You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You agree that you do not have any rights in this Site and Ethos Global will have no liability to you if this Site is discontinued or your ability to access the Site is terminated
The Site
By consenting to the Terms of Use, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate, current and complete information to Ethos Global; (iii) You agree that you are at least eighteen (18) years of age and you have a valid credit or debit card account; (iv) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (v) you will not use the Site in any manner that adversely affects the availability of its resources to, or enjoyment by, other users or in any manner that could damage, disable, overburden, or impair Ethos Global’s or its service providers’ servers or networks; (vi) you will not use the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful or otherwise prohibited by the Terms of Use; (vii) you will not use the Site for any commercial purpose not expressly approved by Ethos Global in writing; (viii) Your access to the Site may be terminated immediately in Ethos Global’s sole discretion, with or without notice, if you fail to comply with any provisions of this Terms of Use and/or additional terms, or for any other reason, or no reason.
Accounts, Security and Passwords
You agree that Ethos may collect and use technical and usage data and related information, including, but not limited to, technical information about your device, date and time of Site access, system and Site software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other Sites to you (if any) related to the Site.
Right to Use Site Content
We are granting you a limited, non-exclusive, revocable right and license for you to view, share, print or download any Content, as defined below, from the Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare or create derivative works or other non-personal use any Content on the Site. You may not access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site. You are also granted a limited, revocable, non-sublicensable, non-transferable, and non-exclusive right and license to create a hyperlink to the Site or any Content therein so long as the link does not portray Ethos Global in a false, misleading, derogatory, or otherwise offensive manner or imply a sponsorship or endorsement of your site, page or content by Ethos Global.
ETHOS GLOBAL RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.
Changes to the Site and Terms of Use
Ethos Global reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including, without limitation, these Terms of Use, or discontinue the Program at any time without notice to you. Ethos Global may at any time revise these Terms of Use by updating this posting, or by providing further information during the registration or by messaging you. You are responsible for regularly reviewing the Terms of Use. Any changes or revisions are effective immediately upon posting. Continued use of the Program or accessing the Site following any such changes constitutes your acceptance of such changes.
Communications
You acknowledge and agree that Ethos Global may send you information and communications. Such communications may be sent to your registered email address or to any other contact details you have provided to Ethos Global.
Third Party Content and Links to Other Web Sites
The Site may contain third party content and links to other web sites that are completely independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Ethos Global. Moreover, Ethos Global is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked website and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Site. Any personal information you submit on the resulting site will not be collected or controlled by Ethos Global but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.
Ethos Global is not responsible for examining or evaluating, and we do not warrant the offerings of any third-party content.
Indemnification
You agree to indemnify, defend and hold Ethos Global, and their respective officers, directors, employees and affiliates harmless from and against any and all liabilities, losses, claims, costs, damages and investigations, judgments, fines, penalties, settlements, interest and expenses, including, without limitation, reasonable attorneys’ fees and expenses, related to or arising from: (i) your breach or alleged breach of these Terms of Use; (ii) any claims, costs, injuries, losses and damages related to any unauthorized use of the Content; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or you activities in connection with the Site; (iv) your use, and misuse of the Site and your activities in connection with the Site; (v) your violation or infringement of copyright or other intellectual property or other rights of third parties contained in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions; (vi) any misrepresentation made by you; and (vii) Ethos Global’s use of the information that you submit to us. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN ETHOS GLOBAL’S DEFENSE OF ANY CLAIM. ETHOS GLOBAL RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF ETHOS GLOBAL.
Disclaimer of Warranties
While Ethos Global will use reasonable efforts to ensure that all material on this Site is correct; however, completeness, accuracy, timeliness, or adequacy cannot be guaranteed and Ethos Global does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site. Reference to any product, charity organization or process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by EthosGlobal.
The Internet may be subject to breaches of security. Ethos Global is not responsible for any resulting damage to any user’s device or computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing Ethos Global any information. Ethos Global makes no representation or warranty whatsoever regarding the suitability, functionality, performance, availability or operation of the Site. The Site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
THE SITE, AND ALL CONTENT CONTAINED THEREIN, AND SERVICES PROVIDED BY, ON OR THROUGH THE SITE, ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OR CONDITION OF SATISFACTORY QUALITY, MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR GENERAL USE OR FOR A PARTICULAR PURPOSE. NO INFORMATION OR SERVICE OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, ETHOS GLOBAL DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE. THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT OR SERVICE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS ETHOS GLOBAL’S LIABILITY FOR ANY MATTER FOR WHICH IT WOULD BE ILLEGAL FOR ETHOS GLOBAL TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ETHOS GLOBAL, ITS BUSINESS PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL DAMAGES WHATSOEVER, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF ETHOS GLOBAL OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL ETHOS GLOBAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR USD $10 (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ETHOS GLOBAL’S LIABILITY: (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR ETHOS GLOBAL TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
Any tax liability resulting from your donation shall be your sole responsibility, and not our responsibility or the responsibility of the Site, Ethos Global or the financial institution that issued your debit or credit card. You acknowledge and agree that it is your sole responsibility to determine the taxation consequences, if any, of making a donation, and if you require a tax receipt or tax certificate in connection with a donation made through the Site it is your sole responsibility to request this from the relevant charitable organization to which you are donating. Ethos Global will not provide you with a separate tax receipt as part of the donation process.
Dispute Resolution
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Ethos Global agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
