Last Updated: November 10, 2022

Welcome to www.accessethos.com (“Site”, “Platform”), which is owned and operated by Access ETHOS (“we” or “our”). These terms and conditions (“Terms”) govern your use of the Platform. Please take the time to read them before you start to use the Platform. By accessing and using our Platform, you confirm that you accept these Terms and that you agree to comply with them. We may amend these Terms from time to time. Each time you use the Platform, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on the date of posting that appears at the top of this Page.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

You are required to acquaint yourself with any local laws and restrictions on the usage of this Site and the availability of any services described therein. The information on this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.

Certain sections of or pages on this Site and Platform may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern for your use of those sections or pages.

If you have any queries or concerns regarding these Terms, please contact us using the details in the Contact Us section at the end of these Terms of Use.

Agreement.
By using the Platform, you hereby agree to be bound by all of the following provisions of these Terms, which form a legally binding contract between you and us. If you do not want to agree to these Terms of Use, or the Privacy Policy, you must not access or use the Platform.

Please note, these Terms contain a waiver of rights to bring a class action against us and a release by you of all claims against us, for damages or any other claims, that may arise out of your use of the Platform. By using the Platform and Site, you affirm that you agree to these provisions.

By accessing the Platform, you consent to the collection and use of certain information, as specified in our Privacy Policy.

We expressly and without limitation revoke the right of any competitor to access the Site and Platform in any way and for any purpose, including, but not limited to, through employees, officers, directors, third party agents, affiliates, or independent contractors.  If you are our competitor, you are accessing the Site and Platform without legal authorization, and agree to immediately discontinue such access.


ACCESS ETHOS Services.
Our Platform is a supportive ecosystem for Micro, Small & Medium Enterprises (“MSME”) to assist and provide aid to business owners to start, grow and sustain businesses, help them to mitigate or negate the effects of structural, corporate, legal and operational obstacles. The Platform offers professional service tools, business operation tools, informational courses, consulting and other services to support business owners.

The services currently available on our Platform to registered users include:
(a) Small Business As A Service (SBAAS) tools from professional service tools
(b) Product matrix
(c) Business Platform Cultivator
(d) Business Service Cultivator
(e) Business Asset Screening Cultivator
(f) Business Model Cultivator
(g) Business Plan Cultivator
(h) Business Corporate Finance Cultivator
(i) Economic Health Rating
(j) Small Business Communities
(k) Small Business Marketplace
(l) Budgeting(J) Sales CRM (the “Services”).

License.
Subject to these Term, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Platform and Services for your own personal use. You may download content from our Platform only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content.

Membership.

You may use our Services only if you can form a binding contract with us, and only in compliance with these Terms and all applicable laws and regulations. When you create your account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions may have additional requirements and/or restrictions.

To access the Platform and some of the resources it offers, you may be asked to provide certain registration details or other information. If you register as a user (a “Ethos Member”) of any of the Services, during the registration process you may be prompted to click a “Join Now” or similar button. Clicking any such button will further confirm your agreement to be legally bound by these Terms. It is a condition of your use of the Platform and Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register as an Ethos Member or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy. By registering as an Ethos Member, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. You agree to maintain and update your information to keep it accurate and current.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to anyone else. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason and without any notice whosoever if, in our opinion, you have violated any provision of these Terms.

Subscription Terms.
You agree to pay the non-refundable subscription fees and any other charges incurred in connection with your account for Platform and Services (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. Unless you have paid by check, we will bill all charges automatically to your credit card. You shall provide a valid, up-to-date credit card number or other payment information on request.
Subscription fees will be billed at the beginning of your subscription and any renewal period. As a general matter, all fees and charges are non-refundable. Fees and charges must be paid in advance, either monthly or in accordance with any different billing frequency as might be offered by us. If we do not receive any payment when due, we may suspend your access to the Services. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Renewal.
Our annual subscriptions are on automatic renewal for your convenience. You do not have to worry about mailing back renewal notices or missing issues if you forget to renew. You have complete control over your subscription and can contact us to change or cancel at any time. We will notify you of the pending renewal of your subscription at least 5 days prior to the date your subscription renews, except as otherwise required by law. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Refunds.
If you cancel your annual subscription, your subscription and other subscriber benefits will continue for the paid period and you will receive no refund. If you cancel within the final 30 days of your subscription, the cancellation will not take effect until the end of your current billing period, you will not receive a refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current billing period. If your subscription is terminated by us for violation of these Terms, community guidelines, any law or governmental regulation, you will not receive a refund and your access to the Platform will be terminated immediately.

Pricing.
Pricing for our annual subscription is $399.00 USD Per Month. We reserve the right to change our subscription rates at our sole discretion. We will notify Ethos Members if such a change is made by posting our revised rates to the Site. 

Payment Processor.

From time to time, we may use a third party not affiliated with us to process payments for our Services (a “Third Party Processor”). You agree that this Third Party Processor is solely responsible for controlling, handling, processing, or fulfilling purchases processed through its systems. When using such Third Party Processor you may be subject to additional terms of use/service and privacy policy(ies) of the Third Party Processor.

User Conduct Guidelines.

The following terms apply to your conduct when accessing or using the Platform:

       i. You agree not to interfere with or disrupt the Platform or the servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

      ii. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purpose, any portion of the Platform, use of the Platform, or access to the Site;

    iii.  You agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability;

    iv.  You agree not to impersonate any person or entity, including, but not limited to, our employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and

      v.  You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Platform or posting private information about a third party.

   vi.   You agree not to decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code for the Platform;

  vii.   You agree not to post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. Uploading copyrighted or other proprietary material of any kind on the Platform without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.

Unlawful Use of Platform.
You may use the Platform only for lawful purposes. You may not use the Platform:

       i.  In any way that breaches any third party rights or applicable local, national or international law or regulation;

      ii.  In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

    iii.   For the purpose of harming or attempting to harm minors in any way;

    iv.   In any way that harasses or advocates harassment of another person;

      v.  In any way that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;

    vi.   In any way that involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes;

The Following Items Are Strictly Prohibited On The Platform:

       i.  Content that discusses illegal activities with the intent to commit them;

     ii.   Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;

   iii.    Profane, pornographic, obscene, indecent or unlawful content;

   iv.    Content related to partisan political activities;

     v.   Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and

   vi.   Content that contains intentionally inaccurate information or that is posted with the
intent of misleading others (this list, collectively, “Strictly Prohibited Items”).

You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the Platform.

Your subscription might be terminated by us, with an immediate effect, for violation of these Terms, any applicable laws and regulations, and for prohibited activities.

User Content.

You may be permitted to post, upload, publish, submit or transmit relevant information and content (“User Content”) on our Platform.  By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free license to use the User Content, with the right to use, view, copy, adapt, modify, distribute, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.
You represent and warrant that:
       
i.   You are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
     
ii.  Neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Changes to Platform.

We may change or discontinue any aspect, Service or feature of the Platform at any time, including, but not limited to, content, availability, and equipment needed for access or use.

Links to Third-Party Websites.

You acknowledge that the Site may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the websites or their content or availability. We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party websites, you do so entirely at your own risk.

Content Disclaimer.

We cannot and do not represent or warrant that any of the content available through the Platform or Services is accurate, reliable, current, complete or appropriate for your needs. Various content available through the Services may be specially obtained by us from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable content (collectively, the “Data Providers”). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of content available through the Platform or Services are not and cannot be guaranteed.

YOUR USE OF THE PLATFORM, SERVICES, THE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK.

THE PLATFORM, SITE, CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACCESS ETHOS NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM, SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ACCESS ETHOS NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ACCESS ETHOS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

DISCLAIMER REGARDING HYPOTHETICAL PERFORMANCE RESULTS. WE MAKE NO REPRESENTATION THAT ANY BUSINESS WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

LIMITATION OF LIABILITY.

ACCESS ETHOS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE USE OF PLATFORM, SITE, SERVICES OR OTHERWISE INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM NEGLIGENCE. IN NO EVENT SHALL THE AGGREGATE MAXIMUM OF OUR LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICE EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO US. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US CREATES ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so a part of parts the above exclusion or limitation may not apply to you. If any item of the foregoing is not allowed by the applicable law, this paragraph will be construed to allow Us the broadest extent of limitation of liability allowed under the applicable law.

THE USE OF THE PLATFORM OR SERVICE OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH ACTIVITIES.

Maintenance.

The Platform and Services may be temporarily unavailable for scheduled maintenance or for any unscheduled emergency maintenance, or for any other causes beyond our reasonable control, but we will use reasonable efforts to provide advance notice in writing or by email of any scheduled unavailability of the Platform.

No Warranties.

The Service are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Services and Platform are provided without warranties of any kind, whether express, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.

We reserve the right to modify, withdraw, or discontinue the Platform and Services, in whole or in part, at any time without notice to you. You agree that we shall have no liability to you or any third party for any losses or damages caused by the Platform or Services not being available, in whole or in part, at any time or for any period.

Without limiting the foregoing, we do not warrant that the Services will be uninterrupted, error-free, or virus-free. Any material downloaded or otherwise obtained using the Platform is done at your own discretion and risk. We will not be liable for any loss or damage to your computer system or data that may result from use of the Services.

If applicable law requires any warranties with respect to the services, all such warranties are limited in duration to ninety (90) days from the date of first use. We do not make any representation that your use of the services will comply with any legal requirements in a particular jurisdiction. You are solely responsible for determining whether the use of the services is in accordance with the laws and regulations of any jurisdiction to which you are subject.

Remedies to Us.

You acknowledge that any breach of these binding Terms or any unauthorized use of the Platform is a material breach of this agreement between you and Us and will cause irreparable harm and injury to Us for which there is no adequate remedy at law. Thus, in addition to all other remedies available at law or in equity, you agree that in the event of such breach We shall be entitled to injunctive or other equitable relief, whether or not liquidated damages are available, without the requirement that we post a bond. Material breach of these binding Terms harms the integrity, functionality, and reputation of Site, detracts from Users’ trust in and use of the Site, and damages our business. Accordingly, you acknowledge and agree that We incur actual damages, which are extremely difficult or impossible to quantify, as a result of material breach of these binding Terms. For the avoidance of doubt, such damages would not constitute an adequate remedy at law or in any way affect your agreement that We would be entitled to injunctive or other equitable relief in the event of such breach.

Governing Law and Venue.

You agree that these Terms will be governed by the laws of the State of New York, excluding its conflicts of law provisions. Sole and exclusive jurisdiction for any suit, action or proceeding arising out of or related to these terms of use shall be in an appropriate state or federal court located in the State of New York, and the parties irrevocably waive any objection they may now or hereafter have to the laying of venue of any such suit, action or proceedings in such a court, and irrevocably waive any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum.

Waiver of Class Action.

Except as otherwise specifically prohibited by applicable law, all disputes arising from or related to this Agreement will be adjudicated on an individual basis and not in a class or representative action or as a member of a class, mass, consolidated or representative action, irrespective of the forum in which such disputes are heard. You will not join any of its claims related to this Agreement with the claim or claims of any other person or entity.

Relationship of the Parties.

Nothing in this Agreement will be construed to create a partnership or joint venture between the parties.

Severance.

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or
that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Reliance on Terms.

We intend to rely on these written Terms and any document expressly referred to in them in relation to the subject matter of any contract between us. We and you will be legally bound by these Terms.

Events or Circumstances Beyond Our Reasonable Control.

If we are prevented or delayed from complying with our obligations under these Terms by anything you, or anyone acting on your behalf, does or fails to do or due to events or circumstances beyond our reasonable control (including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy
supplies, civil commotion, acts of terrorism or war) then our inability or delay in performing our obligations will not be deemed to be in breach of contract.

Termination.

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Platform in the event of any conduct
by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms.

Waiver.

If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

We make no representation that our Platform and Site complies with the laws (including intellectual property laws) of any country outside the United States of America.  If you access our Platform from outside of the United States of America, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

Company Information.

The Platform is owned and operated by Access ETHOS, a company incorporated in Delaware.

For any questions and notices, please contact us at:

info@accessethos.com or visit us at www.accessethos.com