The3rdChoice.org Terms of Use

This Website is owned and operated by The 3rd Choice, Inc. (the “Organization” or “we”).   Your access to the website at The3rdChoice.org (the “Website”) is subject to the following Terms of Use.  Your use of the Website indicates your acceptance, without limitation or qualification, of these Terms of Use.

Acceptance of the Terms of Use and Privacy Policy

You hereby accept the Terms of Use and also the Privacy Policy that is available via the home page of the Website.  The Terms of Use are set forth below.

Your Age

Persons under 13 years of age are prohibited from using the Website.

Your Account

You agree not to provide any false information about yourself when creating an account to use the Website.  You will not create an account for anyone other than yourself (unless you are a parent or guardian creating an account for your child.)  You will not create more than one personal account.  You will keep your contact information up-to-date.  You cannot transfer your account to anyone.  You will not use the Website if you are a convicted sex offender.  We may terminate your account at any time in our sole discretion.

Copyright Notice

Except for materials prepared by other persons or organizations or taken from public sources or pursuant to a license, all text, artwork, graphics and other works of authorship created by or for the Organization and made part of this Website, together with the selection, arrangement and presentation of such materials, are protected copyrights of the Organization.  Our copyright notice is set forth here:  © The 3rd Choice, Inc. All rights reserved.

Claims of Copyright Infringement

We respect the intellectual property of others.  Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

Notification must be submitted to the following Designated Agent: Service Provider: The 3rd Choice, Inc.

Name of Agent Designated to Receive Notification of Claimed Infringement: Anne F. Downey, Esq.

Full Address of Designated Agent to Which Notification Should be Sent: 8999 Rockwood Rd., Boston, NY 14025, USA

Telephone Number of Designated Agent: (716) 941-5423

Facsimile Number of Designated Agent: (716) 941-6382

E-Mail Address of Designated Agent: adowney@DowneysLaw.com

To be effective, the notification must be a written communication that includes the following:

1.     A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4.     Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5.     A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6.     A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

a.   Your physical or electronic signature;

b.   Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

c.   A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

d.   Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Organization may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Trademarks

The name “The 3rd Choice” and other abbreviations or versions of that name are trademarks of the Organization.  Other trademarks and service marks referenced at this Website may be the trademarks of their respective owners.  You may not use, copy or alter any trademarks of the Organization without our prior written consent.

Use of materials at this Website

You may access, print or download one copy of information from this site for your noncommercial personal use only, provided that you maintain all copyright and other proprietary notices contained in the materials.  You may not otherwise access, use, copy, distribute, upload, modify, reuse, or report such information without the express written permission of the Organization.  You agree not to use or launch any automated system including without limitation “robots” or “spiders” that scrape data from the site.

The materials included at the Website have been compiled by the Organization from a variety of sources and are subject to change without notice.

The Organization reserves the right, in its sole discretion and at any time, to direct you to stop using the Website.

You may not post or transmit any messages, or otherwise engage in any activity related to this Website, in any manner that is unlawful or that violates the rights of the Organization or any third party.  This Website is served and maintained in the State of New York.  You agree not to download or otherwise export any items in violation of United States export controls.

Passwords

Any password you receive from the Organization to access this Website shall remain the property of the Organization.  Any password you create for use of this Website can be accessed and used by the Organization in order to confirm and secure proper usage of this site.

You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password.  You agree to immediately notify the Organization of any unauthorized access to or use of your password.

Materials that you transmit

You, and not the Organization, are solely responsible for all materials that you upload, post, email or otherwise transmit (collectively, “Transmit”) via any portion of this Website.  You agree not to use the Website to: Transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another’s privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; Transmit any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; Transmit any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collection information about others.

The Organization has the right, but not the obligation, to monitor all communications to and from this Website.  The Organization reserves the right to remove user comments, block user comments, revoke passwords or deny access to the Website at any time.
You hereby agree to indemnify and hold harmless the Organization, and its managers, directors, officer, employees, agents, volunteers and affiliates, from and against any and all liability, cost and expense related to any materials you Transmit or your violation of these Terms of Use.

Donations and Payments

At the discretion of the Organization, donations may be accepted through the Website. The Organization may also elect from time to time to provide goods or services for a fee.  By entering into a donation or purchase transaction through the Website, you hereby authorize the Organization or its agents to charge your credit or debit card or PayPal account or similar account or payment mechanism that you designate for the amount indicated.   The Organization reserves the right to charge a processing fee or other fees if so indicated.  Amounts will be in U.S. Dollars unless otherwise indicated.  The Organization reserves the right to change the terms and conditions relating to donations and payments, provided, however, that such modifications shall not affect past transactions and shall only be effective after we post such modifications on the applicable webpage. If you seek to cancel a payment, please contact us, but we reserve the right to recoup our expenses related to the cancellation. You agree to pay any taxes, including sales or use taxes, resulting from your use of the Website. You are responsible and liable for any fees, including attorney and collection fees, that we may incur in our efforts to collect any balances due from you. To the extent applicable, you also understand and agree that you will be billed for and will pay any outstanding balances if you cancel your account or your account is terminated. You must notify us of any billing problems or discrepancies within sixty (60) days after they first appear on your credit card account statement. If you do not notify us within sixty (60) days, you waive any right to dispute such problems or discrepancies.

No Professional Advice

The material contained at this Website is offered as information only and not as medical, legal, counseling, financial, tax, or other professional advice.  Users need to consult their own professional advisors for such advice.

Links

This site may contain links or other access to third party sites or resources that are not maintained by the Organization. Such links and access to other sites and resources are provided to you as a convenience only.  Third party sites and resources are not under the control of the Organization, and the Organization is not responsible for any such site or resource.  The inclusion of any link to such sites or resources does not imply that the Organization endorses or accepts any responsibility for the content or the use of those sites or resources. If you use the links to connect to a third party site, you will be subject to the Terms of Use and Privacy Policy of the third party site.

DISCLAIMER OF WARRANTY

ANY GOODS, SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  THE ORGANIZATION MAKES NO WARRANTIES THAT THE MATERIALS ARE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

THE ORGANIZATION AND ITS AFFILIATES, AND ITS AND THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THIS WEBSITE OR OUR GOODS, SERVICES, INFORMATION OR MATERIALS, REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE SAME, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE THEREON.

EXCLUSION OF DAMAGES

IN NO EVENT SHALL THE ORGANIZATION, AND ITS AFFILIATES, AND ITS AND THEIR MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR ACCESS TO THE GOODS, SERVICES, INFORMATION OR MATERIALS CONTAINED AT OR RELATED TO THIS WEBSITE. 

Miscellaneous

These Terms of Use are governed by and will be interpreted pursuant to the laws of the State of New York (without applying New York’s conflict-of-law principles).  If any portions of these Terms of Use are held to be unlawful, void or unenforceable, such portion will be deemed severable and will not affect the enforceability of the remaining portions.  The Organization may revise these Terms of Use at any time without prior notice by updating this posting.  Your continued use of this site after such changes are posted will signify your acceptance thereof.