Description of Website; Acceptance of Terms
Welcome to www.BlueEchoCare.com (“Website”), a web-based ecommerce platform owned and operated by Blue Echo Care LLC (“Blue Echo Care”, “we”, “our”, “us”) that provides information and products for sale intended to be used for at -home healthcare.
IF ANY OF THESE TERMS OR ANY FUTURE CHANGES (AS DESCRIBED IN MORE DETAIL BELOW) ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE.
In addition to any other representations and warranties contained herein, you represent and warrant that that you have the right, authority and capacity to enter into, and to be bound by, these Terms, and that your access to, and use of, the Website shall be in compliance with these Terms in all respects, as well as any other applicable laws, rules and regulations of any governmental authority, wherever you are located.
Modification of Website Terms
We reserve the right to modify these Terms in our sole discretion from time to time. We encourage you to review the Website and these Terms periodically for any updates or changes. If we make a material change or amendment to these Terms, we will post the new terms on the Website and note the date they were last updated. Any changes or modifications will be effective automatically upon the posting of these Terms as revised on the Website, and your use, or continued use, of the Website following such posting will automatically constitute your acceptance of the new Terms. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Website Intellectual Property; Website License; Website Access, Suspension and Termination
Except with respect to the limited licenses granted herein, Blue Echo Care retains all right, title and interest in and to the Website, throughout the world, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website by or on behalf of Blue Echo Care, including, without limitation, all Website Content (defined below), and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (collectively, “Website IP”). The Website IP is protected in all forms, media and technologies now known or hereinafter developed. Blue Echo Care’s ownership in and to such Website IP includes the coordination, selection, arrangement and enhancement of such Website IP as a Collective Work under the United States Copyright Act, as amended.
In certain instances, Blue Echo Care may agree to provide you with access to secure, password protected pages of the Website. Such access is restricted to authorized users only and any attempt by you to access these protected pages without authorization may subject you to criminal or civil liability. This License terminates automatically upon any unauthorized use of the Website and Blue Echo Caer will take appropriate investigative and legal action for any illegal or unauthorized use of the Website.
Blue Echo Care reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website or your Account (defined herein), either in whole or in part, at any time, for any reason, and with any conditions, including, but not limited to, if Blue Echo Care believes in good faith that you have violated or acted inconsistently with these Terms or any applicable law, or that you have engaged in conduct that Blue Echo Care determines to be inappropriate or unacceptable. Blue Echo Care reserves the right, in its sole discretion, to terminate your access to the Website and your Account if you file any claim against Blue Echo Care or any claim that involves the Website. Blue Echo Care also reserves the right, at its sole discretion, to seek and obtain any other remedies available to it pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms or any other act or omission by you that gives rise to a claim by Blue Echo Care. If Blue Echo Care terminates, limits, or suspends your right to use the Website or Account, without Blue Echo Care’s prior written consent, you are prohibited from accessing the Website or registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In the event your right to use the Website is terminated, limited, or suspended, these Terms will remain in effect and enforceable against you.
You may terminate these Terms at any time by ceasing all use of the Website and closing your Account as provided herein; provided, that all sections of these Terms which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.
Blue Echo Care may in the future update the Website to change the material, Website Content and/or features thereof at any time (an “Update”). Blue Echo Care shall not be liable to you in any way as a result of any temporary suspension of the Website arising from or in connection with an Update. Furthermore, Blue Echo Care is under no obligation to undergo an Update of the Website to the extent any Website Content and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you pursuant to this Section 2 shall apply in full to any Update.
Your access to the Website may be interfered with by numerous factors outside of Blue Echo Care ‘s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Blue Echo Care is not responsible and will have no liability for any failures of the internet or any data or telecommunications equipment, system or network used in connection with the Website. In addition, perfect security does not exist on the Internet; Blue Echo Care cannot and does not guarantee that any Account Data or other personally identifiable information submitted to the Website will not become public under any circumstances.
User Accounts; Account Data
In connection with your Account, you represent and warrant that: (i) you are the sole owner of all right, title and interest in, or have obtained all necessary rights and licenses from the applicable owner of, any Account Data, materials or other information you submit or upload onto the Website; (ii) such Account Data, materials and other information, when used for the purposes in which it is submitted onto the Website, does not infringe upon the rights of any third party, including, without limitation, intellectual property rights, propriety rights and rights of publicity/privacy; (iii) such Account Data, materials and other information will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iv) such Account Data, materials and other information will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) such Account Data, materials and other information will not be obscene or contain child pornography or be harmful to minors; and (vi) such Account Data, materials and other information will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (vii) such Account Data, materials and other information will not create liability for Blue Echo Care or cause Blue Echo Care to lose (in whole or in part) the services of its ISPs or other partners or suppliers. You acknowledge and agree that you shall be solely responsible for all Account Data, materials and other information that you upload onto the Website and that Blue Echo Care reserves the right to reject, refuse, edit, modify, or remove all or a portion of any such Account Data, materials or other information from the Website that Blue Echo Care determines, in its sole discretion, does not comply with these Terms, or for any other reason, without notice or liability to you.
You are responsible for maintaining the confidentiality of your Account and password and are fully responsible and liable for all activities that occur under your password or Account, even if not committed by you. You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security by contacting us at firstname.lastname@example.org. Blue Echo Care is not responsible for any loss or damage as a result of someone else using your Account, Account Data or password with or without your knowledge. Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website and your Account only for lawful purposes.
Blue Echo Care may from time to time modify or add to the Account Data information fields required to create or maintain your Account, and you agree to promptly complete any such additional or modified information fields when requested by us. If you fail to do so, we may terminate or suspend the use of your Account.
If you create and Account or accept these Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to act on behalf of that entity or agency, and to bind that entity or agency to these Terms. In such case, “you” and “your” will refer and apply to that entity or agency.
Website Use by Minors
The Website is not intended for or directed to persons who are minors (typically persons under the age of 18, but in some cases older depending on the defined age of majority under the applicable law of the jurisdiction of your primary residence). Because we cannot prohibit minors from accessing the Website, we must rely on parents and legal guardians to supervise minors and decide which materials are appropriate for minors to view and/or purchase. By accessing and using the Website, including, but not limited to, creating an Account, purchasing products from us, or providing us with any information, you represent and warrant to us that you are fully able and competent to enter into these Terms and legally permitted to enter into a binding contract (i.e., you have reached the legal age of majority under the applicable law of the jurisdiction of your primary residence), or, if you are under the legal age of majority, you have the express permission from your parent or legal guardian to do so, and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are legally permitted to enter into a binding contract (i.e., have reached the legal age of majority under the applicable law of the jurisdiction of your primary residence), or (ii) by minors with the express permission of a parent or legal guardian to purchase items on the Website.
Product and Service Changes, Misprints, Errors, and Cancellations
Subject to applicable law, and notwithstanding any information, slogans, or materials displayed on the Website, we: (a) reserve the right to change the products and services advertised or offered for sale through the Website, the prices or specifications of such products and services, and any promotional offers and any other Website Content at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that products or services advertised or offered for sale on the Website will be available when ordered or thereafter; (c) reserve the right to limit quantities of products and services sold or made available for sale; (d) do not represent or warrant that Website Content related to any products or services advertised or offered for sale (including without limitation product descriptions or photographs) is accurate, complete, reliable, current, or error-free; (e) do not represent or warrant that any specific products or services advertised or offered for sale through the Website, as of the time of purchase or delivery, will in fact be an eligible product or service for purchase under your FSA flexible spending plan or under any regulations or laws covering flexible spending accounts; (f) reserve the right to substitute a substantially similar product of equal or greater value to fulfill your order; and (g) reserve the right to cancel, to terminate, or not to process orders (including accepted orders) where the price or other material information on the Website is inaccurate, when potential fraudulent activity is detected or when we recognize abuse of these Terms and our policies. If we do not process an order for such reason, we will advise you that the order has been canceled and will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. We have made reasonable efforts to ascertain general eligibility of products and display accurately the colors or appearances of the products on the Website. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition for a refund.
We reserve the right to limit quantities of products and services purchased by each user of the Website. In addition, we reserve the right to cancel any order, or part of an order, or to refuse service to anyone for any reason. Such reasons may include, but are not limited to, unauthorized coupon use, product availability, and price discrepancy. We reserve the right to charge fees or extra shipping charges for any product that is backordered. The posting of prices on our Website is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. The contract for sale of goods between us and any user of the Website is not entered into until we charge a valid credit card or otherwise accept payment.
Releases; Disclaimer of Warranties; Limitation of Liability
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPESSLY SET FORTH HEREIN, THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BLUE ECHO CARE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY WEBSITE CONTENT OR OTHER CONTENT, MATERIALS OR INFORMATION UPLOADED BY ANY USER IN CONNECTION WITH ANY INTERACTIVE AREAS PROVIDED THROUGH THE WEBSITE, OR ANY THIRD PARTY CONTENT LINKED TO THE WEBSITE. BLUE ECHO CARE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN. BLUE ECHO CARE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND BLUE ECHO CARE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER BLUE ECHO CARE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY WEBSITE CONTENT OR OTHER INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE.
NEITHER BLUE ECHO CARE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NEITHER BLUE ECHO CARE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT BLUE ECHO CARE IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD BLUE ECHO CARE, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY BLUE ECHO CARE OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL BLUE ECHO CARE, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. BLUE ECHO CARE DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE WEBSITE. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BLUE ECHO CARE OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL PURCHASE PAID BY YOU TO BLUE ECHO CARE FOR PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU AND BLUE ECHO CARE AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR BLUE ECHO CARE WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR BLUE ECHO CARE ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND BLUE ECHO CARE FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, BLUE ECHO CARE, AND ALL PARTIES TO ANY SUCH PROCEEDING.
In addition to any other indemnification obligations set forth in these Terms, you hereby agree to indemnify, defend and hold harmless, Blue Echo Care and its directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective directors, officers, employees, successors, assigns, consultants and other agents, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms; (iii) any Account Data or content, materials and other information uploaded by you to any Interactive Areas of the Website; (iv) your violation of any applicable law, rule or regulation in accessing and using the Website; or (v) your violation of any third party right, including, but not limited to, any intellectual property right or right of privacy/publicity related to your access and use of the Website. Blue Echo Care shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Blue Echo Care ‘s request. Blue Echo Care reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Blue Echo Care.
User Reviews and Feedback
We are pleased to hear from our users and welcome your comments, reviews and feedback regarding our products and the Website. You may post reviews of products or services, comments, suggestions, feedback, or other material (“Submissions”) so long as the content of your Submission is not unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. Blue Echo Care reserves the right (but not the obligation) to monitor, edit and remove any Submission but does not regularly review posted Submissions.
By posting or sending us any Submission, you grant Blue Echo Care and its subsidiaries a non-exclusive, royalty-free, perpetual, and irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant Blue Echo Care and its subsidiaries the right to use the name you submit in connection with such Submission.
By posting or sending us a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this policy and will not cause injury to any person or entity. You agree to indemnify Blue Echo Care against all claims and liabilities resulting from your Submission. Blue Echo Care does not take any responsibility and assumes no liability for any Submission posted by you or any other person or entity.
Blue Echo Care does not investigate any feedback statements posted by Website users for accuracy or reliability but may do so if it receives a request from a Website user. Blue Echo Care is not legally responsible for any Submissions made to the Website, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the Website, Blue Echo Care reserves the right (but is under no obligation) to remove posted Submissions that, in Blue Echo Care’s sole discretion, violates these Terms. You acknowledge and agree that you will promptly notify Blue Echo Care of any error or inaccurate statement in your Submissions, and that if you do not do so, Blue Echo Care may rely on the accuracy of such information.
Copyright Infringement Complaints
The service marks and trademarks of Blue Echo Care, including without limitation Blue Echo Care and Blue Echo Care logos are service marks owned by Blue Echo Care. Any other trademarks, service marks, logos and/or trade names appearing via the Website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of Blue Echo Care or the applicable owner.
Blue Echo Care respects the intellectual property of others and expects Website users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, the copyright holder may request that Blue Echo Care remove or disable the material by submitting written notification to our Copyright Agent (contact information below), in accordance with the Digital Millennium Copyright Act of 1998 (DMCA). Pursuant to section 512(c)(3) of the DMCA, such written notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In accordance with Section 512(i)(1)(a) of the DMCA, Blue Echo Care will, in appropriate circumstances, disable and/or terminate the Accounts of users who are deemed to repeatedly infringe upon copyrights.
For purposes of these Terms, “Confidential Information” means any trade secrets or non-public, proprietary information and data of Blue Echo Care or any other Website user, whether or not marked as proprietary and confidential, including, without limitation, information relating to the business, affairs or operations of Blue Echo Care or any other Website user, financial data, business plans or strategies, methodologies, programs, concepts, strategies, materials, research, product plans, products, developments, marketing, customer data, technology, inventions, processes, intellectual property (including, without limitation, any patents, copyrights, trademarks, trade names, trade secrets, trade dress, moral rights, and any applications related thereto), design techniques, employee information, competitor lists, and any and all other information not generally ascertainable from the public or published information, which is disclosed to, received by, or obtained from any source by you pursuant to or as a result of these Terms, or your access to and use of the Website. You agree that, without the prior written consent of Blue Echo Care or the other applicable Website user, you will not disclose or use for your own purposes any Confidential Information. You further agree that you will take all reasonable precautions to protect Confidential Information directly disclosed to you, using at least the same standard of care as you use to maintain the confidentiality of your own Confidential Information. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by operation of law, or by a court or governmental agency, or if necessary in any proceeding to establish rights or obligations under these Terms; provided that you will, unless legally prohibited, provide Blue Echo Care or the other applicable Website user with reasonable prior written notice sufficient to permit Blue Echo Care or the other applicable Website user an opportunity to contest or limit the nature of such disclosure. You shall promptly notify Blue Echo Care or the other applicable Website user in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. If you commit, or threaten to commit, a breach of this Confidentiality section, Blue Echo Care or the other applicable Website user will have the right to seek injunctive relief from a court of competent jurisdiction.
We may from time to time provide certain promotional opportunities, sweepstakes and contests to Website users. All such promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification. Our liability, and the liability of any of our partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to the limitations of liability set forth in these Terms.
To make purchases on the Website, you must have a valid shipping address in the United States.
Collection of Sales Tax
In states where we have no physical presence, we are not required to collect and remit sales tax for purchases unless required by such states. However, if a state does not require this, it may still require that their residents file a sales or use tax return for items purchased on the Website. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For those states that do require it, we collect and remit sales tax. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Website, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold us harmless, our officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.