The Third Option
Terms and Conditions
The following terms and conditions (the “Terms and Conditions”) govern your use of The Third Option Property(ies), app(s) and/or Course Materials (defined herein) owned by Similarity LLC (“Similarity”), including, www.thethirdoptiontraining.com, www.thirdoption.thinkific.com, and www.thirdoptionsimilarity.com, as well as all other domains, materials, products, and/or services owned or controlled by Similarity, or any of its affiliates and/or subsidiaries (collectively, the “Similarity Property”). The Similarity Property is made available by Similarity, and its affiliates (“Similarity” or “we” or “us”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Similarity Property.
BY USING THE SIMILARITY PROPERTY, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SIMILARITY PROPERTY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SIMILARITY PROPERTY. THIS IS A BINDING LEGAL AGREEMENT.
SIMILARITY’S PROPRIETARY RIGHTS. As between you and Similarity, Similarity owns, solely and exclusively, all rights, title and interest in and to the Similarity Property, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, lyrics, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Similarity Property, and the compilation of the content, code, data and materials on the Similarity Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Similarity Property does not grant to you ownership of any content, code, data or materials you may access on the Similarity Property. You may view the content on the Similarity Property on your computer or other internet-compatible device, and make single copies or prints of the content on the Similarity Property for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Similarity Property, or any content, code, data or materials on the Similarity Property, is strictly prohibited unless you have received the express prior permission of Similarity or the applicable rights holder. (The Similarity Property may contain some features that enable you to obtain rights to use certain content on the Similarity Property, such as photographs, comments, and the like. In such situations, your rights to use such content are limited to the rights expressly granted by Similarity in such situations.) You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Similarity Property. If you make other use of the Similarity Property, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Similarity will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
YOUR PROPRIETARY RIGHTS. Notwithstanding the foregoing, and unless we otherwise agree, you shall remain the owner of any content you post on the Similarity Property, if permitted; provided, however, we shall have the nonexclusive, perpetual right to use, distribute, license and sublicense, translate, exploit and copy such content, in our sole discretion; and provided, further, that you shall not be entitled to any compensation whatsoever in connection with the use and enjoyment of our rights described above, except as set forth in a written contract signed by us.
COURSE MATERIALS, CONSULTING, AND MATERIALS. In the event you are enrolling in, participating in, purchasing, licensing, accessing, or otherwise using any book, course (including, but not limited to, live, pre-recorded, multi-format, etc.), course materials (including, but not limited to, worksheets, workbooks, notes, etc.), course activities (including, but not limited to, pre-recorded and/or live video calls, Zoom calls, audio calls, chats, forums, and any other activities associated with any course and/or course materials), and/or consulting services (book, course materials, course activities, and consulting services are collectively referred to as “Course Materials”), you understand and agree that all of the Terms and Conditions apply to the Course Materials. All Course Materials are non-refundable, personal, and non-assignable/non-shareable/non-transferrable. In addition to the provisions relating to User Conduct contained in these Terms and Conditions, you shall not engage in any unlawful, illegal, immoral, and/or unethical behavior, or act in any way that distracts from, disrupts, or undermines the experience of any other student, customer, user, coach, consultant, staff member, or any other person(s). Similarity reserves the right to terminate any person in violation of these provisions without refund or offset.
TRADEMARKS. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Similarity Property are registered and unregistered Trademarks of Similarity and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders, or otherwise in violation of applicable law. All Trademarks not owned by Similarity that appear on the Similarity Property, if any, are the property of their respective owners. Nothing contained on the Similarity Property should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Similarity Property without the written permission of Similarity or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Similarity Property is strictly prohibited. Similarity will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
INFRINGEMENT AND DMCA NOTICES. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please notify Similarity’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at: firstname.lastname@example.org or our Copyright Agent at: Similarity, Attn: Copyright Agent, 10531 4S Commons Drive, Suite 616, San Diego, CA 92127. All notices must include: (a) Identify the material on the Similarity Property that you claim is infringing, with enough detail so that we may locate it on the Similarity Property; (b) 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; (c) A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (d) your name, address, telephone number, and email address; and (e) your physical or electronic signature. Similarity will remove the alleged infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
USER CONDUCT. You warrant and agree that, while using the Similarity Property, you shall not upload, post or transmit to the Similarity Property, or distribute or otherwise publish through the Similarity Property, any materials that: (a) are protected by third party copyright, or other proprietary or intellectual property right; (b) are unlawful, threatening, hateful, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, harassing, profane, obscene, vulgar or that contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), (c) restrict or inhibit any other user from using and enjoying the Similarity Property, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Similarity Property for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters or pyramid schemes via the Similarity Property; (d) attempt to gain unauthorized access to other computer systems through the Similarity Property; (e) “stalk” or otherwise harass anyone using the Similarity Property or access through the Similarity Property; (f) contact anyone using the Similarity Property or accessed through the Similarity Property for any commercial purpose; (g) contact anyone using the Similarity Property or accessed through the Similarity Property for any inappropriate, unlawful, or elicit purpose; and/or (h) engage in any conduct that is unlawful, illegal, immoral, and/or unethical, or act in any way that distracts from, disrupts, or undermines the experience of any other student, customer, user, coach, consultant, staff member, or any other person(s). You agree that you will not use the Similarity Property in any manner that could damage, disable, overburden, or impair the Similarity Property or interfere with any other party's use and enjoyment of the Similarity Property. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Similarity Property.
Although Similarity may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Similarity Property, Similarity is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations on the Similarity Property nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Similarity Property.
You agree that if you include a link from any other site to the Similarity Property, such link shall open in a new browser window. You agree not to link from any other site to this Similarity Property in any manner such that the Similarity Property, or any page of the Similarity Property, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Similarity Property from your site at any time upon written notice to you.
You agree to defend, indemnify and hold Similarity and its directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorney fees, arising in any way from your use of the Similarity Property, your placement or transmission of any message, content, information, software or other materials through the Similarity Property, or your breach or violation of the law or of these Terms and Conditions. Similarity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Similarity’ defense of such claim.
USER RISK. You assume all risk when using the Similarity Property, including, but not limited to, all of the risks associated with any online or offline interactions with others, including communication, dating, bartering, buying, selling, and correspondence. You agree to take all necessary precautions associated with such activities. Similarity IS NOT LIABLE OR RESPONSIBLE FOR ANY ACTIVITIES YOU ENGAGE IN WITH PERSON (S) YOU FIND AND/OR WHO FIND YOU THROUGH OR ON THE SIMILARITY PROPERTY, AND Similarity EXPRESSLY WAIVES ANY AND ALL WARRANTIES OF SAFETY AND RESPONSIBILITY FOR YOUR CONDUCT AND INTERACTIONS.
ACCOUNT AND PASSWORD. You may be enabled to create an account in the Similarity Property with a username and/or password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Similarity Property by you or any person or entity using a password provided to you, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Similarity of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Similarity when you desire to cancel your account on the Similarity Property. Similarity will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
FEES. Similarity reserves the right to charge activation, subscription, participation, purchase, license, use, and/or other fees for various products and/or services (including, but not limited to, the Course Materials) we may offer, in our sole discretion (the “Fees”). Once incurred, the Fees are not subject to refund or offset, unless otherwise agreed in writing.
SOFTWARE DOWNLOADS. In the event that you receive software demos or other software products downloaded from and/or access through the Similarity Property or otherwise delivered or provided by Similarity in response to your request, your use of such software will be, in addition to these Terms and Conditions, subject to the software license agreement that accompanies such software.
MEDIA DOWNLOADS AND STREAMING. In the event that you are permitted to download (including podcasts) and/or stream media, including, but not limited to, video, audio, and/or other media, you understand and agree that your use is limited to personal, non-transferrable access, and is subject to any restrictions placed on such media content.
PRODUCT ORDERS. We may make certain products available to visitors and registrants of the Similarity Property, including specials, deals, discounts, and the like. You may only access or purchase any such products by, among other things, warranting that you are domiciled in the United States and you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by PayPal and/or credit/debit card concurrent with your online order or by other payment means acceptable to Similarity. You agree to pay all applicable taxes. If payment is not received by us, you agree to pay all amounts due upon demand by us, including any costs of collection, including attorney fees.
THIRD PARTY WEBSITES. You may be permitted to link from the Similarity Property to third party websites (“Linked Sites”). For example, you may purchase products, some of which may be Similarity products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web Sites or the information, content, products, services, advertising, code or other materials presented on or through such websites.
DISCLAIMER OF WARRANTIES. THE SIMILARITY PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SIMILARITY PROPERTY OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SIMILARITY PROPERTY WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SIMILARITY PROPERTY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Similarity ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SIMILARITY PROPERTY OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SIMILARITY PROPERTY, OR FOR ANY ACTION OR FAILURE TO ACT BASED INFORMATION RECEVED BY OR THROUGH THE SIMILARITY PROPERTY (INCLUDING ANY OF THE COURSE MATERIALS). IF YOU ARE DISSATISFIED WITH THE SIMILARITY PROPERTY, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SIMILARITY PROPERTY.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Similarity AND ITS SUPPLIERS, VENDORS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SIMILARITY PROPERTY, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DISCOUNTS, SPECIALS, AND OTHERWISE ON THE SIMILARITY PROPERTY OR IN CORRESPONDENCE WITH Similarity OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SIMILARITY PROPERTY ARE PROVIDED BY Similarity “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Similarity OR ITS LICENSOR, VENDOR, OR SUPPLIER.
LIMITATION OF LIABILITY. IN NO EVENT SHALL Similarity OR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SIMILARITY PROPERTY OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SIMILARITY PROPERTY. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SIMILARITY PROPERTY EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Similarity FOR YOUR USE OF THE SIMILARITY PROPERTY.
INDEMNITY. You shall at all times indemnify and hold Similarity, its respective shareholders, directors, officers, members, employees, agents, successors, and assigns, harmless from and against any and all claims, damages, losses, costs, liabilities and expenses, including attorney fees, arising out of or caused by a breach by you of any representation, warranty or agreement made by you and/or any use or reliance on the Content and/or any other property owned by Similarity, or otherwise arising out of or in any way related to your use of the Similarity Property.
RELATIONSHIP OF PARTIES. Nothing contained in any Similarity agreement or in these Terms and Conditions shall constitute a partnership between or joint venture of the parties, or constitute either party as the agent of the other. Neither party shall hold itself out contrary to the terms of any Similarity agreement and/or these Terms and Conditions, and neither party shall be or become liable by reason of any representation, act or omission of the other contrary to the provisions the same. Except as otherwise expressly provided for, any Similarity agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party.
WAIVER. No waiver by Similarity of any breach of any agreement, warranty, representation, obligation, promise, and/or other part of these Terms and Conditions shall be deemed a waiver of any preceding, continuing or succeeding breach of the same, or any other item.
ASSIGNMENT. You shall not assign any of your rights and/or delegate any of your obligations under this or any other agreement with Similarity. Any purported assignment and/or delegation by you shall be null and void. Similarity may assign and/or delegate any of its rights and/or obligations under these Terms and Conditions, and/or under any other agreement between you and Similarity.
BINDING AGREEMENTS. All applicable Similarity agreements and these Similarity Terms and Conditions shall be binding upon and inure to the benefit of the parties and each of their respective successors and assigns.
NOTICES. Any notices required to be given by any party to the other shall be in writing and may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Either party may change its address for purposes of this Agreement by giving the other party written notice of the new address in the manner set forth above.
HEADINGS. The headings used in these Terms and Conditions, or any articles, sections or paragraphs, are inserted only for the purposes of convenient reference and that they may not accurately or adequately describe the contents of the sections or paragraphs which they head. Such headings shall not be deemed to limit, cover or in any way affect the scope, meaning or intent of these Terms and Conditions, or any part of thereof, nor shall they otherwise be given any legal effect.
GOVERNING LAW AND VENUE; ATTORNEY FEES. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. The exclusive venue of any mediation, action or other proceeding arising out of this Agreement shall be in the state and federal courts in the San Diego County, State of California. The prevailing party in any dispute or proceeding arising out of this Agreement shall be entitled to recover its costs and expenses, including reasonable attorney fees, incurred as a result thereof.
SEVERABILITY. Nothing herein contained shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of these Terms and Conditions, and any material statute, law or ordinance contrary to which the parties have no legal right to contract, the latter shall prevail, but in such event, the provisions of the Terms and Conditions affected shall be curtailed and limited only to the extent necessary to bring it within the legal requirements.
COUNTERPARTS. All Similarity agreements, including these Terms and Conditions, may be executed (including by electronic execution) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
REMEDIES. In the event any mediation, lawsuit and/or any other action or proceeding is instituted by you against Similarity, your recovery, if any, shall be absolutely limited by the amount of activation and/or subscription fees you pay to Similarity.
COMPLIANCE WITH LOCAL LAWS. Similarity operates the Similarity Property from its offices in the United States of America. Similarity does not represent that materials on the Similarity Property are appropriate or available for use in other locations. Persons who choose to access the Similarity Property from other locations, do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
MODIFICATIONS TO SIMILARITY PROPERTY AND SERVICES. Similarity reserves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Similarity Property, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Similarity Property or restrict your access to part or all of the Similarity Property without notice or penalty. Similarity reserves the right to temporarily or permanently terminate your access to the Similarity Property for any or no reason without prior notice.
ACCEPTANCE OF TERMS AND CONDITIONS. Your use of the Similarity Property, or any part thereof, constitutes your express understanding, acknowledgement and acceptance of these Terms and Conditions, to the same extent as if you signed a document evidencing your acceptance and agreement with these Terms and Conditions.