TERMS & CONDITIONS

Welcome to the Echodesign.com web site provided by the Echo Design Group. This Agreement contains the terms, covenants, conditions, and provisions upon which you may access and use this Site and the information and materials found on this Site. This Agreement also contains the privacy policy applicable to your use of this Site. This Agreement is effective as of May 1st 2005.

By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms and Conditions and Privacy Policy to be the legal equivalent of a signed, written contract and equally binding, and that you agree to such Terms and Conditions and Privacy Policy. Please note that Echo reserves the right to change the Terms and Conditions and Privacy Policy under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.

1. Grant of License.

This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to Echo that they will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. To seek permission to use materials and information (including screen-shots of this Site) beyond the scope of the foregoing license, please contact our Copyright and Intellectual Property Agent by the means specified in Section 3(f). Any rights not expressly granted herein are reserved.

2. Intellectual Property Rights.

All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Echo does not grant any express or implied right(s) to Users of this Site.  Please be aware that Echo actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are © 1998-2006 Echo Design Group. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Echo also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Site’s content.

The trademarks Echo® and Echo Handbags®; and all other names, logos, and icons identifying Echo and/or Echo’s products and services are proprietary marks of Echo Design Group Other product and company names mentioned herein may be the trademarks of their respective owners.

3. Copyright and Intellectual Property Agent for Notice.

The Site may contain materials posted by third parties. If you believe that any materials on this Site infringe any copyright or other intellectual property interest, please provide Echo’s Copyright and Intellectual Property Agent with the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property interest that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Echo’s Copyright and Intellectual Property Agent for Notice of claims of copyright or other intellectual property infringement on the Site can be reached as follows:

Echo Design Group

10 East 40th Street

New York, NY 10016

Phone: 1-800-331-ECHO (3246)

E-Mail: echocustomerservice@echodesign.com

4. Merger, Acquisition, Sale of Assets or Bankruptcy.

In the event of a merger, acquisition, consolidation, or sale of all or substantially all the assets of Echo, or in the unlikely event of a bankruptcy, we reserve the right to transfer all or part of our business, including this Site and the accumulated data, to third parties.

5. Links to Other Sites.

Our Site may, in the future, contain links to other sites that are not under our control, even though some of them may feature the Echo logo through a marketing agreement or a “co-branding” relationship with us. In the process of deciding whether to link with another company’s web site, Echo may share limited marketing information about you on an aggregate basis only. Echo will not share your personal information on an individual basis with these companies, unless you authorize us to do so. If you decide to visit the web sites of these companies, please remember that they have their own privacy policies, which you should review before visiting. Echo expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party unless such endorsement is expressly stated.

6. Disclaimers.

While Echo endeavors to provide the most accurate, up-to-date information and materials available, the information and materials available on this site may include inaccuracies or typographical errors.  Moreover, Echo may make modifications and/or changes in this site or in the information and materials available on this site at any time, for any reason.

In no event shall Echo be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information and materials available on this site, or otherwise arising out of the utilization of this site, whether based in contract, tort, strict liability, or otherwise, even if Echo has been advised of the possibility of damages.  Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.

7. Governing Law.

This Agreement will be governed by the laws of the State of New York without giving effect to the choice of law provisions thereof and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts in the City of New York, State of New York.

8. General Order Policies

8.1. Order Acceptance/Confirmation: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Echo reserves the right at any time after receipt of your order to accept or decline your order for any reason. You will normally not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.

8.2. Validating Your Order: After you place an order, we will check the information you give us for validity. We may require additional verifications or information before accepting any order.

8.3. Order Limitations: We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the email address, telephone number, and/or billing address you have given us with the order.