TERMS OF USE INCLUDING PRIVACY POLICY, COOKIES, COPYRIGHT AND DISCLAIMER:

Ethos Design Collective, LLC
In addition to paying the initial application fee ($ 35.) and initial one-month payment (minimum $ 19.99., based upon type of membership), and annual fee every year thereafter, (whether by installment or in one-time annual payment) for a Ethos Design Collective, LLC Product or Products (the Product), as a material part of the contract for purchase of the Products, Purchaser (Member/ Collective Associate) agrees and stipulates forever as follows:
Copyright and Terms of Use Contract-
1.The Product is authored, published and fully copyrighted by Ethos Design Collective, LLC, d.b.a. Ethos Design Collective in St. Louis, MO 63129. Mailing address: 6642 Clayton Rd, # 390, St. Louis, MO 63117.
2.The use of the Product, and of any of its contents, is strictly limited to the individual purchasing the Product, to the extent applicable (Purchaser). The use of the Product may not be assigned. The Product and its contents may not be used by any successor business entity. While Purchaser may have paid a one time fee for ‘lifetime’ Associateship (only if/when that package becomes available), Purchaser agrees that ‘lifetime’ shall be defined as being the period that the Product remains the property of Ethos Design Collective, LLC under its current ownership and continues to be developed and supported by Ethos Design Collective, LLC. Purchaser agrees to adhere to the Standards of Excellence, as set forth below:
2a. ETHOS PUTS APPLICANTS THROUGH CREDENTIAL VERIFICATION and must provide business credentials, proof of license/certification plus testimonials and referrals to be considered for Ethos membership, as well as a business website showcasing luxury interior design work they have implemented for actual clients. Implementation is defined as physical application of a design concept into an existing, renovated or built space. Additionally, social media representing the design work of the applicant must be their own. If stock images are used they must account for less than 10% of the images used. Inspiration images of designs (ie: photography, renderings, floor plans, sketches, drawings, mood boards or any other form that conveys an interior design concept or concepts) must be clearly labeled as ‘Inspiration’ with credit and link given to the original designer. Additionally, designers must be principals of their own interior design firm, which is the main source of income. E-design would only be considered as secondary service provided and does not qualify as a primary source of interior design income to qualify for membership in Ethos Design Collective.
2b. ETHOS HAS A STRICT APPLICATION REVIEW PROCESS FOR MEMBERS. Ethos has a 3 business day process to review each and every application and verify the applicant has met the minimum requirement for approval. The registration fee of $ 35. is non-refundable. Applicant must make sure they meet all requirements BEFORE applying.
2c. ETHOS REQUIRE APPLICANTS TO BE MEMBERS TO BE ON DIRECTORY. Purchasers have to be an Ethos member to be on directory, subject to renewal.
2d. ETHOS CONSIDERS FEEDBACK FOR RENEWAL. Ethos Members will be upheld to industry and community standards of ethics and appropriate behavior. Consumers are asked to supply feedback if they have hired any Ethos Purchaser/Member and any negative reports will be looked into, and considered during membership renewal period. Renewal period begins one month prior to the end of the current registration.
2e. ETHOS SUPPORTS DESIGNERS’ BUSINESSES. Ethos provides access to ongoing educational resources, an academy of courses and a learning library of highly coveted national business leadership authors and webinars to strengthen their interior design businesses, and take advantage of the collective bargaining power, to strategically up level their business ahead of their non-member peers. We partner and are sponsored by major international brands invested in the health and well-being of our designers and their businesses, sharing resources, promotion, opportunities, etc and collaborating on industry events to benefit both our designer members and their clients. We collaborate with major brands and our collective membership of designers on industry surveys and focus groups to get the pulse of what clients are really looking for, and help create designer programs to better meet those needs. Opportunities are listed in the Membership Benefits and should be checked carefully before selecting your membership tier, as not all benefits are available to each tier.
2f. The service to search our designer directory is no-charge for consumers. Ethos handles no money or contractual agreements between clients and designers. Ethos has no bias in whom you choose, and receives no referral fees from a client hiring one of our designers. (See #3)
2g. ETHOS PROFESSIONAL ASSURANCES AGREEMENT: Ethos Ethical Agreement with our Consumers adheres to transparency and a moral code of ethics to belong, for both consumers AND designers.
2h. ETHOS TRADEMARK DIRECTORY PROCESS: Ethos has a trademark process for interior designer listings on the directory, including (where available) the Ethos Interior Design DNA Archetype Protocol, copyright Kelly Schellert, Founder/Majority Owner, CEO and Manager of Ethos Design Collective.
2i. ETHOS TRADEMARK CONSUMER PROCESS: Ethos has a trademark process for consumer including one, several or all of the following: a welcome, quiz, reports, intake survey, supporting documents and the ability to easily leave feedback and star ratings for the designer after the project ends. Feedback and star reviews are processed internally and followed up on prior to publication on the website and/or used during review of a designer membership renewal to the collective. We understand that there are always two sides to every story, and make no decisions without having all of the information for a full review. The findings of the review will be delivered via email, no more than 7 business days after a formal complaint is filed with Ethos, or at time of renewal. If we cannot reach the Member by phone, or within 72 hours of initial point of contact via phone or email, to speak about any issue that arises prior to the renewal, agreement to these terms serves as notice that the Member has agreed to forfeit their right of representation in the renewal by not responding in the allotted time. In the absence of personal testimony on the Member’s behalf, Ethos would rely on any information and facts on hand to make the best informed decision.
3.Purchaser agrees it may and will only use the Product and its contents for the sole purpose of contacting the media, manufacturing trade partners, vendors, network service providers, or design peers (hereafter collectively referred to as “distributors”) listed in the Product and/or Service directories, as well as the Job Bank, for the sole purpose of establishing the Purchaser’s own accounts and employment arrangements with said distributors. The information provided in the tool may not be manipulated in any manner or placed into any other “tool” with the use of scrapers, bots or manually entered without written consent by Ethos Design Collective, LLC, Manager Kelly Schellert on official company letterhead. The education component of the product is provided for the sole use of the Purchaser.
4.The Product and the information in the Product may not be disseminated to any third-party in any medium under any set of circumstances except as expressed herein. For example, the Product and its contents may not be reproduced and circulated. The Product and its contents may not be posted to Purchaser’s website. The Product and the information in it may not be reprinted, resold, transferred, or given away, in part or in full, in any manner, without the express advance written consent of Ethos Design Collective, LLC, a Missouri limited liability company, its assigns or successors.
5.Purchaser forever agrees and stipulates that in the case of any alleged violation of paragraphs 1 through 4 of this contract, Ethos Design Collective, LLC, its assigns and successors, shall have the immediate right to the issuance of a temporary injunction restraining and preventing further violations of this agreement. Purchaser and its successors forever waive any requirement of notice of any hearing or the posting of any bond for the issuance of said injunction. Purchaser and its successors forever stipulate said injunction shall remain in place without the requirement of any bond until the Court of competent jurisdiction issuing the injunction rules finally on the merits of the case. Purchaser and its successors forever stipulate that the alleged violation of paragraphs 1 through 4 herein constitutes irreparable injury to Ethos Design Collective, LLC for which there is no adequate remedy at law. Purchaser and its successors forever stipulate that when Ethos Design Collective, LLC applies for any injunction as described herein, the filing by Ethos Design Collective, LLC of an affidavit simply alleging the violation of paragraphs 1 through 4 of this Agreement is a sufficient showing of irreparable injury and an adequate remedy at law to have that injunction issued and to keep the injunction in place without a bond until the case merits are ultimately decided. Purchaser and its successors shall not in any such action move for the dissolution of a temporary injunction, request that a bond be posted to keep said injunction in place, or argue the absence of irreparable injury or inadequate remedy at law. For purposes of this section, Purchaser shall be construed as any offending party and its present or past employees or agents. If the injunction must be domesticated in any foreign jurisdiction, Purchaser and its successors also forever waive any requirement of the posting of any bond or its substantial equivalent in the foreign jurisdiction for purposes of having the bond issued, kept in place, or enforced.
6.Purchaser and its successors further agree that if Ethos Design Collective, LLC, or its assigns and successors, allege by way of affidavit the violation of any temporary or permanent injunction issued per paragraph 5, that Ethos Design Collective, LLC, its assigns and successors, shall have the immediate right to pursue contempt charges against Purchaser and/or its successors, and their principals, and to immediately have issued a judgment of contempt, or its substantial equivalent, requiring the arrest and/or incarceration of Purchaser, its principals, and successors until compliance with the injunction is had. Purchaser and it successors forever waive the requirement of the posting of a bond or its equivalent in any jurisdiction in which enforcement of this section is sought.
7.Purchaser and its successors forever agree the sole venue for any civil action arising out of or related to this Agreement or brought by any party to this Agreement shall be in state court, St. Louis County, Missouri, United States of America. Primary venue shall not lie in any other jurisdiction where it is alleged that a party to this Agreement or its successors violated this Agreement. Purchaser and its successors forever stipulate they will not attempt to remove/transfer any action from St. Louis to any other jurisdiction or to Federal Court. Missouri (United States) law shall govern in any action. Purchaser and its successors stipulate that any order, decree, injunction, or judgment, whether final or non-final, issued by the St. Louis County, Missouri Court, may immediately be domesticated and/or enforced in any other jurisdiction without the necessity of the posting of any bond or its equivalent by Ethos Design Collective, LLC
8.In any civil action brought to enforce any provision of this Agreement or arising out of or relating in any way to this agreement, the prevailing party in said action shall be entitled to recover all of its expended fees and costs (not just taxable costs but all costs) expended in that action from the losing parties jointly and severally.
9.Purchaser and its successors forever stipulate that any final judgment for monetary damages or attorney’s fees and costs issued pursuant to this Agreement shall be collectible not only from the offending party, Purchaser, or its successors, but also from the principals of same who will automatically be deemed vicariously liable for any judgment issued under any legal theory and regardless of whether said principal is solely, partly, or without fault and regardless of whether Ethos Design Collective, LLC is partly or totally at fault. The principals of Purchaser or its successors shall act as unconditional guarantors and/or indemnitors of said liabilities. Principals shall include all owners, officers, directors, shareholders, or partners. Purchaser and its successors forever waive any liability shield to these principals for purposes of collection of any monetary judgment of damages and/or attorney’s fees issued pursuant to this Agreement and for purposes of this contract generally. 
10.Purchaser, its successors and their principals, forever agree to defend and indemnify Ethos Design Collective, LLC, its assigns and successors, from all demands, claims, liabilities, and losses sustained by Ethos Design Collective, LLC, its assigns or successors, or alleged against them, arising out of this agreement or in any way relating to this Agreement, regardless of the theory of liability alleged against Ethos Design Collective, LLC, regardless of the nature or type of loss sustained by Ethos Design Collective, LLC, its assigns and successors, regardless of whether Purchaser and/or its successors and principals are alleged to be or determined to be partly, solely, or without fault, and regardless of whether it is alleged or determined that Ethos Design Collective, LLC, its successors and/or assigns are partly, solely or without fault.
11.Under no set of circumstances shall Ethos Design Collective, LLC, its assigns, successors, or principals be deemed to be acting in concert, as a joint venturer, or partner with Purchaser by virtue of its sale of the Product to Purchaser or otherwise by virtue of this Agreement. Additionally, under no set of circumstances shall Ethos Design Collective, LLC, its assigns, successors, or principals be deemed to be acting in concert, as a joint venturer, or partner with any business entity (ie: distributors) listed in the Product unless specifically noted. All parties to this agreement stipulate, acknowledge, and warrant that Ethos Design Collective, LLC is a seller and distributor of only the Product. Under no set of circumstances shall Ethos Design Collective, LLC be deemed a manufacturer, distributor, wholesaler, or retailer of any of the services, products or goods sold, marketed, distributed or manufactured by any of the entities listed in the Product. Ethos Design Collective, LLC, therefore, cannot and does not warrant the merchantability of any product sold, marketed or distributed by any entity or distributor in the Ethos Design Collective, LLC ‘s Product, nor does it or can it warrant the fitness of any such products or services for any particular purpose. Accordingly, Ethos Design Collective, LLC cannot and will not be held responsible under any statutory or common-law products or service liability laws in the United States or elsewhere.
12.If any portion of this Agreement is deemed legally invalid, void or voidable for any reason, then the remainder of this Agreement shall remain in full force and effect.
13.If this contract is construed by any Court of competent jurisdiction, it shall be construed as if jointly prepared by all parties to it and not strictly against any one party. It shall also be construed wherever possible to afford maximum relief to Ethos Design Collective, LLC, its assigns and successors in the context of potential violations of paragraphs 1 through 4 herein.
14.Guaranty statement: The Designer distributors listed in the Peer to Peer Marketplace Product if listed as “stocking dealer” are actual stocking, factory-authorized wholesale distributors of the products they sell. That means that they own a warehouse, buy in bulk directly from the manufacturers of the products they sell, and ship to customers from their own warehouse location – – real wholesalers – – no “middle man.” The trade/vendor a.k.a. “Network Service Providers” partners listed in the Vendor Directory are To the Trade Manufacturers and terms are pursuant to setting up accounts directly with them using your Ethos Design Collective Associate #….
15.The refund conditions are incorporated specifically by reference into this contract, are very strict, simply because they need to be. The product is informational in nature, and as such it is easy for Ethos Design Collective, LLC to be victimized by those who take what they need and then request a refund. Purchaser’s refund rights are only as described in this agreement.
“Seller” is Ethos Design Collective, LLC, a Missouri limited liability company, operating in St. Louis, MO 63129. Mailing address: 6642 Clayton Rd., St. Louis, MO 63117. “Purchaser,” is the person defined by the name, address and payment identification details provided at the time of purchase and captured in the online purchase order for membership and/or as a collective associate.
By agreeing to this terms of use, the purchaser also agrees that their card will be charged 30 days from the date of their purchase if they selected the “recurring payment” plan option and all other charges will be done based on the table on the online order page at the time of purchase.
15b. SATISFACTION GUARANTEED Ethos Design Collective, LLC is proud to provide quality information for the pursuit of fortifying your long term, interior design business goals in the era of e-commerce.
15c. REFUND POLICY We require that before a refund is requested that customer service is contacted at least twice to assist with any questions or concerns and you have received correspondence back both times from an authorized Ethos Design Collective Representative (actively employed by Ethos Design Collective).  Customer service may be contacted via email at [email protected] Purchaser agrees, as part of the consideration required to purchase this product, to carefully review and test this product during the refund period and to immediately request a refund if the product is not satisfactory. The request for a Refund must be made within fifteen (15) days from the date of Purchase. In the case where the Ethos Design Collective, LLC Associate has purchased on a recurring monthly payment basis, the fifteen (15) day return period dates from the date of purchase. From day 16 onwards, no amounts received by Ethos Design Collective, LLC up to day fifteen (15), will be eligible for return since the Associate has had full use of the intellectual property for a full fifteen (15) days. Irrespective of the date of the request for a return, after the first fifteen (15) days, the first installment is not recoverable. If you have purchased access to our products in the past and received a refund you are NOT eligible for another refund if you purchase again. The one time application fee charged at registration is non-refundable.
If you have contacted over 5 directory contacts in the time before requesting a refund, we will need to investigate to see if you are actively working with any of those suppliers, peers or service providers before issuing a refund, as actively working with our listed suppliers proves satisfaction. To request a refund or to cancel, please go to https://www.ethosdesigncollective.com/refund
16. RECURRING PAYMENT PLAN: In the event of payment default, account will be temporarily suspended until full payment is received. Upon cancellation of your membership, whether by Purchaser or Seller, all of Purchaser’s information will be purged from the site and is not restorable. Should Purchaser cancel membership and then rejoin, all data will have to be re-entered. Seller gives Purchaser advance warning via email when account is nearing suspension and cancellation status. We do not archive content. Seller will not be held responsible for any data loss due to non-payment or cancellation of Purchaser membership, whether by Seller or Purchaser. Upon any delinquency, Ethos Design Collective, LLC also reserves the right to submit account information to a Collections agency to retrieve payment.
17. CREDIT CARD DISPUTE: Ethos Design Collective, LLC asks that you contact us BEFORE contacting your credit card company to register a payment dispute. This process is expensive for any Seller. Because Internet companies have detailed, time stamped records of your transactions, the Seller can challenge a credit card dispute and usually wins. This process is very time consuming for you and for us. Please avoid this by contacting us first. You will find Ethos Design Collective, LLC is very reasonable about understanding your needs. Additionally, filing a PayPal or Stripe complaint is also a time consuming process, and will delay timely refunds due to the fact that we have to correspond with a third party as we do credit card chargebacks. As stated in the Refund section of this Terms of Use, we require all Purchasers to contact us directly at adm1neth0s@ethosdesigncollective.com for timely assistance with a refund.
18. RECOMMENDATIONS POLICY: As part of Purchaser’s Ethos Design Collective, LLC ‘ s Associates, Purchaser may participate in Ethos Design Collective, LLC ‘s Blog and Associates’ Forum or Ethos Inner Circle Facebook Group (for paying designer plus tier members only). Purchaser may post or email a recommendation that is favorable to Ethos Design Collective, LLC and any of the Platform and Education Providers or other products recommended by Purchaser. Purchaser hereby authorizes Ethos Design Collective, LLC to quote such recommendation in articles, videos and other media produced by Ethos Design Collective, LLC from time-to-time. Purchaser also authorizes Ethos Design Collective, LLC to make such favorable comments available to the relevant Platform, Education and Product Providers referenced in the favorable recommendation. Purchaser also authorizes Ethos Design Collective, LLC to use Purchaser’s full name in publishing such quote but will not disclose Purchaser’s personal contact details, unless agreed to. Ethos Design Collective, LLC will not use or publish any unfavorable comment without first seeking the permission of Purchaser in the event that there is a valid purpose in publishing such comment.
19. SPECIFIC DISCLAIMERS AS TO ‘RESULTS CLAIMS’, ‘INCOME CLAIMS’, OR ‘EARNINGS CLAIMS’ IN SALES AND PROMOTIONAL MATERIALS OR PRODUCT: If claims about results from using this product or if claims about income or earnings resulting from the use of this product are made, such claims are true for the persons who made the claims, including claims made by the Seller about its own experience with the product. No warranties are made whatsoever about the amount of money, if any, that Purchaser will earn from this material or product or service and Purchaser warrants an understanding that Purchaser’s only course of action is to test this product and material for the extent of the refund period and request a refund if Purchaser is not satisfied prior to its expiration.
20. INDEMNIFICATION: Ethos Design Collective, LLC cannot be held responsible for Purchaser’s actions with regard to Purchaser’s business conduct. Purchaser wholly indemnifies Ethos Design Collective, LLC against any legal action which may be brought as a result of Purchaser violating any copyright, trademark or any other legally protected rights of any other company. Purchaser must obtain written permission to use any copyrighted photos and or materials from third parties before publishing them to the directory as representation of their own works (ie: “portfolio” or “directory photo”). For example, if Purchaser’s business engages in selling illegally marked or counterfeited products illegally bearing the trademarked or copyrighted name or mark of another company without permission, whether the supplier of such merchandise was found through contact with a business or businesses listed in Ethos Design Collective, LLC database or not, Purchaser agrees that Ethos Design Collective, LLC is indemnified against any legal action, and Purchaser is solely responsible.
21. FORCE MAJEURE: Purchaser shall not have the right to request a refund for delays or defaults in providing the Product, or loss of Purchaser data caused by conditions beyond Ethos Design Collective, LLC control including, but not limited to; Acts of God, Government restrictions, third party included services, wars, insurrections and/or any other cause beyond the reasonable control of Ethos Design Collective, LLC.
22. PRIVACY POLICY / USE OF COOKIES:
Privacy Policy / Use of Cookies:
This Privacy Policy describes how your personal information is collected, used, and shared when you visit https://www.ethosdesigncollective.com (the “Site”).
22a.Personal Information We Collect:

Pertinent information is automatically collected about your device when you visit our Site, including web browser information, IP address, time zone, and cookies that may be on your device. Additionally, when you browse our Site, we collect information about your viewing history, search terms and how you interact with our Site. This information that we automatically collect is referred to as “Device Information.”

The following tracking technologies are used to collect data:

We collect Device Information using the following technologies:

– “Cookies”- Data files placed on your device or computer and often include a unique anonymous ID.

– “Log files” -Actions are tracked on the site, to collect data such as IP address, your type of browser,  your Internet service provider, referring/exit pages, and date/time stamps.

– Electronic files such as “Web beacons,” “tags,” and “pixels” record information about how you browse the Site.

22b. How Do We Use Your Personal Information?
We use the Device Information that we collect to improve and optimize our Site, for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns.
If you submit an inquiry form, we will use the information submitted to communicate with you regarding your request.

 

22c. Sharing Your Personal Information:

We do not share any personal information shared through email signups or inquiry forms with third parties.

Google Analytics is used to help us understand how our visitors use our Site.  Please visit Google.com to read how Google uses your personal information and/or to opt-out of their Google Analytics.

Finally, to comply with applicable laws and regulations, we may also share your personal information in response to a subpoena, search warrant or other lawful requests for information we receive, or to protect our rights otherwise.

22d. Your Rights Under This Agreement:

Ethos Design Collective hereby notes to our European resident users, your rights to access any and all personal information we hold about you, as well as requests for correcting, updating or deleting that information. Please contact us at [email protected] to exercise your rights.

Additionally, if you are a European resident, you are notified that we process your information for fulfilling contracts we might have with you, or otherwise to pursue any business interests that are legitimate, and/or listed above.  Also, please note that your information may be transferred outside of Europe, including Canada and the United States.

22e. Changes:

We reserve the right to modify and/or update our privacy policy as required by changes to our practices for legal, regulatory or operational reasons.

22f. Contact Us:

For more information about our Ethos Design Collective privacy practices, for questions, or for filing a complaint, please contact our administrator by email: [email protected] or by mail using the details provided below:

c/o Ethos Design Collective ATTN: PRIVACY

6642 Clayton Rd., #390

St. Louis, MO 63117

 

23. COPYRIGHT AND DISCLAIMER:

Copyright © 2018 by Ethos Design Collective. All rights reserved.

23a. Copyright and Disclaimer:

Unless otherwise indicated, Ethos Design Collective and Kelly Schellert hold copyright to any and all aspects of the Ethos Design Collective Site (including but not limited to content and layout), except for logos granted in licensed use to Ethos Design Collective by our sponsors and Purchaser’s photos and images. In this case, Ethos Design Collective and Kelly Schellert hold copyright on the content representation, though not the content itself. The use of images, photos, works and the like is solely to represent the work of those same entities to the public at large and to their peers for consideration. By uploading images, content, works and the like to the website and/or directory/directories, purchaser agrees that they either own the copyright to the images and content or that they have received express written consent for the use of copyrighted images, works, content or the like for representation of their business entity. Furthermore, Ethos Design Collective does not sell furniture on its website or social media accounts and agrees to never use purchaser’s copywritten photos, images, works or the like to sell furniture or product from those images.

If Ethos Design Collective collaborates with a Brand or Vendor to benefit the designer member ‘Purchaser’ in conjunction with Ethos Design Collective, EDC will request permission from the purchaser and the owner of the copyright, whether they are the same or separate entities (for example, the purchaser and a third party professional photographer who typically holds the copyright on images) for the use of photography and or testimonials as is required to promote the collection and the Purchaser(s) represented in the work.  An example of this would be when EDC collaborates with a Brand or Vendor along with its designer member purchasers to create a signature collection bearing the EDC logo in conjunction with the third party brand and the purchaser entity, in which the designer member ‘purchaser’ has creative input and the opportunity to participate at their discretion. See #20. INDEMNIFICATION CLAUSE above.

In the case where a purchaser is offered the chance to participate in a photo shoot where there is a possibility of their likeness being used, Ethos Design Collective and the third party photographer will require a model release form to be signed prior to the photoshoot. Participation is voluntary.

You may not use any robot, spider or any automated or manual device to monitor or copy any aspect of this Site (including content) without prior written permission from Ethos Design Collective unless the purpose is to index the content for a traditional search engine (e.g., Google, Yahoo, etc.). You are not allowed to modify, replicate, publish, distribute, reproduce, transmit or display any page (in whole or in part) on this web site, except as this document permits.

If you wish to place content about Ethos Design Collective on any other website, you are ONLY permitted to quote individual facts or figures and you MUST provide a link back to a valid page at Ethos Design Collective. You may not copy tables, graphs, maps, or other graphical elements. Electronic reproduction or replication of any Ethos Design Collective content, above and beyond what is specified here, requires written permission.

All rights reserved. For permission requests, write to Ethos Design Collective, addressed “Attention: Permissions,” at the address below or contact us: [email protected].

ETHOS DESIGN COLLECTIVE, ATTN: PERMISSIONS

6642 Clayton Rd., #390

St. Louis, MO 63117

 

23b. Disclaimers:

The consumer facing site is offered as a free service to the general public. We provide no guarantees or warranties (express, implied or otherwise), concerning any Site provided content or linked to this web site and/or any associated sites and service providers. The information as presented on this Site is provided by the service providers, vendors, authors and businesses. We shall not be responsible for the accuracy of representations or quality of same made by the professionals on this website, or for any disputes that may arise between the authors or professionals and users of this Site. It is the responsibility of service users to independently verify the credentials of each such person as well as the accuracy and validity of the information they have provided.

Context of External Sites and Resources:

The Ethos Design Collective website at times is linked to other Web sites or resources for the purposes of information.  By providing these links, doing so does not constitute an expressed or implied endorsement or approval by Ethos Design Collective of any such website, or their product and/or services offered.  We will not be responsible for the availability of such external sites or resources, or the management of accurate links on external sites. We shall NOT be responsible (or liable) for any advertising, products, content, or other materials, references or otherwise, on or available from such external websites and/or resources.  We shall not be responsible or liable (directly or indirectly) for any loss or damage sustained or alleged to be sustained by or in connection with use of or reliance on any such content, nor goods or services available on such external sites or resources.

Email Disclaimer:

Any email submissions to Ethos Design Collective may be used, at the discretion of Ethos Design Collective, for promotional purposes. Submissions include the submitter’s name(s); However, personal information such as email addresses will be kept confidential, unless otherwise specified by the submitter (example: a designer’s email address as contact on the directory. Any information provided on the directory/directories, or for the directory/directories will be deemed as giving full rights to display same information on the directory/directories, by the submitter.) The submitter by submitting the email address, and any other contact information on their profile and/or directory listing, as a form of contact agrees that their email content, phone number and/or name may be used, at the discretion of Ethos Design Collective, for promotional purposes. (Examples would be the ‘Featured Designer’ blog and social media posts, for the purpose of promoting the designer, with a link or contact information back to their site). Our sponsors will offer opportunities of reciprocity, where applicable, for featured designers from time to time, on their sites as well, with links back to the designer provided email, website, name and other contact information supplied by designer for this purpose, and listed on the designer profile, by the designer, for contact.

ETHOS DESIGN COLLECTIVE Network Disclaimer:

Members of Ethos Design Collective have the option of enrolling in the Ethos Design Collective Associateship (Profile), which will allow other enrolled collective associates to search for their shared information/profiles on the Ethos public facing site. By joining the Ethos Design Collective, each member agrees that his or her information provided to the Ethos site is shared throughout the Ethos Design Collective site with other registered Ethos Design Collective associates. Do not provide information that you do not want to be disclosed to other collective associates. Ethos Design Collective offers no warranties or guarantees as to the authenticity of the information provided by each Ethos Design Collective associate. We shall not be liable (directly or indirectly, in whole or in part) for any damage or loss sustained by or alleged to be sustained by or in connection with any use of or reliance on any information provided by Ethos Design Collective associates, trade partners, peers or service providers. We reserve the right to remove any Ethos Design Collective associate, trade partner, peer, or service provider from the Ethos Design Collective at any time. If you feel that the Ethos Design Collective is being abused, please contact Ethos Design Collective at: adm1n[email protected] with a description of the complaint, and any supporting backup that you can provide.

23c. Acceptable Use Policy:

Ethos Design Collective takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or spam over our Site. Very simply, this means that collective associates/members and users of Ethos Design Collective may not use or permit others to use our Site to transact in Unsolicited Commercial Email. Violations of this policy carry very severe penalties, including but not limited to termination of service, without any refund rights, and may result in Ethos reporting the violation to proper authorities.

Spamming is considered as sending messages or advertisements to more than five recipients on any of our lists unless the individuals have specifically requested to be added to the mailing list in question, or unless senders have received exact written permission to send the email to certain persons who have requested to be added to an email list on that topic. This includes emails that contain commercial advertisements as well as informational messages sent via electronic mail (email) to recipients. When in doubt, double check with Ethos Design Collective. We will never sell our information lists or that of our members, for any reason without prior consent of our members. At times, our sponsors may request your emails for invitations to specifically held events, co-sponsored with Ethos, for our designer associate collective members’ benefit. However, please note that once a designer membership profile is complete, it is made public for the purpose of being visible to consumers, looking to hire designers by specialty or region. (Profiles that are NOT complete, will NOT be visible on the site). It is the Member’s responsibility to make sure that their profile is complete before contacting Ethos about the profile not showing up on the site.

Violation of Ethos Design Collective’s spam policy will result in severe penalties. Ethos Design Collective may restrict customer access to the secure Site to prevent further violations. If a collective associate and user is found to be in violation of our spam policy, Ethos Design Collective may, at its sole discretion, restrict, suspend or terminate a collective associate and user’s account. Further, Ethos Design Collective reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ethos Design Collective will notify law enforcement officials if the violation is believed to be a criminal offense.

 

23d. Copyright Statement:

The use of the EDC or Ethos Design Collective name, logo, and its likenesses is expressly prohibited unless consent is given by Ethos Design Collective at: [email protected]

Acceptable use of ETHOSDESIGNCOLLECTIVE™ Trademarks

The organization should be referred to as Ethos Design Collective or EDC.

All of Ethos’ registered or unregistered names, publications, titles, trade and service marks, logos, designs, and other identifications are owned by Ethos Design Collective and can only be used to Ethos Design Collective’s benefit. Their use by any other organization, business or individual is strictly prohibited, unless specific authorization is received, in writing, from the Ethos Design Collective administrator within 30 days prior to use of the same. In the case of opportunities arising without the benefit of 30 days notice, specific written authorization is still required, noting date of use, description of use, and in what context. Ethos will not be responsible for unauthorized use of our collective likenesses and identifications.

Ethos Design Collective is not responsible for acts, errors or omissions of any business, entity, or event that our likeness and/or identifications are used in conjunction with, including the use of our logo(s).

When textually representing Ethos Design Collective, the word “ETHOS” shall be all uppercase in its font, and “DESIGN COLLECTIVE” shall be all uppercase in its font. Use of initials or acronyms or alternative case styles is strictly forbidden except for the EDC which must contain all uppercase letters.

The official font-face for ETHOS should be used in any graphic representation of the name. The ETHOS DESIGN COLLECTIVE logo is a three-color logo; the official colors of the logo must be used. When our logo is to appear without full color (grayscale) the blue should be converted to black(100% black). Color profiles (RGB and CMYK) are allowed.

 

 

23e. Contacting the Web Site:

For any questions regarding this privacy statement, the practices of this Site, or your dealings with this Web site, you can contact Ethos Design Collective at: [email protected]

24. ENTIRE AGREEMENT:
This contract contains the entire agreement between the parties to it. Each party agrees each has read the terms, each understands them, and each has consulted with legal counsel of its choosing (or is waiving their right to legal counsel by proceeding) prior to binding themselves to the contract. By agreeing to this terms of use, purchaser also understands that these terms of use can be changed at Ethos Design Collective, LLC’ s discretion at any time.
BY SELECTING THE TERMS OF USE CHECK BOX WHEN ENTERING YOUR ETHOS DESIGN COLLECIVE, LLC ACCOUNT AND MAINTAINING CONTINUED USE OF ETHOS DESIGN COLLECIVE, LLC PRODUCTS, YOU ACCEPT EACH AND EVERY TERM LISTED ABOVE AND CONSTITUTES A BINDING AND LEGALLY ENFORCEABLE CONTRACT.