Last updated: August 17, 2023

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

‍These Terms and Conditions of Use (“Terms”) are a legal agreement between you and Ekho Inc. and its subsidiaries (collectively, the “Company”). By using this site (the “Site”), you agree to be bound by all of the terms and conditions set forth herein. The Company may revise and update these Terms at any time. Your continued usage of the Site will mean you accept those changes.

‍OWNERSHIP.
‍Except for items in the public domain or Third-Party Links (as defined below), the information and all other materials, including without limitation text, graphics and images, comprising the Site (collectively, the “Materials”), are wholly owned by (or licensed to) Company and/or its content providers. The Company retains all proprietary rights to any copyrighted material, trademarks and other proprietary information on the Site. Company owns a copyright in the selection, coordination and arrangement of the Site. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials without the written permission of Company or such other party that may own the Materials.

‍USE OF SITE.
‍Except for your non-commercial personal use, the Site may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Site and/or the Materials may violate applicable intellectual property laws or other applicable laws. The use of Materials on any other website or in any environment of networked computers is strictly prohibited.By using the Site, you agree to comply with all laws applicable to your use of the Site, not to interfere with any third party's use and enjoyment of the Site, and not to interfere with or disrupt Company’s or its vendors’ security measures. You agree not to:Send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;Restrict or inhibit any person from using the Site;Reverse engineer, disassemble or decompile any section or technology on the Site, or attempt to do any of the foregoing;Gain unauthorized access to the Site, to other users accounts, names, personally identifiable information or other information, or to other computers or websites connected or linked to the Site;Launch or use any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that access the Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment;Alter or modify any part of the content or services offered on or through the Site;Purposefully misrepresent your identity or affiliation;Collect any information from the Site for any purpose other than individual personal use; orAttempt, assist or permit any persons in engaging in any of the activities described above.

‍AGE AND RESPONSIBILITY.
‍You must be at least eighteen (18) years of age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. By using the Site, you represent and warrant that you are at least eighteen (18) years of Age and may legally agree to these Terms. The Company assumes no responsibility or liability for any misrepresentation of your age.

‍PRIVACY.
‍You have read the Company Privacy Policy (the “Company Privacy Policy”), the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Company and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Company Privacy Policy.

‍NO WARRANTIES AND LIMITATION OF LIABILITY.
‍YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING SOFTWARE) OBTAINED THROUGH THE SITE. NEITHER COMPANY NOR ANY OF ITS CONTENT PROVIDERS ENDORSE OR STAND BEHIND THE ACCURACY, TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED ON OR BY MEANS OF COMPANY.THE SITE IS PROVIDED “AS IS”, AND NEITHER COMPANY NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS OR THE LIKE (THE “COMPANY RELATED PARTIES”) MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN TO YOU BY COMPANY OR ANY COMPANY RELATED PARTY SHALL CREATE ANY WARRANTY HEREUNDER. NEITHER COMPANY NOR ANY COMPANY RELATED PARTY WARRANTS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE OR THAT THE SITE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT ON THE SITE) WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. COMPANY, ON BEHALF OF ITSELF AND ALL COMPANY RELATED PARTIES, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT COMPANY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, COMPANY, ON BEHALF OF ITSELF AND ALL COMPANY RELATED PARTIES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT TO THE SITE.

‍LIMITATION OF LIABILITY.
‍THE COMPANY AND ALL COMPANY RELATED PARTIES WILL NOT BE LIABLE FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND/OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR (B) DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY FILE, IN EACH INSTANCE WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. FOR FURTHER CLARITY, IN ALL EVENTS, COMPANY AND ALL COMPANY RELATED PARTIES SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE INTERNET. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ANY COMPANY RELATED PARTY UNDER THESE TERMS SHALL BE LIMITED TO DIRECT AND ACTUAL DAMAGES IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00).

‍INDEMNIFICATION.
‍You agree to indemnify and hold harmless the Company, its parent, affiliates, subsidiaries, directors, managers, members, stockholders, officers, agents, and employees from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to (a) your use of the Site; (b) breach of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right or privacy right. This indemnity shall apply to your successors and assigns and shall survive any modification or termination of these Terms or the Site. Any and all of our indemnities, warranties, and limitations of liability (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth herein.

‍LINKS.
‍The Site may contain links to websites operated by parties other than the Company (“Third-Party Links”). Such Third-Party Links are provided for your reference only. The Company does not control such Third-Party Links and is not responsible for their contents. The Company makes no representation or warranty regarding any Third-Party Links or the contents or materials on such Third-Party Links. The Site’s inclusion of Third-Party Links does not imply the Company’s endorsement of the material on the Third-Party Links or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

‍GOVERNING LAW.
‍These Terms and its performance shall be governed by the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in New York County, the State of New York, United States of America, in all questions and controversies arising out of your use of this Site and these Terms.

‍NO WAIVER.
‍The failure of the Company to enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Company nor the trade practice shall modify any provision of these Terms and Conditions. Any waiver of these Terms must be in writing and signed by an authorized representative of the Company.

‍MODIFICATION.
‍The Company may at any time modify these Terms at any time and your continued use of this Site will be conditioned upon the Terms in force at the time of your use.

‍ADDITIONAL TERMS.
‍Additional terms and conditions may apply to other portions of the Site, and you agree to abide by such other terms and conditions if you use such portions of the Site.

‍NO RELATIONSHIP.
‍You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or your use of the Site.

‍SEVERABILITY.
‍These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

‍INTELLECTUAL PROPERTY NOTICES.
‍All contents of the Site are Copyright © 2023 Ekho Inc. or its subsidiaries and/or their suppliers or licensors. All rights reserved. Product and company names mentioned on the Site are the trademarks of their respective owners. Any use of the Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. The Materials and other features are subject to change or termination without notice in the editorial discretion of the Company.

‍ENTIRE AGREEMENT.
‍These Terms, together with those incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.