Terms of Service
1. Introduction
Welcome to Echo Points, a service provided by FunnelStart LLC (“Echo Points,” “we,” “our,” or “us”). By using our services at echo-points.com, you (“user,” “you,” or “your”) agree to be bound by these Terms of Service (“TOS”). If you do not agree with these terms, you must discontinue use of our services immediately.
2. Eligibility
By using our services, you represent and warrant that you have the legal capacity and authority to agree to these Terms of Service and to comply with all applicable laws and regulations.
3. Services Provided
Echo Points provides tools and services for businesses to manage customer loyalty programs and other related functionalities. We reserve the right to modify or discontinue our services, either partially or entirely, at any time without notice. We collect and use information as described in our Privacy Policy, which is incorporated by reference into these TOS. By using our services, you agree to the terms of our Privacy Policy (echo-points.com/privacy-policy/).
4. Account Registration and Security
To use our services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for any activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Acceptable Use
You agree to use our services only for lawful purposes and in accordance with this TOS. You agree not to use our services:
- In any way that violates applicable federal, state, local, or international law or regulation.
- To exploit, harm, or attempt to exploit or harm minors in any way.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards.
- To transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Echo Points, FunnelStart LLC, a FunnelStart LLC employee, another user, or any other person or entity.
6. Intellectual Property
All content, features, and functionality (including but not limited to text, graphics, logos, and software) available through our services are the exclusive property of FunnelStart LLC (operating as Echo Points) and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FUNNELSTART LLC (OPERATING AS ECHO POINTS), ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, EVEN IF FUNNELSTART LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification
You agree to indemnify, defend, and hold harmless FunnelStart LLC (operating as Echo Points), its affiliates, and their respective officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these TOS or your use of our services.
9. Termination
We may terminate or suspend your account and access to our services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these TOS.
10. Governing Law and Jurisdiction
These TOS shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these TOS or our services shall be instituted exclusively in the federal or state courts located in Connecticut.
11. Changes to the TOS
We reserve the right to modify these TOS at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services following the posting of revised TOS means that you accept and agree to the changes.
12. Contact Information
If you have any questions about these TOS, please contact us at echo-points.com/contact/.