Terms of Use

Updated as of May 20th, 2008

The terms of use set forth herein (the "Terms of Use") apply to (1) your access and use of this website (www.3rddimensiontech.com) and/or any affiliated, successor, mobile, co-branded and/or derivative sites (collectively, the "3^rd Dimension Site"), and to (2) any applications, software, technology, or other products (collectively, the "3^rd Dimension Technology") that you access, download or otherwise use through the 3^rd Dimension Site.

By accessing and using the 3^rd Dimension Website, and by accessing, downloading, subscribing to, installing or otherwise using the 3^rd Dimension Technology, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

You agree to review the Terms of Use periodically. Your continued use of the 3^rd Dimension Site or 3^rd Dimension Technology following the any change or modification of these Terms of Use will be your acceptance of the modified Terms of Use

Limited License

Subject to these Terms of Use, 3^rd Dimension grants you a non-transferable, non-exclusive, and non-sublicenseable limited right and license, solely for your informational purposes and for your immediate, private, personal and non-commercial use, to: (1) view, use and access the 3^rd Dimension Site and the content contained within the 3^rd Dimension Site, (2) download, access and otherwise use the 3^rd Dimension Technology on your mobile device, and (3) view the content made available within or through the 3^rd Dimension Technology on your mobile device.

All rights not expressly stated herein are reserved by 3^rd Dimension, and 3^rd Dimension disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:

• copy, republish, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, license, sublicense or reverse engineer the 3^rd Dimension Site or 3^rd Dimension Technology, any portions of the 3^rd Dimension Site or 3^rd Dimension Technology or the selection and arrangement of the 3^rd Dimension Site or 3^rd Dimension Technology, except as expressly authorized herein;
• use the 3^rd Dimension Site or 3^rd Dimension Technology in any manner that infringes any intellectual property rights or other rights of any party;
• violate any applicable laws or regulations related to the access to or use of the 3^rd Dimension Site or 3^rd Dimension Technology, or engage in any activity prohibited by the Terms of Use;

Further, without limiting the foregoing, you shall not:

• use any data mining, robots or similar data gathering and extraction methods in connection with the 3^rd Dimension Site or 3^rd Dimension Technology;
• access or attempt to access any data or material that you are not authorized to access or through any means not intentionally made available through the 3^rd Dimension Site or 3^rd Dimension Technology;
• disrupt or interfere with the security of, or otherwise cause harm to, the 3^rd Dimension Site or 3^rd Dimension Technology, systems resources, accounts, passwords, servers or networks connected to or accessible through the 3^rd Dimension Site;
• post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms; or
• access or use the 3^rd Dimension Site in any manner that could damage, disable, overburden or impair any 3^rd Dimension server or the network(s) connected to any 3^rd Dimension server.

Violations of system or network security may result in civil or criminal liability.  3^rd Dimension reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Ownership

All content available on the 3^rd Dimension Site and on or through the 3^rd Dimension Technology, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of 3^rd Dimension (or its licensors) and is protected by U.S. and/or international copyright laws. 

Except as expressly provided in "Limited License" section above, your use of and access to the of 3^rd Dimension Site and 3^rd Dimension Technology does not grant you any license or right to use any of 3rd Dimension’s trademarks, trade names or copyrights.

Access to 3rd Dimension Site and 3rd Dimension Technology

In order to access and use the 3^rd Dimension Site and 3^rd Dimension Technology, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access.  In addition, you must provide all equipment necessary to make such connection to the World Wide Web and/or the mobile telephone voice and/or data network, including a computer and modem or other access device. 

Accessing the 3^rd Dimension Site and 3^rd Dimension Technology via a mobile device requires a mobile communications subscription with a participating wireless carrier.  Individual carrier’s standard air time rates will apply.  Additionally, other charges, including data plans for your use of internet browsers and standard text messaging charges, may apply.  All charges are billed by and payable to your wireless carrier.  Please contact your wireless carrier for complete pricing details.

3^rd Dimension may suspend, modify, or discontinue access to the 3^rd Dimension Site, the 3^rd Dimension Technology and/or the content made available within or through the 3^rd Dimension Technology for any reason, to any or all users, at any time.  3^rd Dimension also reserves the right to restrict the number of users.

Compliance

You may only use the 3^rd Dimension Site and 3^rd Dimension Technology for lawful purposes. The 3^rd Dimension Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances that are applicable to the use of the 3^rd Dimension Site and 3^rd Dimension Technology. You shall not transmit to the 3^rd Dimension Site and/or 3^rd Dimension Technology or use the 3^rd Dimension Site and/or 3^rd Dimension Technology to send any material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, infringe on a third party's intellectual property right, or is offensive or disruptive (including, but not limited to, "spam," offensive sexual, racial or gender related material, and material that violates 3rd Dimension's then current policies).

3^rd Dimension may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the 3^rd Dimension Site or using the 3^rd Dimension Technology.

Limitation of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 3^RD DIMENSION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DAMAGES FROM THE RESULT OF PERSONAL INJURY OR DEATH, OR OTHER INTANGIBLE LOSSES (EVEN IF 3^RD DIMENSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM THE USE OR THE INABILITY TO USE THE 3^RD DIMENSION SITE AND/OR 3^RD DIMENSION TECHNOLOGY.

IF, NOTWITHSTANDING THE LIMITATION ABOVE, 3^RD DIMENSION IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN 3^RD DIMENSION’S LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF US $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Disclaimer of Warranty

YOUR USE OF THE 3^RD DIMENSION SITE AND 3^RD DIMENSION TECHNOLOGY IS AT YOUR SOLE RISK.  THE 3^RD DIMENSION SITE AND 3^RD DIMENSION TECHNOLOGY SHOULD BE USED AS A PLANNING TOOL, AND SHOULD NOT BE OPERATED WHILE DRIVING.  THE 3^RD DIMENSION SITE OR 3^RD DIMENSION TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND 3^RD DIMENSION DOES NOT WARRANT THAT THE 3^RD DIMENSION SITE, 3^RD DIMENSION TECHNOLOGY, OR THE CONTENT MADE AVAILABLE WITHIN OR THROUGH THE 3^RD DIMENSION TECHNOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 3RD DIMENSION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

3^RD DIMENSION MAKE NO WARRANTY THAT (I) THE 3RD DIMENSION SITE OR 3^RD DIMENSION TECHNOLOGY WILL MEET YOUR REQUIREMENTS, (II) THE 3RD DIMENSION SITE, THE SERVERS THAT MAKE THE 3^RD DIMENSION SITE AVAILABLE, OR 3^RD DIMENSION TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE 3RD DIMENSION SITE OR 3^RD DIMENSION TECHNOLOGY WILL BE ACCURATE, USEFUL OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE 3^RD DIMENSION SITE OR 3^RD DIMENSION TECHNOLOGY WILL MEET YOUR EXPECTATIONS, AND (V) ANY DEFECTS OR ERRORS OF THE 3^RD DIMENSION SITE OR 3^RD DIMENSION TECHNOLOGY WILL BE CORRECTED.

Security

The 3^rd Dimension Site and 3^rd Dimension Technology reside on and rely on the public internet.  3^rd Dimension uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to 3^rd Dimension and any information stored on servers controlled by 3^rd Dimension.  Notwithstanding these efforts, 3^rd Dimension cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.

Registration

 

Registration may be required for the use of certain portions of the 3^rd Dimension Site and/or 3^rd Dimension Technology.  If you choose to register, you agree to accept automatic updates of the 3^rd Dimension Technology, as well as notifications via text message or email regarding such updates.

If 3^rd Dimension collects any information during the registration process, 3^rd Dimension will only collect information from those of you who have attained the age of majority in your place of residence.  The 3^rd Dimension Site and 3^rd Dimension Technology are not directed to children.  Please see our Privacy Policy regarding the collection of information.

Links

3^rd Dimension may provide, or third parties may provide, links to other websites or resources. Because 3^rd Dimension has no control over such sites and resources, you acknowledge and agree that 3^rd Dimension is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 3^rd Dimension shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such site or resource.

Indemnification

You agree to indemnify and hold 3^rd Dimension, its employees, representatives, agents, affiliates, and subsidiaries harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the 3rd Dimension Site or 3rd Dimension Technology, your violation of these Terms of Use, or your violation of any rights of another person or entity.

General

These Terms of Use constitute the entire agreement between you and 3^rd Dimension and govern your use of the 3^rd Dimension Site and 3^rd Dimension Technology. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The Terms of Use and the relationship between you and 3^rd Dimension shall be governed by the laws of the State of New York applicable to contracts made and entirely performed with in the State of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within the County of New York, New York. 3^rd Dimension’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the 3^rd Dimension Site and/or 3^rd Dimension Technology, or the Terms of Use, must be filed within one (1) year after such claim or cause of action arose or be forever barred.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. 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.