Effective Date: 1 July 2022
Ethos Collective may modify these terms from time to time. The effective date for these Terms is displayed above. Any changes to the Terms will be published on this Platform.
These Terms incorporate by reference the Platform’s Privacy Notice (“Privacy Notice”). The Terms and the Privacy Notice, combined, constitute a legal agreement between you and Ethos Collective. Please read the current versions of both documents prior to using the Platform. By using the Platform, you accept and agree to comply with the Privacy Notice and the Terms. Ethos Collective may modify these Terms. By using the Platform, you accept and agree to comply with the Privacy Notice and the Terms.
Do not use the Platform if you do not fully accept or agree to full comply with the Privacy Notice and the Terms.
By using the Platform, you confirm that you read, understood, accept the entirety of without modification, and agree to fully comply with the Terms. If you do not or cannot agree to the Terms, you do not have permission to use the Platform, and you must stop using it.
Platform Use Eligibility
This Platform may only be used by individuals who are 18 years of age or older.
You represent that you are a person of legal age to form a binding contract, in accordance with the applicable laws of the territory or country from where you are accessing the Platform.
Ethos Collective makes no representation about your eligibility to use the Platform or that your use of the Platform is in accordance with applicable law.
Optional Account Enrollment, Account, Password and Security
In order to access some parts of the Platform, you may have to register on the Platform by providing details such as your complete name, e-mail address, contact number and other details to create an account (“Account”).
You agree to ensure that the Account information and all information you provide is complete, and accurate. You agree not to impersonate any individual or entity. If there is any change in the Account information or if any information is found to be incomplete, inaccurate or incorrect, you agree to promptly update your Account information on the Platform. If you provided any information that is untrue, inaccurate, or incomplete, or if Ethos Collective has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Ethos Collective may suspend or terminate your Account at its discretion.
You agree that you are responsible for maintaining the confidentiality of your Account information and responsible for all activities that occur under your Account. You agree to ensure that you exit from your Account at the end of each session. You agree to promptly notify Ethos Collective of any evidence you discover that indicates someone accessed your Account without your permission.
Authorized Platform Use
Subject to compliance with the Terms, Ethos Collective hereby grants you a non-exclusive, limited privilege to access or use the Platform.
You agree to use the Platform only for purposes expressly permitted by the Terms and purposes that comply with applicable laws or regulations.
You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Ethos Collective.
You agree that you are solely responsible for your actions and activities while using the Platform.
You agree that you will not intentionally engage in conduct that is clearly illegal.
You agree to indemnify Ethos Collective in relation to any losses or damages that were proved and can be proved to have been caused by your actions or activities that violated these Terms.
You agree that by using the Platform, you may expose yourself to content others may publish that you might consider offensive, indecent, or objectionable.
You agree that Ethos Collective, to the extent applicable laws allow, may not be held liable for the publication of any content that you consider offensive, indecent, or objectionable.
You agree not to engage in conduct that you believe will:
Intellectual Property Rights
The Platform’s content, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code used by the Platform is owned or controlled by Ethos Collective. The design, structure, selection, coordination, expression, look, feel, or arrangement of the content is protected by intellectual property laws or rights.
The trademarks, logos and service marks displayed on the Platform are the property of Ethos Collective or other respective third parties.
Except as expressly provided herein, you acknowledge and agree that you will not copy, republish, post, display, translate, transmit, reproduce or distribute any of the content that may be found on the Platform without obtaining Ethos Collective’s permission beforehand.
User and Third-Party Content
The Platform may allow its users to display, provide, or feature their content on the Platform, subject to compliance with applicable laws and these Terms.
You agree that you are solely responsible for content that you display or upload to the Platform and for complying with all applicable laws, including, but not limited to, laws requiring you to obtain consent or permission of any third party to use any content or portion thereof.
You hereby grant the Ethos Collective the right to use, record, reproduce, distribute, adapt, publish, display (including recording thereof), any content that you submitted, displayed, posted, or communicated on the Platform, to the full extent that the applicable laws allow.
If you do not wish to provide this right to Ethos Collective, you agree that you will refrain from using the Platform.
The Platform may also link to or republish data and information that third parties published.
Ethos Collective does not provide any guarantee with respect to the truthfulness, credibility, accuracy, completeness, or genuineness of any content that you, its other users, or third parties published.
You agree that Ethos Collective shall not be held liable for any losses or damages that you suffered due to your reliance on or use of any content published or republished on the Platform to the full extent that the law allows.
Disclaimer of Warranties & Liability
You expressly understand and agree to the following.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Ethos Collective, its agents, and its affiliates from and against any and all losses, liabilities, claims, damages, demands, costs and expenses that arise out of, or result from, your use of the Platform.
You agree that Ethos Collective, its agents, and its affiliates will not be liable to you or any third party
for any special, incidental, indirect, consequential or punitive damages arising out of or in connection with
your use of or access to the Platform.
You agree that, to the fullest extent provided by applicable law, in no event will the collective liability of Ethos Collective, its agents, or its affiliates exceed the amount you have paid to Ethos Collective during the last twelve months.
The limitations and exclusions in this Clause apply to the maximum extent permitted by applicable laws.
Violation of the Terms
You agree that Ethos Collective may, without notice, block your future access to the Platform or certain features thereof, or suspend or terminate your Account without prior notice, if it believes, in its sole and absolute discretion, that you have infringed, breached, violated, abused, or unethically manipulated or exploited these Terms (or have acted in a manner that clearly shows that you do not intend to, or are unable to, comply with the same) or otherwise acted unethically.
You agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ethos Collective, for which monetary damages would be inadequate, and you consent to Ethos Collective obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Ethos Collective may have at law or in equity. If Ethos Collective takes any legal action against you as a result of your violation of these Terms, you agree that it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
These Terms and all transactions entered into on or through the Platform and the relationship between you and Ethos Collective shall be governed in accordance with the laws of the State of Colorado, United States of America, without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation to the Platform, the Terms or any transactions entered into, on, or through the Platform or the relationship between you and Ethos Collective shall be subject to the exclusive jurisdiction of the courts in the State of Colorado, United States of America and you hereby accede to and accept the jurisdiction of such courts.
In the event you have any grievances, or come across any violation of these Terms, or become aware of any objectionable content on the Platform, please report the same to the email or mailing address provided at the end of this document.
You agree that unless an applicable law provides for a shorter period of limitation, any cause of action or claim you may have arising out of or relating to these Terms must be commenced within one year from the date on which the cause of action arose; otherwise such cause of action or claim shall be permanently barred to the extent that the applicable law allows.
If you are not in the United Kingdom or the European Economic Area, you hereby expressly agree to receive communications by way of text messages, push notifications, or e-mails from Ethos Collective relating to products or services you requested through the Platform.
You agree that you cannot or will not assign or otherwise transfer the Terms, or any rights granted hereunder to any third party.
Ethos Collective’s rights under the Terms are freely transferable by Ethos Collective to any third party, without the requirement of seeking your consent.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Any failure by Ethos Collective to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by Ethos Collective of that provision or right.
Alleged Intellectual Property Infringement
If you believe the Platform or one of its users violated or is violating your intellectual property rights, you must promptly notify Ethos Collective in writing at the email or mailing address provided at the end of this document. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on their behalf. You agree that any false claim by you or your representative may result in the termination of your access to the Platform.
You are required to provide the following details in your notice:
Please email us at [email protected] with your questions. Do not email us confidential, sensitive or personal information. If you are unable to reach us using email, you may send us a letter to the following address:
PO BOX 1269
WHEATRIDGE CO 80033