The following terms and conditions in connection with the terms of purchase (“Terms of Purchase”) apply to orders that you place for the purchase of products and services from Ethos Group (“Ethos Group,” “we,” “us,” and “our”). As used in these Terms of Purchase, the terms “you” and “your” refer to any party that purchases products or services from Ethos Group.
Your receipt of an order confirmation does not constitute the acceptance of your order. Ethos Group may refuse or cancel an order for any reason, including but not limited to inaccuracies or errors in order, product, or pricing information. Further, Ethos Group:
2. Shipping and Delivery.
You are solely responsible for any applicable state, local, or similar taxes (except for taxes based on Ethos Group’ income or profits) that result from your purchase of products and services from Ethos Group. We may automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Texas and any other states or localities that it deems are required.
4. Disclaimer of Warranties.
Ethos Group warrants that the products and services are as described in the accepted order. You understand that all sketches, copies, dummies, and preparatory work shown to you are intended only to illustrate the general type and quality of the product. They are not intended to represent the actual work performed or products or services to be provided. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF PURCHASE AND TO THE EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES ARE 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.
5. 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 THE PRODUCTS AND SERVICES IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $ 100.00 OR (II) THE AMOUNT INVOICED FOR THE PRODUCT OR SERVICE IN DISPUTE.
You agree to indemnify, defend, and hold Ethos Group and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to: (a) your violation of these Terms of Purchase, (b) your purchase or use of the products and services, (c) a claim that any content, materials, or information that you designate for inclusion in a product
violates IP Rights, and (d) any dealings between you and any third parties relating to your purchase or use of the products and services. These all will apply regardless of responsibility for negligence.
7. Representations and Warranties.
8. Returns and Refunds.
By Email: EGautosupplies@ethosgroup.com
By Phone: 866-834-5563
By Mail: 5215 N. O’Connor Boulevard, Irving, Texas 75039
10. Choice of Law; Dispute Resolution.
All matters relating to your purchases made herein, are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles. You agree that any action at law or in equity arising out of or relating to these Terms of Purchase will be resolved, individually, through binding arbitration in Dallas, Texas using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only and you are hereby consenting to do it in Dallas, Texas, using Texas’ laws (without regard to Texas’ rules on conflict of laws). To the maximum extent permitted by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party’s rights or property pending the completion of arbitration. By your purchasing of products herein, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.
All matters relating to these Terms of Purchase are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles. If any portion of these Terms of Purchase is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms of Purchase will be given full effect. Ethos Group’s failure to act in a particular circumstance, including any failure by Ethos Group to enforce or exercise any provision of these Terms of Purchase, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Ethos Group will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Purchase. Ethos Group may assign its rights and obligations under these Terms of Purchase to an entity that acquires all or substantially all of the assets of Ethos Group or to any subsidiary or successor in a merger or acquisition involving Ethos Group. These Terms of Purchase have no third-party beneficiaries and are not intended to confer any rights or benefits on any third party, including any of your employees or customers. If an express conflict exists between these Terms of
Purchase and the terms of a separate agreement between you and Ethos Group for products or services, the terms of that separate agreement will control.
12. Changes to Terms of Purchase.
We may modify these Terms of Purchase without prior notice. You are responsible for reviewing these Terms of Purchase periodically for changes.
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.
These Terms of Purchase were last updated on November 29, 2016.