Privacy Policy

Terms of Use

TERMS OF USE
These TERMS OF USE (this “Agreement”) concern the AthosGroup.com website (together with its pages and features, the “ Site”). This Agreement is made and entered into by and between you and any person helping you visit, access or uses the Site (collectively, “you” or “your”), on the one side, and Athos Group, LLC (“ Athos”), on the other side. You and Athos are sometimes referred to herein, individually, as a “Party” and, collectively, as the “ Parties.”

Please read this Agreement carefully before accessing or using the Site because it constitutes a legally binding contract between you and Athos. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for waivers of jury trials and class actions.

You are automatically accepting and agreeing to the most recent version of this Agreement whenever you visit, access or use the Site; and your continuing visit, access or use of any of the foregoing reaffirms your acceptance and agreement in each instance.

If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing or using the Site.

Athos may supplement, amend or otherwise modify this Agreement at any time. Such modifications will be posted on this or another page of the Site, as Athos deems appropriate in its sole discretion, and such modifications shall be deemed effective as of their stated effective or modification dates. It is your responsibility to carefully review this Agreement each time you visit, access or use the Site.

1. Eligibility
The Site is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted this Agreement. By visiting, accessing or using the Site, you represent and warrant to Athos that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing and using the Site.

2. Privacy.
Athos respects the privacy of others. Athos’s policies concerning the collection and use of your personal information in connection with the Site are set forth in the Site’s Privacy Policy, which you should carefully review each time you visit, access or use the Site.

3. Your Devices.
Certain portions of the Site may be configured for, and Athos may offer the Site through, certain computers, tablets, smartphones or other electronic devices (“ Device(s)”), and this Agreement shall apply with equal force and measure to your visit, access and use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly visit, access and use the Site. Athos does not guarantee that the Site or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier or network. If you visit, access or use the Site through a particular Device, then you hereby acknowledge and agree that information about your use of the Site through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to Athos and/or certain third parties (such as, by way of example only, your Device’s carrier or network). All or any part of the voice, message and data fees, rates, charges and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access and/or use of the Site. Athos is not responsible for, and you further accept full responsibility for, all Device carrier and network fees, rates, charges and taxes which may apply, if any.

4. Ownership.
The Site and all elements and derivatives of the Site (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Athos. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Athos’s or its licensors’ respective rights and remedies under applicable law.

5. Rights, Permissions, and Consents.
a. License of the Site.
Subject to the terms and conditions of this Agreement, Athos grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. Your unauthorized use of the Site, or any breach by you of this Agreement, automatically terminate this license.

b. License of User Materials.
All names, videos, photographs, information, communications and any other content that you submit to or publish on, through or in relation to the Site, including those which you submit to or publish on any online social media account (e.g., Facebook, Google Plus, Twitter, Instagram) that you own and link or otherwise associate with the Site, if any and as applicable, is hereinafter defined as the “User Materials.” You hereby grant Athos an irrevocable, non-exclusive, royalty-free, fully-paid, transferable, sub-licensable, perpetual and universe-wide license for Athos to host, store, reproduce, transmit, distribute, sell, resell, license, sublicense, market, modify, adapt, create derivative works, communicate, publish, syndicate, publicly perform, publicly display, archive and otherwise use and exploit all or any part of such User Materials and any elements and derivatives thereof in any manner, medium or form, whether now known or hereinafter devised, as Athos sees fit in its sole discretion.

c. Reservation of Rights.
Nothing in this Agreement restricts or limits Athos’s rights, titles or interests in or to the Site, the User Materials or any elements or derivatives of the foregoing.

d. Warnings; Disclaimers.
Please note that the User Materials might become the subject of public disclosure. Thus, Athos is not responsible for, and expressly disclaims any liability arising from or in connection with, its use of any User Materials in accordance with the terms and conditions of this Agreement.

6. Suspension or Termination of Service; Disclaimer.
Athos has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site. Athos shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such suspension or termination (including, without limitation and by way of example only, refunds, lost profits, lost opportunities, monetary damages, disruption in or loss of service or loss of content) .

7. Electronic Communications.
a. Express Consent.
You hereby expressly consent to Athos and its affiliated companies sending you any type of electronic message (including, without limitation advertisements and other commercial e-mails, informational e-mails, and electronic notices, updates, and newsletters), whether through the Site or by e-mail, online social media or any other electronic media means or forms. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act or any other applicable laws, rules or regulations. Voice, message, and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same.

b. Opt-Out.
You may opt-out of receiving any electronic messages from Athos as described in section 7(a) above at any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to privacy@athosgroup.com, with a subject line of “Opt-Out of Electronic Communications.” You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site and/or your ability to receive certain messages and/or notifications from Athos.

8. Submissions.
Athos does not accept unsolicited materials or ideas for content, and you acknowledge and agree that neither Athos nor any of Athos’s agents, employees, vendors, parents, subsidiaries, affiliates, successors, assigns or transferees are responsible or liable to you for the similarity of any information or content submitted, published, provided or made available on, through or in relation to the Site.

9. Prohibited Activities.
You shall not engage in any of the following activities at any time with respect to the Site: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Athos or its licensors with respect to the Site); (c) the reproduction of the Site or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Athos herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site or its servers; or (n) any other act that Athos becomes aware of and believes in good faith is improper, illegal or harmful to the Site, its servers or any person, entity or property.

10. Links to Other Sites, Apps, Networks, Platforms, and Servers.
a. Linked Technologies.
The Site and/or any communications sent on, through or as a function of the Site may contain links to third-party websites, networks, platforms, servers and/or applications, and, similarly, third-party websites, networks, platforms, servers, applications and/or communications may contain links to the Site (collectively, “ Linked Technologies”). The Linked Technologies are not under the control of Athos. The Site and any such communications contain the outgoing links as a convenience to you, if for any purpose.

b. Disclaimer About Linked Technologies.
Athos is not responsible for any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies (including, without limitation and by way of example only, malicious software, spyware programs, inaccurate information and illegal content). Athos does not make, nor has Athos made, any representations or warranties (express, implied or otherwise) concerning the terms of use or service, privacy policies, agreements, information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from the Linked Technologies; nor shall the fact that the Site may link to or from any Linked Technologies constitute an affiliation with, association with or endorsement of such Linked Technologies or any information, content, goods, services, promotions, advertisements, programs, codes or other items which may be found on or excluded from such Linked Technologies. If you decide to access any Linked Technologies, then you do so at your own risk.

11. Take Down.
Athos reserves the right, but not the obligation, to take down or otherwise excluded from the Site, without notice or recourse, any communications, names, photographs, information and/or content made or submitted by you or others on or through the Site that Athos believes at any time and in its sole discretion to be infringing or otherwise in violation of the proprietary, privacy or publicity rights of any person or entity; defamatory, disparaging or embarrassing of or towards any person or entity; profane, indecent or obscene; derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; threatening; abusive; false, misleading or deceptive; or otherwise illegal or something that Athos considers unsuitable for the Site or its users.

12. User Representations, Warranties, and Covenants.
You represent, warrant and covenant to Athos that: (a) you are a natural person and of eighteen (18) years of age or older, or otherwise the age of majority in your jurisdiction; (b) you have read and understand this Agreement in its entirety; (c) you have the full right and authority to enter into and abide by the terms and conditions of this Agreement; (d) you understand and acknowledge that by accepting this Agreement you are giving up certain legal rights and remedies; (e) you voluntarily accept and agree to, and will fully comply with, the terms and conditions of this Agreement; (f) you will not violate any applicable international, federal, state or local laws which may concern the Site, the Site’s servers or any information, communications or content found on or through them; (g) you are the exclusive owner of all rights, titles and interests in and to the User Materials (including, without limitation, all copyrights, trademarks, patents, trade secrets, rights of publicity and rights of privacy) and/or, if applicable, have secured all necessary rights and permissions from all subjects depicted in, and all persons and entities who contributed to, the User Materials to allow for your performance and grant of rights hereunder; (h) the User Materials are wholly original to you; (i) the User Materials do not and will not infringe upon or otherwise violate the proprietary, publicity or privacy rights of any person or entity; (j) the User Materials do not and will not defame, disparage, embarrass or disclose confidential, private or personal information about or belonging to any person or entity; (k) nothing contained in the User Materials is or will be, or contains or will contain, links to material that is profane, indecent, obscene, threatening, abusive, illegal, false, misleading or any form of spam, malware, virus, bug, bot, spyware or other malicious or tracking technology; (l) Athos is not required to seek the permission of or compensate any third party to exercise any of the rights granted by you under this Agreement; (m) no obligation, disability, agreement or adverse claim exists that may restrict your performance or grant of rights hereunder; (n) all information you provide to Athos in connection with your visit, access or use of the Site is truthful and accurate; and (o) you are not listed on any United States government list of prohibited or restricted parties.

13. Disclaimers and Limitations.
a. General Disclaimer.
Your visit, access or use of the Site and/or any products or services made available to you on, through or in relation to the Site in any way is done at your own risk. The Site, those products and services, the success or performance of the Site or those products and services and all information, communications, content and features offered, marketed, sold, provided, licensed or made available on, through or in relation to the Site or those products and services are provided to you on an “as is,” “where is,” “ as available,” and “with all faults” basis. Athos does not make, nor has Athos made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written, or express or implied) to you with respect to the Site, any of those products and services, any such information, communications, content and features or their success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety. Athos expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, performance, functionality, quality, completeness, accuracy, reliability and safety) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, those products and services, any such information, communications, content or features and their success, performance, functionality, quality, completeness, accuracy, reliability, marketability and safety. Athos does not make, nor has Athos made, any affirmation of fact, promise or warranty (express, implied or otherwise) relating to the Site or any such information, communications, content or features or its success, performance, functionality, quality, completeness, accuracy, reliability, marketability or safety that extends beyond the face of this Agreement or that has become any basis of any bargain.

b. Disclaimer About System Delays.
You understand and acknowledge that the Site may be subject to limitations, delays and other problems inherent in the use of third-party communication networks and facilities that are outside of Athos’s control. Accordingly, Athos shall not be responsible for, and expressly disclaims, any delays, failures, losses, injuries, liabilities or damages associated with the Site which result from any system delays, downtimes, interruptions or other failures of our problems with the Site which are outside of Athos’s control (including, without limitation, scheduled maintenance or network failure).

c. Disclaimer About Certain Information, Communications and Content.
Any opinions, advice, reviews, statements, offers or other information, communications or content found on, through or in relation to Athos, the Site or any third-party providers (including, without limitation, online forums, other websites, advertisements, and social media pages) are those of their respective authors, and not necessarily those of Athos; thus, they should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such information, communications or content. Athos does not guarantee, adopt or endorse the accuracy, completeness, reliability or usefulness of any such information, communications or content, even if Athos is the author. Athos is not responsible for the accuracy, completeness, reliability or usefulness of any such information, communications or content. Under no circumstances shall Athos be liable to you or any third parties for any loss or damage caused by or arising from or in connection with your reliance on any such information, communications or content.

d. Limitation of Liability.
In no event shall Athos or any of Athos’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: (i) your visit, access or use of the Site, or your inability to visit, access or use the Site; (ii) any products or services made available on, through or in relation to the Site; (iii) any statements, content or conduct of any third party on, through or in relation to the Site or any such products or services; (iv) any unauthorized access to or alteration of your personal information; (v) any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s) or network(s); (vi) any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your Device(s), software, operating system(s), file(s), carrier(s) or network(s); (vii) the fact that you have relied on any information, content or communications published on, through or in relation to the Site or any such products or services; or (viii) any acts, errors or omissions of any third-party providers. If you are dissatisfied with the Site or any products or services offered, sold, licensed or made available on, through or in relation to the Site, then your sole and exclusive remedy is to discontinue your access and use of the Site and such products and services.

e. No Injunctive Relief.
If Athos breaches or otherwise violates this Agreement, then you shall not be entitled to seek or obtain, and you do hereby waive, any type of injunctive relief against the Site and/or any products or services made available on, through or in relation to the Site as a result of such breach or other violation. For the avoidance of doubt, the foregoing limitation on injunctive relief does not limit your ability to seek or recover any monetary remedies authorized by law in the event of any such breach or other violation (except for those which are otherwise expressly precluded by this Agreement).

f. Limitation of Remedies.
If Athos breaches or otherwise violates this Agreement, then in no event shall you be entitled to recover any special, incidental, consequential, speculative or punitive damages arising out of or in relation to such breach or other violation, even if Athos has been notified of the possibility of such damages.

g. Consumer Protections.
The disclaimers and limitations set forth in this section 13 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.

14. General Release of Claims.
You hereby release and hold harmless Athos and Athos’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against all claims that you have or may have against them for infringement, violation of the rights of privacy or publicity, defamation, disparagement, unpaid benefits, unpaid wages, overtime, discrimination, personal injury, property damage, negligence and/or any other legal theory arising from or in connection with the Site, the products or services made available on, through or in relation to the Site and/or the rights and privileges granted or conveyed by you under this Agreement (including, without limitation, those rights and privileges relating to the User Materials and/or any elements, derivatives or marketing of the foregoing). Further, you waive your right to, and in no event shall you seek to, enjoin Athos, any of Athos’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees or any exercise of the rights or privileges granted or conveyed by you under this Agreement (including, without limitation, the User Materials).

You also hereby waive any rights you have or may have under section 1542 of the California Civil Code and any other statute or common law principle of similar effect, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

15. Indemnification.
You hereby agree to indemnify, release and hold harmless Athos and Athos’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with (a) your acts, errors or omissions, (b) your use of the Site or any products or services made available on, through or in relation to the Site in any manner contrary to the terms and conditions of this Agreement, (c) your violation of the rights of or other injury to any third party, and/or (d) your breach of all or any part of this Agreement.

16. Term; Termination; Survival.
This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. Athos may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if Athos believes that you have violated or acted inconsistently with any term or condition of this Agreement). If this Agreement is terminated for any or no reason, then all rights granted to you under this Agreement shall automatically revert back to Athos, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of Athos and/or any of Athos’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.

17. Governing Law.
This Agreement, the additional terms, conditions and policies referenced herein (including the Site’s Privacy Policy ) , your visit, access or use of the Site, any transactions made on, through or in relation to the Site, any products or services purchased on, through or in relation to the Site, the Parties’ relationship and all disputes, controversies and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Texas in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever to this Agreement and the subject matter hereof.

18. Dispute Resolution.
a. Forum; Venue.
Each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of Dallas County, Texas, United States of America, and the United States federal courts in the Northern District of Texas, Dallas Division, for the litigation of any and all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions or policies referenced in this Agreement (including the Site’s Privacy Policy), your visit, access or use of the Site and/or any products or services offered or made available on, through or in relation to the Site (collectively, the “Dispute(s)”), and each Party hereby covenants and agrees that neither of the foregoing is an inconvenient forum or venue.

b. Waiver of Jury Trial and Class Action.
To the fullest extent permitted by law, each Party does hereby waive his/her/its right to a trial by jury, to participate as a member of a class in any purported class action or other proceeding or to name unnamed members in any purported class action or another proceeding.

19. Notice.
Unless otherwise expressly stated in this Agreement, Athos may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, as applicable, or by email to your email address as you may provide to Athos on or through the Site, and such notices shall be deemed effective as of their stated effective dates.

20. Relationship.
In no event shall this Agreement, the performance of a Party’s rights or obligations under this Agreement, the Site or a Party’s visit to, access of or use of the Site create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you and Athos.

21. Miscellaneous.
a. Electronic Signatures.
If your acceptance of this Agreement is further evidenced by your affirmative assent to the same (e.g., by a “check the box” acknowledgment procedure), then that affirmative assent is the equivalent of your electronic signature to this Agreement. However, for the avoidance of doubt, your electronic signature is not required to evidence or facilitate your acceptance and agreement to this Agreement, as you agree that the conduct described in this Agreement as relating to your acceptance and agreement to this Agreement alone suffices.

b. Excused Performance. Athos is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
c. Assignment and Delegation.
You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Athos’s prior written consent in each instance.

d. Construction and Interpretation.
This Agreement shall be construed to have been drafted by all of the Parties so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.

e. Headings.
Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.

f. Severability.
If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.

g. Entire Agreement.
This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including the Site’s Privacy Policy ), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof, supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter, and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.

22. Contact Us.
Please direct any questions you may have about the Site or this Agreement to privacy@athosgroup.com, with a subject line of “Website Question.” The foregoing contact information may change from time to time through supplementation, amendment, or modification of this Agreement.

23. Effective Date.
This Agreement is dated effective as of June 20 the, 2018.