Legal
For legal inquiries please contact connor@echoresponder.com.

Terms of Service

Thank you for visiting the Echo Responder web site, service or applications (including mobile applications) which are made available by Echo Response Technologies LLC.  By accessing the Echo Responder web site (including the mobile optimized version of the web site) or our mobile applications (together, the “Echo Responder Service”), in any manner (whether automated or otherwise), you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific features of the Echo Responder Service. For example, our application end user license agreement (EULA) also applies to our mobile application. Please read these Terms of Use carefully before using the Echo Responder Service.

The Echo Responder Service is for use solely by emergency first responders whose departments have purchased use of the Echo Responder Service.  For purposes of these Terms of Use, “you” shall refer to either you as a member of the department or the department, as applicable.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract. If you do not agree to these Terms of Use, you may not use the Echo Responder Service.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted. By continuing to use the Echo Responder Service after we post any such changes, you accept the Terms of Use as modified.

Rules of Conduct

There are a few rules of conduct that you are required to follow when you use the Echo Responder Service:

  • Do not "harvest" (or collect) information from the Echo Responder Service using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Echo Responder Service and information provided through the Echo Responder Service.
  • Do not use automated means to access the Echo Responder Service, or gain unauthorized access to the Echo Responder Service or to any account or computer system connected to the Echo Responder Service.
  • Do not "stream catch" (download, store or transmit copies of streamed content).
  • Do not obtain, or attempt to obtain, access to areas of the Echo Responder Service or our systems that are not intended for access by you.
  • Do not "flood" the Echo Responder Service with requests or otherwise overburden, disrupt or harm the Echo Responder Service or its systems.
  • Do not circumvent or reverse engineer the Echo Responder Service systems.
  • Do not restrict or inhibit another user or users from using and enjoying this Echo Responder Service.
  • If you post something to this Echo Responder Service, such as comments through the incident chat or photographs, do not post anything that:
    • infringes any third party intellectual property right (such as copyrights),
    • is defamatory (i.e., something that is negative and untrue about another person or entity),
    • divulges another person's or entity's confidential,  private information, or Protected Health Information, as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), or trade secret,
    • is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
    • encourages criminal conduct,
    • advertises or solicits business for products or services, or
    • contains any virus, malware, spyware or other harmful content or code.

You also must comply with all applicable laws and contractual obligations when you use the Echo Responder Service.

HIPAA Information

You may not submit, disclose, upload, post, transmit, distribute or otherwise publish to, on or through the Echo Responder Service any information about patients that is covered by HIPAA. If you post any such materials, we are not responsible for any resulting violation of these laws or policies as the Echo Responder Service is not intended to receive Protected Health Information, as defined by 45 C.F.R. § 160.103, or to be used in the provision of health care service, but we may remove the Protected Health Information from the Echo Responder Service and we may take any actions against you as set forth under “Suspension or Termination of Access” below or as otherwise set forth in these Terms of Use.

Ownership of Site Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Echo Responder Service. The department may use content and material on the Echo Responder Service in order to analyze and improve its own incident response, but neither you nor the department may use such content or material for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Echo Responder Service unless explicitly authorized in these Terms of Use or by the owner of the materials. You may, however, from time to time, download and/or print individual pages of the site for your personal or the department’s non-commercial use, provided that you keep intact all copyright, trademark and other proprietary notices.

If you submit or post any materials or content to the Echo Responder Service, you grant us a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the site is original to you and that you have the right to grant us these rights.

Please do not send us your ideas for our business. We are always thinking and creating, and we may have similar ideas of our own. To avoid any disputes between us relating to ideas that you have submitted to us you agree that, if you send us your ideas, you are giving us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of our website lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of our site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

Site Registration and Log In

To access the Echo Responder Service, you are required to provide personal and/or demographic information as part of a registration or log-in process. The Echo Responder Service is only available to registered users.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that other users of the Echo Responder Service who are part of your department can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when the Echo Responder Service is accessed through your account, whether authorized by you or not.  Therefore, if you create an account, be sure to protect the confidentiality of your account password. You agree to notify us if you are aware of any unauthorized access to your account or if your disclosure of your account information may result in unauthorized usage of the account.  We are not liable for any loss or damage arising from your failure to protect your password or account information. In our sole and absolute discretion, and without notice or liability to you, we may terminate your account for any reason.

Electronic Communications

The communications between you and us via the Echo Responder Service use electronic means, whether you visit the Echo Responder Service or send us an email, or whether we post notices on the Echo Responder Service or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Copyright Infringement Notices

If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Echo Responder Service in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Nick Romano, 115 E 34th St., #1181, New York, NY 10156 or by email to nick@echoresponder.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the site.  We have a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights.

Changes to the Echo Responder Service

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Echo Responder Service or any portion of the Echo Responder Service. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Echo Responder Service, or to any features or portions of the site, and to remove and discard any content or materials you have submitted to the site, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights. In the event that we suspend or terminate your access to and/or use of the site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Linking Policies

The Echo Responder Service may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to the Echo Responder Service log-in page so long as: (i) the Echo Responder Service opens in a new browser window which displays the full version of the log-in page of the Echo Responder Service (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on the Echo Responder Service), (ii) the link to this does not state or imply any sponsorship of your website or service by us or by the Echo Responder Service; and (ii) the Echo Responder Service is not display framed within or obfuscated by other content. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Echo Responder Service, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to the Echo Responder Service log-in page upon notice. If you receive such a notice from us, you agree to discontinue your link to the site.  

Location Information

The Echo Responder Service may use GPS and other locator capabilities to identify and display your device’s precise location, as further described in the Privacy Policy.

Indemnification

You agree to indemnify, defend and hold us and our directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of the Echo Responder Service, your submissions to the Echo Responder Service, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Echo Responder Service.

Jurisdictional Issues

We control and operate the Echo Responder Service from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Echo Responder Service are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Echo Responder Service are appropriate or available for use in other locations. If you choose to access the Echo Responder Service from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.  Since the Echo Responder Service is customized by your department to apply to the area in and around your department’s jurisdiction, you acknowledge that certain key aspects of the Echo Responder Service will only be useful when you are in or around such jurisdiction. 

Applicable Law; No Waiver; Severability

These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of New York, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

Governing Jurisdiction

ANY DISPUTE WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN the United States District Court for the Southern District of New York or, if such court would not have jurisdiction over the matter, then only in a New York State court sitting in the Borough of Manhattan, City of New York. Each Party submits to the exclusive jurisdiction of these courts and agrees not to commence any legal action under or in connection with the subject matter of this TERMS OF USE in any other court or forum. Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this terms of use in the Federal or state courts sitting in the Borough of Manhattan, City of New York, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.

Disclaimer of Warranties

THE ECHO RESPONDER SERVICE AND ITS CONTENT AND SERVICES ARE PROVIDED FOR EMERGENCY RESPONSE PURPOSES.  WE PROVIDE THE ECHO RESPONDER SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

  • THE ECHO RESPONDER SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE ECHO RESPONDER SERVICE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE ECHO RESPONDER SERVICE WILL BE ACCURATE OR UP-TO-DATE,
  • THE ECHO RESPONDER SERVICE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS, OR CYBERCRIME
  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THE ECHO RESPONDER SERVICE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
  • THE ECHO RESPONDER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

YOU AGREE THAT USE OF THE ECHO RESPONDER SERVICE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE ECHO RESPONDER SERVICE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE ECHO RESPONDER SERVICE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE ECHO RESPONDER SERVICE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE ECHO RESPONDER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE ECHO RESPONDER SERVICE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR ECHO RESPONDER SERVICE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

THESE DISCLAIMERS APPLY TO US AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE ECHO RESPONDER SERVICE AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THE ECHO RESPONDER SERVICE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE ECHO RESPONDER SERVICE, OR WITH ANY OF THE ECHO RESPONDER SERVICE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ECHO RESPONDER SERVICE.

IN NO EVENT WILL WE OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE ECHO RESPONDER SERVICE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE ECHO RESPONDER SERVICE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE ECHO RESPONDER SERVICE, WILL NOT ONE DOLLAR ($1.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

Privacy Policy

Please review our privacy policy for details about how we collect, use and disclose information in connection with the Echo Responder Service.

Other

These Terms of Use together with any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Echo Responder Service, constitute the entire agreement between us and you with respect to the Echo Responder Service. This agreement is personal to you and you may not assign it to anyone.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

Last Updated: November 12, 2014