TERMS AND CONDITIONS

Last revised: 08/2022

Welcome to the website and online service of Echav Ent Inc., having its registered address at 1109 Lady Bird St., Ennis, TX 75119, United States, with company registration number 804674825 (hereinafter referred to as “Company”, “we”, “us” or “our“). This webpage explains the terms by which you may use our service. By accessing or using our Website, Health and Lifestyle products, and services, including other supplementary services (hereinafter referred to as “Service” or “Services”) accessible at our website (hereinafter referred to as “Website”), you (hereinafter referred to as “you,” “your,” and “User”) agree on behalf of yourself to be bound by these Terms and Conditions (hereinafter referred to as “Terms”), Privacy Policy, and the other applicable rules, policies, and terms posted on the Website or provided with the Service, whether or not you are a registered user of our Service.

We reserve the right to amend these Terms at any time in our sole discretion by posting the revised Terms on the Website. Your continued use of the Service after any such changes constitutes your acceptance of the revised Terms. These Terms apply to all visitors, users, and others who access the Service.

 

ELIGIBILITY

You must be 18 or over to use the Website or our Services. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the provisions of these Terms.

If you represent any legal entity, you confirm that you have the legal authority to bind the legal entity to these Terms. If you do not agree with these Terms, the Privacy Policy, or any other rules posted by us on this Site, or you do not have authority to bind the legal entity to these Terms, you may not use the Site or the Services.

 

LINKS TO THIRD-PARTY WEBSITES

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

ACCOUNT

In order to use the Services, you may be required to create an account to access and use certain features. You must provide accurate, current, and complete information during the registration process and keep your account up-to-date at all times. If you register the account, you represent and warrant that your use of Services does not violate any applicable law or regulation or these Terms.

We reserve the right to disallow the use of usernames that are inappropriate, infringe a third party’s intellectual rights, or attempt to impersonate another user. You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services.

 

OPTIONS OF SERVICES

Except for free-of-charge options, you may be offered with the Paid Subscription or the Trial.  

By subscribing to any Paid Subscription, you give your consent for charging you for the renewal term, which will be the same as your initial subscription period unless you cancel your Paid Subscription, or unless otherwise disclosed to you on the Website.

By subscribing to the Trial, you give your consent for automatic continuance of your access to the Trial, unless you cancel before the end of the Trial, or unless otherwise stated.

You will be billed the applicable fees for the Service unless you cancel before the end of the Paid Subscription or the Trial, or unless otherwise stated. All fees and charges are nonrefundable and there are no refunds or credits for any partially used Paid Subscription or Trial except at the Company’s sole and absolute discretion, or as expressly set forth in these Terms, or otherwise required by applicable law.

Canceling the Services before the end of the Trial will waive all your rights to any remaining Trials and you will not have a right to participate in any further Trials, except the Company will give you a consent.

The responsibility to know when the Paid Subscription or the Trial will end is ultimately yours.  Accordingly, pay attention to the expiry date of the Paid Subscription or the Trial.

You acknowledge that we reserve the right to change fee rates for the Paid Subscription or the Trial at any time in our sole discretion and to the maximum extent permitted by applicable laws.  We will give you reasonable notice of any such pricing changes:

  • by posting the new fee rates on or through the Website, or
  • by sending you an e-mail notification, or
  • in another prominent way.
 

If you do not wish to pay the new fees for the Paid Subscription or the Trial, you can cancel the applicable subscription prior to the change going into effect.

You authorize us to charge your bank account or credit card for all fees payable during the term of the Paid Subscription or the Trial. Please, pay attention that your contact information, billing information, and credit card information (where applicable) shall be kept by you up to date.

To ensure the required level of payment security, the Company currently uses third-party providers to collect payments from users on behalf of us.

 

USE OF THE SERVICES BY YOU

You shall use the Service for lawful purposes only and never use any obscene, indecent, or offensive language, or place on the Service any material that infringes in any way the rights of others or is false, defamatory, abusive, harassing or hateful.

Please pay attention that Company grants you a revocable, non-transferable, non-sublicensable, non-exclusive, limited right to access and use the Services for non-commercial purposes in compliance with these Terms.

You agree that you will not:

  • use this Website for any purpose in violation of these Terms, local, state, national, or international laws;
  • circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website or its content;
  • place on the Service any material that is encrypted, constitutes junk mail or unauthorized advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offense or give rise to civil liability, or that otherwise violates any local, state, national, or international law or regulation;
  • use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or its content for any purpose without our express written permission;
  • transmit, distribute, or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
  • use meta tags or code or other devices containing any reference to the Company or the platform (or any trademark, trade name, service mark, logo, or slogan of the Company) to direct any person to any other site for any purpose;
  • solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  • attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
  • decompile, reverse engineer, or disassemble any portion of the Website;
  • use network-monitoring software to determine the architecture of or extract usage data from the Website;
  • encourage conduct that violates any local, state, or federal law, either civil or criminal;
  • impersonate another user, person, or entity;
  • harass, bully, stalk, intimidate, assault, defame, harm, or otherwise mistreat any person;
  • violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
  • engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

 

SUBMISSIONS
You are solely liable for all your submissions. By delivering your submissions to the Website you represent and warrant that you are the legal holder of the rights on that submission and you are competent to grant us the license to use your submissions. You are responsible for ensuring that submissions given to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting of submissions to this Website.

You understand and agree that the Company may, but have no obligation, review and delete any submission that in the sole judgment of the Company violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users.

If you deliver your submissions to the Website, you grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to exploit such submissions in any manner. The rights you grant us are only for the limited purpose of the provision, offering, and improving our Services.

 

INTELLECTUAL PROPERTY

You acknowledge that the Services and the Website are protected by certain proprietary and intellectual property rights belonging to the Company and that you have no right, title or interest in the Services of our site. All copyrights, patents, trademarks, service marks, trade secrets, database rights, and other proprietary rights pertaining to the Services and Website are the sole and exclusive property of the Company or its licensors.

Please do not copy, upload, download, or share any information or content unless you have the right to do so. You, not Company, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services, or use the Services to spam others. 

 

PRIVACY

Privacy is important to us. We have a separate policy about it that you should read. For information about how we and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

 

ERRORS

We attempt to make our content as accurate as possible but we do not warrant that the content of the Website is accurate, complete, reliable, current, or error-free. We undertake no obligation to update, amend or clarify information in the Service or on our Website, except as required by law.

 

INDEMNITY

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Company and its affiliates or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and related third parties, for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, your violation of any provisions of this Terms or any other rules posted by us on this Website, or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations.

The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

CHANGES TO THE TERMS

We may modify these Terms from time to time at our sole discretion, with or without notice to you. Please check the Terms frequently. If you do not agree to any changes, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in these Terms, will constitute a binding acceptance by you of these Terms, or any subsequent changes.

TERMINATION

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice to you for any reason or no reason, including without limitation breach of these Terms. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service by others may be grounds for termination of your access to all or part of the Service, at our sole discretion.

You may terminate these Terms by:

– ceasing to use our Services and Website;

– notifying us about your intention.

Your Paid Subscription or Trial may be canceled at any time during the term of such Paid Subscription or Trial or any renewal period. Therefore, your Paid Subscription or Trial will be terminated at the end of the Paid Subscription or the Trial term for which you have paid. You acknowledge that you will not receive any refund for any unused days of such Paid Subscription or Trial term. In case of an installment payment basis, the cancellation will not affect your obligation to pay the total contractual amount due on your Paid Subscription or Trial and your account, credit card, or other payment methods will continue to be charged the scheduled payments until the remaining balance is paid in full.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The services and all information, products, and other content included in or accessible from the services are provided “as is” and “as available” and without warranties of any kind (express, implied, and statutory, including but not limited to the implied warranties of merchantability and fitness for a particular purpose), all of which the Company expressly disclaims to the fullest extent permitted by law. We may from time to time remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

The Company does not warrant that the Service, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Service, our servers or electronic communications sent from the Company are free of viruses or other harmful components.

In no event shall the Company, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors, or content providers be liable for any indirect, special, incidental, punitive, or consequential damages arising out of or related to the use, inability to use, performance or nonperformance of the Services, even if we were previously advised of the possibility of such damages and regardless of whether such damages arise in contract, tort, under statute, in equity, at law, or otherwise.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

ASSIGNMENT

The rights and obligations herein are personal to you, and you may not assign or otherwise transfer these rights or obligations without the prior written consent of the Company. The Company may freely assign these Terms, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.

 

OTHER PROVISIONS

Section headings are inserted for convenience only and shall not affect the interpretation of these Terms.

Any dispute between you and us arising out of the usage of the website or Services, the formation, performance, interpretation, nullification, termination, or invalidation of the Terms, or arising therefrom or related thereto in any manner whatsoever, shall be settled by courts located in United States competent to resolve the dispute according to United States laws.  

Before bringing a claim against the Company, you agree to try to resolve the dispute by negotiation. Following this, please send us an email with your arguments.

These Terms, Privacy Policy, and any other rules posted by us on this Website contain the entire agreement between you and the Company regarding the use of the Website or the Service. These Terms supersede all prior communications and proposals, whether electronic, oral, or written, between Company and you. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.

ACKNOWLEDGMENT

By using the Services or the Website you acknowledge that you have read these Terms and agree to be bound by them. 

 

QUESTIONS

If you have any questions about these Terms, you may contact us by any of the following methods:

E-mail: [email protected]

Post: 1109 Lady Bird St., Ennis, TX 75119, United States