The 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 Perfect Form Associates, LLC (“The Third Wave”).

 

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

The 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

The 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 The 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 The Third Wave under the copyright laws of the United States and other countries. The 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. The Third Wave reserves all rights not expressly granted in and to the Site and the Content.

 

Unless otherwise noted, The 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 The 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 The 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 The 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 The 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 The 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 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 The 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 The Third Wave is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to The 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 The 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 The Third Wave. The Third Wave shall have no obligation to store, keep copies of or return any User Submissions. The 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 The 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. THE 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.

THIRD PARTY CONTENT

The 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 The Third Wave. The 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.

DISCLAIMERS/LIMITATION OF LIABILITY

While The Third Wave uses reasonable efforts to include accurate and up to date information on the Site, The Third Wave makes no warranties or representations as to its accuracy. The 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, THE 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. THE 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. THE 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 THE 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 THE 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 The Third Wave has no control. The 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. The 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 State of New York, 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 The 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 The 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 The 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 The 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.