Third Wave Terms of Service
Welcome to thethirdwave.co (the “Site”). These Terms of Service (the “Agreement”) apply to any access to or use of the Site. The Site is owned and operated by 3W Wellness Inc, with its registered office in 16192 Coastal Highway, Lewes, Delaware, Postal Code 19958.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE OR VIEW THE SITE.
CHANGES TO AGREEMENT
Third Wave may, at any time and in its sole discretion, amend, modify, delete or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments have been posted constitutes your agreement with and acceptance of such Amendments.
CHANGES TO SITE AND SERVICES
Third Wave may, at any time and in its sole discretion, modify, add to, delete, suspend or terminate the Site and any content, services or material offered on or through out the Site, for any or no reason, and with or without notice.
INTELLECTUAL PROPERTY OWNERSHIP
All information, materials, images, software, photographs, articles, functions, text and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Third Wave, its licensors or content providers or other third parties. The Site and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Third Wave under the copyright laws of the United States and other countries. Third Wave may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. Third Wave reserves all rights not expressly granted in and to the Site and the Content.
Unless otherwise noted, Third Wave and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, servicemarks, trade names, and logos of Third Wave. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Site without the owner’s prior written permission. Unauthorized use of Third Wave and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited.
USE OF THE SITE
Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed or used in any way without Third Wave’s prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site.
Some products or services provided by Third Wave may include “lifetime access” for purchasers. In such event, we shall provide access to the product or service indefinitely. In the event that Third Wave ceases to exist, we will endeavor to continue to provide access to the product or service but cannot guarantee our capacity to do so in the face of unforeseen circumstances.
SUBMISSIONS
The Site may offer users the opportunity to post listings, articles, comments, photographs, videos, artwork, and other content or materials on the Site (collectively, the “User Submissions”). By making a User Submission, you grant to Third Wave an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that Third Wave is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Third Wave without any monetary or other obligation to you.
You agree not to post on or transmit to the Site any User Submission or other material that:
- is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically or otherwise objectionable in any manner;
- is an advertisement or promotion for any product or service that had not been approved in writing by Third Wave;
- is false, misleading, or constitutes an unfair or deceptive trade practice;
- constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy;
- infringes on any third party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or
- contains viruses, Trojan horses, worms or other code, scripts, routines, files or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment.
You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by Third Wave. Third Wave shall have no obligation to store, keep copies of or return any User Submissions. Third Wave further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Site that it deems to be in violation of the foregoing requirements.
You will be solely responsible and liable for, and will indemnify Third Wave and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights.
NO MEDICAL ADVICE
THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THIRD WAVE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE.
YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND WELL-BEING.
We do not recommend, endorse or make any representation about the efficacy or suitability of any specific practices, products, procedures, treatments, opinions, health care service providers or other information that may be contained on or available through our Website. We are not responsible for any advice, treatment of products that you learn about or obtain through our Website or Services.
Third Wave bears no responsibility for any damages, illnesses, or other potential risks associated with the use of Third Wave Mushroom Grow Kit. Any actions taken in reliance upon shared advice or information are executed at the user’s own risk. It is imperative to exercise the highest degree of caution, prioritizing personal safety and well-being.
SUICIDE
If you or someone you know may be considering suicide, contact the National Suicide Prevention Lifeline at 1-800-273-8255 (en español: 1-888-628-9454; deaf and hard of hearing: dial 711, then 1-800-273-8255) or the Crisis Text Line by texting HOME to 741741.
THIRD PARTY CONTENT
Third Wave may from time to time post content supplied by third parties and users (collectively “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of Third Wave. Third Wave does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below.
PRODUCT POLICY
REFUNDS
Mushroom Grow Kit + Refill Kit: We do not offer refunds on purchases of the Mushroom Grow Kit or the Refill Kit and both of these products are not eligible for exchange. Only customers who purchase insurance for Mushroom Grow Kit during checkout will be covered for any lost, damaged, or porch pirated packages).
Microdosing Course: We offer a 10-day money-back guarantee for purchasers of the Microdosing Course.
Microdosing Experience/Challenge: Third Wave Microdosing Experience/Challenge takes place every business quarter (live cohorts). It is the responsibility of the customer to note the relevant start dates of their enrollment. Refunds are available under our full money-back guarantee exclusively for purchasers of the Microdosing Experience/Challenge. This guarantee applies solely in the event that customers are unable to access medicine prior to the commencement of the Experience/Challenge, which officially initiates one week subsequent to the Kick Off Call. Should a customer encounter delays or difficulties in accessing medicine, it is imperative that they promptly notify us by contacting [email protected] at least two (2) weeks before the Experience/Challenge officially begins. This notification enables us to provide assistance in assessing the necessity for a refund. However, in circumstances where a customer is unable to participate in the Microdosing Experience/Challenge due to reasons other than the inability to access medicines, no refund will be issued. Instead, a credit will be applied to the customer’s account for future participation in any Microdosing Experience/Challenge or other Third Wave Services.
Customer Community Membership and Conduct Policy
Customers of Mushroom Grow Kit, Microdosing Course and Microdosing Experience/Challenge will be granted access to our private community group hosted on Mighty Networks. By joining this community, customers agree to abide by the following guidelines:
- Membership: Customers will be automatically invited to our private community group on Mighty Networks. This platform serves as a space for sharing experiences, insights, and support related to the said products.
- Code of Conduct: We expect all community members to conduct themselves with respect, integrity, and honesty. Any behavior deemed unlawful, unethical, abusive, or disruptive to the community’s harmony and purpose is strictly prohibited.
- Enforcement: In the event of any violation of the community guidelines, we reserve the right to remove the offending member from the community without prior notice or warning. Removal from the community due to unlawful or unethical behavior will not entitle the member to a refund or any form of compensation.
By joining the community, customers acknowledge and agree to adhere to these guidelines. We reserve the right to update or modify these guidelines at any time without prior notice.
AFFILIATE POLICY
Establishing and maintaining the trust of our audience is at the core of Third Wave’s content policy. For that reason, it’s important that we establish clear guidelines to ensure our audience knows where our information comes from, and that it can be trusted.
Some articles on Third Wave contain links and discount codes for products available from third-parties. These links will signal to the retailer that Third Wave has referred you. Should you choose to purchase a product, we may receive a commission on the sale.
We apply the same standards of objectivity to these articles as we do to the rest of our content. Third Wave’s writers and editors are instructed not to alter coverage because of this program, and they are never incentivized to do so. Posts with affiliate links will always include an individual disclaimer located at the top of any relevant article, and all opinions expressed therein are our own.
DISCLAIMERS/LIMITATION OF LIABILITY
While Third Wave uses reasonable efforts to include accurate and up to date information on the Site, Third Wave makes no warranties or representations as to its accuracy. Third Wave assumes no liability or responsibility for any errors or omissions in the Content of the Site.
THE MATERIALS ON, OR ACCESSIBLE FROM, THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIRD WAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THIRD WAVE DOES NOT WARRANT THAT THE ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIRD WAVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT, USER SUBMISSIONS AND OTHER MATERIALS ON, OR ACCESSED THROUGH, THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THIRD WAVE BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF THIRD WAVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By using the Site, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of this Agreement.
THIRD PARTY SITES
Certain links on this Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom Third Wave has no control. Third Wave accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. Third Wave makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites.
OTHER PROVISIONS
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Delaware, without regard to its conflicts of law principles.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between Third Wave and users of the Site relating to the subject matter contained herein, except in the case of those individuals or organizations that have purchased access to a product or service provided by Third Wave and have executed a separate agreement and/or release; in such case, the separate agreement and/or release executed in conjunction with the purchase of the product or service shall supersede this Agreement. No delay or failure by Third Wave to take action under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by Third Wave. No single waiver will constitute a continuing or subsequent waiver.
You agree that any cause of action arising out of or related to the Site or this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed using the contact information provided on thethirdwave.co.
Third Wave Directory Terms of Service
Use of the Platform
- In using the Platform, you can view all listings published by listing owners (“Providers”), submit requests (“Requests”) to the Providers, make a reservation (“Reservation”) and write reviews.
- A Reservation placed through the Platform forms a binding agreement between you and the Provider if the Provider accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints, or remarks about a Provider, an Experience Offer, a Reservation, or a Request, you can contact Third Wave through the Platform.
- The listings are subject to the Provider’s terms and conditions, as well as all agreements between you and the Provider. Third Wave shall never become a party to an agreement between a Provider and you.
- We advise you to carefully read the Provider’s terms and conditions since they may entail legal obligations and it is your responsibility to adhere to such obligations. Third Wave accepts no responsibility whatsoever for any decisions made by you based on the content of the Third Wave Directory and/or the Providers on the Platform, unless stated otherwise in these Terms of Use.
- You and the Provider are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation.
- To view, change or cancel your reservation, please refer to your confirmation email, where you will find all relevant instructions.
- You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights, or any other rights and you indemnify Third Wave from any third party’s claim in this respect. You also warrant that you do not submit content that involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam).
- We do not warrant that your content will be correctly, completely, and/or continuously available on the Platform.
In other words:
“After you’ve chosen a provider, made a reservation and entered all of your correct personal data, you will engage in a contract with the Provider. Third Wave can in no way be held responsible if issues (however unlikely) arise between you and the Provider.”
Provider Rules
The guidelines in this policy govern issues like acceptance of Profiles by Third Wave, how Profiles are displayed on the Third Wave Directory, and the removal of Profiles from the Third Wave Directory. Third Wave has sole and absolute discretion with respect to interpretation and enforcement of this policy and all other issues associated with Profiles on the Third Wave Directory. Third Wave may change this policy at any time in its sole discretion by posting a revised policy to the applicable Third Wave Property.
Third Wave has sole discretion for determining the types of Profiles that will be accepted and displayed on the Third Wave Directory, and under no circumstances will Third Wave’s acceptance of any Profile be considered an endorsement of the product(s) and/or service(s) advertised or for the company that advertises, manufactures, distributes, or promotes the products or services.
Third Wave will not knowingly accept Profiles that, in Third Wave’s opinion, are not factually accurate and in good taste.
There are certain categories of Profiles that Third Wave will not knowingly permit on the Third Wave Directory at any time. These categories include but are not limited to the following:
Illegal, ‘objectionable’, ‘ineffective’ and/or ‘dangerous’ products (Third Wave reserves the right to determine what is ‘objectionable’, ‘ineffective’ and/or ‘dangerous’) fraudulent, deceptive, illicit, misleading or offensive material that misrepresents, ridicules, discriminates (real or implied) or attacks an individual or group on the basis of age, national origin, race, religion, gender, sexual orientation, marital status, disability or any other status deemed inappropriate for the Third Wave Directory.
Third Wave reserves the right to decide at any time in its sole discretion whether it will accept, reject, cancel, or remove Profiles from the Third Wave Directory. Third Wave cannot provide any assurances that Profiles will perform without error on all platforms, including websites and mobile applications.
It is the provider’s responsibility to comply with all domestic and foreign laws and regulations applicable to its Profiles within the Third Wave Directory (and to include all legally required legends, disclosures and statements in such Profiles), including without limitation the current FDA guidelines for Direct to Physician (DTP) and Direct to Consumer (DTC) Profiles. Third Wave will not monitor compliance with such laws and regulations. However, Third Wave reserves the right to review all Profiles for compliance with applicable laws and regulations and, if Third Wave becomes aware of any breach or potential breach of any applicable law or regulation or of these guidelines, Third Wave may remove the Profiles from the Third Wave Directory.
Provider Image Guidelines
As part of our commitment to maintaining a professional and brand-consistent directory, we ask all providers to adhere to the following image selection guidelines:
- Primary Featured Image: Each business entity is to select its official brand logo as the primary featured image for its listing. This ensures immediate recognition and consistency across our directory.
- Image Quality: All images must be high resolution and clearly visible, without any distortion or pixelation that could impair the brand’s presentation.
- Format and Size: To ensure optimal display on the platform, logos should be submitted in a standard format (preferably .webp, .png or .jpg) and adhere to our recommended size guidelines, with a minimum resolution of 553px x 455px and a 12.1/10 aspect ratio. Images submitted with different aspect ratios will be automatically cropped.
- Usage Rights: Providers must guarantee that they possess the necessary rights and permissions to use the logo, and that its use on our platform does not infringe upon any third-party rights.
- Compliance: By completing the provider registration process, providers agree to these guidelines as part of our terms of service. Third Wave reserves the right to adjust the featured images to meet these guidelines should a business entity’s initial submission not comply.
We believe these guidelines will enhance our directory’s overall quality and uniformity, benefiting both the providers and users who rely on our services.
Registration Rules
To post certain material to the Site, such as professional profiles in the directory, you will be required to register. We will request information from you, including your name and email, for your registration. You must provide us with true and accurate registration information. We will not share your registration information with third parties, except as necessary to provide you with services you request or with your permission as provided in the Site Privacy Policy.
We will assign a user name and password to you. You may not share your account, user name or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your user name and password.
If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.
Materials you post to the Site may not contain: (1) URLs or links to websites that compete with the Site; (2) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner’s permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything that is embarrassing or offensive to another person, group or entity.
You may not use your Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of you own services, post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (4) post chain letters or pyramid schemes; or (5) post opinions or notices, commercial or otherwise.
Materials that encourage our users to “email for more details” are not permitted. Materials from any third party charging a fee are not permitted.
We are under no obligation to monitor the materials posted on the Site by users, but we may monitor materials at random. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified by a user that any user materials on the Site violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.
You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited.
You may not send (or encourage or help others to send) unsolicited commercial email to our users.Report inappropriate postings or conduct to [email protected].
You may not delete or revise any material posted by any other person or entity.
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited. We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.
Safety and Conduct Review
Third Wave reserves the right to review, suspend, or permanently remove any Provider or Profile from the Directory if credible reports, complaints, or evidence suggest conduct that endangers participant safety, violates ethical or legal standards, or damages public trust in the psychedelic ecosystem. Third Wave is not required to prove such conduct in a court of law and may act at its sole discretion based on its assessment of risk or reputation.
IP Rights
- All intellectual property rights relating to the Platform, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as rights to knowhow (“IP Rights”), are owned by Third Wave, its licensors or our Providers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from Third Wave to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.
- By uploading reviews and other content, you grant Third Wave a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
- You represent and warrant that you have all rights to grant the licenses, without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, IP Rights, or any other proprietary rights. You indemnify Third Wave against any and all third-party claims, based upon any alleged infringement of such third-party rights in relation to the content you submitted.
Privacy
- In order to make use of the Platform, it is required that you provide Third Wave with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy, such as the General Data Protection Regulation (GDPR), The California Online Privacy Protection Act (CalOPPA), California Consumer Privacy Act (CCPA), and other legislation targeting the processing and storage of personally-identifying information. Third Wave only uses your personal data in accordance with the Privacy Policy.
- In order to submit a Request or make a Reservation, you may be required to provide personal data to a Provider. The Provider is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by a Provider.
In other words:
“We take your privacy very seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After making a reservation or booking, the Provider is responsible for handling your personal information. For more info check out our Privacy Policy.”
Liability
- Any liability on Third Wave’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
Warranties and indemnifications
- Except as expressly provided in these Terms of Use, Third Wave makes no warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, or accuracy of the Platform. Furthermore, Third Wave does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels, and/or therapeutic benefits related to a particular provider’s services.
- The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations, is the sole responsibility of you and a Provider. You indemnify Third Wave from all claims submitted by a Provider or a third party that relates to Reservations made by you with that specific Provider, as well as to the payment of such Reservations.
- However, Third Wave will provide assistance to you to the best of its abilities in case any issues arise between you and a Provider in order to resolve those issues.
- You guarantee that you will not use the Platform in a way that:
- infringes the rights of Third Wave or third parties such as other users or Providers, including but not limited to IP Rights or rights in relation to the protection of privacy;
- is contrary to any current legislation or regulations; or
- is contrary to any provision in these Terms of Use.
Unlawful content
- Third Wave is not responsible for any content made available on the Platform. Third Wave will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
- Third Wave has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Third Wave. This can be done by flagging the specific content as unlawful, whereupon Third Wave shall receive a notification.
- Third Wave reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests.
- In such a situation Third Wave can request a court order from a competent court to determine whether the material or the activity is unlawful and should be removed.
- Third Wave will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
- The person that has reported unlawful content indemnifies Third Wave from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Third Wave suffers, could suffer, or which Third Wave incur in relation to such a claim, including but not limited to the compensation of legal assistance.
- Third Wave respects and protects the privacy of those who report (alleged) unlawful content. All personal data Third Wave receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
In other words:
“In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content.”
Applicable law and competent court
- The Terms of Use and the use of the Platform are governed by US law. Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in the State of Delaware.
- Third Wave may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Provider is not permitted to transfer any right derived from an Account to third parties without Third Wave’s prior written consent.
- If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
