TermsTerms

This page discusses terms and rules of this site.

ETHAIR TERMS OF USE


1. Your Acceptance

Welcome to the Ethair Terms of Use. This is an agreement (“Agreement”) between Ethair, LLC. (“Ethair"), the owner and operator of www.ethair.com and any associated services or software offered (collectively the “Platform”) and you (“you”, “your” or “User”), a User to the Platform.
Throughout this Agreement, the words “Ethair,” “us,” “we,” and “our,” refer to our company, Ethair, as is appropriate in the context of the use of the words.  

By clicking “I agree”, accessing, or using the Platform you agree to be bound by this Agreement and the Privacy Policy.We may amend our Terms of Use or the Privacy Policy and may notify you when we do so.  PLEASE BE AWARE THAT THERE ARE SUBSCRIPTION, ARBITRATION, AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.  If you do not agree to the Terms of Use or the Privacy Policy please cease using our Platform immediately.

2. Submission of Information

Users may be required to submit information or register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All Users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 18.  We reserve the right to verify all User credentials and to reject any Users.

3. Access and Ownership

All rights not explicitly granted to a User are reserved for Ethair. If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion.Additionally, we may revoke your access or license to use our Platform if we believe that your actions may harm us, our business interests, or any third party rights.  Failure by us to revoke your access does not act as a waiver of your conduct.  User agrees that the structure, organization, and code of the Platform along with all software components and related services are proprietary to Ethair and/or Ethair's licensors. Ethair and/or its licensors retain exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform.


4. User Privacy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform.  Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  


5. Use of the Platform

When using our Platform, User is responsible for its use of the Platform. You agree to the following:

  • You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
  • You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
  • You may not use automated bots or other software to send more messages through our Platform than humanly possible;
  • You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
  • You may not access our Platform in an attempt to build a similar or other competitive product;
  • You may not use the Platform in an unlawful manner;
    • You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
    • You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
    • You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
    • You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
    • You may not violate any requirements, procedures, policies or regulations of networks connected to Ethair;
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
    • You may not interfere with or disrupt the Platform;
    • You may not violate any US state or federal laws or regulations and you solely are responsible for such violations;
    • You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
    • You agree that you will not hold Ethair responsible for your use of our Platform; and
    • You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a third party’s website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended.  Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Ethair reserves the right to suspend or terminate any account at any time without notice or explanation.

6. Marketplace Facilitator

Eithair is a marketplace facilitator, and so where required by law, we will be collecting sales tax in the name of the sellers and subsequently remitting such sales tax to the individual states. We will only collect sales tax in the name of a seller if we have reached ‘economic nexus,’ as defined by applicable state law, in a particular state. If we have not reached an economic nexus, we will not be collecting sales taxes until economic nexus is met.

Seller on Eithair’s marketplace that sell on other platforms/marketplaces and have cumulatively reached an individual state’s economic nexus threshold where we do not have nexus will need to operate according to that state’s sales tax law(s) and collect and remit sales tax on their own. These particular sellers can, however, make use of our platform to calculate the sales tax amounts if seller choose to do so.

We will give access (via a seller’s “My Account” tab) to each seller showing the sales tax collected and remitted in that seller’s name.

Sales tax for items purchased via cryptocurrency are collected and remitted in the same manner as transactions via fiat currency. We are not responsible for the calculation or remittance of any cryptocurrency-related investment tax (income or otherwise), such as capital gains or losses on the conversion or disposition of cryptocurrency on our platform. Sellers will be solely and absolutely responsible for reporting their own taxable transactions, and the remittance of tax thereof to any federal, state or local taxing authority, from the conversion or disposition of cryptocurrency on our platform.

7. Refund and Return Policy

It is up to each individual seller to establish its own return policy and communicate any such policy to Users. Likewise, Users should check with sellers to determine whether any return policy exists and, if so, what the terms of the policy are. Nevertheless, we require the sellers to show its return policy in each product listing, as well as any specific comment about its return process.

Should a seller accept returns, we provide them with the following options: (1) accept returns within a specific amount of days (3, 7, 14, 30, or 60); (2) accept returns and offer either a product exchange, a credit, or full refund (money-back); (3) decide whether the seller or you pay the shipping costs; and (4) to post any additional comments to be displayed in the product listing.

If a seller accepts returns and will issue a refund, for transactions in fiat, the full amount will be returned to you if the seller offers you the specific option to receive a return of fiat. If a seller accepts returns and will issue a refund, for transactions completed in cryptocurrency, you will receive a return of your cryptocurrency, less any blockchain and transactions fees.

If a seller does not accept returns and will not issue you a refund, but you nevertheless believe you are entitled to a refund, you may contact us and we will try to facilitate a return/refund, but we cannot guarantee any results.

8. Sellers’ Receipt of Payments

Users who are otherwise buyers may become sellers; all parties that receive payment through the use of our marketplace, whether in fiat or cryptocurrency, agree to receive payments from purchases solely for their own account and not for the benefit or receipt by a third party.


9. User Content

User’s ability to submit or transmit any information through the Platform, including but not limited to data, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant Ethair, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose deemed by us.   Additionally, you grant to Ethair a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Where any User Content is submitted we shall store such User Content in a secure and confidential manner that is compliant with our internal storage policies.

10. Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time.  Specifically, we do not guarantee any uptime or specific availability of the Platform.You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available.  Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results. 

11. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion.  We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.

12. Intellectual Property

The name “Ethair”, the Ethair Platform along with the design of the Ethair Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Ethair, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Ethair reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.

13. Idea Submission

We value your feedback and where applicable you may submit ideas, content, artwork, suggestions, or other works (“Submissions”) to Ethair. Where you submit any Submission, you agree that: (1) your Submissions and their contents will automatically become the property of Ethair, without any compensation to you; (2) where such a grant in sub-section (1) is not possible, your Submission shall be subject to the User Content license grant as stated within this Agreement ; (3) Ethair may use or redistribute the Submissions and their contents for any purpose and in any way; (4) there is no obligation for Ethair to review the Submission; and (5) there is no obligation to keep any Submissions confidential. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Ethair’s products might seem similar to ideas you submitted to Ethair.

14. Disclaimer

THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER ETHAIR, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ETHAIR SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ETHAIR, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. ETHAIR DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. ETHAIR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. ETHAIR DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND ETHAIR SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

15. Limitation of Liability

IN NO EVENT SHALL Ethair, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ETHAIR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.  SOME STATES, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (1) death or personal injury caused by Ethair’s negligence or that of any of its officers, employees or agents; (2) fraudulent misrepresentation; or (3) any liability which it is not lawful to exclude either now or IN THE FUTURE.  WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIVE HUNDRED USD ($500).

16. Indemnity

You agree to defend, indemnify and hold harmless Ethair, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Ethair      Platform;
  • your violation of any term of this      Agreement; or
  • your violation of any third      party right, including without limitation any copyright, property, or      contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Ethair Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

17. Copyrights

We take copyright infringement very seriously.  If you believe that any content owned by you has been infringed upon please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our Platform of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Ethair, [email protected]

Counter Notice

In the event that you receive a notification from Ethair stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA.  Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.
  • The notification reference number (if applicable).
  • Identification of the material and its location before it was removed.
  • A statement under penalty of perjury that the material was removed by mistake or misidentification.
  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
  • Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements.    Please send this counter-notice in accordance with the takedown notice instructions above.

18. Trademark Infringement

We respect the rights of trademark owners and if you believe that your trademark or trade name is being infringed by a user of our Platform, please send us an email with your contact information, the location of the infringing content, and the names of the users infringing on your marks.  Please be sure to provide accurate and detailed information.All trademark complaints should be sent to [email protected]  We may take any action that we deem appropriate in rectifying your complaint.

19. Choice of Law

This Agreement shall be governed by the laws in force in the state of Illinois. The offer and acceptance of this contract is deemed to have occurred in the state of Illinois.

20. Disputes

Any dispute, relating in any way, to your access or use of our Platform or this Agreement shall be submitted to confidential arbitration in Bensenville, IL. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.  Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.   Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief) , in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Cook County, IL.

21. Class Action Waiver

You and Ethair agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

22. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Ethair are deemed to conflict with each other’s operation, Ethair shall have the sole right to elect which provision remains in force. 

23. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

24. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.  All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Indemnification, and Arbitration sections.

25. Termination

We may terminate your access to the Platform if we determine the following: (1) you have violated any applicable laws while using our Platform; (2) you have violated any portion of this Agreement or any of our Platform policies; or (3) where we believe your current or future actions may legally harm Ethair, our business interests or a third party, at our discretion.  In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. 

26. Entire Agreement

This Agreement along with the Privacy Policy and any other supporting agreements provided by Ethair constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our Platform this Agreement shall supersede and control.

27. Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

28. Electronic Communications

The communications between you and Ethair use electronic means, whether you visit the Platform or send Ethair e-mails, or whether Ethair posts notices on the Platform or communications with you via mobile notifications or e-mail.  For contractual purposes, you (1) consent to receive communications from Ethair in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Ethair provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

29. Platform Issues

Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at [email protected]

30. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Ethair must be sent to our agent for notice to: [email protected]

Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.