Terms of Service

ethosIQ™ Terms of Use

ethosIQ™ is providing this website, including any of its portals and Web pages (collectively this "Site"), subject to the present Terms of Service (the "Terms of Service"). By accessing and using this Site or any part of it, you acknowledge that you and your organization have read and agreed to abide by the Terms of Use. If you and/or your organization do not agree to the Terms of Service, please do not use this Site.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
  

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
 
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
 
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
 
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
 
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
    

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a annual basis.
 
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or ethosIQ LLC cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting ethosIQ LLC customer support team.
 
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide ethosIQ LLC with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize ethosIQ LLC to charge all Subscription fees incurred through your account to any such payment instruments.
 
Should automatic billing fail to occur for any reason, ethosIQ LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
  
    

Fee Changes

ethosIQ LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
 
ethosIQ LLC will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
 
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
  
  
    

Refunds

Except when required by law, paid Subscription fees are non-refundable.​  
  
    

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
 
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
 
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
 
ethosIQ LLC has the right but not the obligation to monitor and edit all Content provided by users.
 
In addition, Content found on or through this Service are the property of ethosIQ LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
  
    

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
 
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
 
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
 
Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ethosIQ LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ethosIQ LLC.
  
  
    

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
 
If you wish to terminate your account, you may simply discontinue using the Service.
 
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  
  
    

Indemnification

You agree to defend, indemnify and hold harmless ethosIQ LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
  
    

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
  
  
    

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
 
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
  
  
    

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
 
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
  
  
  
    

Limited Authorization to Access and Use this Site

General notice: ethosIQ™ authorizes you to download, view, copy and print information and documents published by ethosIQ™ on this Site (the "Information"), solely for private use or for non-commercial use within your organization and for the purpose of supporting ethosIQ™ products and services. In consideration of this authorization, you agree that any download, copy, print and use of the Information that you make shall retain all copyright and other proprietary notices in the same form and manner as in the original. No other use of the Information is authorized unless with prior written authorization from ethosIQ™. For the avoidance of doubt, Information does not include the design or layout of this Site or any part of it, or trademarks and service marks displayed on this Site. ethosIQ™ and the ethosphere™ logo are trademarks and service marks of ethosIQ™. You may not use these or any other trademarks or services marks of ethosIQ™ and ethosphere™ without the prior written authorization of their respective owner(s).

Forums

 
Scope of the forums/Wikis/Blogs: This Site may contain access to and use of forums and/or other message or communication facilities, such as, but not limited to, email function, bulletin board services, blogs, wikis, discussion groups, chat areas or news groups that are designed to enable you to communicate with ethosIQ™ and/or other users of this Site (collectively the "Forums"). To the extent technically allowed by this Site, you agree to use the Forums only to upload, post, send and receive messages (including feedback and suggestion), files, documents, graphics, images and other content or materials (collectively the "Materials") that are related to the scope of such Forums. You shall use the Forums exclusively in a non-commercial manner. Unauthorized use: You shall not publish any Material including a promotion, advertising, solicitation to sell or purchase goods or services, to join or become members of any commercial online or offline organization or service, or more generally, to use directly or indirectly the Forums for any other commercial matter. Moreover, when uploading, emailing, posting, publishing or otherwise communicating through any Forum, you agree in particular that you will not in whatever manner or form, directly or indirectly:
 
 
  • Use such Forum in connection with or for the purpose of surveys, contests, solicitation of funds, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages.
  • Upload Materials that contain viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of this Site or another's (including ethosIQ™) computer or property.
  • Defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other Users;
  • Transmit or facilitate the transmission, distribution or dissemination of any Material which is (i) false or misleading, (ii) promoting bigotry, racism, hatred or harm against any group or individual, (iii) obscene or indecent;
  • Infringe another's rights such as, but not limited to, intellectual property rights; or more generally, violate any applicable laws, regulations or code of conduct.
  • Collection of information about others that are contained in the Forums (including e-mail addresses) is strictly prohibited. In addition, you shall not restrict or inhibit any other user of this Site from accessing and using the Forums.
  • Material removal: ethosIQ™ has no obligation to monitor the Forums. However, ethosIQ reserves the right to review any Material uploaded, posted or sent by Forums' users and to remove any of such Material in ethosIQ' sole discretion.
  • Rights granted to ethosIQ on users Materials: ethosIQ does not claim title to or ownership of the Materials. However, by uploading, posting, sending or otherwise transmitting any Material to any Forum or submitting any Material to ethosIQ™:
  • You (and/or your organization) grant ethosIQ™, its affiliated companies and any sub-licensees elected by ethosIQ™ or its affiliated company a perpetual, worldwide, royalty/compensation free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Material (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights. In addition, at ethosIQ™', its affiliated companies' or sub-licensees' option, you agree to have your name published in connection with your Material or you agree to waive such right.
  • You warrant and represent that you (and/or your organization) own, control or have all the necessary rights to the Materials including but not limited to the rights necessary to upload, post, send or otherwise transmit the Materials and to grant licenses and sublicenses as per the provisions above.

Password and User's Account


Access to certain parts of this Site may be subject to opening of a user account and/or use of a user name and password. In such case, you must comply with the registration process described in this Site and, if so requested, choose a password and username. You are fully responsible and liable for maintaining the confidentiality of your password, and for any and all activities that occur under your password as well as for any loss or damage incurred by ethosIQ™ or any third-party due to the use of your password and/or account by someone else. You agree to notify ethosIQ™ immediately of any unauthorized use of your password and/or account or any breach of security.
 

Links to Third-Party Websites

 
The Site may provide links to third-party websites, which are not under the control of ethosIQ™. ethosIQ™ makes no representations about third-party websites. ethosIQ™ is not responsible for the reliability of any data, opinions, advice or statements made on third-party sites. ethosIQ™ provides these links merely as a convenience. The inclusion of such links does not imply that ethosIQ™ endorses, recommends or accepts any responsibility for the content of such sites. ethosIQ™ shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of a third-party website or any information or materials received from a third-party website.

Disclaimers


Any and all the Information (including the Software) provided on this Site are provided on an "as is" and "as available" basis without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or any warranties regarding workmanlike efforts, lack of negligence or non-infringement. ethosIQ™ makes no warranty that the results that may be obtained from the use of this Site or any tools or services available offered through this Site will be accurate or reliable, or that the quality of any products or services described in this Site will meet your expectations. The content of this Site may include technical inaccuracies or typographical errors. ethosIQ™ does not warrant that the electronic functions contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available. In the future, changes may be added to the information herein but there will be no duty to update this site. ethosIQ™ may make improvements and/or changes in the product(s) and/or program(s) described on this Site at any time without notice.
 

Limitation of Liability



Neither ethosIQ nor any of its affiliated companies, directors, employees, or other representatives shall be held liable for errors contained herein, or for any direct, indirect, special, punitive, incidental or consequential damages such as, but not limited to, loss of data, loss of profits or revenues, loss of business, loss of reputation, or any economic loss arising out of, or in connection with the furnishing, the access, or use, or inability to use this site, or reliance on any of the information provided and/or material contained in this site even if advised of the possibility of such damages.
Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
 

User Indemnity to ethosIQ™



You and your organization agree to defend, indemnify and hold ethosIQ, its affiliated companies, directors, employees or representatives harmless from and against any and all damages, expenses (including attorneys reasonable fees), losses or liabilities arising out of or in connection with your access to or use of this Site (including the Forums).

Termination of Access

 
 
ethosIQ™ may, at its option, terminate without notice any user's access (and any account of such person) to this Site without prejudice to its right to claim for indemnification of damages in case of termination for breach of the Terms of Use.

Modification of the Term of Use

 
 
ethosIQ™ may update and make changes to the Terms of Use at any time without prior notification. When doing so, ethosIQ™ will also revise the "last updated" date at the top of the Terms of Use. With respect to the Privacy Policy, material changes will be notified to you by placing prominent notice on this Site.

Intellectual Property

 
 
Excluding materials provided by you and accepted by us ("your data"), you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Site, except as expressly provided herein. Other than your data, all content, database information, data and services available on, and collected as a whole through this Site are property of ethosIQ™, its affiliates, advertisers and licensors, and are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws in the United States and internationally. Certain names, products or services that may be mentioned in the Site may be the trademarks of their respective owners. All rights are reserved.