These Terms of Participation (the “Terms”) govern your child(ren)’s participation with Ethos Lab (each a “Participant”). Please read these Terms carefully and make sure you understand them. You will be required to accept these Terms in order for your child(ren) to participate in Ethos Lab activities and workshops (collectively, the “Services”). By clicking “Accept” below, you agree, on your own behalf and on behalf of your minor child(ren), to comply with and be bound by these Terms. If you do not agree with these Terms, your child(ren) will not be able to participate in the Services.
- Accepting these Terms
You acknowledge and agree that you are the Participant’s parent or legal guardian and that these Terms will bind you, the Participant, and your respective personal representatives, heirs and assigns.
- Overview of Services
The Services consist of online and in-person activities and workshops for youth aged 12-18. Through the Services, Ethos Lab connects youth to a community that supports personal growth and development, supports cultural diversity, and explores science, technology, engineering and mathematics (STEM).
The Participant must be registered with Ethos Lab in order to use the Services. You agree and acknowledge that all information that you provide to us in connection with registration for the Services, whether about yourself or the Participant, is accurate, complete and current.
As of the date of last update to these Terms, there is no fee for participation in the Services. However, future fee-based programs may be made available to Participants.
- Participant Responsibility
You agree, on behalf of yourself and on behalf of the Participant, that the Participant will, in participating in the Services: (a) treat others with respect and courtesy at all times; (b) respect the equipment and personal property of others; and (c) not use the Services to: (i) attempt to bypass or breach any security measures used in connection with the Services; (ii) gain unauthorized access to the Services; (iii) provide through the Services any information or materials that interfere with or disrupt the integrity or performance of the Services, or that are unlawful or injurious, or contain, transmit or activate any virus, trojan horse, worm, malware or other malicious computer code; or (iv) provide through the Services any information or materials that are sexually explicit, inflammatory, hateful, discriminatory, likely to deceive, are an infringement of the intellectual property rights of a third party, or that are otherwise unlawful.
If we determine, in our sole discretion, that a Participant is abusing the Services or failing to comply with these Terms, we may, without limiting any other remedies available to us, limit, suspend or terminate the Participant’s access to our Services.
- Intellectual Property
- Reservation of Rights. Except as may be expressly provided in these Terms, Ethos Lab reserves all right, title and interest (including any and all intellectual property rights) in and to the Services and any information and materials relating thereto. The trademarks, logos and service marks used in connection with the Services are owned by Ethos Lab or third-party licensors.
- Ownership and Use of Developments. Through participating in the Services, Participants may contribute ideas, suggestions, recommendations, drawings, works, materials and/or feedback (collectively, the “Developments”) to the operations of the Services, the development of Ethos Lab’s online platform, and other projects from time to time. You hereby agree, on your own behalf and on the Participant’s behalf, that the Developments, and any and all revisions and improvements made thereto, will be solely owned by Ethos Lab (free of any moral rights, which are deemed to be waived hereby). The Participant will have a non-exclusive, royalty-free, fully-paid, worldwide, transferrable, sublicensable, irrevocable, and perpetual license to use the Developments, provided that such use is not detrimental to the goodwill and values of Ethos Lab.
- Personal Information
- Publicity Consent
You hereby consent, on your own behalf and on the Participant’s behalf, that Ethos Lab may use and publicly display images, videos, sound recordings and/or the user profile (as may be applicable) of the Participant in any form or media (collectively, the “Images”) in connection with the Services, including, but not limited to, posting to the Ethos Lab website, Instagram, and Facebook. For certainty, you: (a) waive any compensation for any use of such Images; and (b) release and indemnify us from any claims, damages, losses and liabilities arising from our use of the Images.
- Third-Party Services
We may use third-party services (the “Third-Party Services”) in connection with providing our Services to the Participant (e.g., Zoom). We are not responsible for aspects of any services provided by third party service providers. Any use of Third-Party Services is subject to the terms and conditions specific to those services.
WE PROVIDE OUR WEBSITE AND SERVICES ON AN “AS IS” “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF UPTIME, QUALITY, ERROR-FREE OPERATION, VIRUS-FREE OPERATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE, AND THE PARTICIPANT’S USE, OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK AND LIABILITY. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF OTHER PARTICIPANTS, OR THE CONTENT, MATERIALS AND SERVICES OF THIRD-PARTY SERVICE PROVIDERS USED IN CONNECTION WITH OUR WEBSITE AND SERVICES. THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL LAST INDEFINITELY.
- Liability Limitation
OUR MAXIMUM LIABILITY UNDER THESE TERMS IS THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRECEDING ANY CLAIM (IF ANY). IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL LAST INDEFINITELY.
- Acknowledgments & Waiver
You acknowledge that participation in the Services may involve certain risks and danger to the Participant. You further acknowledge that you have been fully informed of the inherent risks applicable to the Participant in the Services, including, but not limited to, injury and possible exposure to illness or disease (e.g., COVID-19) by virtue of proximity to other people and surfaces and/or areas contacted by other people. You, on your own behalf and on behalf of the Participant: (a) assume all risks, dangers, or other consequences occurring before, during, or after the Services, including all risks, dangers, or other consequences caused by the negligence or fault of any person released in these Terms; (b) waive any and all claims or potential claims arising from such risks, damage, or injuries; (c) acknowledge that you and the Participant will abide by all instructions concerning the Services; and (d) represent and warrant that the Participant is physically and mentally able to participate in all Services and agree that none of the persons released under these Terms are responsible for ascertaining the Participant’s physical or mental fitness or abilities. The Participant understands and acknowledges that his/her participation in the Services is voluntary. You represent and warrant that the Participant has adequate insurance coverage for any injury or damage that the Participant may suffer. You and the Participant consent to receive any reasonably appropriate medical treatment that may be advisable for any bodily injury that may occur. In the event of a medical emergency, you agree that Ethos Lab may take whatever steps necessary to obtain proper medical care, including but not limited to: (i) calling an ambulance; and (ii) contacting the Participant’s physician and/or emergency contacts.
You agree to defend, indemnify, and hold harmless Ethos Lab and its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions, demands or losses, including without limitation reasonable legal fees, arising from or in any way relating to your, and/or the Participant’s, breach of or noncompliance with of these Terms. This indemnity obligation will last indefinitely.
- Service Modifications
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We will not be liable to you, the Participant, or any third party for any modification, price change, suspension or discontinuance of the Services.
- Amendments. We may amend these Terms without notice or consent at any time and from time to time by posting the amended Terms on our website. We may also notify you by email of any such updates. You can determine when these Terms were last revised by referring to the “LAST UPDATED” reference expressly provided above. The Participant’s continued access and use of the Services constitutes your acceptance of the amended terms.
- Assignment. We may assign these Terms and all your consents contained herein, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under these Terms, either in whole or in part, without Ethos Lab’s prior written consent in each instance. These Terms will enure to the benefit of and be binding upon the parties to these Terms and their respective successors, heirs and permitted assigns.
- Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waivers will not be effective unless in writing.
- Severability. The invalidity or unenforceability of any provisions of these Terms will not affect the validity or enforceability of any other provision of these Terms, which will remain in full force and effect.
- Governing Law. These Terms are governed and interpreted pursuant to the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia. The foregoing will not limit our right to enforce these Terms in any other jurisdiction if reasonably necessary or advisable in our sole discretion.
- Trial Waiver. On behalf of yourself and on behalf of the Participant, you hereby irrevocably and unconditionally agree to waive any right you may have to a trial by jury, or to commence or participate in any class action against us related to the Services and/or these Terms.