IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCESS OR USE THIS SITE.
BY CONTINUING TO USE THIS SITE AFTER WE POST CHANGES TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS (AS MODIFIED). YOUR ACCESS AND USE OF THIS SITE IS SUBJECT TO THE MOST CURRENT VERSION OF THESE TERMS.
3. Intellectual Property.
(1) Our Content. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and any other content contained in this Site (individually and collectively, “Content”) are owned, controlled, or licensed by or to Ethos Group. The Content is protected by trade dress laws, copyright laws, patent laws, trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”). You may not download, print, view, copy, republish, distribute, prepare derivative works, or otherwise use the Content other than as expressly permitted. Such rights to download, print, view, copy, republish, distribute, prepare derivate works, and otherwise use the Content are not applicable to the design, layout, or look and feel of this Site. Such elements of this Site are protected by IP Rights and may not be copied, imitated, or retransmitted without Ethos Group’s prior written consent. Your use of the Content, the creation of products or materials using the Content, and the combination of the Content with any Materials (as defined below) do not create joint authorship, joint ownership or “works made for hire” with Ethos Group in, or regarding, such Content.
(2) Your Materials. You may choose to upload, submit, or otherwise transmit to Ethos Group or to this Site various materials (“Materials”) to obtain products or services from us. We have the right but not the obligation to supervise and review such Materials. You agree not to upload, submit, or otherwise transmit Materials that: (i) are unlawful, libelous, scandalous, or improper; (ii) infringe another’s IP Rights; or (iii) contain viruses or other harmful, disruptive, or malicious computer code.
Without Ethos Group’ prior written consent, you may not:
(1) use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs);
(2) frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages;
(3) engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Content or other information;
(4) use any “meta tags” or any other “hidden text” utilizing Ethos Group’ name, trademarks, or service marks;
(5) use Ethos Group’ logo or other proprietary graphic, trademark, or service mark as part of a link; or
(6) use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.
5. Representations and Warranties.
You represent and warrant to Ethos Group that:
(1) information you supply during the registration and ordering process is true, accurate, current, and complete; and
(2) with respect to the Materials and any other information that you upload, submit, or otherwise transmit to Ethos Group or to this Site, you have all the necessary rights, title, and interest therein to grant to Ethos Group a worldwide, royalty-free, non-exclusive right under all IP Rights to use, reproduce, modify, transmit, distribute, perform, and display such Materials and information to the extent necessary to provide you with products and services that you request.
THIS SITE IS PROVIDED “AS-IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETHOS GROUP AND ITS SUPPLIERS AND CO-BRANDED PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ETHOS GROUP DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
8. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETHOS GROUP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS: (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS SITE IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $100.00 OR (II) THE AMOUNT OF FEES THAT YOU PAID TO ETHOS GROUP FOR PRODUCTS OR SERVICES IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
11. Third Parties.
We may use a third-party service provider to manage the sale of and payment for products and services on this Site. We may also provide links on this Site to other independent web sites on the Internet that are owned and operated by third-party vendors or other third parties not under our control. These links are not intended as an endorsement by Ethos Group of the entity or individual operating the web site or a warranty of any type regarding the web site or the information on the web site. By using this Site, you acknowledge that Ethos Group is not liable or responsible for any damage or loss caused, or
alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such web site or resource.
12. Void Where Prohibited.
This Site is controlled, operated, and administered by Ethos Group or its service provider from the United States. Although the Site is accessible worldwide, not all features, products or services offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Ethos Group reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are responsible for complying with applicable local laws.
13. Choice of Law; Dispute Resolution.