Terms of Use

Version: 1.0

The 3^rd Element, Inc. (“we,” “us,” or “our”) owns, operates and provides the website located at http://the3rdelement.com (the “Site”).  We also own and make available certain software as a service (the “SaaS”) and mobile applications (the “Apps”). These Terms of Use apply to the access and use of our Site, our SaaS, and our Apps.  When we refer to our “Services” in these Terms of Use, we are referring to our Apps, our SaaS, and our communications with you.

Please read these terms of use (THE “Terms”) carefully before using OUR SERVICES or accessing our Site. By using or accessing our Services OR OUR SITE, you accept and agree to the Terms and consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy. IF YOU DO NOT ACCEPT THE TERMS AND PRIVACY POLICY, YOU MAY NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

IF YOU ARE ACCEPTING THE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON OR ENTITY TO THE TERMS, IN WHICH CASE THE TERMS “YOU” AND “YOUR” REFER TO SUCH PERSON OR ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU SHALL NOT USE OR ACCESS OUR SITE OR OUR SERVICES.

Our Site and Our Services Are Not Directed to Children Under 13 

Our Services are intended to develop leadership, communication, critical-thinking, and other skills and disciplines in secondary and postsecondary student athletes who are at least 13 years old.  Through our Services, students who are at least 13 years old may engage in self-assessment, communicate with other students who are at least 13 years old, complete surveys, take notes, shoot videos, and create and share other content about themselves and their experience participating in athletics. Through our Services, schools, coaches, parents, and legal guardians of students who are at least 13 years old can access such information and learn more about their students. Our Services and our Site are not intended to be used and should not be used by or for children under 13 years old.

We do not direct our Services or our Site at children under 13 years of age and we do not knowingly collect personal information from children under 13 years of age. If we learn or have reason to suspect that a user of our Site or our Services is under 13 years of age, we will promptly disable that user’s account and delete any personal information in that account.

Account Registration

You must register in order to use and access certain features and functionality of our Services.

You may register by following the registration instructions provided in our Services. You are responsible for maintaining the security and confidentiality of your account username and password for purposes of your use of our Services.

Fees

In connection with offering our Services, we may make applications, software and digital content available for you to use for a fee.  When purchasing a right to access such material, charges will be disclosed to you before you complete the purchase.

When you purchase a right to access such material, you will be given an opportunity to consent to delivery at the time of purchase.  By consenting to delivery, you acknowledge that you cannot cancel or return such purchase and the fee is non-refundable.

We may accept payment via credit card or other electronic payment service. We or our third party payment processing partner will charge the credit card or other electronic payment service account that you provide. All currency references are in U.S. dollars. Your payments are non-refundable. If the credit card information or other electronic payment service account that you provide is invalid for any reason, or if you charge back your credit card or other electronic payment service account for fees due under the Terms, we may suspend or terminate your access to our Services.

Prohibited Conduct

You shall not access or use our Site or our Services for any purpose that is unlawful or prohibited by the Terms, or for any other purpose not reasonably intended by us. Our Services and our Site are for your personal, noncommercial use and are intended for educational purposes only. By way of example, and not limitation, you shall not directly or indirectly through or with one or more other persons:

• access or use our Site or our Services for any unauthorized purpose, or in violation of any applicable law;
• post or transmit any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or violates any law or right of us or any third party;
• abuse, harass, impersonate, intimidate, or threaten any user;
• post or transmit any content that links to marketing schemes or off-topic content, or otherwise use any information obtained from our Site or our Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• post or transmit any content that contains software viruses or any other computer code, file, or program designed to interrupt, destroy, or limit the features or functionality of any software, hardware, or telecommunications equipment;
• use any robot, spider, scraper, or other automated means to access or use our Site or our Services for any purpose without our express written permission, or otherwise take any action that may impose an unreasonable or disproportionately large load on our infrastructure;
• bypass any measures we may use to prevent or restrict access to or use of our Site or our Services or otherwise interfere or tamper with our administration or the proper working of our Site or our Services;
• falsify information you disclose to us;
• reverse engineer, disassemble, or decompile any part of our Site or our Services;
• transfer your account to a third party, allow others to use your personal information or account to use or access our Services, or access our Services for the benefit of others; or
• take any action that is improper, unfair, or otherwise adverse to the operation of our Site or our Services or detrimental to other users.

Technical Issues

While we strive to maximize the availability of our Site and our Services, there are times that either or both will not be available.  For example, our Site or our Services may not be available in these situations:

• periods of time during which we conduct standard maintenance;
• any user’s violation of the Terms;
• any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, registrations or transactions;
• technical malfunction of any communication network, hardware or software, or any malfunction caused by a virus, bug, unauthorized intervention, or fraud; or
• any other act or event, whether foreseen or unforeseen, that prevents us from making our Site or our Services available or uninterrupted.

We are not responsible for our Site and our Services not being available for these types or other issues and you should plan accordingly.

User Content

You understand that content (including any text, graphic, audio, video, or other content) disclosed, made available, or transmitted via our Services by a user (“User Content”), whether privately transmitted or made publicly available, is the sole responsibility of the user who disclosed, made available, or transmitted such User Content. You, not us, are responsible for all User Content that you disclose, make available, or transmit through our Services.  In no event will we be liable for any User Content.

With respect to User Content you disclose, make available or transmit, you grant us an irrevocable, fully sub-licensable, perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed, except as otherwise described in the Privacy Policy.

We reserve the right to pre-screen, refuse, delete, undelete, or modify any User Content, except as otherwise described in the Privacy Policy, but we have no obligation to do so.

You warrant (a) you have obtained all rights, consents, and permissions necessary to (i) disclose, make available, and transmit the User Content and (ii) grant the foregoing rights to us, and (b) you have obtained all consents required under applicable law, including parental and legal guardian consents to the extent User Content relates to a minor.  When you access our Site and use our Services, you shall comply with all applicable U.S. and foreign privacy laws with respect to the collection, use, retention, and disposal of the User Data.

You are solely responsible for your interactions with other users of our Services. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.

Parental Consent

User Content may include Student Data.  Student Data is defined in our Privacy Policy.

If you are a person or entity other than the student or the student’s parent or legal guardian, prior to disclosing Student Data to us, engaging us to maintain Student Data, or engaging us to make our Services available to a student, you must obtain the signed and dated written consent of the student’s parent or legal guardian (or the consent of the student if that student is at least 18 years old or attending a postsecondary school).

The written consent must specify Student Data you will disclose to us, the reasons for such disclosure, and if requested by the student, parent or legal guardian, a copy of Student Data you will disclose to us. The written consent must also specify the opt-out, inspection, correction, and deletion rights described in the Privacy Policy  and any other details required by applicable law.

If you are a parent or legal guardian of a student, you hereby consent to the collection, use, disclosure and other handling of Student Data as described in the Privacy Policy and this Terms of Use.

Copyright Infringement

If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide us a written notice containing the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our Site or relevant portion of our Services;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

You may contact us as described in the “Contacting Us” section below.

 

Feedback

Your suggestions, comments or other feedback (collectively, “Feedback”) to us with respect to our offerings and services, including our Site and our Services, are welcomed by us.  Feedback is voluntary and we are not required to hold it in confidence.  We may use Feedback for any purpose.  You hereby grant us an irrevocable, non-exclusive, perpetual, royalty-free license to use, display, copy, distribute, modify, make derivative works of, sell, and import the Feedback in connection with our business.

Limited License; Reservation of Rights

All title, ownership and intellectual property rights in and to our Site and our Services are owned by us or our licensors. You acknowledge and agree that our Site and our Services contain proprietary information that is protected by applicable intellectual property and other laws. You shall not, directly or indirectly through or with one or more other persons, copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on our Site and our Services, in whole or in part. You may own the physical media on which elements of our Site and our Services are delivered to you, but we retain full and complete ownership of our Site and our Services.

If our Services are configured to enable the use of software, content, or other materials owned or licensed by us, we grant you, subject to the Terms, a limited, revocable, non-exclusive, non-sublicenseable, non-transferable license to access and use such software, content, or other material solely for your personal, non-commercial use.

You shall not circumvent or disable any content protection system or digital rights management technology used with our Site or our Services; decompile, reverse engineer, disassemble or otherwise reduce our Site or our Services to a human-readable form; remove identification, copyright or other proprietary notices; or, access or use our Site or our Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands.

You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and that you are not listed on any U.S. government list of prohibited or restricted parties.

Mobile Networks

When you access our Site or our Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.  Downloading, installing or using certain Services may be prohibited or restricted by your network provider and not all Services may work with your network provider or device.

Termination, Cancellation, and Suspension

If we determine, in our sole discretion, that you violated the Terms, we may suspend or cancel your account or terminate your access to our Services. Nothing in the Terms prevents us from pursuing other remedies in connection with your violation of the Terms.

We may also suspend or terminate our Services or a user’s account, in whole or in part, in order to prevent damages to our Site or our Services or to comply with any law, court order, or other governmental request.

Gambling Prohibited

Our Site and our Services are strictly for educational purposes. You shall not, directly or indirectly through or with one or more other persons, use our Site or our Services for any form of gambling.

Release and Indemnity

By accessing or using our Site or our Services, you release and agree to indemnify and hold harmless us, our vendors and licensors, and each of our and their respective affiliates, subsidiaries, and all of our and their officers, directors, employees and agents from any liability, injury, death, loss, or damages to you or any other person or entity, including without limitation damage to personal or real property, caused in whole or in part, directly or indirectly, by access to or use of our Site or our Services.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, OUR SITE AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. WE AND OUR VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR ACTIVITIES, ACCESS TO OR USE OF OUR SITE OR OUR SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY ACCESSING OR USING OUR SITE OR OUR SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE OUR SITE OR OUR SERVICES. OUR SITE AND OUR SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED THIRD PARTIES (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR ACCOUNT, USER CONTENT, HARDWARE, OR NETWORKS. WE WILL NOT BE LIABLE FOR ANY SUCH ACTIVITIES. Our Site and our Services may include gateways, links, or other functionality that allows you to access third party services (“Third Party Services”) and third party content and materials (“Third Party Materials”). We do not supply and are not responsible for any Third Party Services or Third Party Materials, which may be subject to their own licenses, end-user agreements, privacy and security policies, and terms of use. ALL THIRD PARTY MATERIALS ARE PROVIDED AS-IS, WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO ANY PRESENT OR FUTURE METHODOLOGY EMPLOYED IN OUR GATHERING OR REPRODUCING OF ANY THIRD PARTY MATERIAL, OR AS TO THE ACCURACY, CURRENCY, OR COMPREHENSIVENESS OF THE SAME.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR VENDORS, OUR LICENSORS, OR SUPPLIERS HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, OR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS DAMAGES, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THE TERMS, OUR SITE, OR OUR SERVICES. THE TOTAL LIABILITY OF US AND OUR VENDORS, LICENSORS AND SUPPLIERS TO YOU OR ANY THIRD PARTY ARISING OUT OF THE TERMS, OUR SITE, OR OUR SERVICES, REGARDLESS OF WHETHER UNDER A CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES WILL NOT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO US FOR USE OF OUR SERVICES DURING THE TERM OF YOUR REGISTRATION.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Governing Law; Jurisdiction

Our Services and our Site are hosted in the United States. If you are using or accessing our Services or our Site from outside the United States or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the United States laws, please be advised that through your continued access to and use of our Site and our Services, which are governed by U.S. law, you are transferring personal information to the United States and you consent to that transfer.

The laws of the State of Wisconsin and applicable United States law govern all matters arising out of or relating to the Terms, our Site, and our Services, including, without limitation, interpretation, construction, performance, and enforcement, without giving effect to such state’s conflicts of law principles or rules of construction concerning the drafter hereof. You hereby irrevocably and unconditionally submit to the jurisdiction of the federal and state courts located in Brown County, Wisconsin for the purpose of any suit, action, or other proceeding arising out of or based upon the Privacy Policy, your access to and your use of our Site and our Services, which courts are the exclusive forum for any such suit, action, or other proceeding.

Severability

If any provision of the Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms will not be affected or impaired.

Entire Agreement

The Terms and the Privacy Policy constitute the entire agreement between you and us with respect to our our Site and our Services and supersede any prior agreements, oral or written, between you and us.

Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your access to or use of our Site, our Services, or the Terms that you file against us must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Legal Compliance

We may take any action regarding any information if we believe such action is necessary to comply with applicable law, or to protect us, our Services, or our Site. Nothing in this Terms of Use will be construed to limit or prohibit us from taking such action.

Additional Terms for Apple Users

This section applies to you if you use or access our Services from an Apple, Inc. (“Apple”) device.

The Terms are concluded between you and us, and not with Apple.  We and our licensors, not Apple, are solely responsible for our Services.

You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding any of our Services.

Apple is not be responsible for any claims by you or any third party relating to your use of our Services, including but not limited to: (i) product liability claims; (ii) any claim that our Services fail to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that our Services or your use of our Services infringes on the intellectual property rights of the third party.

You agree that Apple and Apple’s subsidiaries are third party beneficiaries of the Terms and that upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our Services, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of our Services.

Changes to the Terms

We reserve the right at our discretion to change the Terms at any time. We will post the most current version of the Terms to a terms of use page on our Site and within our Services.

If we make a material change to the Terms, we will notify either by posting a notice on our Site and our Services or by contacting you through the email address associated with your account.

Changes will take effect as described in the notice. If you use or access our Site or our Services after the change takes effect, you accept the Privacy Policy as modified.

This policy was last modified on June 28, 2018.

Contacting Us

You can contact us via email 3ESkills@gmail.com or at the following address:

The 3^rd Element, Inc.

3527 Bay Harbor Drive

Green Bay, WI  54311

Please include your name, address, and any other information necessary to respond to you.  We reserve the right to take reasonable steps to verify your identify.