The terms and conditions relating to the use of this site (the “Terms”) are set forth below. By using this site you are agreeing to the Terms.
Descriptions of Products and Services
We attempt to be as accurate as possible in describing our products and services on this site. However, we do not warrant that product and service descriptions or other information on this site is error-free.
All requests to register on this site are subject to acceptance by ECOS LLC (“ECOS”) in its sole discretion. ECOS may refuse to accept, or may cancel, any registration request for any reason or no reason, even if the registration was previously confirmed, without liability to you or any other person. You must be at least 13 years of age to register on this site. By registering, you represent and warrant to us that you are at least 13 years of age.
Access to certain areas of this site is restricted. Your password will enable you to access restricted areas of this site, and you must insure that your password is kept confidential.
You will not attempt by any means to gain access to a restricted area of this site if you are not authorized to do so.
You may not use this website in any way that causes or that may cause damage to this site or impairment of the availability or accessibility of this site. You may not use this website in any way that is unlawful, fraudulent or harmful, or in connection with any unlawful, fraudulent or harmful activity. You may not conduct any systematic or automated data collection activities on or in relation to this site.
ECOS reserves the right to suspend or terminate your use of or access to this website at any time or for any reason, including without limitation due to your impermissible use of this site, without liability to you or to any other person or entity.
The materials on this site, including the text and images, and the arrangement of the materials on this site, are the intellectual property of ECOS or its licensors and are protected by law. Except as provided in the next sentence, you may not use or copy the materials or the arrangement of the materials without our written consent. You may make personal use of this site for non-commercial purposes, provided that you do not modify any part of the site, other than your own Emergency ID Profiles and product listings, without our written consent.
We have trademark rights in the following marks: ECOS, ECOS Emergency ID System, ECOS EID, ECOS Performance, ECOS Performance Wear, EID, and our “technical tree” design. Our trademarks may not be used or copied without our express written permission.
As used in these Terms, the phrase “your user content” means any and all material (including without limitation text and images) that you submit to this website, including without limitation the information in your Emergency ID Profiles. You grant ECOS a worldwide, nonexclusive, royalty-free, irrevocable and perpetual license to use, disclose, reproduce, adapt, modify, publish, license, translate and distribute your user content in any manner and by any means now known or developed in the future. You also grant ECOS the right to sublicense or otherwise transfer these rights, and the right to bring an action for infringement of these rights.
By submitting your user content to this site, you represent and warrant to us that (i) you have the right to disclose and use your user content without liability to any third party; (ii) you have not granted any rights or licenses to any of your user content that would conflict with the rights granted to us; (iii) your user content, the submission thereof to this site, and our use thereof on this site or otherwise in accordance with these Terms, does not infringe upon any copyright, patent, trade secret or other property right of any third party; (iv) your user content, including without limitation the information in your Emergency ID Profiles, is true in all respects; and (v) your user content is not pornographic or obscene.
Without limiting the generality of the foregoing, ECOS reserves the right to remove any of your user content from this site, or to modify your user content, in the event you breach any of the foregoing representations or warranties.
By submitting your user content to this site, you consent to our public disclosure of your user content, including but not limited to our disclosure of the information in your Emergency ID Profiles to emergency responders and any other persons who scan the QR code on your ECOS Emergency ID ("EID"), or who enter your EID Numbers on our website (an EID Number is the seven-digit alphanumeric code that is printed beneath the QR code on all of our EIDs). Thus, you understand, acknowledge and agree that your user content (including without limitation the information in your Emergency ID Profiles) is public information and shall not under any circumstances be construed to be non-public information.
If one of our EIDs is defective, please return it to us or to the store where it was purchased for replacement or refund.
Your remedy for a defective product is limited to having the product replaced or having the price you paid for the product refunded to you. Our liability to you for a defective product will in no case exceed the amount you paid for the defective product (thus we will not under any circumstances be liable for special, incidental, indirect or consequential damages).
EXCEPT AS SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOS DISCLAIMS ALL PRODUCT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THIS SITE IS PROVIDED BY ECOS ON AN “AS IS” BASIS. ECOS MAKES NO REPRESENTATIONS OR WARRANTITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OF THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, ECOS DOES NOT WARRANT THAT THIS WEBSITE OR ANY PART HEREOF WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, OR THAT THE INFORMATION ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION INFORMATION IN A USER’S EMERGENCY ID PROFILES, IS TRUE OR COMPLETE. ECOS DOES NOT TAKE ANY STEPS TO VERIFY THE TRUTH OR COMPLETENESS OF THE INFORMATION IN A USER’S EMERGENCY ID PROFILES. NOTHING ON THIS WEBSITE CONSTITUTES, OR IS INTENDED TO CONSTITUTE, ADVICE OF ANY KIND, INCLUDING WITHOUT LIMITATION MEDICAL ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECOS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE EVEN IF ECOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Personal Liability of Managers, Officers, Employees and Agents
You accept that, as a limited liability entity, ECOS has an interest in limiting the personal liability of its managers, officers, employees and agents. You agree that you will not bring, participate in, or otherwise cooperate with, any personal claim against any of the managers, officers, employees or agents of ECOS in connection with any loss or damage that you incur or suffer in connection with this website or your use of this website. Without prejudice to the foregoing, you agree that the disclaimers and limitations of warranties and liability set forth in these Terms will protect the managers, officers, employees and agents of ECOS as well as ECOS itself.
You agree to indemnify, defend and hold harmless ECOS and its managers, officers, employees and agents (collectively, the “ECOS Indemnified Persons”) from and against any loss, liability, claim, damage, expense (including costs of investigation and defense and reasonable attorneys’ fees and expenses), fine, penalty, judgment, award, or assessment, that the ECOS Indemnified Persons or any of them may suffer, sustain, or become subject to, directly or indirectly, as a result of, in connection with, or relating to your breach of any representation or warranty contained in these Terms or your breach of any covenant or agreement contained in these Terms.
Third Party Sites
This site may contain links to web sites operated by third parties. We provide these links for your convenience. However, we do not have control over these sites and, consequently, any use you make of these sites is at your own risk.
Governing Law, Jurisdiction and Venue
The Terms and your use of this site will be governed by the laws of the State of California without regard to principles of conflicts of law. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms, or your use of this site, will be only the state or federal courts located in Los Angeles, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
The Terms constitute the entire agreement between you and ECOS relating to your use of this site. If any provision of the Terms is determined to be invalid or unenforceable, in whole or in part, the remaining provisions, and any partially unenforceable provision to the extent enforceable, will be binding and enforceable and will be construed as closely as possible to their original meanings. Any delay or failure by ECOS to enforce any provision of the Terms or to respond to any breach of the Terms by you or any other person will not in any way waive or limit the right of ECOS to subsequently enforce any of the Terms. ECOS may assign or otherwise transfer its rights and obligations under these Terms without the need to obtain your consent. However, because your rights and obligations are personal, you may not assign or otherwise transfer any of your rights or obligations under these Terms without the prior written consent of ECOS in each instance. Section and other headings contained in the Terms are for reference purposes only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or any provisions hereof.
Changes to the Terms
We may change the Terms from time to time at our discretion, so we encourage you to check the Terms on an ongoing basis so you are aware of the current version. The Terms were last modified on November 2, 2014.