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ECHOTRIAL30
Updated: November 25, 2024
Welcome to Echo Loyalty (https://www.echoloyalty.com/) along with any related websites (the “Site”). The Site is owned and operated by Comarch Inc. and its affiliates (“Comarch” or “Echo Loyalty”). Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not agree to these Terms, please do not access or use the Site and its Content in any manner.
You represent to Comarch that you are lawfully able to enter into contracts in your residence jurisdiction. If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Comarch are collectively referred to as the “Parties” and each is a “Party”.
You are responsible for violations of these Terms by anyone using the Site with your permission or using your account on an unauthorized basis. Your use of the Site to assist another person in an activity that would violate these Terms if performed by you is a violation of these Terms.
Comarch may modify these Terms at any time by posting a revised version on the Site. You are expected to check this page each time you access the Site so you are aware of any changes. By accessing the Site, you agree to the latest version of these Terms.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, on our sole discretion without notice. We will not be liable if for any reason all any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some or all of the Site.
These Terms govern the use of the Echo Loyalty Site and/or any other services provided by Echo System only to registered users (the “Service”). If you are accessing or using the Service, then you are also subject to Comarch’s Terms of Service available at https://comarch.com/ or to any other written contract as may be separately signed between you and Comarch and that governs the use of the Service.
When you upload, post, publish or make available any content on the Site, you agree to grant to Comarch a non-exclusive, royalty-free license, to use or disclose to third parties any such content subject to the terms of the Privacy Policy (as defined below). You acknowledge and understand that Comarch may, at its sole discretion, delete or remove any of your content from the Site.
Any content you provide must comply with these Terms of Use and any additional standards or agreements that may apply from time to time.
By putting content on the Site, you represent and warrant that you own or control all rights in and to such content and have the right to grant the license granted to us. You understand and acknowledge that you are responsible for any content you submit or contribute, and you (not we), have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of the Site.
If you believe content has been posted or made available on this Site in violation of these Terms of Use, please contact us using the information provided below in Section 17.
When you create an account to use or access certain portions of the Site, you must provide complete and accurate information as requested on the registration form, and you must maintain and update such information to keep it complete and accurate. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password, and you are responsible for all activities that occur under your account. You may not use a third party’s account, user name or password at any time, and you shall not allow anyone other than the authorized user to access or use the Site from your account. You agree to notify Comarch immediately of any unauthorized use of your account, user name or password. Comarch shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Comarch, its affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
We have the right to disable any account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
The Site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, content or other products or services created, hosted or made available by third parties (“Third-Party Services”), and such third parties may use other third parties to provide portions of the Third-Party Service to you. When you access or use a Third-Party Service, you are interacting only with the applicable third party, and you do so at your own risk. Comarch is not responsible for, and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services, including, without limitation, the accuracy or completeness of the information provided by such Third-Party Service or the privacy practices of any third party. Your right to use the Third-Party Services is subject to any applicable acknowledgement and license terms of the Third-Party Services providers.
Echo Loyalty will use any personal information that it may collect or obtain in connection with the Site in accordance with the Echo Loyalty Privacy Policy currently available at https://www.echoloyalty.com/privacy/ (“Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
The trademarks, logos and service marks, whether registered or not, displayed on the Site (“Marks”) are the property of Comarch or other third parties. You are not permitted to use these Marks without the prior written consent of Comarch or such third party.
By subscribing to Echo Loyalty, communication you agree to receive email notifications including but not limited to the platform, system updates, new features.
You agree to defend, indemnify and hold harmless Comarch, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the Site or breach of these Terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL Comarch , ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE; AND (b) IN NO EVENT SHALL COMARCH CUMULATIVE LIABILITY TO YOU EXCEED THE LOWER OF: (I) AMOUNTS PAID TO COMARCH FOR USE OF THE SITE DURING THE LAST 12 MONTHS FROM THE DATE IN WHICH A CLAIM HAS BEEN SUBMITTED; OR (II) USD 100. IF YOU HAVE NOT MADE ANY PAYMENTS TO COMARCH FOR THE USE OF THE SITE, THEN COMARCH SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
THE SITE AND ALL CONTENT AND OTHER ITEMS MADE AVAILABLE BY ECHO LOYALTY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ECHO LOYALTY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES OR INACCURACIES OF DATA OR INFORMATION POSTED, DISPLAYED, PUBLISHED OR MADE AVAILABLE FOR USE OR DOWNLOAD ON THE SITE, (ii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (iii) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY NOT UNDER ECHO'S CONTROL. YOUR USE OF THE SITE AND THE CONTENT, OR ANY PART THEREOF, IS MADE SOLELY AT YOUR OWN RISK AND RESPONSIBILITY.
This Agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the State of New York, without reference to its choice of law principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York City, New York, USA, and the Parties expressly consent to personal jurisdiction and venue in those courts. To the extent permitted by applicable law, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the provisions of this Section, we reserve the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.
In the event any information posted on the Site from time-to-time conflicts with any provision of these Terms, the applicable provision of these Terms shall prevail, except with respect to any agreement or Terms of Service between you and Comarch. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Comarch. You may not assign, transfer or sublicense all or any of your rights or obligations under these Terms without Comarch’s express prior written consent. Comarch may assign, transfer or sublicense all or any of Comarch’s rights or obligations under these Terms without restriction. The failure of Comarch to exercise or enforce any condition, term or provision of these Terms will not operate as a waiver of such condition, term or provision. Any waiver by Comarch of any condition, term or provision of these Terms shall not be construed as a waiver of any other condition, term or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall continue in full force and effect. Comarch will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Please contact Comarch at contact@echoloyalty.com with any questions regarding these Terms.