RESELLER TERMS AND CONDITIONS

Last revision:January 7, 2015.

The ECGO website is operated by EGCO Holdings Limited or its affiliates. These Terms of Service apply to ECGO and not to the content of third parties.

Acceptance of terms of use

These Terms and other applicable conditions and notices contained herein govern your use of the ECGO service and website. Your use of a particular ECGO website included within the ECGO area may also be subject to additional terms outlined elsewhere on those sites. By using, visiting, or browsing the ECGO website(s), you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the ECGO service or website. Please note, return shipments sent to the address above will be refused. Please contact our customer support team for instructions before returning products.

These Terms of Use are an ongoing contract between you and ECGO and apply to your use of the ECGO service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to terms of use

ECGO reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the links that direct you to the Terms on the ECGO website. The most current version of the Terms will supersede all previous versions. Your use of the ECGO website or continued use of our service after changes are made means that you agree to be bound by such changes.

Fees and cancellations

You agree to our additional Fees and Cancellations policy.

Membership & privacy policy agreement

You agree to our Membership & Privacy Policy Agreement. Any information submitted on the ECGO website is subject to our Membership & Privacy Policy Agreement. Please review this policy to understand our practices.

Prices

We reserve the right to change prices at any time. Due to possible information misrepresentations, we may correct typographical and printing errors related to prices at any time. Members should be aware that product prices can and do fluctuate as a result of a supplier changing their wholesale pricing. ECGO has no control over any supplier's pricing, shipping and handling charge policies and therefore cannot guarantee any item will remain any particular price for any period of time.

Membership and billing

You can find the specific details regarding your purchase and billing with ECGO at anytime by clicking on the "Billing Information" link within the "Settings" section located at the top of the pages of the ECGO website; you must be "logged in" to view this section.

Cancellation

You may cancel your subscription to ECGO by email to [ ]. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH or YEAR SUBSCRIPTION PERIODS. We reserve the right to terminate your account for any or no reason.

Electronic communications

By using the ECGO service, you consent to receiving electronic, phone, and mail communications from ECGO. These communications will include notices about your account (e.g., shipping and receiving e-mails) and information concerning or related to our service. These communications are part of your relationship with ECGO and you are entitled to receive them as part of the ECGO subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Service testing

From time to time, we test various aspects of our service, and we reserve the right to include you in these tests without notice.

Use of information submitted

ECGO is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to ECGO, including, without limitation, responses to questionnaires or through postings to the ECGO website without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ECGO website or other websites. Furthermore, by posting any information on our site, submitting suggestions, or in responding to questionnaires, you grant us a nonexclusive, royalty-free license to display, use, reproduce or modify that information.

Intellectual property

Trademarks

ECGO is a registered trademark of [ ], and other marks indicated on our site are trademarks of [ ]. All ECGO graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of [ ]. ECGO's trademarks and trade dress may not be used in connection with any product or service that is not ECGO's, in any manner that is likely to cause confusion among customers, in any manner that dilutes ECGO's rights, or in any manner that disparages or discredits ECGO. All other trademarks not owned by ECGO that appear on the ECGO website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ECGO. Any images of persons or personalities contained on the ECGO website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.

Account access & identity protection.

In order to provide you with ease of access to your account, ECGO will place a cookie (a small text file) on any computer from which you access the ECGO website. When you revisit the ECGO website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities. Users of public or shared computers should log out at the completion of each visit to the ECGO website.

If you find that you're a victim of identity theft and it involves a ECGO account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. ECGO reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. ECGO is not obligated to credit or discount a membership for holds placed on the account by either a representative of ECGO or by the automated processes of ECGO.

Payment obligations

The Member understands that a valid form of payment must accompany all orders.

Warranty

All warranties for products purchased through ECGO are the responsibility of the respective manufacturers and their agents. All issues, claims and questions concerning product warranties should be submitted directly to the manufacturers. In the event that the product is a health related device or nutritional supplement, all information contained on the website, including information relating to medical and health conditions, products and treatments, is for informational purposes only. The information on the ECGO website, or information provided by the manufacturers of the products, or information on product packaging or labels is not meant to be a substitute for the advice of a physician or other medical professional and should not be used for prescribing a medication or diagnosing a health problem. Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

Copyrights

ECGO and its supplier and distribution partners reserve ownership and copyright to all materials published by ECGO. Reproductions and alterations of individual product images and descriptions may be used for marketing & reselling purposes. You must receive written consent from ECGO for any other use or any modification of product images and other copyrighted materials. ECGO allows its members to resell the products we have from our suppliers.

Purpose and Use of the ECGO website

ECGO provides the Marketplace solely as a location for resellers (you) to locate and purchase new and used products from ECGO's suppliers that are independent of ECGO. When you make a purchase from ECGO, you are purchasing the product from ECGO's suppliers and not from ECGO. You agree that ECGO is not an agent for you or for the suppliers and has no authority to act on your or on a supplier's behalf. ECGO has no responsibility to ensure that a supplier completes a transaction with you.

Products

ECGO diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, ECGO makes no warranty expressed or implied with respect to accuracy of the information, including price, descriptions, specifications, and/or quantities. Both the product and manufacturer names are used only for the purpose of identification. Members are responsible for making sure the product information is correct prior to selling any products from this site with the product's respective Manufacturers.

Data Export

ECGO diligently strives to provide as accurate information as possible. However, as all specifications and descriptions are provided by the supplier of the product, ECGO makes no warranty expressed or implied with respect to accuracy of the information, including price, product descriptions or product specifications. In addition, due to size, volume of requests and resource constraints; Data Exports, at times, may be delayed or contain data older then what is displayed on the website.

Reselling

Manufacturer may require strict adherence and how their intellectual property is advertised. As such, some products may only be advertised at a Minimum Advertised Price (referred to herein as MAP). For all products under a MAP agreement, we will provide two prices: the wholesale cost and MAP. As a reseller, you agree to never advertise any products protected by a MAP agreement to end consumers for less than the MAP price. Products with a MAP will be clearly marked with an asterisk. Under no circumstances shall ECGO or any other party involved in creating, distributing, or supplying products for ECGO be liable for any direct, indirect, incidental, special, or consequential damages that result from, products purchased from ECGO. It is the reseller's responsibility to verify with the manufacturer, any product information, images and descriptions prior to marketing any and all products. Product images are subject to change at anytime and are not to be construed as exact representations of any products ordered since the manufacturers can change their products at any time without any notice.

Members are not allowed to repackage, reproduce, or otherwise resell ECGO memberships, technology, and/or data without express written consent from ECGO. Also, bulk downloading or "screenscraping" of data from the ECGO website or subsidiary websites is prohibited without prior express written permission. Violation will result in the account being canceled and depending on the severity of the violation, we reserve the right to press criminal charges and/or seek civil compensation for damages, expenses, and revenues lost.

Contacting ECGO Suppliers

ECGO provides access to information about suppliers including but not limited to, trade name, brand(s), and product specifications, pricing and availability. ECGO's agreement with the supplier may restrict ECGO members from contacting the supplier directly. At ECGO's sole discretion, your account may be canceled, without refund, if the member attempts to contact and establish a direct relationship with ECGO's suppliers. ECGO will make every attempt, within reason, to accommodate a member request for additional products, pricing, or services for a supplier on behalf of the member.

Shipping and handling

ECGO and its distributors/suppliers reserve the right to restrict shipments to within the Continental U.S. All orders must be placed with a residential ship-to address. Orders with P.O. Box, APO, or FPO shipping addresses will not be processed. Any orders with shipping addresses outside the Continental U.S. will not be processed. Individual suppliers may have additional shipping restrictions. However, in no way does the absence of a specific shipping policy by a supplier imply that the supplier offers any of the above mentioned services.

Shipping and handling charges

You are responsible to pay the shipping and handling charges for all products purchased from ECGO. You are responsible for these charges for shipments that are refused or returned for any reason. We are not responsible for incidental or consequential damages or losses to defective products, errors in shipping your order, or other errors. The limit of our liability is the replacement cost of any item you purchase from us. ANY ODD SIZED OR EXCESSIVE WEIGHTED ITEMS MAY REQUIRE A CUSTOM SHIPPING COST CALCULATION FROM ECGO. ON THESE OCCASIONS, THE ORDERS WILL NOT SHIP UNTIL YOU HAVE APPROVED THE CUSTOM SHIPPING COST. Depending on information provided by the supplier, ECGO may publish the shipping weights of items. The publication, or absence of, shipping weights can not be used to determine ship cost and/or your financial obligation. The 'Ship Cost' provided on every product page and in the shopping cart should solely be used for determining the ship cost.

Order placement

ECGO is not responsible for loss, or damages as a result of misplaced, mis-ordered or other typographical errors that occur during order placement. The members has sole responsibility for verifying the accuracy of the order, including actual item, pricing, shipping, and/or handling, prior to order submission. Order placement means (single, batch or API) does not change member responsibility and subsequent financial responsibility.

Once an order is placed, it cannot be changed in any way. However, under certain circumstances, orders can be canceled and/or modified. If the Member contacts ECGO's customer service department using the online form as soon as possible with a change request, it may be occasionally possible to amend the order. ECGO is not responsible for any loss, or damages that are a result of a change request occurring after the order has been placed.

Order returns

Each one of ECGO's suppliers has a different return policy. Members are responsible for becoming familiar with and abiding by the policies and procedures of each supplier for returning products ordered. Failure to do so may result in a rejected return. Individual supplier policies can be viewed by clicking the individual "Supplier Info" links located on the "Products" tab of the ECGO site.

Fraud Protection

As a pioneering leader in the drop shipping industry, ECGO is proud to be the first and only company to offer fraud protection (members only) for drop shipping. As a ECGO member, you automatically receive this service at no additional cost.

Taxes

As a client of ECGO, you understand that you are absolutely independent entity from ECGO. You are responsible to pay taxes to state, federal or local authorities in accordance with any and all applicable laws. This tax responsibility includes collecting and remitting all appropriate sales taxes to state and local authorities.

Relationship between ECGO and the reseller (you)

Resellers are independent contractors of ECGO and are not considered employees of ECGO. Resellers are prohibited from making any unauthorized claims by the manufacturer, or claims that are illegal in any state. Resellers do not have the right to bind ECGO in any contract related to the business of the reseller. Reseller affirms that reseller is of legal adult age in the state in which reseller resides.

Age

The visitor/member, by signing the Sign up Form, hereby represents that they are of the legal age of the state in which they reside.

Products sales & venue disclaimer

Although all the suppliers ECGO works with are authorized distributors of the products they sell, and ECGO is authorized to act as a venue to supply said products, this does indicate that all items are suitable for resale under any particular circumstance or venue. ECGO acts only as a venue to provide access to wholesale product distributors.

It is the member's responsibility to ascertain any particular product's suitability for sale in any given venue that the customer chooses to sell through, whether this is through a "brick & mortar" store, an online store, online auctions, or any other venue. Members are responsible to discover and comply with any specific manufacturer policies or MAP (minimum advertised price) restrictions.

It is also the member's responsibility as a businessperson to ascertain the legal implications of selling items that may be prohibited, by law or otherwise, in certain regions or venues.

For anyone who plans to sell items through online auctions, it is recommended that you review the terms and conditions of the online auction, as well as check to be sure any product you hope to sell is not prohibited by the online auction. eBay sellers can review eBay's list of prohibited and otherwise restricted items at the following pages:

http://pages.ebay.com/help/policies/items-ov.html

http://pages.ebay.com/help/confidence/programs-vero-ov.html

Please note, some items which are prohibited are not necessarily against the law to sell, but are simply items that eBay has decided to prohibit based on their own decision. ECGO has no control over what is and isn't legal in any venue or region and is not responsible for the sale of any product through our services.

Legal recourse

You and ECGO agree that the laws of the Hong Kong Special Administrative Region shall have exclusive jurisdiction over any dispute or claims, policies, and procedures between you and ECGO relating in any way to the ECGO service or website or these Terms. You and ECGO expressly and irrevocably consent to personal jurisdiction and venue in these courts. The non-prevailing party shall pay all attorney's fees and court costs.

Limitations on use

You must be 18 years of age or older to subscribe to the ECGO service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. Unless otherwise specified we grant you a limited license to access the ECGO website. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the ECGO website without our express written consent. Any unauthorized use of the ECGO website or its contents will terminate the limited license granted by us.

Confidentiality

Reseller understands that all information provided by ECGO is confidential and proprietary to ECGO and must be used by reseller according to the terms of this agreement. Reseller agrees to not provide any confidential or proprietary information received from ECGO to any business entity that may compete with ECGO. Any violation of confidentiality is grounds for immediate termination.

Amendments

ECGO reserves the right to make amendments to this agreement at any time. Amendments may be the result of changes in economic, legal, or other factors that affect the business of ECGO.

Product export

Due to the nature of the product export no refunds will be granted for this service.

Payment

It is the Member's responsibility to obtain payment or assurance of payment from their individual customers before ordering with ECGO. ECGO strongly recommends obtaining proper address verification systems (AVS) for credit card purchases and making sure all checks are deposited and cleared before placing the order with ECGO. Orders placed with ECGO are very difficult to cancel, and are subject to any restocking fees. All payment shall be made via credit card payment or U.S. Verified Pay Pal payment for product orders. ECGO reserves the right to restrict payment for orders over $2,000 dollars or any other order deemed to have high fraud risk. All membership payment shall be made via credit cards only. ECGO will accept no other payment form than those here listed

Severability

If one or more of the provisions of the policies and procedures in this user agreement are deemed void by law in a court of competent jurisdiction, the balance of the policies and procedures' remaining provisions, or any provision in the ECGO manual, shall continue in full force and effect.

Website information

While www.ECGO.com (hereafter the "Website") and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms and Conditions, the Member is responsible for reading and understanding all information contained on the Website. ECGO is not responsible for any inconvenience, loss of profit, or other complication that the Member, his or her business, or his or her customers may experience as a result of the Member's failure to read and understand all information on the Website. Furthermore, it is the responsibility of the Member to contact and question ECGO's customer service representatives regarding any portion of the Website that they have read but do not understand. The Member, for example, is responsible for all information contained in the following pages of the website as well as all information that is accessible by following links found on the following pages:

Help Desk (members only)

Product Catalog (members only)

In addition to all information contained on the Website, the Member is accountable for any and all new information added to the Website at any time in the future. Such information is often, but not always, referenced in the ECGO News.

Last updated on January 7, 2015.

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