Terms Of Use

Welcome to www.3rdconversation.com (the “Site”), a website owned and operated by Original Education Inc. (“OEI”). This Agreement (“Terms of Use”) contains the terms, covenants, conditions, and provisions upon which you may access and use the Site and the information and materials found on the Site. These Terms of Use are effective as of July 1, 2013.

1. Acceptance of Terms of Use

By accessing, browsing, or otherwise using the Site or any of the Original Education Inc. websites (collectively the “Service”) you agree that you fully understand and agree to be bound by the Terms of Use.

2. Description of the Service

General Description: The Service is a collaborative website that allows members of the Site to share their ideas and interests and access tools and structures to help with the practice of the concepts shared by Original Education Inc.. Through the Service you can share stories and experiences and learn about how others have reaped the benefits of practicing the concepts shared by Original Education, Inc.

Adults Only: The Service is intended for adults only. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you represent and warrant that you are over the age of thirteen (13). The Service will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy, available www.3rdconversation.com/privacy, for more information including how to notify us of any concerns in this regard.

Right to Modify Service: OEI reserves the right at any time and from time to time to modify, suspend, remove, or discontinue, temporarily or permanently the Service (or any part thereof including without limitation the Site or any part thereof) with or without notice. OEI shall not be liable to you or to any third party for any modification, suspension, removal or discontinuance of such Service. OEI may establish general practices and limits concerning use of the Service.

Changes to these Terms of Use: OEI reserves the right to modify these Terms of Use at any time, and without prior notice, by posting amended terms at this website, www.3rdconversation.com/terms. Changes will be posted and will indicate the new Terms of Use effective date. Your continued use of the Service indicates your acceptance of the current Terms of Use.

3. Member Conduct

Conditions of Use: As a condition of use, you may not, in connection with the Service:

  • Upload, post, email or otherwise transmit any User Content that:
    • is libellous or defamatory, pornographic (including having nudity),sexually explicit, unlawful or plagiarized;
    • infringes or violates any patent, copyright, trademark, trade secret or other intellectual property right;
    • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
    • constitutes a breach of any person’s privacy or publicity rights;
    • post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
    • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
    • promotes software or services that deliver unsolicited e-mail;
    • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
    • contains hyper-links to other sites that contain content that falls within the descriptions set forth above; or
    • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
  • Provide false or deceptive information, including without limitation User Content, that impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the information;
  • Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other Content when you have not been granted the privileges to do so; or
  • Allow usage by others in such a way as to violate these Terms of Use.

4. Registration of Account and Passwords

As a condition of subscribing to the Service, you are required to select a username and password (collectively, “Account”). You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other Account identifiers which you choose or are assigned as a result of any registration or subscription on to a Service, and (b) all activities that occur, including transaction effected, and Content (defined below) that is made available under such Account. You shall not create multiple member accounts with the intention of artificially exploiting features in the Service. Further, you agree to notify OEI of any unauthorized use of your Account. OEI will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this provision.

You acknowledge that the Service is for personal use only. You agree that you will not use the Service for any commercial purposes.

5. Ownership of Copyright

Unless otherwise noted, all content created or authored, posted, or offered by OEI on the Service is the property of Original Education Inc. and may not be copied or used in any fashion whatsoever without the express written permission of Original Education Inc.

6. Content Submitted for Inclusion or Made Available on the Service

The Service permits you to share your own pictures, texts, or other content (“Content”) with other users of the Service by making that Content available to the Service. Upon submission of any Content to the Service you hereby grant to the Service full and exclusive right, ownership and copyright interest in that Content worldwide and also hereby certify that you have the right to do that. OEI will thereafter have the right to (i) use, reproduce, publish, edit, translate, modify, adapt, distribute, publicly perform, and publicly display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.

Links to Other Sites and Resources: The Service contains links to other websites and/or resources. OEI has no control over such external sites and resources. You agree that (i) OEI is not responsible for the availability or accuracy of such external sites and resources, (ii) OEI does not endorse nor is it responsible or liable for any content, advertising, products, or materials on or available from such external sites and resources, (iii) any opinions, advice, statements, services, offers, or other information of those parties, including information providers and users, are those of the respective author(s) or distributor(s) and not the Service or Original Education Inc., and (iv) neither the Service nor Original Education Inc. guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

Inappropriate User-Submitted Content: OEI prohibits certain conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content from the Service. You acknowledge and agree that (i) OEI is not and cannot be responsible for Content posted by users, visitors, or members of the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.

7. Copyright Policy

We respect the intellectual property rights of others, and we ask that the users of our Service do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the memberships of those who we believe in good faith are repeatedly infringing copyrighted works.

8. Privacy Policy

OEI takes the privacy of its members very seriously. Our Privacy Policy is available at www.3rdconversation.com/privacy. By accepting the Terms of Use, you agree to be bound by our Privacy Policy.

9. Indemnity

By accepting the Terms of Use, you agree to indemnify and hold OEI and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use (including our Privacy Policy), and/or your violation of any rights of another.

10. Warranty Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SITE, OR ANY PART THEREOF, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OEI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. OEI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. OEI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND OEI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

SOME STATES, PROVINCES OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

11. Limitation of Liability

YOU AGREE THAT OEI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME PROVINCES, STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. Termination

OEI reserves the right to terminate your use of the Service immediately, without prior notice or liability, for any reason.

You can terminate the use of the Service at any time and for any reason, and we will make available through the Service reasonable means for you to do so. If you terminate your use of the Service prior to, we will gladly refund the unused portion of your fee including the fee relating to the month of termination.

All relevant terms of the Terms of Use will survive termination, including, without limitation, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.

13. Miscellaneous

Entire Agreement: The Terms of Use, including OEI’s Privacy Policy which are hereby incorporated by reference, constitute the entire agreement between you and OEI and governs your use of the Service, superseding any prior agreements between you and OEI.

Governing Laws: These Terms of Use shall be governed by and construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regard to the conflicts of laws principles. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply to this Agreement.

Dispute Resolution: As a condition of your use of the Service, you (and your parents/legal guardians if you are a minor) agree that any and all disputes which cannot be resolved between the parties, claims or causes of action arising out of or connected with the use of the Service shall be resolved individually, without resort to any form of class action exclusively by arbitration conducted in the Province of Ontario, Canada pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damage, or any other damages, including legal fees, other than your actual out-of-pocket expenses (i.e. costs associated with use of the Service), and you further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Use, or your rights and obligations or OEI’s rights and obligations in connection with the Service, shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada, and all proceedings shall take place in that province.

Waiver and Severability: The failure of OEI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the Terms of Use, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

Notices: OEI may provide you with notices, including, without limitation, those regarding changes to the Terms of Use and other service-related announcements, by email and/or by postings on the Service (for example, by posting to the blog, or on the relevant page(s) of the Service affected by such changes).

Trademarks: OEI, 3rd Conversation, Third Conversation. The OEI, 3rd Conversation and Third Conversation logos, and other OEI logos and names are trademarks of OEI. You agree not to display or use these trademarks in any manner without OEI’s prior, written consent.

Contact Information. Please send any questions or comments, or report any Terms of Use violations, to contact(a)3rdconversation.com