TERMS AND CONDITIONS OF USE
This Terms of Use Agreement is effective as of July 9th, 2026.
Introduction
Welcome to our website, [o3p.com] (the "Site"), and the Our Third Place membership community (the "Community"). This Terms and Conditions of Use Agreement (the "Agreement") is entered into between you and The Media Dinner LLC, doing business as Our Third Place (the "Company"), and defines the terms and conditions applicable to your use and purchase of products and/or services from the Site, including membership in the Community. The terms "we," "us," and "our" refer to the Company. The terms "user," "member," "customer," "you," and "your" refer to visitors, members, and users of the Site and Community.
Agreement
This Site and the Community are maintained as a service to our members and customers. By using this Site and the Community — whether online or at any in-person event or space — you agree that you have read, understood, and agree to be bound by the following terms and conditions of use. You further agree that you are at least 18 years old or of legal age in your applicable jurisdiction and can enter into a legally binding contract with the Company. Please review these terms and conditions carefully. You should not use this Site or join the Community if you do not agree to these terms and conditions. Please also note this Agreement may be modified at any time by the Company, with or without notice. Any such modifications shall be effective immediately. Your continued use of any part of this Site, the Community, or any service constitutes your acceptance of such changes to this Agreement. You can view the most recent version of these terms at any time here.
Privacy Policy
We care about data privacy and security when you visit our Site and participate in the Community. Please review our Privacy Policy at [o3p.com/privacy]. By using our Site and Community, you agree to be bound by this Privacy Policy, which is incorporated by reference into this Agreement. Please be advised our Site and the Community are hosted in the United States & EU. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then you are transferring your data to the United States through your continued use of the Site, and you agree to have your data transferred to and processed in the United States.
User Representations
By using the Site and participating in the Community, you represent and warrant that: (i) you have the legal capacity to do so and you agree to comply with this Agreement; (ii) you agree not to copy materials on the Site or in the Community, reverse engineer, or break into the Site or Community, or use materials, products or services in violation of any law; (iii) you will not access the Site or Community through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Site or Community for any illegal or unauthorized purpose; and (v) your use of the Site and Community will not violate any applicable law or regulation. If you provide any information that we deem to be untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and Community (or any portion thereof).
Membership
Membership in the Community is personal to you, non-transferable, and may not be shared, resold, or assigned. The Company may require an application or approval and may accept, decline, suspend, or revoke any membership in its sole discretion, consistent with applicable anti-discrimination law. The Company may offer different membership tiers with different benefits, access, pricing, and terms, and may add, change, or discontinue tiers, benefits, events, spaces, or features at any time. Membership grants you a limited, revocable, non-exclusive license to access the Community for your personal, non-commercial use only; it does not grant you any ownership interest in the Company, the Community, or its content, member base, or data.
In-Person Events and Assumption of Risk
The Community includes in-person gatherings, events, and physical spaces. You attend and participate voluntarily and, to the fullest extent permitted by law, you assume all risks associated with attending events and any guests you may bring to events using physical spaces, including risks of personal injury, illness, exposure to communicable disease, or loss of or damage to property. You agree to comply with all rules of any venue and any event-specific guidelines we provide. To the fullest extent permitted by law, you release and waive claims against the Company and its members, managers, officers, employees, hosts, and volunteers arising out of or relating to your attendance or participation, except for harm caused by our gross negligence or willful misconduct. The Company does not supervise, vet, or endorse members and is not responsible for the conduct of any member, guest, host, or third party, whether online, at events, or in private interactions arranged through the Community. You interact with others at your own risk.
Photography and Media Release
By attending any Our Third Place in-person event, you acknowledge and agree that photographs, videos, and other recordings may be taken during the event. You grant Our Third Place permission to use your likeness, image, voice, and appearance captured in such recordings for promotional, marketing, advertising, social media, website, and other business purposes, in any media now known or later developed, without further notice, approval, or compensation. If you do not wish to be photographed or recorded, you are responsible for notifying an Our Third Place team member at the start of the event, and we will make reasonable efforts to accommodate your request.
Alcohol Consumption
Some Our Third Place events may be held at venues that serve alcoholic beverages. You are solely responsible for complying with all applicable laws regarding the purchase and consumption of alcohol, including minimum legal drinking age requirements. You agree to consume alcohol responsibly and acknowledge that Our Third Place does not encourage excessive alcohol consumption. Our Third Place is not responsible for any injury, loss, damage, or liability arising from your consumption of alcohol or your actions while under the influence of alcohol. We reserve the right to remove any participant whose behavior is unsafe, disruptive, or inappropriate, without refund. You are responsible for arranging safe transportation to and from events if you choose to consume alcohol.
Intellectual Property Rights
The Community and the Site and their entire contents, features, and functionality (including but not limited to all information, 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. This Agreement permits you to use the Site and the Community for your personal, non-commercial use only. Under no circumstances will you acquire any ownership rights or other interest in any content on this Site by or through your use of this Site.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site or Community, except as follows:
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Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
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You may store files that are automatically cached by your Web browser for display enhancement purposes.
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You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
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You must not:
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Modify copies of any materials from this Site or the Community.
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Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
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Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
You must not access or use any part of the Site, the Community, or any services or materials available through the Site or Community for commercial purposes. If you wish to use material on the Site or Community other than as set out in this section, please email your request to [hello@o3p.com].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site or Community in breach of the Agreement, your right to use the Site or participate in the Community 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, the Community, or any content thereon is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site or Community not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Trademarks
The Company name, "Our Third Place," 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 these trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site and in the Community are the trademarks of their respective owners.
Member Data and Confidentiality
Trust and privacy are the foundation of the Community. Member information — including names, contact details, photographs, social handles, workplace, location, and anything shared in confidence within the Community — is confidential and is provided to you solely for personal, non-commercial community use. You agree that you will not, without the affected member's express prior consent in each instance and, where applicable, the Company's written authorization:
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collect, harvest, scrape, copy, store, or compile any other member's personal information or a directory or list of members;
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screenshot, record, forward, republish, or otherwise disclose any member's personal information, private messages, member directories, or event attendee lists to anyone outside the Community;
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use any member information for any commercial, political, marketing, fundraising, or promotional purpose, including building contact, client, or mailing lists; or
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disclose personal stories, struggles, or details shared by members in members-only spaces.
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Misuse of member data is a serious violation of this Agreement and may result in immediate termination and legal action. This obligation survives termination of your membership.
Hyperlinking
This Site may be hyperlinked to and by other websites not maintained by or related to the Company. Hyperlinks to other sites are provided as a service to you and are not sponsored by, endorsed, or otherwise affiliated with this Site, the Community, or Company. Company has not reviewed every page of these other sites and is not responsible for the content of any linking sites. Any links made directly from the Site to another web page should be accessed at your own risk. You are responsible for reviewing the terms and conditions of use, and any privacy policies, for any third-party sites. Company makes no representations or warranties about the content, completeness, quality, or accuracy of any other such website and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site or the Community.
Social Media Services
You may be able to log into and use the Site or the Community through various online third-party services. Any information you provide to such third-party services that is provided to us will be used, stored, and disclosed by us pursuant to our Privacy Policy. The manner in which your information is used, stored, and disclosed by these third-party services is governed solely by those third parties. Company has no liability or responsibility for the actions of, or failure to act by, such third parties.
Third Party Providers
Our Site and Community may contain links to third-party websites, advertisers, services, software components, special offers, or other events or activities that are not owned or controlled by us. We don't endorse or assume any responsibility for any third-party websites, information, materials, products, or services. If you access any third-party website, service, or content from our Site or the Community, you do so at your own risk. You agree that we have no liability arising from your use of, purchase from, or access to any third-party website, service, or content.
By using our Site, the Community, and services, you consent to Company sharing your information as necessary to enable third parties' activities. Third-party providers are subject to a separate privacy policy and terms of use. By using our Site and Community, you indicate that you have reviewed the privacy policy and terms of use of our third-party service providers and agree to both.
You further acknowledge that Company does not and cannot control any third-party service provider's technology or actions and is not responsible for any cessation or interruption of the services, compatibility with the services, or any disclosure, modification, or deletion of your data arising from any exchange of your data that may occur between us and third-party providers as part of the services.
Including a link to any other website or resources is for your convenience only. Company has no control over the content of these outside websites and makes no representation as to the quality, suitability, functionality, or legality of these websites. Your use of these websites is entirely at your own discretion and risk. You agree that Company will not be held liable for any damages or claims arising from your use of these outside websites.
Products and Services for Sale
Company is proud to offer quality products and services, including membership, events, and related offerings. Company stands behind its offerings and wants you to be satisfied. Company makes every effort to accurately represent the available listings and descriptions of services on the Site and Community. However, Company makes no guarantees as to the currency, completeness, accuracy, or reliability of such product images or descriptions. If you find a product or service is not as described, please contact Company at hello@o3p.com.
Company makes every effort to ensure the pricing and availability of the products and memberships listed on our Site. However, Company cannot guarantee that a product, membership tier, event, or space will always be available. Offerings may have limited quantities or capacity. Company has the right to correct any errors, inaccuracies, or omissions made on the Site at any time and without prior notice, including the right to cancel any orders containing pricing or availability errors after receiving an order confirmation. Company reserves the right, but is not obligated, to limit the sales of its products or memberships to any person, region, or jurisdiction and to discontinue any offering at any time. The products and services offered are intended for your personal, non-commercial use and are not intended for resale.
Online Orders
When placing an order on the Site, your order acts as an offer to purchase whatever products and services you select, including membership in the Community. Company reserves the right to accept or reject any such order in its discretion and for any reason. Should Company elect to accept your offer, you will receive a confirming email at the email address you provided at the time of your order.
You represent and warrant that you are 18 years of age and have the right to use the means of payment you provide to us. By providing payment information to us, you authorize Company to use the payment information for the purchases you make. Providing any inaccurate or untruthful information regarding billing or payment will result in the cancellation of your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for all the products and memberships you selected as well as applicable taxes and charges.
Company reserves the right to cancel or refuse an order for any reason, including limitations on availability, inaccuracies in pricing or product information, or problems regarding fraud or inaccurate payment information. If a cancellation occurs after your payment has been processed, Company will issue a credit back to you through the payment method used in the amount of the charge.
Payment Terms; Membership Fees and Auto-Renewal
All applicable prices are set forth alongside the goods, services, and membership tiers offered on the Site. Such prices are subject to change at any time by Company in its sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any applicable sales, use, excise, and related taxes. Payment may only be made with a valid credit or debit card, or use of a bona-fide electronic payment provider (including without limitation PayPal, Shop Pay, Google Pay, Stripe, and Apple Pay). By using any such card or payment provider, you represent and warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Recurring billing / auto-renewal. Paid memberships are billed on a recurring basis and automatically renew at the end of each billing period (monthly/annually) at the then-current rate, and your payment method will continue to be charged until you cancel. By purchasing a membership, you authorize these recurring charges. We will provide any notices required by applicable auto-renewal laws. You may cancel or pause your membership at any time by emailing hello@o3p.com; cancellation stops future renewal charges but does not retroactively refund the current period except as required by law. If a charge fails, we may suspend or terminate your membership and access until payment is resolved.
No Refunds
Except where required by law, all sales are final and the Company does not offer any money-back guarantees with regard to merchandise, events, or the Community, including for partial billing periods, unused benefits, or memberships terminated for a violation of this Agreement. You recognize and agree that you shall not be entitled to a refund, nor may you initiate a chargeback, for any purchase, under any circumstances, unless you cancel your order prior to receiving an email from Company confirming your purchase. You may cancel or pause your membership in the Community at any time as described above. Although you are not entitled to refunds under any circumstances, case-by-case exceptions will be evaluated.
Use of Communication Services
The Community may contain blog posts, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, direct messaging, event tools, and/or other message or communication facilities designed to allow you to leave messages or communicate with others (collectively, "Communication Services"). This includes both online spaces and communications at in-person events. You agree to use the Communication Services only to post, send, and receive messages and content considered proper and related to the particular Communication Services.
Communication Services Guidelines
Among other actions, when using our Communication Services or participating in the Community (online or in person), you agree that you will not post, send, submit, publish, transmit, or engage in — or cause to be posted, sent, submitted, published, or transmitted — any material or conduct that:
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(i) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
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(ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
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(iii) is vulgar, obscene, pornographic, incendiary, or indecent, as determined by the Company;
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(iv) threatens, bullies, intimidates, stalks, or abuses others;
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(v) is libelous or defamatory towards others;
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(vi) is racist, abusive, harassing, threatening, hateful, or offensive, including slurs or demeaning comments regarding race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other characteristic, and including any unwanted sexual attention, advances, or contact after a person has signaled disinterest or asked you to stop;
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(vii) discloses, publishes, or threatens to publish another person's private or identifying information (doxxing);
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(viii) harvests, scrapes, or otherwise collects information about others — including names, email addresses, contact details, images, financial information, or other personally identifying information — or shares, forwards, screenshots, or republishes member information, member directories, private messages, or attendee lists, without their prior express consent in each instance;
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(ix) impersonates or misrepresents your connection to any other entity or person, or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
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(x) falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material;
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(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), including any multi-level marketing, except as may be specifically authorized in writing by the Company;
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(xii) solicits funds, donations, investments, clients, leads, advertisers, or sponsors for any purpose, or sends unsolicited pitches, spam, or mass messages to members;
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(xiii) promotes, advertises, recruits for, or cross-promotes any other membership, club, group, community, platform, or audience — whether competing or not — including posting invite links, referral codes, or sign-ups, or using the Community's events, channels, directories, member base, or branding to grow or organize another community or spin-off group, except with the Company's prior written permission;
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(xiv) includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications device;
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(xv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way that affects the ability of other people to engage in real-time activities via this Site and the Community;
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(xvi) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
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(xvii) disobeys any policy or regulations, including any code of conduct, Community Guidelines, or other guidelines established from time to time regarding the use of this Site, the Community, and/or any networks connected to them; or
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(xviii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.
Enforcement: Steps We May Take
If you engage in any prohibited activity under this Agreement, Company may, at its sole discretion, in addition to any rights at law or in equity, and with or without notice and without liability, take one or more of the following actions in any order and without any obligation to warn first:
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issue a private warning and request that you correct the behavior;
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remove, refuse, or delete the offending content;
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temporarily suspend your access to some or all of the Community, events, spaces, or the Site;
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remove you from a specific event, space, or Communication Service;
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permanently terminate your membership and account; and/or
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refer the matter to law enforcement, cooperate with authorities, and pursue any legal remedies available to the Company or affected members.
Serious violations - including harassment, threats, doxxing, misuse or sharing of member data, solicitation, cross-promotion of other communities, or unlawful conduct - may result in immediate termination without warning and without refund. Termination for cause does not entitle you to any refund of fees paid.
You acknowledge that any materials uploaded to the Communication Services may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You understand and acknowledge that you are responsible for content and/or submissions uploaded by you and others using your account credentials, and you acknowledge and agree that you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You represent and warrant that you own or control all rights to your content and submissions, including the requisite clearances, releases, and authorizations for the use of any content, likeness, music tracks, or other materials contained, included, or depicted in the content and submissions.
You represent and warrant that any content and submissions posted, uploaded, or submitted by you are original to you and/or that you own and/or control all of the materials, content, and intellectual property contained therein, including without limitation the necessary licenses, releases, rights, consents, and permissions to assign and transfer to Company all rights and licenses set forth in these Terms.
You acknowledge that the Company may or may not pre-screen materials uploaded to the Communication Services, yet the Company and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any content that violates this Agreement or is otherwise objectionable as determined by the Company in its sole discretion.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that neither the Site nor the Community will be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE SITE, COMMUNITY, AND COMPANY EXPLICITLY PROHIBIT THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, YOUR USE OF THE SITE AND THE COMMUNITY IS ENTIRELY AT YOUR OWN RISK, AND COMPANY SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
Personally Identifiable Information
Company cautions you against giving out any personally identifying information about yourself or others in any Communication Service. In an effort to preserve privacy, Company agrees that it will treat any personally identifying information that you submit through this Site or the Community in accordance with the terms outlined in its Privacy Policy at [o3p.com/privacy], as well as in conformance with all applicable laws, rules, and regulations.
Security
Any passwords used for the Site or Community are for individual use only. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and account. If you suspect your password has been compromised, you will need to promptly change it.
Company cannot guarantee complete security of private information, including passwords and account information. Please notify us immediately of any unauthorized access to your account or any other breach of security. From time to time, Company may require that you change your password.
If you are under 18, you may not use this Site, the Community, or the services. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion if it suspects that you are not permitted to use the Site or Community.
You are prohibited from using any services or facilities provided in connection with this Site or Community to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Right to Terminate Access and Membership
Company reserves the right to monitor use of this Site and the Community to determine compliance with this Agreement, as well as the right to edit or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to suspend, restrict, or terminate your access to the Site and your membership in the Community at any time, for any reason or no reason, with or without notice, and without liability, including to protect the safety, privacy, comfort, or integrity of the Community and its members. Upon termination, your right to access the Site and Community ceases immediately, and any provisions that by their nature should survive (including those regarding member data and confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive. Termination for cause does not entitle you to any refund.
Intended Audience
This Site and the Community are intended for adults only. Neither the Site nor the Community are intended for any children under the age of 18.
Non-Reliance
Opinions, advice, statements, or other comments on this Site or in the Community should not necessarily be relied upon and should not be construed as professional advice from Company. Company does not guarantee the accuracy or completeness of the information provided and is not responsible for any loss resulting from your reliance on such information. Company specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Your use of the Site, the Community, the internet in general, any materials you access via our Site or the Community, and your conduct online or offline (including any interactions with other members or third-party service providers) are at your own risk.
Indemnification
You agree to indemnify, defend, and hold harmless Company and our members, managers, partners, employees, affiliates, agents, hosts, volunteers, licensors, and service providers from and against any and all third-party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, related to your use of the Site, the Community, and/or your violation of this Agreement.
Member Representations & Warranties
You represent and warrant to Company as follows: (i) that you have the right to enter any transaction contemplated hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods, services, and membership provided hereunder exactly as authorized and never in any way that would violate any applicable law or third-party right of any kind; and (iii) that you are purchasing from the Site solely for your own personal use, and not for resale, export, or commercial exploitation.
Disclaimers
THE INFORMATION ON THIS SITE AND IN THE COMMUNITY IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE PROFESSIONAL ADVICE. VIEWING THIS SITE AND/OR PARTICIPATING IN THE COMMUNITY DOES NOT FORM ANY RELATIONSHIP BETWEEN YOU AND COMPANY OR ITS MEMBERS OR MANAGERS PERSONALLY. COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON INFORMATION OR MATERIAL PROVIDED ON THIS SITE OR IN THE COMMUNITY. RELIANCE ON ANY INFORMATION PROVIDED WITHIN THE COMMUNITY OR BY THIS SITE OR THE SITE'S PROVIDERS IS SOLELY AT YOUR OWN RISK. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. ALL INFORMATION ON THE SITE AND COMMUNITY IS PROVIDED IN GOOD FAITH; HOWEVER, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE OR IN THE COMMUNITY. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE GOODS, SERVICES, OR MEMBERSHIP GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, HOSTS, OR VOLUNTEERS BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, FOR ANY PERSONAL INJURY OR EMOTIONAL DISTRESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND, INCLUDING THOSE ARISING FROM THE CONDUCT OF ANY MEMBER OR THIRD PARTY.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent
If you believe your work has been copied by Company or another user in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated on this Site, please provide a notice, as set forth in the Digital Millennium Copyright Act of 1998, containing all of the following information to [hello@o3p.com]: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Right to Monitor
The Company reserves the right, but is not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site or in the Community.
Feedback, Comments, and Testimonials
With your prior permission, you agree that the Company has the right to use your feedback, whether in the form of emails, submissions, surveys, comments, discussions on the services, or otherwise, for the purposes of marketing or promoting the Community and Company's services.
Use of Information
Company reserves the right, and you authorize us, to use and assign all information regarding your use of the Site and Community, and all information provided by you to the Site or Community, in any manner consistent with our Privacy Policy.
Jurisdiction and Applicable Law
You agree that the laws of the State of New York, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Company.
Dispute Resolution
At our sole discretion, Company may require you to submit any claims or disputes arising from the use of the Site or the Community, or any services or items obtained through the Site or these Terms of Use — including claims or disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or breach of the Terms of Use — to final, non-appealable, and binding arbitration under the Rules of Arbitration of the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New York County, New York. The parties further agree that any arbitration proceedings shall be conducted by a single arbitrator selected by mutual agreement or, failing such agreement, appointed by the AAA. In adjudicating the dispute, the arbitrator shall apply the laws of the State of New York without regard to conflict of law principles. Each party shall pay its own attorneys' fees and costs and its proportionate share of arbitrator fees and the arbitration fees and expenses of the AAA. The parties waive any right to lead, pursue, or participate in any claims against each other in court, including any class action lawsuit and the right to a jury trial. You agree that prior to arbitration, you will make a good-faith effort to resolve the dispute without the necessity of outside intervention.
Severability
If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Entire Agreement
This Terms of Use constitutes the entire agreement between you and Company, governs the terms and conditions of your use of the Site and Community, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Company with respect to this Site and Community. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy and the Community Guidelines), guidelines, or rules that may apply when you use the Site and Community. Company may revise this Terms of Use at any time by updating this Agreement and posting it on the Site and/or in the Community. Accordingly, you should review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site and the Community after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Waiver
Company's failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
Relationship of the Parties
Nothing contained in this Agreement or your use of the Site or Community shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Violations
Please report any and all violations of this Agreement to the Company as follows:
Ashley Preininger
Katherine Naylor-Pullman
