TERMS OF USE/USER AGREEMENT
These Terms of Use apply to the 3rd-i Technology Inc. Website and Mobile Applications (collectively, the “Services”). As used in these Terms of Use, “3rd-i“, “our” “us”, or “we” refers to 3rd-i Technology Inc. a Delaware Corporation and its subsidiaries and affiliates. This User Agreement (“Agreement”) constitutes a legal agreement between you, an individual as a User of the Services and 3rd-i Technology Inc. The 3rd-i App (“3rd-i”) live streams video and audio to individuals of the users’ choice and backs up the stream to the cloud which is downloadable to the users’ devices along with features such as messaging, location sharing, AI audio ‘help’ feature, and a dispatching service (the “Services”).”
The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your (“Your” “You” or “User”) access to and use of this website (the “Website”) and use of the Services.
Please read the Terms of Use carefully before you start to use the Website or Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available at https:/www.3rd-i.org. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.
This Website and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Website or Services.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.
BE ADVISED THAT 3rd-i HAS NO DUTY TO PERFORM AND SHALL NOT PERFORM ANY CRIMINAL BACKGROUND CHECKS, CRIMINAL RECORD CHECKS OR SEX OFFENDER CHECKS PERTAINING TO ANY USER THAT MIGHT USE THE SERVICES.
Be careful with interacting with people on or off of 3rd-i. 3rd-i is not responsible for the actions of its users or your interactions with them. We do not conduct background checks. There is no guarantee that neighbors, people in your community, strangers, and 3rd-i users are good, kind, and loving people.
You are solely responsible for all of your interactions with all Users of the Services that you contact, or that contact you. Be advised that there are risks, including but not limited to the risk of physical harm, robbery, or assault that could occur when dealing with strangers, including persons who may be acting under false pretenses. Please use caution with regard to the information you elect to share as part of your User Profile or in any communication you engage in with any other Users through the Services. You should only list the contact information that you are comfortable disclosing as a User of the Services.
This User Agreement may be modified from time to time, so check back often. If we make a material change to this User Agreement, we will also post on the Services a prominent notice that a change was made. Continued access, visitation and/or use of the Services by you, or continued receipt of a Product, will constitute your acceptance of any changes or revisions to the User Agreement.
GPS Tracking - Users Have The Ability To Turn Off GPS Tracking
The App uses GPS tracking to enable a third party (another user of the app) to track the exact location of the user when using the app. The app user controls who they give access to track the user’s exact location. At any time, the user can turn off the GPS tracking feature and the user is no longer being tracked by the third party.
We may also collect and share the physical location of your device for purposes consistent with this Policy, such as to provide you with personalized location-based services or content. In some instances, you may be permitted to allow or deny such use of your device’s location, but if you choose to deny such use, we may not be able to provide you with the applicable personalized services or content. We may also use your location information to improve the Services.
You understand and agree that 3rd-i utilizes Agora, a live, interactive voice and video messaging service, and that 3rd-i has no liability for any damages you might suffer while using Agora. For your safety, a user cannot turn off Agora’s services while using the 3rd-i app. https://www.agora.io/en/privacy-policy/ https://www.agora.io/en/terms-of-service/.
You understand and agree that 3rd-i utilizes Noonlight which offers safety and security services providing emergency response solutions, and that 3rd-i has no liability for any damages you might suffer while using Noonlight. For your safety, a user cannot turn off Noonlight’s services while using the 3rd-i app. https://www.noonlight.com/terms https://www.noonlight.com/privacy.
1. Definitions
1.1 “App” or “User App” means the mobile application “ 3rd-i” provided by 3rd-i that enables you to access the Services.
1.2 “ 3rd-i Data” means all data related to the access and use of the 3rd-i Services hereunder, including all data related to Users (including User Information).
1.3 “User” means an individual who has registered to use the Services.
1.4 User Data is any material or content (“Content”) created by you or other Users of the Service that you upload through your use of the Services, including but not limited to, text, data, software, graphics, images (e.g. photos, drawings), audio, video, interactive features, feedback, ratings, suggestions and comments (e.g. to bulletin boards, chats, discussion groups, feedback areas, newsgroups or e-mail). You are solely responsible for any User Data that you upload and publish to the Services, including complying with these Terms. In order to upload any User Data to the Services, you must have “accepted” these Terms by clicking the “I accept” box before submitting the User Data through the Services, and you must have an active, authorized account with 3rd-i. By uploading user data to your User Feed you consent to use all such User Data subject to the terms and conditions contained in this agreement.
1.5 “Services” shall mean the services licensed by 3rd-i to you that enables you to access the Services to use the App and Services. The Services, which includes the 3rd-i Software and its content (Content and Software) including the provision of the Services via the API and is owned by or licensed to 3rd-i and is protected by US laws. 3rd-i owns (or is the licensee of) the Intellectual Property rights in the Content and Software including, but not limited to, copyright which subsists in all creative and literary works incorporated into the Content and Software. You agree that, as between you and 3rd-i, 3rd-i owns all Intellectual Property rights in the Content and Software and that nothing in this agreement constitutes a transfer of any Intellectual Property in the Content and Software. Your use of the Content and Software does not grant a license or act as a right to use any Intellectual Property in the Content and Software, whether registered or unregistered, except as stated in this agreement, or with 3rd-i’s written permission.
1.6 “Your Device” means a Device owned or controlled by you: (a) that meets the then-current 3rd-i specifications for Devices; and (b) on which the User App has been installed as authorized by 3rd-i solely for the purpose of accessing the Services.
2. Use of the Services
2.1 REGISTRATION: Registration and setting up an 3rd-i account are required to view most User Data as part of the Services, to use certain functionality of the Services, to post User Data and to participate in programs we may sponsor from time to time. We offer a free trial for thirty (30) days with access to the Services with limited features. Please note: your free-trial subscription will automatically renew as a paid subscription unless you cancel at least 24 hours before the end of the free-trial subscription period or, if you purchased through Google, before the end of the trial period.
There are no sign up, cancellation or registration fees. To access all of the features of the Services you are required to pay a monthly subscription fee.
The app is currently free of charge as we go through testing and formulate subscription plans.
2.2 To register, you will have to create a 3rd-i account. You will be asked to register with 3rd-i and select a password and username (for example, “3rd-i Member1”). You shall provide 3rd-i with accurate, complete, and updated registration information. For a full listing of all information We collect from you please see our Privacy Policy. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your 3rd-i account. You may not (i) select or use, as a user name, a name of another person with the intent to impersonate that person; (ii) use, as a username, a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. 3rd-i reserves the right to refuse registration of, or cancel an 3rd-i account in its sole discretion. You are solely responsible for the activity that occurs on your 3rd-i account, and you must keep your 3rd-i account password secure. You must notify 3rd-i immediately of any breach of security or unauthorized use of your 3rd-i account. Although 3rd-i will not be liable for your losses caused by any unauthorized use of your 3rd-i account, you may be liable for the losses of 3rd-i or others due to such unauthorized use. All registration information provided by you shall be subject to 3rd-i’s Privacy Policy or any successor thereto. You also have the ability to sign into the App using your Google, Facebook or Apple accounts.
LIMITED LICENSE AND ACCESS
Subject to your continued compliance with the Terms of Use, including without limitation the timely payment of all applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to access and use our Services (whether through the Website, through our web based app or by downloading and installing the Mobile App, including any updates and bug fixes). Your use is limited for your personal, noncommercial use only.
The Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without the express written consent of 3rd-i. Furthermore, except for the limited rights granted in this Section, you will not (and will not encourage or assist any third party to): (i) modify, alter, tamper with, repair or otherwise create derivative works of the Services or any software or technology included in or used or distributed by 3rd-i to provide the Services; or (ii) reverse engineer, disassemble or decompile the Services, or attempt to discover or recreate the source code for the Services.
You may only use a crawler to crawl this Website as permitted by this Website’s robots.txt protocol, and 3rd-i may block any crawlers at its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited. All rights not expressly granted herein are reserved.
You may not copy, modify, distribute, sell, or lease any part of our Website or Services, nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.
Except for the limited permission in the preceding paragraphs, 3rd-i does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
You agree that at any time in our sole discretion, without notice to you and without liability of any kind, we may make improvements and/or changes to this Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.
3. USE WITH YOUR MOBILE DEVICE
Use of the Website and Services may be available through a compatible mobile device (“Device”), Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. When using the App and Services, you are responsible for ensuring that your use of the App and Services is in compliance with all applicable laws in the states you reside or do business in.
3rd-i MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
A. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
B. ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
C. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
3.1 When using Your Devices hereunder: (i) you are responsible for the acquisition, cost and maintenance of Your Devices as well as any necessary wireless data plan; and (ii)
3rd-i shall make available the User App for installation on Your Device.
3rd-i hereby grants you a personal, non-exclusive, non-transferable license to install and use the User App on Your Device solely for the purpose of seeking to use the Services. You agree to not provide, distribute or share, or enable the provision, distribution or sharing of, the User App (or any data associated therewith) with any third party. You agree that: (i) use of the User App on Your Device requires an active data plan with a wireless carrier associated with Your Device, which data plan will be provided by you at your own expense; and (ii) use of the User App on Your Device as an interface with the Services may consume very large amounts of data through the data plan. 3rd-i SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.
3.2 Downloading Mobile App. You may access the Mobile App which can be downloaded from an applications store or applications distribution platform, such as the Apple Mobile App Store or Google Play, (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms & Conditions are entered into between us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms & Conditions; (v) the Mobile App Provider and its subsidiaries are third party beneficiaries of these Terms & Conditions as it relates to your license of the Mobile App, and that, upon your acceptance of these Terms & Conditions, the Mobile App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms & Conditions as related to your license of the Mobile App against you as a third party beneficiary thereof; and (vi) you must also comply with all applicable third party terms of service when using the Services.
In-App Purchases. Through the Services, all of your purchases while using the App are done through either the Apple store or the Google Play service and you are agreeing to their respective Terms and Conditions. We do not store any credit card and/or financial information on our servers. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). Habit Ally is not a party to any In App Purchase.
Subscription Changes and Price Modifications
Adjustment of Subscription Terms: We reserve the right, at our sole discretion, to modify, suspend, or terminate any subscription service or replace, change, or update any part of these subscription terms at any time. This includes, but is not limited to, changing the scope of the subscription services, subscription fees, billing methods, and service features.
Price Changes: We may adjust the pricing for our subscription services at any time at our sole discretion. Any price changes will take effect following email notice to you or an announcement on our service platform.
Notification of Changes: We will provide advance notice before any new subscription terms or price changes take effect. Notification will be sent to the email address associated with your account or will be prominently displayed on our service platform.
Continued Use After Changes: Your continued use of the subscription service after the notice period constitutes your acceptance of the changes. If you do not agree with the changes, you have the right to cancel your subscription before the new terms or prices take effect.
Cancellation Rights: If you do not wish to continue with the subscription under the new terms or pricing, you may cancel your subscription by following the cancellation procedures provided in your account settings or as otherwise provided in our service communications.
Effect of Cancellation: Upon cancellation, you will lose access to the subscription services after the end of your current billing cycle, and no further charges will be applied to your account for the canceled subscription service.
Purchases & Cancellation Rights.
(A). Subscriptions.
To access all of the features of the Services you are required to pay a monthly subscription fee. You will be offered a discount if you pay for the Services in one annual payment. Payments are processed and facilitated by Stripe. https://stripe.com/legal/consumer.
All cancellations will take effect starting at the end of the then current billing period. For example, if you have a monthly subscription that began on the first of the month but canceled mid-month, your cancellation will be effective as of the end of that month. Sorry– there are no refunds on paid subscriptions once the charge has gone through for the billing period.
You may uninstall Services paid applications at any time at your discretion. All purchases of paid applications are non-refundable.
Automatic Renewal
Paid subscriptions to the Services are auto-renewing. You will be charged the stated subscription amount for the subscription period upon completion of your registration and submission of your payment information or, if applicable, at the end of your free trial period if you have not canceled at least 24 hours in advance of the expiration of the trial period. You hereby agree to and authorize automatic (recurring) billing, and you agree to pay the charges made to your account in connection therewith. You will be billed at the then-current applicable subscription price plus any applicable taxes. Payments for renewal subscriptions are processed using the same billing cycle as your current subscription. Subscription fees may change at any time, to the fullest extent permitted under applicable law. Your subscription, and monthly billing of your account, will continue indefinitely until canceled by you in accordance with the Cancellation section of this Agreement.
3.3 Restrictions. You shall not, and shall not allow any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the Services, Website, any Content of any kind or any 3rd-i Data in any way; (b) modify or make derivative works based upon the Services or Website; (c) improperly use the Services or Website, including creating Internet “links” to any part of the Services or Website, “framing” or “mirroring” any part of the Services or Website on any other websites or systems, or “scraping” or otherwise improperly obtaining data or content from the Services or Website; (d) reverse engineer, decompile, modify, or disassemble the Services or Website, except as allowed under applicable law; or (e) send spam or otherwise duplicative or unsolicited messages. In addition, you shall not, and shall not allow any other party to, access or use the Services or Website to: (i) design or develop a competitive or substantially similar product or service; (ii) copy or extract any features, functionality, or content thereof; (iii) launch or cause to be launched on or in connection with the Services an automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Services; or (iv) attempt to gain unauthorized access to the Services or its related systems or networks.
3.4 Ownership. The Website, Services and 3rd-i Data, including all intellectual property rights therein, are and shall remain (as between you and 3rd-i) the property of 3rd-i, its Affiliates or their respective licensors. Neither this Agreement nor your use of the Website, Services, Website or 3rd-i Data conveys or grants to you any rights in or related to the Services, Website or 3rd-i Data, except for the limited license granted above. Other than as specifically permitted by the Services in connection with the Services, you are not permitted to use or reference in any manner 3rd-i’s, its Affiliates’, or their respective licensors’ names, logos, products and service names, trademarks, service marks, trade dress, copyrights or other indicia of ownership, alone and in combination with other letters, punctuation, words, symbols and/or designs (the “3rd-i Marks and Names”) for any commercial purposes. You agree that you will not try to register or otherwise use and/or claim ownership in any of the 3rd-i Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark, name or title, for any goods and services.
3.5 Except for User Data and the content accessible through the Services, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features (collectively, the “ 3rd-i Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are owned by or licensed to 3rd-i, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these Terms, the 3rd-i Content, Marks, and User Data are provided to you for your information and non-commercial, personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these Terms, or without the prior written consent of the respective owners. 3rd-i reserves all rights not expressly granted in and to the Services and the 3rd-i Content. If you download or print a copy of the 3rd-i Content, or User Data, you must retain all copyright and other proprietary notices contained in or on such content and material. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any 3rd-i Content, Marks or User Data.
3.6 You represent, warrant, and agree that any information or materials you submit to or post on the Website or Services (a) shall be true, accurate, and current; (b) will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another’s use of the Website; (d) will not promote illegal or harmful activities; and (e) will not be illegal, unlawful or contrary to any applicable laws or regulations were created, displayed, or accessed.
3.7 We do not claim ownership of the User Data. You hereby acknowledge and agree that You remain the owner of all right, title and interest in the User Data if applicable, including without limitation any copyrights therein and/or that You have permission from the rightful owner (“rightful owner”) without infringement or violation of any third party rights of the User Data.
3.8 Nothing is changing about your rights in the User Data. We do not claim ownership of the User Data or any third party posts on or through the Services via your User Feed and you are free to share the User Data with anyone else, wherever you want. However, we need certain legal permissions from you (known as a “license”) to provide the Services. When you share, post, or upload User Data that is covered by intellectual property rights (like photos or videos) on or in connection with our Services, you hereby grant to Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of the User Data (consistent with your privacy and application settings). This license will end when your User Data is deleted from our systems. You can delete User Data individually or all at once by deleting your account.
3.9 You also grant Us Permission to use your username, profile picture, and information about your relationships and actions with accounts, ads, and sponsored content.
3.10 You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on our Services, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on the Services. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.
3.11 You agree that we can download and install updates to the Services on your device.
4.1 USER CONDUCT.
As a condition of use, you agree not to use the Services for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
4.2 By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Data using any communications service or other service available on or through the Services, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; or (ii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence; or (iii) misrepresents the source or identity of any content; or (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; or (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of 3rd-i or any third party; or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of 3rd-i; or (vii) constitutes an offer, for sale or otherwise, of firearms, explosives, weapons, tobacco products, controlled substances, pharmaceutical products, counterfeit or stolen articles, registered or unregistered securities, or any items that would cause 3rd-i to violate any applicable law or regulation; or (viii) interferes with the ability of any other user to access and make use of the Services. 3rd-i may, but has no obligation to, monitor your use of the Services and terminate your account for violation of the above.
4.3 You don’t have to disclose your identity while using the Services, but you must provide us with accurate and up to date information (including registration information), which may include providing personal data. Also, you may not impersonate someone or something you aren’t, and you can’t create an account for someone else unless you have their express permission.You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose You can’t violate (or help or encourage others to violate) these Terms or our policies. You can’t attempt to create accounts or access or collect information in unauthorized ways.This includes creating accounts or collecting information in an automated way without our express permission. You can’t sell, license, or purchase any account or data obtained from us or our Services. This includes attempts to buy, sell, or transfer any aspect of your account (including your username); solicit, collect, or use login credentials or badges of other users; or request or collect 3rd-i usernames, passwords, or misappropriate access tokens. You can’t post someone else’s private or confidential information without permission or do anything that violates someone else’s rights, including intellectual property rights (e.g., copyright infringement, trademark infringement, counterfeit, or pirated goods).
4.4 You may use someone else’s works under exceptions or limitations to copyright and related rights under applicable law. You represent your own or have obtained all necessary rights to the content you post or share while using the Services. You can’t modify, translate, create derivative works of, or reverse engineer our products or their components. You can’t use a domain name or URL in your username without our prior written consent.
4.5 Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in 3rd-i sole discretion, an unreasonable or disproportionately large load on 3rd-i infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures 3rd-i may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (iv) interfere with any other user’s enjoyment of the Service, including, without limitation, accessing an 3rd-i account of an 3rd-i user that is not yours.
4.6 You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Services or any content available through the Site (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer or sublicense any of the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
4.7 You shall not launch or otherwise use any robot, spider, scraper or other automated means to create an account or access the Services in a manner which sends more request messages to the 3rd-i server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the site for the sole purpose of creating publicly-available searchable indexes of the materials, but not caches or archives of the materials; provided, that we reserve the right to revoke these exceptions either generally or in specific cases.
4.8 You agree that you will not harvest or collect information from the Services, including, without limitation, information about other users of the Services. The use of any information learned through the Services is limited to the express purposes set forth in these Terms; all other uses are strictly prohibited.
3rd-i serves as a Data Processor for the clients who use these applications. More specifically, 3rd-i does not own the Customer Business Data that is submitted to our applications. The information that is submitted to our applications will be subject to our clients’ privacy policies.
5. Additional Rights We Retain
5.1 If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
You can only use our intellectual property and trademarks or similar marks as expressly permitted herein or with our prior written permission.
You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
6. THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES
This Website may feature information, materials, products, and services provided by third parties, which may include content providers, payment processors, advertisers, and other users (collectively, the “Third Party Information”). All such information, materials, products, and services made available by a third party are those of the third party and not us. We make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services.
You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.
If you choose to communicate or contract with any third party, or use any information, materials, services or products of any third party, you agree that you will address any issues or disputes regarding such matters directly with the third party, and not us. You acknowledge that your participation in any services provided by a third party or purchase of any product from a third party will constitute your consent to such third party’s terms of service or terms of use with respect to such service or product.
7. LINKS TO THIRD PARTY SITES
This Website or Services may contain links, inline frames, feeds, embedded content to or from websites (collectively, “Third Party Links” or “Links”) operated by parties other than 3rd-i. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites or any association with their operators. You agree that 3rd-i is not responsible or liable for such websites, the availability or contents of such websites, any products or services they offer, or any damages any of the foregoing may cause you.
IN NO EVENT SHALL 3rd-i BE LIABLE FOR ANY DAMAGES SUFFERED BY A WEBSITE USER (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER 3rd-i WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.
The Website utilizes Google Maps, Google Translate and related content licensed to us by Google and its licensors. By using the Google Maps and Google Translate features available on the Website, you are agreeing to be bound by the applicable policies, Terms of Use of Google.
8. Linking to this site
3rd-i consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with 3rd-i; (c) imply that 3rd-i approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about 3rd-i or otherwise damage the goodwill associated with 3rd-i’s name or trademarks. As a further condition to being permitted to link to this site, you agree that 3rd-i may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of 3rd-i trademarks.
9. The Content of Others
Content (“content”) on our website or Services may be produced by other users and other third parties (“third party content”) and may contain content or materials (“materials”) from publishers or other Users. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although 3rd-i reserves the right to review all content that appears on the website or Services and to remove any content that violates these Terms, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the website or Services.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users and third parties, including information providers or any other users of the Website or Services, are those of the respective author(s) or distributor(s) and not of 3rd-i.
You are responsible for your use of the website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. As such, you should only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the website or Services or obtained by you through the website or Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or Services or endorse any opinions expressed via the website or Services. You understand that by using the website or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the website or Services and, we cannot take responsibility for such Content.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
Through these Terms, we make clear that we do not want the website or Services put to bad uses. But because we do not review all content, we cannot guarantee that content on the website or Services will always conform to our Terms.
You may be able to post User Content. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number, social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. 3rd-i may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.
3rd-i reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site and Services; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.
Although we have no obligation to do so, we may monitor User Content, and reserve the right to
delete any User Content or portion thereof that, in 3rd-i’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the Site or Services on which it is posted, or that is an advertisement, or other commercial message, or that 3rd-i determines in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, we encourage you to report the content or conduct to us so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these Terms of Use, 3rd-i does not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any 3rd-i policy will always remain within the sole discretion of 3rd-i.
Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or
speaker of any information provided by another information content provider.
(2) Civil liability No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of
material that the provider or user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable, whether or
not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others
the technical means to restrict access to material described in paragraph (1).
10. ACCOUNT SUSPENSION OR TERMINATION AND REMOVAL OR DELETION OF USER DATA/CONTENT
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your 3rd-i Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Services or your User Data or User Content or receive assistance from 3rd-i support teams; and (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any User Data or Content you have posted to the Services, including, but not limited to, any reviews.
We can remove any User Data or Content or information you upload, post or share on the Services if we believe that it violates these Terms of Use,or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Services to you (including terminating or disabling your access to the Services) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law. We can also terminate or change the Services, remove or block content, User Data, User Content or information posted or shared on our Services, or stop providing all or part of the Services if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact us at: support@3rd-i.org When you request to delete content or your account, the deletion process will automatically begin no more than 30 days after your request. It may take up to 90 days to delete content after the deletion process begins. While the deletion process for such content is being undertaken, the User Data or User Content is no longer visible to other users, but remains subject to these Terms of Use and Privacy Policy. After the User Data or User Content is deleted, it may take us up to another 90 days to remove it from backups and disaster recovery systems.
User Data and User Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations: (i) where your User Data and User Content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that User Data and User Content is deleted); or (ii) where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or (iii) where deletion would restrict our ability to: (a) investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our products or systems) (b) protect the safety and security of our products, systems, and users; (c) comply with a legal obligation, such as the preservation of evidence; or (d) comply with a request of a judicial or administrative authority, law enforcement, or a government agency; in which case, the User Data and User Content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). (e) when an emergency has been triggered in the broadcast. This can be either from the safe word or from the safety button. These broadcasts are stored for at least a year.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but this section and the section below called “Our Agreement and What Happens if We Disagree” will still apply even after your account is terminated, disabled, or deleted.
11. PRIVACY POLICY
11.1 3rd-i is committed to safeguarding your privacy online. Please review our privacy policy. (insert Link to Privacy Policy)
11.2 Disclosure of Your Information. Subject to applicable law, 3rd-i and its Affiliates may, but shall not be required to, provide to you and/or relevant authorities and/or regulatory agencies any information (including personal information (e.g., information you submit about yourself) and any 3rd-i Data) about you provided hereunder if: (a) there is a complaint, dispute or conflict between you and another user or third party accessing your account; (b) it is necessary to enforce the terms of this Agreement; (c) it is required, in 3rd-i or any Affiliate’s sole discretion, by applicable law or regulatory requirements (e.g., 3rd-i or its Affiliates receive a subpoena, warrant, or other legal process for information); (d) it is necessary, in 3rd-i or any Affiliate’s sole discretion, to (1) protect the safety, rights, property or security of 3rd-i or its Affiliates, the Services or any third party; (2) to protect the safety of the public for any reason including the facilitation of insurance claims related to the Services; (3) to detect, prevent or otherwise address fraud, security or technical issues; (4) to prevent or stop activity which 3rd-i or any of its Affiliates, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, legally actionable or otherwise objectionable activity); or (e) it is required or necessary, in 3rd-i or any Affiliate’s sole discretion, for insurance or other purposes related to your ability to qualify, or remain qualified, to use the Services. You understand that 3rd-i may retain your personal data for legal, regulatory, safety and other necessary purposes after this Agreement is terminated.
11.3 3rd-i and its Affiliates may collect your personal data during the course of your application for, and use of, the Services. Except as restricted by other provisions of this Agreement, such information may be stored, processed, transferred, and accessed by 3rd-i and its Affiliates, third parties, and service providers for business purposes, including for marketing, lead generation, service development and improvement, analytics, industry and market research, and such other purposes consistent with 3rd-i’s and its Affiliates’ legitimate business needs. You expressly consent to such use of personal data.
12. COPYRIGHT POLICY.
3rd-i respects the rights of copyright holders. We reserve the right to terminate the access, profile or agreement with any user of the Services who infringes third party copyright or other third party intellectual property rights upon prompt notification to us by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his, her or its intellectual property has been copied and posted via the Services in a way that constitutes infringement shall provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Services of the property that is claimed to be infringed; (c) a written statement by such person that he, she or it has a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf. Notices to us regarding any alleged infringement should be directed to: support@3rd-i.org
13. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Support, at: support@3rd-i.org, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit 3rd-i to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification, which may result in us re-posting the content if we believe that it is not infringing.
Any DMCA requests and any other feedback, comments, requests for technical support or other communications should be directed to customer service at: support@3rd-i.org
14. Confidentiality
14.1 Each party acknowledges and agrees that in the performance of this Agreement and/or use of services pursuant to it may have access to or may be exposed to, directly or indirectly, confidential information of the other party (“Confidential Information”). Confidential Information includes 3rd-i Data, User IDs, User Information, and the transaction volume, marketing and business plans, business, financial, technical, operational and such other non-public information of each party (whether disclosed in writing or verbally) either (x) that such party designates as being proprietary or confidential, or (y) of which the other party should reasonably know that it should be treated as confidential.
14.2 Each party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the disclosing party; (b) it shall not use Confidential Information of the other party for any purpose except in furtherance of this Agreement; (c) it shall not disclose Confidential Information of the other party to any third party, except to its employees, officers, contractors, agents, service providers and personal representatives (“Permitted Persons”) as necessary to perform and/or use services pursuant to this Agreement, provided that Permitted Persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof, and provided further that the party disclosing the Confidential Information to its Permitted Persons is responsible for the conduct of such Permitted Persons; and (d) it shall return or destroy all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party (subject to applicable law and, with respect to 3rd-i, its internal record-keeping requirements).
14.3 Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the receiving party; (b) was possessed by the receiving party prior to the date of this Agreement without an obligation of confidentiality; (c) is disclosed to the receiving party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to law, court order, subpoena or governmental authority, provided the receiving party notifies the disclosing party thereof and provides the disclosing party a reasonable opportunity to contest or limit such required disclosure.
15. Representations and Warranties; Disclaimers
15.1 By You. You hereby represent and warrant that: (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder; (b) you have not entered into, and during the Term will not enter into, any agreement that would prevent you from complying with this Agreement; (c) you will comply with all applicable laws, rules and policies in your performance of this Agreement, including without limitation the rules and policies of any Facility in which you accept Instructor Services, and will pay any applicable fees charged by a Facility in which you accept Instructor Services; and (d) you will not invite any non-User to participate with you in any 3rd-i Services you accept hereunder.
15.2 Disclaimer of Warranties. 3rd-i AND ITS AFFILIATES PROVIDE, AND YOU ACCEPT, THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA ON AN “AS IS” AND “AS AVAILABLE” BASIS. 3rd-i AND ITS AFFILIATES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT YOUR ACCESS TO OR USE OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA WILL BE UNINTERRUPTED OR ERROR FREE. BY USING THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO USERS OR THIRD PARTIES THAT MAY POSE HARM OR RISK TO YOU OR OTHER USERS OR THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA. 3rd-i AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU, OR OTHER USERS OR THIRD PARTIES.
ANY MATERIAL OR CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 3rd-i OR THROUGH YOUR USE OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, 3rd-i DOES NOT REPRESENT OR WARRANT THAT (I) THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, SERVICES AND USER APP WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, CLIENTS OR THIRD PARTIES THAT USE THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY OTHER USERS, OR THIRD PARTIES. YOU UNDERSTAND THAT 3rd-i DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VET ANY SERVICES OFFERED BY ANY THIRD PARTIES. 3rd-i MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. 3rd-i EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES USING THE SERVICES.
You acknowledge that 3rd-i has no control over, and no duty to take any action regarding: which users gain access to or use the WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA; what affects the content on or in connection with the WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA may have on you; how you may interpret or use the content on or in connection with the WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA; or what actions you may take as a result of having been exposed to the content on or in connection with the WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA. You release 3rd-i from all liability for you having acquired or not acquired content or information through the WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA. The WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA may contain, or direct you to sites containing information that some people may find offensive or inappropriate. 3rd-i makes no representations concerning any content contained in or accessed through the WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA, and 3rd-i will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA. 3rd-i makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
15.3 No Service Guarantee. 3rd-i AND ITS AFFILIATES DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATION AND YOUR DEVICE, AND 3rd-i AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
15.4 If there is a dispute between you and any such third party, you understand and agree that 3rd-i shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE 3rd-i, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND/OR ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15.5 USER DATA/ MATERIAL. The Services may enable you to make content available to other users of the Services or third parties accessing your User Feed, and to access content made available by such persons or other users of the Services as you may direct. “User Data” is any material you provide through the use of the Services, including but not limited to, text, data, software, graphics, images (e.g. photos, drawings), audio, video, interactive features, feedback, ratings, suggestions and comments (e.g. to bulletin boards, chats, discussion groups, feedback areas, newsgroups or e-mail). You are solely responsible for any User Data that you upload and publish to the Services, including complying with these Terms. In order to upload any User Data to the Services, you must have “accepted” these Terms by clicking the “I accept” box before submitting the User Data through the Services, and you must have an active, authorized account with 3rd-i.
15.6 BATTERY USAGE DISCLAIMER.
Battery Consumption: The use of 3rd-i, particularly features such as live streaming, location tracking, and emergency services, can significantly increase battery consumption on your device. These features may require continuous background operation and communication with servers, leading to faster battery drain.
Decreased Battery Life: Users should be aware that prolonged use of 3rd-i and its features may result in decreased battery life over time. This is a common phenomenon with apps that utilize extensive functionalities, especially those that run continuously or intermittently in the background.
Optimization Recommendations: To mitigate battery consumption, we recommend optimizing your device settings, such as reducing screen brightness, disabling unnecessary background apps, and enabling power-saving modes where available. Regularly closing unused features within 3rd-i can also help conserve battery life.
No Battery Guarantees: While efforts are made to optimize battery usage within 3rd-i, we do not guarantee specific battery performance or longevity. Factors such as device age, battery health, network conditions, and usage patterns can influence actual battery life and performance.
User Responsibility: Users are responsible for monitoring their device’s battery usage and taking appropriate measures to maintain sufficient battery levels, especially during critical situations where emergency features of 3rd-i may be required.
By using 3rd-i and its features, you acknowledge and accept the potential impact on battery usage and understand that the app’s functionalities may contribute to accelerated battery drain. We recommend using 3rd-i judiciously and taking proactive steps to optimize battery performance on your device.
15.7 3rd-i DOES NOT PROVIDE PROTECTION DISCLAIMER
Clarification: 3rd-i is a personal safety app designed to enhance safety awareness and provide tools for communication and location sharing. It is not designed or intended to provide physical protection or guarantee the safety of users.
Limited Capabilities: While 3rd-i includes features such as emergency buttons, live streaming, and location sharing, these features are not intended to replace professional protection services or guarantee protection from harm.
User Responsibility: Users of 3rd-i should understand that the app cannot physically protect them from dangers, threats, or emergencies. Users should not rely solely on 3rd-i for protection and should take appropriate precautions and measures to ensure their safety.
Not a Substitute: 3rd-i should not be used as a substitute for personal protection devices, security personnel, or other professional security measures. Users should use 3rd-i responsibly and in conjunction with other safety measures as needed.
Legal Limitations: The use of 3rd-i does not create any contractual or legal obligation on the part of 3rd-i Technology Incorporated to provide protection or guarantee safety to users. The app is provided for informational and communication purposes only.
By using 3rd-i, you acknowledge and understand that the app does not provide protection and should not be used as a means of guaranteeing safety or protection from harm. Users are responsible for their own safety and should seek professional assistance and guidance as needed.
15.8 LOCATION ACCURACY IN 3rd-i DISCLAIMER
Location Services: 3rd-i utilizes location services to provide real-time location tracking and sharing features. However, it is important to note that the accuracy of location data may vary based on several factors.
Environmental Factors: The accuracy of location services in 3rd-i can be affected by environmental factors such as terrain, buildings, weather conditions, and electromagnetic interference. These factors may lead to variations in the reported location data.
Technical Limitations: Additionally, the accuracy of location data may also be influenced by technical limitations of GPS or network-based location services. Temporary disruptions or inaccuracies in these services can impact the precision of location information.
Reliance on External Services: 3rd-i relies on external sources for location data, including GPS satellites, cellular networks, and Wi-Fi hotspots. Variations or disruptions in these external services can affect the accuracy and timeliness of location updates.
Not Guaranteed: Due to these factors and limitations, the accuracy of location data provided by 3rd-i may not always be exact or precise. Users should be aware that location information is provided as-is and may not reflect the user’s exact geographical position.
Use Caution: Users of 3rd-i should exercise caution and common sense when relying on location services for safety or navigation purposes. The app’s location features are intended to provide general location awareness and should not be relied upon for critical or emergency situations where precise location accuracy is required.
By using 3rd-i and its location services, you acknowledge and understand the inherent limitations and variability in location data accuracy. Users should use discretion and consider external factors when interpreting location information provided by the app.
15.9 EMERGENCY SERVICE INDEMNIFICATION DISCLAIMER
We at 3rd-i strive to provide you with the best possible service, including our use of an emergency dispatching service. While we make every effort to ensure a seamless and efficient emergency response process, there are inherent risks and limitations associated with third-party services. Therefore, we would like to inform you of the following disclaimer regarding the terms of service:
Service Interruptions: There may be instances where the emergency dispatching service experiences technical difficulties, server outages, or other interruptions beyond our control. In such cases, we cannot guarantee uninterrupted access to emergency assistance.
Response Times: While the service aims to dispatch emergency services promptly, factors such as location, network congestion, and the nature of the emergency may impact response times. We do not have direct control over the dispatching timelines of the service.
Accuracy of Information: The information provided to the dispatching service, including your location, contact details, and emergency situation, is crucial for effective response. However, errors or discrepancies in the information provided, whether by the user or due to technical issues, could affect the dispatch process.
Legal and Liability: In the event of any discrepancies, delays, or failures related to the emergency dispatching service, 3rd-i shall not be held liable for any direct or indirect damages, including but not limited to loss of property, injury, or loss of life.
Emergency Services Availability: Availability and scope of emergency services may vary based on your location, local regulations, and the capabilities of the dispatching service. We recommend familiarizing yourself with the emergency services available in your area.
By continuing to use our services, you acknowledge and accept the aforementioned disclaimers regarding the emergency dispatching service. We encourage you to reach out to us with any questions or concerns regarding our terms of service or the emergency dispatching process.
You retain all of your rights in your User Data. You shall be solely responsible for your own User Data and the consequences of posting or publishing it on the Services. In connection with User Data that you make available on the Services, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize 3rd-i to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Data to enable inclusion and use of the User Data as part of the Services and in the manner contemplated by these Terms. By submitting, posting, uploading, or otherwise providing User Data to 3rd-i, you hereby grant (or warrant that the owner of such rights has expressly granted) 3rd-i a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Data in connection with the Services and 3rd-i (and its successors) business as permitted hereunder. You hereby waive all moral rights to the User Data for the benefit of authorized uses by 3rd-i. You also hereby grant, to each authorized user of the Services whom you authorize to receive your User Data, a non-exclusive license to access your User Data through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Data as permitted through the functionality of the Services and under these Terms.
3rd-i shall have no obligation to monitor any User Data. However, 3rd-i and its agents reserve the right to monitor any User Data from time to time for any lawful purpose. 3rd-i may, without notice to you, remove or block any User Data from the Services, including disabling access to any User Data that you have downloaded through the Services.
You acknowledge and agree that 3rd-i has limited practical ability to control or monitor possible infringement of your rights in User Data by other parties and that 3rd-i assumes no responsibility for controlling or monitoring for possible infringement of such rights by third parties. In addition, 3rd-i is not responsible for enforcing your rights in User Data, including filing suit or taking other legal action against infringers. You acknowledge and agree that the internet or other communications channels through which you may post or access User Data may not be secure, and that 3rd-i is not responsible for the security of your User Data in transit to or from 3rd-i.
CONSENT TO USE OF DATA. You agree that 3rd-i may collect and use technical data and related information—including but not limited to technical information about your device that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the use of our Services.
Data also may include your name, email addresses, telephone numbers and any information you provide logging in to the Services or any information pertaining to your personally identifiable information (PII) including financial information.. Data may also include information about your customers including names, addresses. You have designed, created and provided all of your data without the participation or involvement of 3rd-i. You are responsible for any actions you take with respect to the Data, including uploading it to the Services or using the Services to share or otherwise make available such Data to third parties. You are responsible for ensuring that you have all the rights and permissions needed to use the Data in connection with the Services. You Shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Data entered into the Services. 3rd-i assumes no responsibility for the accuracy, propriety, or usefulness to You of the Data. 3rd-i shall not be liable to You or any third-parties for any loss, damage or expense whatsoever arising from any Data entered into the Services by You or by an entity on your behalf unless such data is protected under federal or state law. You acknowledge that 3rd-i will rely on the accuracy of the Data provided to 3rd-i by You as it performs its requested functions under this Agreement. You acknowledge that you own all of the Data or have all rights to grant such licenses to 3rd-i to use such Information in furtherance of providing the Services without infringement or violation of any third party rights. 3rd-i provides no warranties, representations or indemnification to You for Your access to, and use of the Data.
You grant a revocable license and consent to 3rd-i to use any data that you provide or that we may collect about you through the Website and Services, in compliance with Our Privacy Policy. You give consent to 3rd-i to use the Data when integrating with third party company systems to perform services on 3rd-i behalf relating to the functionality of the Services and that You consent to 3rd-i using Data that may include protected health information and personally identifiable information containing social security numbers and credit card information. We will only use such data with our partners or service providers who perform functions to enable 3rd-i to provide its Services.
You give consent to 3rd-i to use any data collected or created by You in your use of the Services related to selling, publishing, disclosing or sharing combined data and information from many Users with our partners in order to help our partners market and sell our Products pursuant to written agreements with confidentiality, privacy and security obligations. All such information includes data derived from personal information in aggregated, anonymous form and does not identify You individually.
You give consent to 3rd-I to disclose, sell or share with any of our affiliated companies or our partners any aggregated, anonymized information about you that does not identify you individually, without restriction as explained in our Privacy Policy.
15.10 CONTENT ON THE SERVICES. You understand that by using the Services you may be exposed to User Data from a variety of sources, and to content from various publishers, as well as to 3rd-i Content, and that 3rd-i is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content or User Data. You further understand and acknowledge that you may be exposed to content or User Data that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against 3rd-i with respect thereto.
You acknowledge and agree that the views expressed through the Services reflect those of the individual contributors and not necessarily those of 3rd-i.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
16. Limits of Liability. The Services
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT, THIRD PARTY WEBSITES AND THE 3rd-i DATA, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY WEBSITES, THIRD PARTY CONTENT AND THE 3rd-i DATA, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF 3rd-i OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER 3rd-i NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 3rd-i HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY, DEATH OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH USING THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY WEBSITES, THIRD PARTY CONTENT AND THE 3rd-i DATA; (E) THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY WEBSITES, THIRD PARTY CONTENT AND THE 3rd-i DATA; AND (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA.
3rd-i DOES NOT CONDUCT ANY CRIMINAL BACKGROUND CHECKS ON ANY USERS OR THIRD PARTIES THAT USE THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA AND YOU AGREE THAT 3rd-i IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OR ACTIONS OF ANY USERS OR THIRD PARTIES THAT YOU COME IN CONTACT WITH IN USING THE WEBSITE, SERVICES, THIRD PARTY WEBSITES, USER APP, USER DATA, THIRD PARTY CONTENT AND THE 3rd-i DATA.
WE ARE ALSO NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER CAUSED BY A CYBERATTACK, DATA BREACH, DATA INCIDENT, RANSOMWARE ATTACK AND/OR MALWARE ATTACK WHILE USING THE SERVICES.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF 3rd-i AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY WEBSITES, THIRD PARTY CONTENT AND THE 3rd-i DATA, OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, USER APP, USER DATA, THIRD PARTY WEBSITES, THIRD PARTY CONTENT AND THE 3rd-i DATA OR IN CONNECTION WITH ANY SERVICES OFFERED BY 3rd-i OR ANY THIRD PARTIES OR INTERACTIONS WITH ANY OTHER USERS OR THIRD PARTIES EXCEED ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE BY YOU TO 3rd-i.
Links to Third Party Websites. As a convenience for its users, 3rd-i may provide links to other websites owned by third parties. Unless otherwise stated, 3rd-i does not endorse or control these third parties and takes no responsibility, assumes no liability and offers no warranties of any kind for them or their websites if you choose to access such websites owned by third parties.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
17. Indemnification.
You shall indemnify, defend (at 3rd-i’s option) and hold harmless 3rd-i and its Affiliates and their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, claims, lawsuits, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to: (a) Your use of the Services and Website; (b) your breach of your representations, warranties or obligations under this Agreement; (c) your user data; or (d) a claim by a third party directly or indirectly related to your use of the Website and Services.
18. Term and Termination
18.1 Term. This Agreement shall commence on the date accepted by you and shall continue until terminated as set forth herein (the “Term”).
18.2 Termination. Either party may terminate this Agreement without cause at any time upon seven (7) days’ prior notice to the other party. 3rd-i may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Service at any time, provided that 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. If you terminate your account, you may permanently lose access to all User Data you submitted to or through the Service.
18.3 Effect of Termination. Upon termination of the Agreement, you shall immediately delete and fully remove the User App from any of Your Devices and stop using the Services. Outstanding payment obligations and Sections 2 through 19 shall survive the termination of this Agreement.
19.1 Governing Law/Arbitration.
By using 3rd-i’s Website, Products or Services, you agree that the laws of the State of Delaware without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and 3rd-i.
19.2 Disputes
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, 3rd-i SERVICES AND 3rd-i APP SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN MORRIS COUNTY, NEW JERSEY EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
YOU AND 3rd-i AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY DELAWARE LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. 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 ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN MORRIS COUNTY, NEW JERSEY.
3rd-i performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of 3rd-i right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by 3rd-i with respect to such use.
You may not assign or transfer any of your rights or obligations under these Terms of Use, in whole or in part, without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void and of no force or effect. We may assign any and all of our rights and obligations under these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of your and our successors and permitted assigns.
Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall our waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Whereas the Website has a feature that enables translation of these Terms of Use into a language other than English, the Terms of Use will be governed by the English language version.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
These Terms of Use constitute the entire agreement between you and 3rd-i with respect to this Website, except as otherwise indicated in these Terms of Use.
20. Relationship of the Parties
20.1 Except as otherwise expressly provided herein the relationship between the parties under this Agreement is solely that of independent contracting parties. The parties expressly agree that no joint venture, partnership, or agency relationship exists between 3rd-i and you.
20.2 You have no authority to bind 3rd-i or its Affiliates and you undertake not to hold yourself out as an employee, agent or authorized representative of 3rd-i or its Affiliates.
21. Miscellaneous Terms
21.1 Modification. In the event 3rd-i modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on you only upon your acceptance, in accordance with the terms of this Agreement, of the modified Agreement. 3rd-i reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Services, or downloading, installing or using the User App, you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fees and Fee Calculations. Continued use of the Services or User App after any such changes shall constitute your consent to such changes.
21.2 Supplemental Terms; Terms of Service. Supplemental terms may apply to your use of the Services, such as use policies or terms related to certain features and functionality, which may be modified from time to time (“Supplemental Terms”). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over this Agreement in the event of a conflict.
21.3 Severability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
21.4 Assignment. Neither party shall assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that 3rd-i may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent: (a) to an Affiliate; or (b) to an acquirer of all or substantially all of 3rd-i business, equity or assets.
21.5 Entire Agreement. This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
21.6 No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.
21.7 Notices. Any notice delivered by 3rd-i to you under this Agreement will be delivered by email to the email address associated with your account or by posting on the portal available to you on the Services. Any notice delivered by you to 3rd-i under this Agreement will be delivered
by contacting 3rd-i at: support@3rd-i.org
3rd-i Community Guidelines (Updated: January 2024)
Mission Statement
At 3rd-i, we are committed to fostering innovation, creativity, and connection. Our mission is to create the safest and most secure environment for our users and their loved ones. To greatly decrease crime, assaults, sexual assaults, deaths, and car accidents.
General Conduct
– All content and behavior on the platform, including text, images, videos, and interactions, must adhere to all Community Guidelines.
– We prioritize safety and will act against content or behavior that risks causing severe harm.
Age Requirement:
Please note that in order to join our community, you must be at least 13 years old. By signing up, you acknowledge that you are 13 years of age or older.
Content Standards
Sexual Content and Exploitation
- Prohibit sexual exploitation, abuse, or any form of sexualization.
- No distribution or promotion of pornographic material.
Appropriate Content:
- Content must be suitable for the intended audience of the app.
- Content must not promote violence, hate speech, discrimination, or harassment.
- Content must not promote or glorify substance abuse or illegal drugs.
User-generated Content:
- If the app allows user-generated content, users must agree to community guidelines.
Harassment and Bullying
- Harassment and Bullying No tolerance for bullying or harassment in any form.
- Prohibit sharing private content without consent and doxxing (search for and publish private or identifying information about (a particular individual) on the internet, typically with malicious intent)
- Encourage respect for others’ requests to remove content featuring them.
- Content must not defame, bully, or harass individuals or groups.
Violence and Threats
– Ban content that promotes or glorifies violence, self-harm, or dangerous activities.
– Prohibit threats and intimidating behavior towards individuals or groups.
Misinformation and Deception
– Forbid spreading false or harmful information.
– No impersonation or deceptive practices aimed at misleading others.
Illegal Activities and Regulated Goods
– Do not use 3rd-i for illegal activities, promoting drugs, weapons, or contraband.
– Prohibit the promotion of illegal or unauthorized regulated goods.
Hate Speech and Extremism
– No tolerance for content that supports terrorism, violent extremism, or hate speech.
– Ban discrimination based on race, gender, religion, and other protected characteristics.
Enforcement and Reporting
– Users can report violations through direct contact with our Trust & Safety team support@3rd-i.org. Here users will need to provide the name of the user and a picture or video to serve as evidence of the violation.
– Violations may lead to account limitations, or termination, with serious offenses reported to law enforcement.
Rights and Responsibilities
– 3rd-i reserves the right to remove or restrict content and accounts that pose a threat to the community or individual safety.
– Users are encouraged to stay informed and adhere to the guidelines to maintain a positive and safe environment.
Privacy and Data Protection:
- Content must respect user privacy and adhere to the app’s privacy policy.
- Personal or sensitive information must be handled securely and in accordance with privacy laws
These guidelines are established to ensure that 3rd-i remains a space where users can freely interact and connect safely. We are committed to evolving these guidelines to meet the needs of our community and to uphold the integrity and purpose of the 3rd-i platform.
Last Revised: March 25, 2024
