1. ACCEPTANCE OF TERMS
The personal assistant services (delivery, shopping, and administrative support), website (www.3rdarm.life) and mobile applications (all referred to as “3rdArm Solutions”) 3rdArm, Inc. provides to User (an individual or business), is subject to the following Terms of Service ("TOS"). 3rdArm, Inc. reserves the right to update the TOS at any time without notice to User. The most current version of the TOS can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of our Web pages.
A. This Agreement, which incorporates by reference other provisions applicable to use of 3rdArm Solutions, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in 3rdArm Solutions, sets forth the terms and conditions that apply to the use of 3rdArm Solutions by User. By using 3rdArm, Inc. (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use 3rdArm Solutions is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. 3rdArm, Inc. shall have the right at any time to change or discontinue any aspect or feature of 3rdArm Solutions, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
3rdArm, Inc. shall have the right at any time to change or modify the terms and conditions applicable to User's use of 3rdArm Solutions, or any part thereof, or to impose new conditions, including, but not limited to, adding/updating fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the company website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of 3rdArm Solutions by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. Any automatic credit card authorization is deemed to be updated to be an acceptance of any raise or change in price.
3. DESCRIPTION OF SERVICES
Through its web and mobile solution property, 3rdArm, Inc. provides User with access to a variety of resources, including recipes based on user preferences, meal calendars created from User recipes, personal and shared task lists, third-party retailer/supplier/service provider listings and service information (collectively "Services"). Users can manage their daily tasks or share tasks with friends, family, the user community or the 3rdArm Service (to provide personal assistant services) as outlined in Section 1. 3rdArm, Inc. may utilize independent contractors, partners and/or agents as needed to meet Service demand. Users are also able to engage with listed service providers for services. Terms, ongoing communications and/or payment for services is agreed upon directly between User and service provider and is not part of the service provided by 3rdArm, Inc. 3rdArm, Inc. is not responsible for the performance of Users or third-party retailer/supplier/service providers nor of the integrity, responsibility, qualifications, actions or omissions whatsoever of any Users. The Services, including any new service offerings, web/mobile app updates, enhancements, new features, and/or the addition of any new properties, are subject to the TOS.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of 3rdArm Solutions and all charges related thereto.
5. USER CONDUCT
B. 3rdArm Solutions contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of 3rdArm Solutions are copyrighted as a collective work under the United States copyright laws. 3rdArm, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of 3rdArm, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on 3rdArm Solutions any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of 3rdArm Solutions, User automatically grants, or warrants that the owner of such material has expressly granted 3rdArm, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants 3rdArm, Inc. the right to edit, copy, publish and distribute any material made available on 3rdArm Solutions by User.
D. The foregoing provisions of Section 5 are for the benefit of 3rdArm, Inc., its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, calendars, photos, and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive initial messages, tasks or recipes that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
3rdArm, Inc. has no obligation to monitor the Communication Services. However, 3rdArm, Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. 3rdArm, Inc. reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. 3rdArm, Inc. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 3rdArm, Inc.'s sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. 3rdArm, Inc. does not control or endorse the content, messages or information found in any Communication Services and, therefore, 3rdArm, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized 3rdArm, Inc. spokespersons, and their views do not necessarily reflect those of 3rdArm, Inc.
3rdArm does not warrant any content posted by any user or third party in any way. While it reserves the right to remove scandalous and inappropriate material it does not vet or curate third party postings.
7. USER ACCOUNT AND SECURITY
A. User must register to open an account by providing 3rdArm, Inc. with current, complete and accurate information as prompted by the applicable registration form. User also will authenticate its credentials by using one of several third-party authentication providers (O-Auth).
B. User must be 21 years old and at least the legally required age in the jurisdiction in which User resides, and otherwise capable of entering into binding contracts, in order to use or access 3rdArm Solutions. If Users are under 21 years old or the age of majority in User jurisdiction, then User may not use or access 3rdArm Solutions. Children under 13 years old are prohibited from accessing 3rdArm Solutions or otherwise providing any personal information to 3rdArm, Inc.
D. By providing a mobile phone number and using 3rdArm Solutions, User hereby affirmatively consents to 3rdArm Inc.’s use of User mobile phone number for calls and/or recurring texts, (including with an auto-dialer and/or prerecorded voice) in order to (a) complete the tasks requested of 3rdArm through the platform, (b) improve upon services, mobile app and/or website, and (c) provide User with information and reminders regarding User upcoming tasks, progress of tasks, changes and updates, or service outages. These calls and texts may include, among other things, reminders about incomplete or upcoming tasks, notices from mobile taskers and shoppers on deliveries and preferences and/or in follow up to any push notifications delivered through the mobile application. 3rdArm, Inc. will not assess any charges for calls or texts, but standard message charges or other charges from User wireless carrier may apply. User may opt-out of receiving texts messages from 3rdArm, Inc. by modifying User account profile in My Settings, texting “STOP” in response to any texts, or by emailing and specifying User wants to opt-out of texts. User may opt-out of receiving calls from 3rdArm, Inc. by stating that User no longer wishes to receive calls by calling 3rdArm, Inc., or by emailing support@3rdArm.life and specifying User wants to opt-out of calls. User understands that 3rdArm, Inc. may send User a text confirming any opt-out by User.
User may access and purchase 3rdArm single or monthly service packages from the 3rdArm website and will be required to provide their credit card and/or third-party payment information through the payment service provider. Service packages will consist of a particular number of services (pick up/deliveries, shopping trips, meal plans, administrative services etc.) specifically outlined on the website Services Page specifically which may change from time to time. As services are utilized a balance is maintained for User to manage and continue to use as needed. Users are responsible for notifying 3rdArm, Inc. in the month of service if a billing or balance discrepancy exists in order to reconcile the account quickly and resume service. Discrepancies not disputed within sixty days are waived.
A. Monthly Service Package Subscriptions: By purchasing a Monthly Service Package Subscription, you agree to an initial and recurring Monthly Subscription Fee charged on the credit card provided at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges including any increases until you cancel your subscription.
B. E-Gift Cards and Promos: 3rdArm, Inc. may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of 3rdArm, Inc. pursuant to applicable law, and can be activated, modified, or removed at any time by 3rdArm, Inc. without advance notification. The liability of any of 3rdArm, Inc.’s corporate partners pursuant to such promotional opportunities and contests shall be limited pursuant to Section 12 of these Terms of Service. 3rdArm, Inc. electronic gift cards (“e-Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay for applicable 3rdArm service packages and applied at check out on the website.
Promos: 3rdArm, Inc. reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by User in the event that 3rdArm, Inc. determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
E-Gift Cards: User agrees to comply with all e-Gift Card terms and conditions. e-Gift Cards have no expiration date, but in certain U.S. states, after a period of time, 3rdArm, Inc. may remit the cash associated with unused e-Gift Card balances to the state pursuant to that state’s abandoned property laws. Once 3rdArm, Inc. has remitted such cash to a state, the e-Gift Card may no longer be redeemed and 3rdArm, Inc. may direct the e-Gift Card holder to that state’s government instead. e-Gift Cards have no cash value and are not redeemable for cash except in the following thirteen U.S. states where it is required by law to the extent noted below: California, Colorado, Connecticut, Maine, Massachusetts, Montana, New Jersey, Oregon, Rhode Island, Texas, Vermont, Washington, and West Virginia. If you are a resident of one of these U.S. states, and the balance on your e-Gift Card is less than the respective dollar amount below, you may redeem it for cash:
An e-Gift Card cannot be combined with any other e-Gift Cards or other Promo Codes. An e-Gift Card cannot be used as a credit or debit card. 3rdArm, Inc. reserves the right to limit quantities of e-Gift Cards purchased by any person or entity and to cancel an e-Gift Card if it believes that the e-Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your e-Gift Card. You cannot “reload” an e-Gift Card (i.e., you cannot add value/balance to your e-Gift Card at this time). If an e-Gift Card holder's purchase exceeds the amount of that e-Gift Card’s balance, the e-Gift Card holder must pay the difference by another means. Unused e-Gift Card balances are not transferable. 3rdArm, Inc. reserves the right to correct the balance of an e-Gift Card if 3rdArm, Inc. believes that a billing error has occurred. 3rdArm, Inc. disclaims all liability for any such billing errors. e-Gift Cards and their use are subject to this Agreement, and use of an e-Gift Card constitutes acceptance thereof.
9. NOTICE SPECIFIC TO SOFTWARE AVAILABLE WITH 3RDARM SOLUTIONS
Any software that is made available to download from the Services ("Software") is the copyrighted work of 3rdArm, Inc. and/or its suppliers and platform providers. Use of the Software is governed by the terms of the end user license agreement of the platform provider, if any, which accompanies or is included with the platform Software ("License Agreement"). An end user will be unable to install any platform Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, 3RDARM, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, 3RDARM, INC. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. 3RDARM, INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE WITH 3RDARM SOLUTIONS
IN NO EVENT SHALL 3RDARM, INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO 3RDARM, INC. OR POSTED WITH ANY OF ITS 3RDARM SOLUTIONS
3rdArm, Inc. does not claim ownership of the materials User provides to 3rdArm, Inc. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting 3rdArm, Inc., its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all 3rdArm, Inc. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. 3rdArm, Inc. is under no obligation to post or use any Submission User may provide and 3rdArm, Inc. may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Service including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrants and represents that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Service and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Service, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time User completely removes such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely removes such Images. No compensation will be paid with respect to the use of User’s Images.
12. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF 3RDARM SOLUTIONS IS AT USER'S SOLE RISK. NEITHER 3RDARM INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT 3RDARM SOLUTIONS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF 3RDARM SOLUTIONS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH 3RDARM SOLUTIONS.
B. 3RDARM SOLUTIONS IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. 3RDARM ALSO PROVIDES NO WARRANTIES TO ANY THIRD PARTY CONTENT OR FROM ITS SERVICE PROVIERS WHO ARE INDEPENDENT CONTRACTORS WHETHER FROM USERS OR THIRD PARTY PROFESSIONALS OR VENDORS.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT 3RDARM INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL 3RDARM INC., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING 3RDARM SOLUTIONS, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE 3RDARM SOLUTIONS. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, 3RDARM INC., NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN 3RDARM SOLUTIONS, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE 3RDARM INC.'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF 3RDARM INC. AND 3RDARM INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. 3RDARM INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. 3RDARM INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OR WARRANTY BY 3RDARM INC. OF THE SITE.
3rdArm, Inc. is a distributor (and not a developer or publisher) of software and content supplied by third parties and Users. Accordingly, 3rdArm, Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, retailers and service providers, Users or any other user of 3rdArm Solutions, are those of the respective author(s) or distributor(s) and not of 3rdArm, Inc.. Neither 3rdArm, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through 3rdArm Solutions represents the opinions and judgments of the respective information provider, User, or other user not under contract with 3rdArm, Inc. 3rdArm, Inc. neither endorses nor is responsible for the accuracy or reliability of any process, opinion, advice or statement made on 3rdArm Solutions by anyone other than authorized 3rdArm, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will 3rdArm, Inc. be liable for any loss or damage caused by a User's reliance on information obtained through 3rdArm Solutions. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through 3rdArm, Inc. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, process, opinion, advice or other content. In no circumstance is 3rdArm meant to substitute for any professional’s advice.
14. IDEA SUBMISSION POLICY
3RDARM IS A COMMUNITY FOCUSED COMPANY AND APPRECIATES FEEDBACK AND IDEAS TO ENSURE CONTINUOUS IMPROVEMENT FOR THE BENEFIT OF THE COMMUNITIES IT SERVES. IF YOU SEND FEEDBACK OR IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES, PLEASE UNDERSTAND 3RDARM, INC. WILL NOT TREAT YOUR IDEAS AND MATERIALS AS CONFIDENTIAL OR PROPRIETARY. 3RDARM, INC WILL CONSIDER ANY INFORMATION SENT TO BE A GIFT TO USE AT ITS DISCRETION AND WILL NOT COMPENSATE FOR THESE IDEAS UNDER ANY CIRCUMSTANCE.
3rdArm, Inc. shall have the right, but not the obligation, to monitor the content of 3rdArm Solutions, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by 3rdArm, Inc. and to satisfy any law, regulation or authorized government request. 3rdArm, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on 3rdArm Solutions. Without limiting the foregoing, 3rdArm, Inc. shall have the right to remove any material that 3rdArm, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. 3rdArm does not warrant any content posted by any user or third party in any way. While it reserves the right to remove scandalous and inappropriate material it does not vet or curate third party postings.
User agrees to defend, indemnify and hold harmless 3rdArm, Inc., its affiliates and their respective directors, officers, employees, independent contractors, service providers, successors and agents from and against all claims and expenses, including attorneys' fees, arising out of (i) the use or inability to use 3rdArm Solutions, (ii) User breach or violation of this Agreement; (iii) User violation of any law, or the rights of any User or third party and (iv) any content submitted by User or using User account on 3rdArm Solutions, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. User also agrees to indemnify the Indemnified Parties for any Liabilities resulting from User use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action User takes that imposes an unreasonable burden or loan on our infrastructure. 3rdArm, Inc. reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to User indemnification. User will not, in any event, settle any claim or matter without the prior written consent of 3rdArm, Inc.
Either 3rdArm, Inc. or User may terminate this Agreement at any time. Without limiting the foregoing, 3rdArm, Inc. shall have the right to immediately terminate User's Account in the event of any conduct by User which 3rdArm, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement by providing you with written or email notice.
If 3rdArm, Inc. terminates your right to use 3rdArm Solutions or Services for cause as described above, User is prohibited from creating a new account under a different name of any type, even if acting on behalf of a third-party and User will not be entitled to any refund of unused balance in User account.
Other reasons for termination will be dealt with through the cancellation clause above.
This Agreement and any operating rules for 3rdArm Solutions established by 3rdArm, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through 3rdArm Solutions is owned by 3rdArm, Inc., excluding User Generated Content, which Users hereby grant 3rdArm, Inc. a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. 3rdArm, Inc. owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from 3rdArm Solutions without 3rdArm, Inc.’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of 3rdArm, Inc. and, if applicable, the holder of the rights to the User Generated Content.
All rights reserved. All other trademarks appearing on 3rdArm, Inc. are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.