Welcome to echoffman.com (the “Site”). The Site is owned and operated by the channeler and writer EC Hoffman (“ECH”).
The following Terms of Use govern your access and use of the Site. By accessing or using this Site you indicate your agreement to these Terms of Use. Please carefully read these Terms of Use and the related Privacy Policy before accessing or using this Site, as your use and access create a binding agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use this Site. If these Terms of Use are considered an offer by ECH, acceptance is expressly limited to these terms only.
Age Restriction
By using this Site you represent that you are at least 18 years old. If you are not at least 18 years old, you may only use the Site if your parent or guardian consents and assumes full responsibility for your use of the Site. This Site is not intended for use by children under the age of 13.
Intellectual Property
This Site contains intellectual property owned by ECH, including copyrights, trademarks, and proprietary information. ECH reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the content on the Site, in whole or in part, without the prior, express written agreement of ECH.
Additions to Site Content
Any new products, services or features added to the Site will also be subject to these Terms of Use. The most current version of these Terms of Use will be available on this page. ECH reserves the right to update, change or replace any part of these Terms of Use. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes.
Lawful Purposes Only
You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Use.
Description of Site Offerings
ECH endeavors to describe and display Site content, including all products and services shown on the Site, as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time ECH may correct errors in pricing and descriptions. ECH reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.
Blog Comments
ECH reserves the right to remove any commentary that does not meet the standard of respectful inquiry/debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to the Site, by posting material on the Site, you grant ECH a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Site and related publications.
Third-Party Links
The Site may contain links to third party websites and resources. You acknowledge and agree that ECH is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
No Warranties
ECH does not guarantee, represent or warrant that your use of the Site, or the products or services offered therein, will be uninterrupted, timely, secure or error-free. ECH does not warrant that the results that may be obtained from your use of the Site, or the products or services offered therein, will be accurate or reliable.
You agree that from time to time ECH may remove all or some of the products and services offered on the Site for indefinite periods of time.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
No Consequential Damages
To the full extent permitted by law you agree that under no circumstances shall ECH be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Site or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Site or its products. In no event shall ECH’s cumulative liability to you exceed the total purchase price of the products and services you have purchased from ECH.
Indemnification
You agree to defend and indemnify ECH against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Terms of Use or any use by you of the Site or its products or services. You shall not settle any third party claim or waive any defense without ECH’s prior written consent.
Changes to Terms and Conditions
ECH may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this site. Any use of the Site by you after being notified means you accept these amendments.
Governing Law and Dispute Resolution
You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms of Use. You expressly agree that exclusive jurisdiction for any claim or dispute with ECH, resides in the courts of the State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California. The exclusive venue for any such claim or action shall be, as appropriate, either the federal court or the state court located in Alameda County, California.
As a condition precedent to your filing any claim or action against ECH, you agree to participate in good faith in a mediation, to be conducted at a mutually agreeable location in San Francisco, California, each party to bear its own costs. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.
Severability
If any term, provision, or condition of these Terms of Use is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the Terms of Use shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Effect of Headings
The subject headings of the paragraphs of these Terms of Use are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement/Waiver
These Terms of Use and related Privacy Policy constitute the entire agreement between you and ECH pertaining to your use of the Site and any products offered therein. This agreement supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by ECH shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by ECH.
Date of Last Update
June 6, 2022