Terms & Conditions | Ether & Opulence

Last Updated: April 24, 2025

WELCOME

Welcome to Ether & Opulence™ (“we,” “us,” “our”), a digital publication dedicated to conscious luxury, sensory storytelling, and intentional living. By accessing or using our website at www.etherandopulence.com (“Website”), subscribing to our services, or interacting with our content, you agree to be bound by these Terms and Conditions (“Terms”).

These Terms constitute a legally binding agreement between you and Ether & Opulence™. Please read them carefully. If you do not agree with these Terms, please do not use our Website or services.

1. ACCEPTANCE OF TERMS

By accessing our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website following any changes indicates your acceptance of the revised Terms.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Ownership

All content on the Website, including but not limited to text, images, graphics, logos, videos, audio clips, digital downloads, data compilations, software, and the compilation of all content, is the property of Ether & Opulence™ or our content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

2.2 Permitted Use

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes. This license does not include:

Modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any content from our Website
Using data mining, robots, or similar data gathering and extraction methods
Downloading content except as specifically allowed
Using the Website or its contents for any commercial purpose
Accessing or attempting to access any systems or servers on which the Website is hosted
Attempting to introduce viruses or other malicious code to the Website

2.3 Content Submissions

Any content you submit to us (including comments, feedback, and suggestions) becomes our property and we may use it without restriction, acknowledgment, or compensation.

3. MEMBERSHIP AND SUBSCRIPTIONS

3.1 Membership Options

We offer various membership options as described on our Website. By subscribing to our services, you agree to pay all fees associated with the membership tier you select.

3.2 Payment Terms

All payments are processed securely through our designated payment processors. By providing payment information, you represent that you are authorized to use the payment method and agree to pay all charges at the prices then in effect for your selected membership tier.

3.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless canceled before the renewal date. By subscribing, you authorize us to charge your payment method for the renewal term at the then-current rate.

3.4 Refund Policy

Monthly memberships may be canceled at any time but are non-refundable for the current billing period. Quarterly and annual memberships may be canceled at any time, but we do not offer partial refunds for unused time.

3.5 Membership Modifications

We reserve the right to modify, terminate, or otherwise amend our offered membership plans and benefits. Any changes to existing memberships will be communicated via email at least 14 days before implementation.

4. USER ACCOUNTS

4.1 Account Creation

You may need to create an account to access certain features of our Website. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password.

4.3 Account Termination

We reserve the right to terminate or suspend your account and access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

5. USER CONDUCT

5.1 General Conduct

When using our Website, you agree not to:

Violate any applicable laws or regulations
Infringe upon the rights of others, including privacy and intellectual property rights
Post or transmit any content that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, or otherwise objectionable
Harass, threaten, or cause distress to other users
Impersonate any person or entity
Post or transmit any unsolicited advertising, promotional materials, or spam
Attempt to gain unauthorized access to the Website, user accounts, or computer systems
Interfere with the proper functioning of the Website

5.2 Community Interactions

If you participate in comments, discussions, or other interactive features, you agree to communicate respectfully and constructively. We reserve the right to remove any content or restrict participation at our sole discretion.

6. DIGITAL CONTENT AND MATERIALS

6.1 Digital Downloads

Certain membership tiers include access to digital products such as guides, journals, and other materials. These products are for personal use only and may not be reproduced, distributed, or shared without our express written permission.

6.2 Use Limitations

Digital downloads are provided for personal, non-commercial use only. You may not modify, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any digital content obtained through our Website.

7. THIRD-PARTY LINKS AND CONTENT

7.1 External Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Ether & Opulence™. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

7.2 Affiliate Relationships

Some links on our Website may be affiliate links, which means we may earn a commission if you click on the link or make a purchase via the link. All affiliate relationships are disclosed in accordance with FTC guidelines.

8. PRIVACY

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you. By using the Website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

9. DISCLAIMER OF WARRANTIES

9.1 “As Is” Basis

The Website and all content, materials, information, and services provided on the Website are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

9.2 No Guarantees

We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any content, materials, information, or services provided on the Website. We do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.

10. LIMITATION OF LIABILITY

10.1 No Liability for Damages

To the fullest extent permitted by applicable law, Ether & Opulence™ and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:

Your use or inability to use the Website or services
Any unauthorized access to or use of our servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from the Website
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website

10.2 Limitation of Liability

In no event shall our total liability to you for all damages, losses, or causes of action exceed the amount you have paid to Ether & Opulence™ in the last six (6) months, or, if greater, one hundred dollars ($100).

11. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Ether & Opulence™ and its officers, directors, employees, agents, and affiliates 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 Website
Your violation of any term of these Terms
Your violation of any third-party right, including without limitation any copyright, property, or privacy right
Any claim that your content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Website.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Website shall first be resolved through good-faith negotiation. If such negotiation fails, all disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12.3 Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

12.4 Venue

Any arbitration will take place in Jefferson County, Alabama. Any litigation shall be filed solely in the courts located in Jefferson County, Alabama, and you hereby consent to personal jurisdiction in these courts.

13. TERMINATION

13.1 Termination by Us

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

13.2 Termination by You

You may terminate these Terms by ceasing to use the Website and, if applicable, canceling your membership in accordance with Section 3.

13.3 Effect of Termination

Upon termination, your right to use the Website and access any content or services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices and agreements published by us on the Website, shall constitute the entire agreement between you and Ether & Opulence™ concerning the Website and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us.

16. WAIVER

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ether & Opulence™.

17. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.

18. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

Email: hello@etherandopulence.com
Mailing Address: 1034 Main St. #317, Gardendale, AL 35071

By using Ether & Opulence™, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Website or services.

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