On ETH blockchain, everything is available to US ICO investors. EOS is protecting themselves from the SEC, but that protection EOS is trying to put forth doesn't invalidate the rights of a US citizen. It is legal for US citizens to buy foreign investments, the SEC nor any US government does not stop this. It is illegal for foreign entities to advertise securities investments to US citizens. That's what EOS is doing there. And I do not buy the concept that I agree to a EULA when I send an ETH Contract funds, ETH contracts are governed 100% by the blockchain, 0% by traditional legal structures such as a EULA.