General Public


Updated July 30, 2020

By accessing, browsing, and using this site, you agree to be bound by the terms and conditions described below, all policies and guidelines incorporated by reference, and any subsequent changes to the foregoing. If you do not agree to these site terms or any subsequent modification, do not access, browse, or otherwise use this site.

USE DISCLAIMER AND WAIVER

This site and materials are for informational purposes only and not for the purpose of providing medical or legal advice.

The site owners cannot ensure the information in this presentation is current nor be responsible for any use to which it is put.  Do not rely on this information without consulting medical, psychological, legal and/ or the appropriate agency about your particular situation.

You agree to waive any and all liability against the site owners The Third Talk Inc. (a North Carolina non-profit Corporation) and The Third Talk LLC (a North Carolina for profit limited liability corporation) (collectively referred to as “The Third Talk”) and their subsidiaries, affiliates, agents, successors, and assigns.

EDITORIAL STATEMENT

The opinions expressed in this site or presentations do not necessarily represent the views of The Third Talk, unless specifically stated.

COMMENT POLICY

We invite readers to comment on all posts. Comments do not necessarily reflect the views and opinions of The Third Talk, its writers, or its editors. All comments will be automatically published unless they are flagged as spam or contain multiple hyperlinks, in which case they will need to be approved by an editor before being published.

The ability to comment on the site is provided as a service to readers. Editors maintain the right to delete comments that contain spam, hateful or excessively crude language, offensive material, others’ personal information such as a phone number, threats, or hateful or excessively crude language, or impersonation.

The terms and conditions below (the “terms”) are what govern your use of the THE THIRD TALK™ website on the Internet and World Wide Web. These terms are a legal contract between you and THE THIRD TALK™ and it’s parent company and sole intellectual property holder THE THIRD TALK™ INC, a 501(c)(3) located in Troutman, NC (“we” or “us”.) They govern your access to, and your use of our website, which (as you know) is located at www.thethirdtalk.com (the “site”). These terms also govern your use of any services and products we provide on the site. If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.

Your use of this site, services and/or products on this site means that you agree to abide by each of the terms below. THE THIRD TALK™ may make changes to the services and products offered on this site, at any time and without notice, and THE THIRD TALK™ can change these terms at any time without notice by posting updated terms of use here on the site.

If you continue to use the site after such changes have been posted, it means that you agree to the new terms, even if you have not reviewed the changes. Therefore you really should check the terms of use posted here periodically for updates and changes.

REFUND POLICY

All purchases from THE THIRD TALK™ are subject to our companies refund policy. We are requesting $4.99 / month for information and strategies to keep your young people safe from exposure to online pornography. If you do not feel that you have received information worth $4.99 you may cancel at any time without penalty. We do not offer refunds. As far as value: we have watched young children spend years in expensive therapy to cure their compulsive pornography habits. Each of these sessions cost hundreds of dollars and can last for years. If you joined our forum the day your young person turned 13 and stayed until they were 18, your would pay $300, or the cost of two sessions. We feel this value is worth it.

GENERAL USE

THE THIRD TALK™ provides content, services and products throughout this site. All information, documents, products and services, including content, trademarks, logos, graphics and images (which are grouped together under the term “Materials”) are the copyrighted work of THE THIRD TALK™ licensors and/or contributors.

THE THIRD TALK™ grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.

You agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by THE THIRD TALK™ in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.

Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials on any legal basis.

You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.

If THE THIRD TALK™ becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.

Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that THE THIRD TALK™ prohibits and you agree not to:

  • Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
  • Intentionally expose the site and/or any products or services provided on THE THIRD TALK™ to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;
  • Frame or link to the site or any of the content or information available from the site, unless THE THIRD TALK™ expressly consents to such linking and/or framing;
  • Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the THE THIRD TALK™ site;
  • Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;
  • Post any false or inaccurate Submissions (defined below) or information on any part of the site;
  • Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
  • Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
  • Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;
  • Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;
  • Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;
  • THE THIRD TALK™ reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.

The foregoing list of prohibitions is not intended to be complete or exclusive.

You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and THE THIRD TALK™. will not be held responsible for or liable for the content in such submissions.

Your access to the site and Services is undertaken at your own risk and THE THIRD TALK™ is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.

In addition, the foregoing prohibitions do not impose on THE THIRD TALK™ any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.

SUBMISSIONS

Subject to the terms and conditions of the THE THIRD TALK™ Privacy Policy, when you submit data and/or post communications on the site (collectively “Submissions”), you grant to THE THIRD TALK™ , an irrevocable, perpetual, royalty-free, worldwide right (including moral right) and license to use, reproduce, display, distribute, modify and create derivative works of Submissions, in whole or in part, and to incorporate Submissions into other works in any media and utilizing any technology now known or later developed. You warrant that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Submissions you may post to the site.

LINKS TO THIRD PARTY WEBSITES

The THE THIRD TALK™ site may be linked to other sites that are not owned, operated, or managed by THE THIRD TALK™. We provide these links to you only as a convenience, and THE THIRD TALK™ is not responsible for the content or links displayed on these third party sites.

THIRD PARTY CONTENT

Some information and content may be provided by third parties to THE THIRD TALK™ (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor, and THE THIRD TALK™ .

You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.

THE THIRD TALK™ disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

UNAUTHORIZED ACTIVITIES

Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold THE THIRD TALK™ and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys’ fees, that THE THIRD TALK™ or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.

COPYRIGHT NOTICE

All information, data, and screens appearing on THE THIRD TALK™ , including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of THE THIRD TALK™ unless otherwise specified.

All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.

The terms that have been copyrighted by The Third Talk™ Foundation Inc. include but are not limited to:

#weareforkids #itsnotreal #itsnothealthy #itsnotfun #thethirdtalk The Third Talk Foundation We are for kids Pornography's not real The easiest pornography conversation you'll ever have

All materials copyright The Third Talk, unless otherwise indicated. All rights reserved. Published letters and viewpoints submitted to The Third Talk will remain the exclusive property of The Third Talk.

The Third Talk ™ video series is created by: The Third Talk LLC. The contents and design of this Podcast are the property of The Third Talk LLC and are protected under U.S. and international copyright and trademark laws. Except as otherwise provided herein, users of this site may save, and use information contained in this site only for personal or other non-commercial, educational purposes. No other use, including, without limitation, reproduction, retransmission or editing, of this site material or The Third Talk™ video series may be made without the prior written permission of The Third Talk LLC.

© The Third Talk LLC., 2020. All rights reserved. Except as provided above, no part of this site or The Third Talk™ video series may, without GATHERS STRATEGIES, INC. ‘s prior written consent, be reproduced, redistributed, published, copied, or duplicated in any form, by any means.

DISCLAIMER

The Third Talk™ does not endorse or recommend any commercial products, processes, or services. The information on The Third Talk™’s Web site may not be used for advertising or product endorsement purposes.

The Third Talk™ website provides links to other Internet sites for informational purposes only. When users select a link to an external website, they are leaving the The Third Talk™ website and are subject to the privacy, security, and accessibility policies of the owners/sponsors of the external site.

The Third Talk™ does not endorse organizations that sponsor linked, external websites. In addition, The Third Talk™ does not endorse products or services that such organizations may offer. Furthermore, The Third Talk™ does not control or guarantee the currency, accuracy, relevance, or completeness of information found on linked, external websites.

The Third Talk™ cannot authorize the use of copyrighted materials published on linked, external websites. Users must request authorization from the sponsors of those external websites.

During your visit to the The Third Talk™ website, your web browser may produce pop-up advertisements. These advertisements were most likely produced by other websites you visited or by third party software installed on your computer. The Third Talk™ does not endorse or recommend products or services that may appear as pop-up advertisements on your computer screen while visiting our site.

The Third Talk™ does not guarantee that linked, external websites comply with Section 508 (Accessibility Requirements) of the Rehabilitation Act.

Information Disclaimer

The information contained in the The Third Talk™ website is not meant to provide medical advice, but to provide information to better understand the health issues related to pornography. The Third Talk™ urges you to consult your physician or other health care provider if you or a loved one has pornography related problems.

Copyright Information

Unless otherwise stated, all of the materials on the The Third Talk™ website is copyright protected; and all rights are reserved.

DISCLAIMER OF WARRANTIES

Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. THE THIRD TALK™ does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by THE THIRD TALK™, and they may not be current or may include inaccuracies or typographical errors.

THE THIRD TALK™ shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by THE THIRD TALK™ or our licensors. THE THIRD TALK™ does not guarantee that you will achieve any economic return or benefit from the use of the Materials.

THE THIRD TALK™ , for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.

THE THIRD TALK™ disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where is” basis with no warranty of any kind.

LIMITATION OF LIABILITY

In no event shall THE THIRD TALK™ be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even ifTHE THIRD TALK™, have been advised of the possibility of such damage.

THE THIRD TALK™ aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed one hundred dollars ($100.00).

LOCAL LAWS AND EXPORT CONTROL

If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws. THE THIRD TALK™ controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.

CONSEQUENCES OF VIOLATION

If you violate these terms, THE THIRD TALK™ may terminate your access to the site or Password-Restricted Areas without notice. THE THIRD TALK™ prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by THE THIRD TALK™, will result in immediate termination of your access to the site or Password-Restricted Areas.

THE THIRD TALK™ reserves the right to terminate any password-restricted account for any reason. These terms are governed by California Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. Any disputes relating to these terms or the site will be heard in courts located in California. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

THE THIRD TALK™ ‘s failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and THE THIRD TALK™ and supersede any and all prior or contemporaneous agreements and understandings between you and THE THIRD TALK™ These terms may not be modified except pursuant to a written amendment that is executed by an officer of THE THIRD TALK™

Affiliate Program Terms of Service


(Affiliates Only)

Agreement

By signing up to be an Affiliate in the THE THIRD TALK™ Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

THE THIRD TALK™ reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Program.
  • You must live in the United States to be an Affiliate.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login may only be used by one person – a single login shared by multiple people is not permitted.
  • You are responsible for maintaining the security of your account and password. THE THIRD TALK™ cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your own THE THIRD TALK™ product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to THE THIRD TALK™. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the THE THIRD TALK™. You must ensure that each of the links between your site and the THE THIRD TALK™ properly utilizes such special link formats. Links to the THE THIRD TALK™ placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a THE THIRD TALK™ product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://www.thethirdtalk.com and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a THE THIRD TALK™ Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of THE THIRD TALK™ or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following monht after you’ve crossed the threshold.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment

– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)

– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)

– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

– Ensuring that materials posted on your site are not libelous or otherwise illegal

– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.thethirdtalk.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. THE THIRD TALK™ reserves the right to end the Program at any time. Upon program termination, THE THIRD TALK™ will pay any outstanding earnings accrued above $20.

Termination

THE THIRD TALK™, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other THE THIRD TALK™ service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. THE THIRD TALK™ reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the THE THIRD TALK™ will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of THE THIRD TALK™ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and THE THIRD TALK™ and govern your use of the Service, superceding any prior agreements between you and THE THIRD TALK™ (including, but not limited to, any prior versions of the Terms of Service).