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TERMS OF USE

The terms and conditions relating to the use of this site (the "Terms") are set forth below. By using this site you are agreeing to the Terms.

Product Descriptions and Color

We attempt to be as accurate as possible in describing our products on this site. However, we do not warrant that product descriptions or other information on this site is error-free. We also have attempted to display as accurately as possible the colors of our products on this site. To a certain extent, the product colors you see when you use this site will depend on your computer monitor or display, so please keep in mind that the actual product colors may differ from those you see on your monitor or display.

Product Orders

All product orders placed on this site are subject to acceptance by ECOS in its sole discretion. ECOS may refuse to accept, or may cancel, any order for any reason or no reason, even if the order was previously confirmed, without liability to you or any other person. If your credit card was charged for an order that is subsequently cancelled, ECOS will issue a credit to your credit card account.

Product Warranties

We stand behind everything we make. If one of our products is defective, please return it to us or to the store where it was purchased for replacement or refund.

Your remedy for a defective product is limited to having the product replaced or having the price you paid for the product refunded to you. Our liability to you for a defective product will in no case exceed the amount you paid for the defective product (thus we will not under any circumstances be liable for special, incidental, indirect or consequential damages).

EXCEPT AS SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOS DISCLAIMS ALL PRODUCT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Risk of Loss

All products purchased from this site will be delivered to you by an independent carrier that is not affiliated with ECOS. Title to products purchased on this site, as well as the risk of loss for such products, passes to you when ECOS delivers the products to the carrier.

Intellectual Property

The materials on this site, including the text and images, and the arrangement of the materials on this site, are the intellectual property of ECOS or its licensors and are protected by law. Except as provided in the next sentence, you may not use or copy the materials or the arrangement of the materials without our written consent. You may make personal use of this site for non-commercial purposes, provided that you do not modify the site, or any part of it, without our written consent.

We have trademark rights in the following marks: ECOS, ECOS Performance, ECOS Performance Wear, and our "technical tree" design. Our trademarks may not be used or copied without our express written permission.

Warranty Disclaimers

THIS SITE IS PROVIDED BY ECOS ON AN "AS IS" BASIS. ECOS MAKES NO REPRESENTATIONS OR WARRANTITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OF THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

IN NO EVENT WILL ECOS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE EVEN IF ECOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third-Party Sites

This site may contain links to web sites operated by third-parties. We provide these links for your convenience. However, we do not have control over these sites and, consequently, any use you make of these sites is at your own risk.

Governing Law, Jurisdiction and Venue

The Terms, your use of this site, and your purchase of products from this site will be governed by the laws of the State of California without regard to principles of conflicts of law. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms, the products sold on this site, or your use of this site, will be only the state or federal courts located in Los Angeles, California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Miscellaneous

The Terms constitute the entire agreement between you and ECOS relating to your use of this site. If any provision of the Terms is determined to be invalid or unenforceable, in whole or in part, the remaining provisions, and any partially unenforceable provision to the extent enforceable, will be binding and enforceable and will be construed as closely as possible to their original meanings. Any delay or failure by ECOS to enforce any provision of the Terms or to respond to any breach of the Terms by you or any other person will not in any way waive or limit the right of ECOS to enforce subsequently any of the Terms.