Terms of Use

Effective Date: 1 July 2022

User Agreement

These terms of use (“Terms”) explain the lawful purposes for which you may use the Ethos Collective LLC websites, which, collectively, make up our “Platform.” The Platform is owned and operated by Ethos Collective LLC, a Colorado limited liability company or “Ethos Collective”.

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:

use the Platform or any of its content for any purpose that is illegal or unlawful;
violate any applicable laws or regulations in force or anyone’s right to privacy or personality;
defame, abuse, harass, threaten, or violate the legal rights of this Platform’s users;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
engage in any activity that interferes with or disrupts access to the Platform;
upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the Platform;
attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform by illegal or unlawful means; or
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

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.

If the Platform contains links to third-party sites or resources, these links are provided for your convenience only. Ethos Collective has no control over the contents of linked sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policy for such websites.

Disclaimer of Warranties & Liability

You expressly understand and agree to the following.

The Platform and its content are provided by Ethos Collective on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Ethos Collective makes no warranty that (i) the Platform can or will meet your requirements, or your use of the Platform will be uninterrupted, timely, secure or error-free. No advice or information, whether oral or written, obtained by you from Ethos Collective shall create any warranty not expressly stated in the Terms.
Ethos Collective will have no liability related to any user’s or third-party’s content arising under intellectual property rights, libel, privacy, publicity, obscenity, or other applicable laws. Ethos Collective also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user’s or third-party’s content.
Ethos Collective will not be liable for any loss that you may incur due to the unauthorized use of your Account or Account information in connection with the Platform either with or without your knowledge, to the full extent that applicable law allows.
Ethos Collective will not be responsible for the delay or inability to use the Platform or its content.
Ethos Collective is under no obligation to oversee, monitor, or moderate any interactive feature (audio and video) provided through the Platform, and Ethos Collective expressly excludes any liability for any loss or damage arising from the use of the Platform.

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.

Governing Law

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.

Grievances Policy

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.

Electronic Communications

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.

General Provisions

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:

the intellectual property that you believe is being infringed;
the item that you think is infringing and include sufficient information about where the material is located on the Platform;
a statement that you believe in good faith that the item you have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
your contact details, such as your address, telephone number, and/or email;
a statement that the information you provided in your notice is accurate, and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
your physical or electronic signature.

Contact Information

Please email us at sales@ethosgenetics.com 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:

ETHOS COLLECTIVE
PO BOX 1269
WHEATRIDGE CO 80033

Refund & Return Policy

Any issues with your order?

If your order becomes lost in transit, we will ship your order again. For free!

If the item you ordered is not to your satisfaction, please contact our support team to discuss a possible resolution. Not every situation will warrant a replacement. Please, make sure you are placing your order correctly. Items ordered are made to order and dropped shipped. Refunds are not available.

We maintain the following re-shipping conditions: Most (domestic packages) typically arrive in approx. 2 weeks. Delayed shipments usually arrive in the following 2 weeks. Contact us if your order hasn't arrived in 21 days. If you do not contact us, we will mark your order as received after 40 days. Your address is printed exactly as you enter it. If an incorrect entry leads to a lost shipment we don't reship for free. If we re-ship, we ship the exact same items you originally ordered.

What if I use a forwarding address?

We only guarantee the arrival of your products to the address that you submit with your order. We have no control over mail forwarders, so we do not offer re-shipments or refunds if an order is lost through such a service.

Privacy Policy

Protecting your private information is our priority. This Statement of Privacy applies to www.ethosgenetics.com, and ETHOS COLLECTIVE. and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to ETHOS COLLECTIVE include www.ethosgenetics.com, Ethos Collective, Ethos Genetics, and Ethos Import & Design. The ETHOS COLLECTIVE website is an ecommerce site. By using the ETHOS COLLECTIVE website, you consent to the data practices described in this statement.

Collection of your Personal Information

In order to better provide you with products and services offered, ETHOS COLLECTIVE may collect personally identifiable information, such as your: First and Last Name, Mailing Address, E-mail Address, Phone Number

If you purchase ETHOS COLLECTIVE's products and/or services, we collect billing and credit card information. This information is used to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

ETHOS COLLECTIVE collects and uses your personal information to operate and deliver the services you have requested.

ETHOS COLLECTIVE may also use your personally identifiable information to inform you of other products or services available from ETHOS COLLECTIVE and its affiliates.

Sharing Information with Third Parties

ETHOS COLLECTIVE does not sell, rent or lease its customer lists to third parties.

ETHOS COLLECTIVE may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to ETHOS COLLECTIVE, and they are required to maintain the confidentiality of your information.

ETHOS COLLECTIVE may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on ETHOS COLLECTIVE or the site; (b) protect and defend the rights or property of ETHOS COLLECTIVE; and/or (c) act under exigent circumstances to protect the personal safety of users of ETHOS COLLECTIVE, or the public.

Tracking User Behavior

ETHOS COLLECTIVE may keep track of the websites and pages our users visit within ETHOS COLLECTIVE, in order to determine what ETHOS COLLECTIVE services are the most popular. This data is used to deliver customized content and advertising within ETHOS COLLECTIVE to customers whose behavior indicates that they are interested in a particular subject area.

Automatically Collected Information

Information about your computer hardware and software may be automatically collected by ETHOS COLLECTIVE. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the ETHOS COLLECTIVE website.

Use of Cookies

The ETHOS COLLECTIVE website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize ETHOS COLLECTIVE pages, or register with ETHOS COLLECTIVE site or services, a cookie helps ETHOS COLLECTIVE to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same ETHOS COLLECTIVE website, the information you previously provided can be retrieved, so you can easily use the ETHOS COLLECTIVE features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the ETHOS COLLECTIVE services or websites you visit.

Security of your Personal Information

ETHOS COLLECTIVE secures your personal information from unauthorized access, use, or disclosure. ETHOS COLLECTIVE uses the following methods for this purpose:

SSL Protocol

When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.

Right to Deletion

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:

• Delete your personal information from our records; and

• Direct any service providers to delete your personal information from their records. Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;

• Debug to identify and repair errors that impair existing intended functionality;

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; • Comply with the Electronic Communications Privacy Act;

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;

• Comply with an existing legal obligation; or

• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Children Under Thirteen

ETHOS COLLECTIVE does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

E-mail Communications

From time to time, ETHOS COLLECTIVE may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from ETHOS COLLECTIVE, you may opt out of such communications by clicking the link below:

Unsubscribe

External Data Storage Sites

We may store your data on servers provided by third party hosting vendors with whom we have contracted.

Changes to this Statement

ETHOS COLLECTIVE reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.