages from you) (collectively, your “Subscribers”);

·      Instruct your Subscribers on how to opt out of any further text messages from you by, among other things, ending every outbound text message with “Reply STOP to cancel.”;

·      Remove EVERY Subscriber that replies “STOP” or otherwise requests removal from your opt-in text message recipient list;

·      Not send a text message to any Subscriber that has opted out, unless and until that Subscriber elects to again opt in; and

·      Not send a text message that: is likely to be offensive to a reasonable adult in the United States of America (“USA”); is likely to be unsuitable for a minor in the USA; promotes, incites or instructs any unlawful activity; causes unnecessary alarm, distress or panic; breaches a code of practice that applies to the software through which you operate; is false, misleading or deceptive; provides financial advice; is out of date (with regard to information generally available) or already released or generally available; or is for the purpose of warning of a serious risk to the safety of any person or property.

 

Additionally, it is your sole responsibility to understand and comply with all provisions of the CAN-SPAM Act (www.ftc.gov), which include, but are not limited to, the following summarized rules:

 

·      Do not use false or misleading header information.  Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.

·      Do not use deceptive subject lines.  The subject line must accurately reflect the content of the message.

·      Identify the message as an ad.  You must disclose clearly and conspicuously that your message is an advertisement.

·      Tell recipients where you are located.  Your message must include your valid physical postal address. 

·      Tell recipients how to opt out of receiving future email from you.  Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.  Craft the notice in a way that is easy for an ordinary person to recognize, read, and understand.  Creative use of type size, color, and location can improve clarity.  Give a return email address or another easy Internet-based way to allow people to communicate their choice to you.  You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you.  Make sure your spam filter does not block these opt-out requests.

·      Honor opt-out requests promptly.  Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message.  You must honor a recipient’s opt-out request within 10 business days.  You cannot charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request.  Once people have told you they do not want to receive more messages from You, You cannot sell or transfer their email addresses, even in the form of a mailing list.  The only exception is that you may transfer the addresses to a company you have hired to help you comply with the CAN-SPAM Act.

 

The law makes clear that you cannot contract away your legal responsibility to comply with the law.  Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

 

2.2       APPLICATION SOFTWARE:

 

2.2.1    Use of Echo Daily Business Builder Program Software. You may use the Program’s Echo Daily Business Builder Program Software (“Software”) solely as permitted by the Combined Terms. You may not incorporate any portion of the Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. Echo Daily may cease providing any Echo Daily application software and may terminate your right to use any Echo Daily application software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Combined Terms. Additional Echo Daily or third party terms contained within or distributed with any Echo Daily application software that are specifically identified in related documentation may apply to that software (or software incorporated with the Software) and will govern the use of such software in the event of a conflict with the Combined Terms. All software used in any Echo Daily service, program, or product is the property of Echo Daily or its software suppliers and protected by United States and international copyright laws.

2.2.2    Use of Third Party Services. When you use the Software, you also may be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

2.2.3    No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software.

2.2.4    Updates. In order to keep the Software up-to-date, Echo Daily may offer automatic or manual updates at any time and without notice to you.

2.2.5    Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Software. If you are a U.S. Government end user, Echo Daily is licensing the Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights Echo Daily grants you to the Software are the same as the rights Echo Daily grants to all others under the Combined Terms.

 

2.3       CONTACT INFORMATION:  If you have any questions or concerns with respect to the Combined Terms, Echo Daily or the Site or Program, please see our Contact Us page or contact us at:

 

Echo Daily, Inc.

c/o Rutledge Law Center Ltd.

320 North Carson Street

Carson City, NV 89701

Tel: (775) 885-7005; Fax: (775) 885-7018

Email: marianne@rutledgelawcenter.com

 

Last Revised: September 16, 2013

 

3.0       PRIVACY POLICY

 

3.1       INFORMATION ECHO DAILY COLLECTS: Echo Daily takes appropriate steps to safeguard personal information and complies with data protection principles in accordance with the applicable laws and contractual requirements. 

 

3.1.1    From Visitors and Users.  To provide you with information relevant to your particular desires, needs and/or interests, Echo Daily may ask you to provide it with information regarding your interests, demography, and/or other personal information. Personal information (“PI”) may include a person’s name, address, email address, telephone number, birth date, gender, social security number or equivalent, and photograph, and may also include information concerning a person’s education, employment, interests, or any other information necessary to complete a requested transaction or service (such as credit card or other credit information).  Providing PI about yourself is voluntary ─ if you chose not to provide it, you may not be able to take advantage of (or participate in) certain of the Site or Program’s materials and services.

3.1.2    Loyalty Programs.  If you sign up to participate in an Echo Daily loyalty program, and if Echo Daily provides you with the ability to review your accrued points or rewards, you will be asked to register and provide certain PI so that Echo Daily may associate you with your loyalty or rewards information.  If you do not submit the required PI, you will not able to review your accrued points or rewards through the Site or Program. 

 

Echo Daily actively and passively, directly and at times, perhaps, indirectly, gathers, analyzes and/or stores PI and other information, including by way of the following: the PI voluntarily submitted by visitors when using or registering to use or receive Echo Daily’s materials or services; the PI visitors voluntarily provide when participating in a contest, sweepstake and/or other promotion; the PI visitors or users voluntarily provide when buying or ordering merchandise through the Site or Program, or using the Materials, or using or patronizing the services; and by tracking and analyzing online and mobile data and activity through mechanisms that identify website usage, browser types, IP addresses, and other data.  Additionally, Echo Daily may obtain PI from other sources like call centers, product registration or third parties.

 

Echo Daily collects only that PI that is necessary or helpful for valid business purposes.  Echo Daily will use PI only to the extent necessary to fulfill its business needs and, in any event, in accordance with applicable data protection legislation.  Such use may include sales calls, marketing communications, delivering or completing requested services or transactions, and analyzing a series of transactions.  PI will not be kept for longer than is necessary for the specified purposes or as otherwise required by law.  PI will be subject to appropriate technical and organizational measures to prevent accidental, unauthorized, or unlawful processing, disclosure or loss.  PI will not be transferred without adequate protection.

 

Please note, however, that the Site or Program may contain links to, or advertisements for or about, other websites. Except if and as expressly indicated on those other websites, Echo Daily does not endorse or sponsor any other website, is not responsible for the privacy practices or the content of those websites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, those websites and/or advertisements.

 

Please also note that this Privacy Policy does not apply to any information you may disclose in user forums (such as chat rooms, message boards, or similar web pages) that are or may be accessed on or through the Site or Program. You should keep in mind that whenever you disclose information about yourself online, that information can be collected and used by people you do not know. In addition, certain message boards (and similar user forums) may display IP addresses and possibly PI. Echo Daily assumes no responsibility for any damage or harm caused by a third party that collects information disclosed in user forums or other public areas, if any, on the Site or Program.

 

3.2       USERS LOCATED OUTSIDE THE UNITED STATES: The Site and Program are operated in the United States. By providing information to Echo Daily, all users, including users outside of the United States, fully understand and unambiguously hereby consent to this Privacy Policy. By using the Site or Program, participating in any of Echo Daily’s services, and/or providing it with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States.

 

3.3       AGE REQUIREMENT: The Site and Program comply with the United States Children’s Online Privacy Protection Act (“COPPA”) and are neither aimed at nor intended for children under thirteen years of age. If you are under age thirteen, you must not use the Site or Program; and if you are over thirteen, but are still a minor, you may use the Site or Program, but only with the supervision of your parent or legal guardian.  The Site and Program do not accept registration from children under the age of thirteen, and no PI is purposefully or knowingly collected by Echo Daily from children under that age without the consent of the child’s parent or legal guardian. If Echo Daily discovers that a child under the age of thirteen has provided it with PI, Echo Daily promptly will use commercially reasonable efforts to delete that child’s PI from its system. Every user of the Site or Program hereby promises and agrees that all information he or she provides, including his/her age, is and shall be entirely truthful and correct.

 

3.4       HOW ECHO DAILY COLLECTS INFORMATION: When your computer or mobile device contacts Echo Daily’s web servers, those web servers automatically collect certain usage information. Such usage information includes information about how visitors or users use and navigate the Site or Program, and can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the websites visited, and IP addresses. It also may determine the most appropriate version of a web page, email, advertising or promotional announcement, or similar service. This information is used to analyze and improve the Site or Program and your experience at and with the Site or Program.

 

3.4.1    Cookies. Like many websites, the Site and Program use browser “cookies.” Cookies are a website’s way of remembering you. A cookie is a small text file that is stored on your computer’s hard drive or temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent.” Session cookies go away when you close your browser. Persistent cookies retain information for later use. Echo Daily uses cookies to help it, among other things, optimize its visitors’ experience. Echo Daily also uses cookies to monitor and maintain information about its visitors’ usage. Most web browsers accept cookies automatically, and if you change your settings to decline cookies, you may not be able to take advantage of or participate in certain of features and offerings.

3.4.2    Flash Player. The Site or Program may enable use of the Adobe Flash Player (“Flash Player”). The Flash Player is used by the vast majority of websites that offer video and other interactive content. By default, your use of the Flash Player generates “persistent identification elements” and “local shared objects.” The Flash Player (and similar applications) use Flash Player cookies to remember user settings, and preferences and usage history similar to the browser cookies referenced above; but, Flash Player cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. If you do not allow Flash Player cookies to occupy any disc space on your computer’s hard drive, you may not be able to take advantage of or participate in certain features on the Site or Program.

3.4.3    HTML. HTML is the mark-up language used for the World Wide Web. HTML5, for example, allows your response to advertising and other activities to be monitored across websites and for such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools.

3.4.4    Web Beacons. The Site, the Program, and/or Echo Daily’s email messages may contain a web beacon or a pixel tag (collectively, “Web Beacons”), which allows Echo Daily to monitor and collect certain limited information about its users. Echo Daily may use Web Beacons to count visitors or to monitor how users navigate, and it may include Web Beacons in email messages to count how many of those messages were actually opened or acted upon. Echo Daily also may use Web Beacons for use statistics and its marketing campaigns.

3.4.5    IP Address. An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from the Site, Echo Daily’s servers log your IP address. Echo Daily may use your IP address for a number of purposes, including system administration, to report aggregate information to its business partners, or to otherwise audit use. Echo Daily also may associate your IP address with the PI you provide, and may collect and store information about you that it receives from other websites.

 

3.5       INFORMATION SECURITY: Echo Daily works hard to ensure the safety of your sensitive information (such as credit card numbers) and uses the Security Socket Layer (“SSL”), an industry-standard security protocol, to encrypt such sensitive information; however, no website, internet transmission, computer system or wireless connection is completely secure. Echo Daily cannot and does not ensure or warrant the security of any information you transmit to it. Your use of the Site or Program is entirely at your own risk, and Echo Daily urges you to take whatever steps you deem appropriate to keep your information safe. Unless otherwise specified in this Privacy Policy, your credit card number(s) are used exclusively for payment processing and are not retained by Echo Daily for marketing purposes.

 

3.6       INFORMATION SHARING WITH THIRD PARTIES; OPTING IN: Echo Daily may provide your information (including your PI) to certain third parties. If you opt in to receive communications from a third party, your information will be subject to that third party's privacy policy, if any (and not this Privacy Policy). Therefore, if you later decide that you do not want that third party to use your information, you will need to contact that third party directly.

 

3.6.1    Contests. If you choose to enter a contest or other promotion, your PI likely will be disclosed to one or more third parties (as Echo Daily is unlikely to be directly conducting that contest or other promotion). Also, when entering same, Echo Daily or a third party may require you to consent to the use of your PI or other information, such as name, voice or likeness, in advertising, promotional and marketing materials.

3.6.2    Corporate Change. Echo Daily reserves the right to disclose, share and/or otherwise transfer user information, including PI, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of its business or of substantially all of its assets, or other fundamental corporate change, whatever form it may take. You will be notified by email or prominent notice on the Site prior to any such change of ownership or control if your personal information thereafter will be used contrary to this Privacy Policy.

3.6.3    Government Authorities and Legal Rights. Echo Daily may disclose non-identifying, aggregated user statistics to any party, and it also may release information about users, including PI, when legally required to do so, or at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies and applicable laws. Echo Daily may also disclose such user information whenever it believes disclosure is necessary to protect the rights, property or safety of Echo Daily, or those of any of its affiliates, business partners, customer merchants, or others.

3.6.4    Outside Advertisers. Echo Daily may use one or more outside ad-serving or other companies to serve advertisements. In the process of serving such advertisements, those companies may use cookies, and may use non-personally identifiably information to provide advertisements about products and services that are likely to be of interest to you. By delivering ads, and through the use of cookies, the ad-server is able to record what ads a user has seen, and what pages the user was viewing when the ads were delivered. This usage information may be combined with other ad delivery information collected from your website visits not affiliated with Echo Daily.

 

3.7       INFORMATION SHARING WITH THIRD PARTIES; OPTING OUT: You will have an opportunity to unsubscribe from promotional materials from Echo Daily by clicking on an “unsubscribe” link contained in each promotional email Echo Daily sends to you. That being said, you may continue to receive some offers after you unsubscribe because mailing lists are generally prepared far in advance of an email’s dispatch. Plus, even if you are removed from Echo Daily’s list(s), if you place an order or open an account with or through Echo Daily, the company will likely send you an email confirming the details of that order or account opening, and may need to contact you by phone, email, or regular mail with questions about the order or account.

 

3.7.1    Third Parties. If you want to opt out of having your PI shared with third parties for marketing purposes, you must consistently opt-out at each website where you register and whenever you provide your PI to Echo Daily. Please bear in mind, though, that this opt-out choice for third parties will not apply to Echo Daily, Echo Daily licensees and/or co-branding participants. Please also realize that any opt-out choices you make will not apply in situations where you have made, simultaneously make, or later make a specific request for information from Echo Daily, or Echo Daily uses your PI for operational purposes (e.g., to complete transactions requested by you, or to send you administrative communications either about your account with Echo Daily or about Site or Program features, including any future changes to this Privacy Policy, or any other policy or terms and conditions that affect you and your use of the Site or Program) or fulfillment purposes (e.g., sharing same with companies that facilitate communications and transactions with you).

3.7.2    Processing Time. If you do not exercise your opt-out choices upon registration or otherwise at the time the PI is provided, it will take some time to process your opt-out choices. Echo Daily’s systems require time to update, and promotional mailings using PI shared before your opt-out election already may be in process. Accordingly, your PI might continue to be shared with third parties for promotional purposes for a period after you make your request. For similar reasons, if your PI is shared with a third party, Echo Daily largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing Echo Daily to share your PI, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.

3.7.3    Accessing and Maintaining the Accuracy of Your Personal Information.  Echo Daily provides mechanisms to allow you to review, correct or delete (except where retention is necessary to complete a requested transaction or Service or to meet legal requirements) your PI.  These mechanisms are available on the Site, or you may utilize the contact information specified below.  Request to access correct, or delete PI controlled by third parties must be made through that third party.

 

3.8       CALIFORNIA RESIDENTS: California residents are entitled once a year to request and obtain certain information regarding Echo Daily’s disclosure, if any, of their respective PI to third parties for their direct marketing purposes during the immediately prior calendar year. Echo Daily complies with this law by offering visitors the ability to instruct it not to share the visitor’s personally identifiable information with third parties for direct marketing purposes. To make such a request, consistently exercise your opt-out choice whenever you provide PI to Echo Daily, or send contact Echo Daily in writing at the address set forth below. You must identify “Echo Daily.com” as the subject line and include your full name, email address, and postal address in your message.

 

3.9       AMENDMENTS: Echo Daily hereby reserves the right, in its sole discretion, to at any time modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy. When Echo Daily amends this Privacy Policy, it will revise the “last updated” date located at the bottom of this Privacy Policy. For changes to this Privacy Policy that Echo Daily considers to be material, Echo Daily will place a notice on the Site by revising the link to read “Updated Privacy Policy” for a reasonable amount of time. If you provide information to Echo Daily or access or use the Site or Program in any way after the Privacy Policy has been changed, you will be deemed to have consented and agreed unconditionally to such changes. The most current version of this Privacy Policy will be available on the website and will supersede all previous versions of this Privacy Policy.

 

3.10     CONTACT INFORMATION:  For any questions, suggestions, or concerns related to this Privacy Policy, please contact Echo Daily at:

 

Echo Daily, Inc.

c/o Rutledge Law Center Ltd.

320 North Carson Street

Carson City, NV 89701

Tel: (775) 885-7005; Fax: (775) 885-7018

Email: marianne@rutledgelawcenter.com

 

Last Revised: September 16, 2013