Acceptance of Terms

You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the site.

Modifications to this Agreement

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you  post, email or otherwise make available via the Service. You understand that  Echoserve does not control, and is not responsible for Content made available  through the Service, and that by using the Service, you may be exposed to  Content that is offensive, indecent, inaccurate, misleading, or otherwise  objectionable. Furthermore, the Echoserve site and Content available through  the Service may contain links to other websites, which are completely  independent of Echoserve. Echoserve makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Echoserve be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Echoserve does not pre-screen or approve Content, but that Echoserve shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

No Spam Policy

You understand and agree that sending unsolicited email advertisements to Echoserve email addresses or through Echoserve computer systems, which is expressly prohibited by these TOU, will use or cause to be used servers located in California.  Any unauthorized use of Echoserve computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

Limitations on Service

You acknowledge that Echoserve may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Echoserve has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Echoserve reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Echoserve shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL ECHOSERVE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ECHOSERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ECHOSERVE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ECHOSERVE SITE OR THE SERVICE, FROM INABILITY TO USE THE ECHOSERVE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ECHOSERVE SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ECHOSERVE SITE OR THE SERVICE OR ANY LINKS ON THE ECHOSERVE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ECHOSERVE SITE OR THE SERVICE OR ANY LINKS ON THE ECHOSERVE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Echoserve, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

General Information

The TOU constitute the entire agreement between you and Echoserve and govern your use of the Service, superseding any prior agreements between you and Echoserve. The TOU and the relationship between you and Echoserve shall be governed by the laws of the State of California without regard to  its conflict of law provisions. You and Echoserve agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Echoserve to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.