TERMS AND CONDITIONS

Acceptance of the Terms and Conditions

Third Economy, Inc. and its members, officers, directors, owners, employees, agents, representatives, suppliers and service providers (collectively “TE”) provides this website (the “Site”) for informational purposes only. Use of and access to the Site and the information, materials, services, and other content available on or through the Site (“Content”) are subject to the following terms and conditions of use (the “Terms and Conditions”) and all applicable laws.

Please read the Terms and Conditions carefully before you start to use the Site. By using the Site or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 18 years of age or older, reside in the United States or any of its territories or possessions, and are legal U.S. citizens. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site.
Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access the Site so you are aware of any changes, as they are binding on you.

Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

AS A CONDITION TO YOUR AUTHORIZATION TO USE THE SITE AND ACCESS THE CONTENT, YOU AGREE TO NOT SHARE YOUR USERNAME AND PASSWORD COMBINATION WITH ANY THIRD PARTY. ANY UNAUTHORIZED ACCOUNT SHARING RENDERS YOUR ACCESS IMMEDIATELY TERMINABLE WITHOUT ELIGIBILITY FOR ANY REFUND, WITHOUT LIMITATION ON OTHER REMEDIES TE MAY HAVE AGAINST YOU.

Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You must not copy, reproduce, distribute, redistribute, modify, create derivative works of, display, publicly perform, republish, download, license, participate in the transfer or sale of, store, transmit, or in any way exploit the material on our Site, except as follows:

You must not:

You must not upload, post, decompile, reverse-engineer, disassemble, modify, copy, distribute, transmit, reproduce, republish, license, display, sell or transfer, or create derivative products from the Site. You must not publish, transmit, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of TE. You must not use, alter, obscure, or remove any copyright, trademark, or any other notices that are provided to you in connection with the Site.

You represent and warrant that: (i) you will not use the Site in contravention of these Terms and Conditions, (ii) you will use the Site only for the benefit of the yourself and not on behalf of any other person, (iii) you will not cause or permit the transfer to or use by any third party of any Content to which you gain access as a result of your use of the Site; and (iv) with the exception of a web browser and other applications specifically approved by TE in writing, you agree not to use (or allow another person to use) any software, program, application, or other device, directly or indirectly, to access or obtain information through the Site or to automate the process of accessing or obtaining such information.
If you wish to make any use of material on the Site other than as set forth in this section, you may address a request to info@thirdeconomy.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms and Conditions, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

Trademarks

The Company’s name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:

Additionally, you agree not to: Arbitration

All disputes arising in connection with the Site, Content, or relationship between TE and User shall be governed by and interpreted in accordance with the laws of California, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in California before a single arbitrator of the American Arbitration Association ("AAA"). This agreement to arbitrate shall be specifically enforceable. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be an attorney admitted to practice law California. The arbitration shall be conducted in accordance with the then existing Commercial Rules of the American Arbitration Association. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. No party to this agreement will challenge the jurisdiction or venue provisions as provided in this section. Nothing contained herein shall prevent either party from obtaining an injunction. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of these Terms and Conditions by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This provision shall survive the termination or cancellation of these Terms and Conditions or any subscription or membership to the Site or Content.

Site And Content Not Warranted

THE SITE AND CONTENT, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON THE SITE. TE AND ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR USAGE OF TRADE.

Limitation of Liability

IN NO EVENT SHALL TE BE LIABLE TO SUBSCRIBER OR ANY OTHER PARTY FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST REVENUES OR PROFITS) ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER TE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN PARTICULAR, AND WITHOUT LIMITATION, TE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR CONTENT. TE’S AGGREGATE LIABILITY FOR DIRECT DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY SUBSCRIBER (IF ANY) DURING THE PERIOD TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THIS SITE MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.

Disclaimer of Liability

TE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE FOR (i) THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF ANY INFORMATION PROVIDED ON IT OR THROUGH THE SITE; (ii) THE PERFORMANCE OF THE SITE OR CONTENT AVAILABLE ON OR THROUGH THE SITE; (iii) ANY INTERRUPTION IN YOUR BEING ABLE TO ACCESS ANY OF THE FOREGOING OR ANY OTHER ASPECT OF THE SITE; OR (IV) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON ANY OF FOREGOING. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE MADE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. PRODUCT/SERVICE SPECIFICATIONS AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

In exchange for using the Site, you agree not to hold TE, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.

INVESTMENT RELATED DISCLOSURES AND DISCLAIMERS No Investment Advice

YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF YOUR INVESTMENT CHOICES IN LIGHT OF YOUR PARTICULAR CIRCUMSTANCES. YOU UNDERSTAND THAT TE ASSUMES NO RESPONSIBILITY FOR SUCH DETERMINATION. As a self-directed investor, you assume full responsibility for each and every transaction you make and for your own investment strategies and decisions. You understand and agree that TE and will have no liability whatsoever for the results of your investment strategies, transactions, and decisions.

All Content on this Site is information of a general nature and does not address the circumstances of any particular individual or entity. You are encouraged to seek financial, tax and legal advice from your professional advisors who can address your unique financial, tax, legal, and other relevant circumstances.
You, the user, assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content. The Content is for informational purposes only, and you should not construe any such information or other material as legal, tax, investment, financial, or other advice.

No Offer Or Solicitation

Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by TE to buy or sell any securities or other financial instruments in this or in in any other jurisdiction. References to any specific securities or investment advice of any kind do not constitute an offer to buy or sell securities and are not intended to constitute investment advice of any kind.

No Warranty Or Endorsement

The Site and Content contains information, including, without limitation, statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. TE does not represent, warrant, or otherwise guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the information on the Site or in the Content, including, but not limited to, information originated by TE or its affiliates, and information gathered or referenced by TE from other third-party sources (including, e.g., publicly available sources). There may be delays, omissions, or inaccuracies in the information, which may be material in any case.

No Fiduciary Relationship Or Duty

TE does not assume any fiduciary relationship or duty by virtue of any person’s use of or access to the Site or Content. Neither the Site nor the Content provide or purport to provide any personalized recommendations. TE neither invites nor creates any special relationship of trust or confidence with users of the Site or Content. TE expressly disclaims any duty of care, loyalty, honesty, or good faith with respect to users of the Site or Content. TE does not bear any obligation to make disclosure to clients of any facts about conflicts of interest, and bears no obligation to maintain the confidentiality of any user information provided through the Site. TE does not make any representation or warranty regarding the suitability of the Content contained in or referenced on the Site with respect to the specific investment or other objectives of any user.

Investment Risks

There are risks associated with investing in securities. Investing in stocks, bonds, exchange traded funds, mutual funds, and money market funds involve risk of loss. Loss of principal is possible. Some high risk investments may use leverage, which will accentuate gains & losses. Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. A security’s or a firm’s past investment performance is not a guarantee or predictor of future investment performance.

Third Party Linked Sites

As a convenience to you, TE may provide hyperlinks to web sites operated by third parties. When you select these hyperlinks you will be leaving the TE site. Because TE has no control over such sites or their content, TE is not responsible for the availability of such external sites or their content, and TE does not adopt, endorse or nor is responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other web sites may provide links to the Site or Content with or without our authorization. TE does not endorse such sites and shall not be responsible or liable for any links from those sites to the Site or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. TE may, in its sole discretion, block links to the Site and Content without prior notice.

YOUR USE OF THIRD PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS AND CONDITIONS.

Geographic Restrictions

The owner of the Site is based in the state of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.