THE PLANT MEDICINE PATH TERMS OF SERVICE 

Welcome to The Plant Medicine Path (the “Site”). These Terms of Service (the “Agreement”) apply to any access to or use of the Site. The Site is owned and operated by 3W Wellness Inc, with its registered office in 16192 Coastal Highway, Lewes, Delaware, Postal Code 19958. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE SITE. BY USING OR ACCESSING THE SITE, YOU SIGNIFY YOUR ASSENT TO THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ASSENT TO THIS AGREEMENT, PLEASE DO NOT USE OR VIEW THE SITE. 

CHANGES TO AGREEMENT 

The Plant Medicine Path may, at any time and in its sole discretion, amend, modify, delete, or add (collectively “Amendments”) to the terms and conditions of this Agreement. Your use of the Site after such Amendments has been posted constitutes your agreement with and acceptance of such Amendments. 

CHANGES TO SITE AND SERVICES 

The Plant Medicine Path may, at any time and in its sole discretion, modify, add to, delete, suspend, or terminate the Site and any content, services or material offered on or throughout the Site, for any or no reason, and with or without notice. 

INTELLECTUAL PROPERTY OWNERSHIP 

All information, materials, images, software, photographs, articles, functions, text, and other content (collectively, “Content”) contained on or offered through the Site and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Third Wave, its licensors or content providers or other third parties. The Site and all its Content and the selection and arrangement thereof, is protected as a compilation owned by The Plant Medicine Path under the copyright laws of the United States and other countries. The Plant Medicine Path may change the Site or delete any Content or features or services at any time, in any way, for any or no reason. The Plant Medicine Path reserves all rights not expressly granted in and to the Site and the Content. 

Unless otherwise noted, The Plant Medicine Path and all other trademarks, service marks, trade names, and logos displayed on the Site are the trademarks, service marks, trade names, and logos of The Plant Medicine Path. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Site without the owner’s prior written permission. Unauthorized use of The Plant Medicine Path and all other trademarks, service marks, trade names, and logos displayed on the Site is strictly prohibited. 

USE OF THE SITE 

Content may not be copied, reproduced, republished, uploaded, posted, re-delivered using framing technology, transmitted, displayed, performed, distributed, or used in any way without The Plant Medicine Path prior written permission; provided however, that users may download one copy of any Content on any single computer and print a copy of that Content solely for their personal, private, non-commercial use. No permission is granted to use the Site icons, addresses or other means to hyperlink other web sites with any page in the Site. 

Some products or services provided by The Plant Medicine Path may include “lifetime access” for purchasers. In such an event, we shall provide access to the product or service indefinitely. If The Plant Medicine Path ceases to exist, we will endeavor to continue to provide access to the product or service but cannot guarantee our capacity to do so in the face of unforeseen circumstances. 

SUBMISSIONS 

The Site may offer users the opportunity to post listings, articles, comments, photographs, videos, artwork, and other content or materials on the Site (collectively, the “User Submissions”). By making a User Submission, you grant to The Plant Medicine Path an unrestricted, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission throughout the world in any and all media and formats, whether now known or hereafter developed, for any purpose whatsoever, without payment of compensation or acknowledgement of its source. You further agree that The Plant Medicine Path is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Third Wave without any monetary or other obligation to you. 

You agree not to post on or transmit to the Site any User Submission or other material that: 

  • is unlawful, libelous, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or racially, ethnically, or otherwise objectionable in any manner. 
  • is an advertisement or promotion for any product or service that had not been approved in writing by The Plant Medicine Path. 
  • is false, misleading, or constitutes an unfair or deceptive trade practice. 
  • constitutes a breach of your contractual and/or fiduciary obligations or an invasion of privacy. 
  • infringes on any third-party patent, trademark, trade name, corporate name, trade secret, copyright, publicity, or other proprietary or property rights; or 
  • contains viruses, Trojan horses, worms or other code, scripts, routines, files, or programs designed to alter, interrupt, impede, limit or destroy the performance and/or functioning of any software, hardware, or other equipment. 

You further agree that any User Submission you provide does not contain any confidential, proprietary or trade secret information of any third party, and will not be treated as confidential by The Plant Medicine Path. The Plant Medicine Path shall have no obligation to store, keep copies of or return any User Submissions. The Plant Medicine Path further reserves the right (but does not have the obligation), in its sole discretion, to modify, delete or remove any User Submission from the Site that it deems to be in violation of the foregoing requirements. 

You will be solely responsible and liable for, and will indemnify The Plant Medicine Path and its officers, directors, employees and agents (“Released Parties”) from and against any losses, expenses, liabilities, claims, costs, and damages (“Claims”) arising from your Submission, including, but not limited to, any Claim arising out of breach of this Agreement or any Claim for infringement of copyright, trademark, patent or other proprietary rights. 

NO MEDICAL ADVICE 

THE SITE MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SITE DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THIRD WAVE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED ON THE SITE. 

YOU ARE RESPONSIBLE FOR YOUR OWN HEALTH AND WELL-BEING. 

We do not recommend, endorse, or make any representation about the efficacy or suitability of any specific practices, products, procedures, treatments, opinions, health care service providers or other information that may be contained on or available through our website. We are not responsible for any advice or treatment of products that you learn about or obtain through our website. 

SUICIDE. 

If you or someone you know may be considering suicide, contact the National Suicide Prevention Lifeline at 1-800-273-8255 (en español: 1-888-628-9454; deaf and hard of hearing: dial 711, then 1-800-273-8255) or the Crisis Text Line by texting HOME to 741741. 

THIRD PARTY CONTENT 

The Plant Medicine Path may from time-to-time post content supplied by third parties and users (collectively “Third-Party Content”). Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-Party Content are those of the respective author(s) or distributor(s) and not of The Plant Medicine Path. The Plant Medicine Path does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Additional disclaimers and limitation of liability are noted below. 

PRODUCT POLICY 

Microdosing Coaching Call No-Show 

If you schedule a coaching call and do not show up without any prior notification, then we cannot reschedule or reimburse your missed call. We have this policy in place to honor the time of our coaches. 

We do understand, however, that emergency situations arise from time-to-time. Therefore, if you provide a minimum of six hours’ notice for cancellation, we are happy to reschedule your coaching call later. 

Refunds 

We offer a 10-day money-back guarantee for purchasers of the Microdosing Course, Sourcing Guide, Microdosing Coaching. Microdosing Coaching. Microdosing Experience are eligible for a full refund within this 10-day period. The refund window offered is contingent on not having scheduled and conducted any of their coaching calls, in the case of a purchase of Microdosing Coaching, or on requesting the refund before the beginning of the first class, in the case of the Microdosing Course. 

If you have already scheduled your initial coaching call, you are eligible for a full refund providing the call is canceled within 24 hours of the scheduled time. For calls scheduled past this time, first reach out and confirm the cancellation with your coach. 

If you wish to discontinue registration in the Microdosing Course beyond the scheduled time of the first class, you are no longer eligible for a refund, but you may request that your purchase be credited towards private coaching sessions, instead. 

AFFILIATE POLICY 

Establishing and maintaining the trust of our audience is at the core of The Plant Medicine Paths content policy. For that reason, it is important that we establish clear guidelines to ensure our audience knows where our information comes from, and that it can be trusted. 

Some articles on The Plant Medicine Path contain links and discount codes for products available from third parties. These links will signal to the retailer that The Plant Medicine Path has referred to you. Should you choose to purchase a product, we may receive a commission on the sale. 

We apply the same standards of objectivity to these articles as we do to the rest of our content. The Plant Medicine Path writers and editors are instructed not to alter coverage because of this program, and they are never incentivized to do so. Posts with affiliate links will always include an individual disclaimer located at the top of any relevant article, and all opinions expressed therein are our own. 

DISCLAIMERS/LIMITATION OF LIABILITY 

While The Plant Medicine Path uses reasonable efforts to include accurate and up to date information on the Site, The Plant Medicine Path makes no warranties or representations as to its accuracy. The Plant Medicine Path assumes no liability or responsibility for any errors or omissions in the Content of the Site. 

THE MATERIALS ON, OR ACCESSIBLE FROM, THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The Plant Medicine Path DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Plant Medicine Path DOES NOT WARRANT THAT THE ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Plant Medicine Path DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE CONTENT, USER SUBMISSIONS AND OTHER MATERIALS ON, OR ACCESSED THROUGH, THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

IN NO EVENT WILL The Plant Medicine Path BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN THEIR TECHNICAL OPERATION OR CONTENT, EVEN IF The Plant Medicine Path HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

By using the Site, you agree to indemnify, hold harmless and defend the Released Parties from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site in violation of this Agreement. 

THIRD PARTY SITES 

Certain links on this Site may lead to Web sites, Web pages, and resources (“Third-Party Sites”) maintained by third parties over whom The Plant Medicine Path has no control. The Plant Medicine Path accepts no liability or responsibility for any material supplied or contained on such Third-Party Sites or any use of personal information by such third parties. The Plant Medicine Path makes no representation or warranty as to the accuracy or any other aspect of the information on such Third-Party Sites. 

OTHER PROVISIONS 

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of New York, without regard to its conflicts of law principles. 

If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between The Plant Medicine Path and users of the Site relating to the subject matter contained herein, except in the case of those individuals or organizations that have purchased access to a product or service provided by The Plant Medicine Path and have executed a separate agreement and/or release; in such case, the separate agreement and/or release executed in conjunction with the purchase of the product or service shall supersede this Agreement. No delay or failure by The Plant Medicine Path to act under this Agreement will constitute a waiver of any of the provisions contained herein, or rights provided hereby, unless expressly waived in writing by The Plant Medicine Path. No single waiver will constitute a continuing or subsequent waiver. 

You agree that any cause of action arising out of or related to the Site, or this Agreement must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. 

NOTICES 

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed using the contact information provided on theplantmedicinepath.com 

The Plant Medicine Path DIRECTORY TERMS OF SERVICE 

USE OF THE PLATFORM 

  • In using the Platform, you can view all listings published by listing owners (“Providers”), submit requests (“Requests”) to the Providers, make a reservation (“Reservation”) and write reviews. 
  • A Reservation placed through the Platform forms a binding agreement between you and the Provider if the Provider accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints, or remarks about a Provider, an Experience Offer, a Reservation, or a Request, you can contact The Plant Medicine Path through the Platform. 
  • The listings are subject to the Provider’s terms and conditions, as well as all agreements between you and the Provider. The Plant Medicine Path shall never become a party to an agreement between a Provider and you. 
  • We advise you to carefully read the Provider’s terms and conditions since they may entail legal obligations and it is your responsibility to adhere to such obligations. The Plant Medicine Path accepts no responsibility whatsoever for any decisions made by you based on the content of The Plant Medicine Path and/or the Providers on the Platform, unless stated otherwise in these Terms of Use. 
  • You and the Provider are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. 
  • To view, change or cancel your reservation, please refer to your confirmation email, where you will find all relevant instructions. 
  • You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you can upload content to the Platform, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights, or any other rights and you indemnify The Plant Medicine Path from any third party’s claim in this respect. You also warrant that you do not submit content that involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). 
  • We do not warrant that your content will be correctly, completely, and/or continuously available on the Platform. 

In other words: 
“After you have chosen a provider, made a reservation and entered all of your correct personal data, you will engage in a contract with the Provider. The Plant Medicine Path can in no way be held responsible if issues (however unlikely) arise between you and the Provider.” 

PROVIDER RULES. 

The guidelines in this policy govern issues like acceptance of Profiles by The Plant Medicine Path, how Profiles are displayed on the Third Wave Directory, and the removal of Profiles from The Plant Medicine Path. The Plant Medicine Path has sole and absolute discretion with respect to interpretation and enforcement of this policy and all other issues associated with Profiles on The Plant Medicine Path Directory. The Plant Medicine Path may change this policy at any time in its sole discretion by posting a revised policy to the applicable The Plant Medicine Path Property. 

The Plant Medicine Path has sole discretion for determining the types of Profiles that will be accepted and displayed on The Plant Medicine Path Directory, and under no circumstances will The Plant Medicine Path acceptance of any Profile be considered an endorsement of the product(s) and/or service(s) advertised or for the company that advertises, manufactures, distributes, or promotes the products or services. 

The Plant Medicine Path will not knowingly accept Profiles that, in The Plant Medicine Path opinion, are not factually accurate and in good taste. 

There are certain categories of Profiles that The Plant Medicine Path will not knowingly permit on  The Plant Medicine Path Directory at any time. These categories include but are not limited to the following: 
Illegal, ‘objectionable’, ‘ineffective’ and/or ‘dangerous’ products (The Plant Medicine Path reserves the right to determine what is ‘objectionable’, ‘ineffective’ and/or ‘dangerous’) fraudulent, deceptive, illicit, misleading or offensive material that misrepresents, ridicules, discriminates (real or implied) or attacks an individual or group on the basis of age, national origin, race, religion, gender, sexual orientation, marital status, disability or any other status deemed inappropriate for The Plant Medicine Path Directory. 

The Plant Medicine Path reserves the right to decide at any time in its sole discretion whether it will accept, reject, cancel, or remove Profiles from The Plant Medicine Path Directory. Third Wave cannot provide any assurances that Profiles will perform without error on all platforms, including websites and mobile applications. 

It is the provider’s responsibility to comply with all domestic and foreign laws and regulations applicable to its Profiles within The Plant Medicine Path Directory (and to include all legally required legends, disclosures, and statements in such Profiles), including without limitation the current FDA guidelines for Direct to Physician (DTP) and Direct to Consumer (DTC) Profiles. The Plant Medicine Path will not monitor compliance with such laws and regulations. However, Third Wave reserves the right to review all Profiles for compliance with applicable laws and regulations and, if The Plant Medicine Path becomes aware of any breach or potential breach of any applicable law or regulation or of these guidelines, The Plant Medicine Path may remove the Profiles from the The Plant Medicine Path Directory. 

REGISTRATION RULES. 

To post certain material to the Site, such as professional profiles in the directory, you will be required to register. We will request information from you, including your name and email, for your registration. You must provide us with true and accurate registration information. We will not share your registration information with third parties, except as necessary to provide you with services you request or with your permission as provided in the Site Privacy Policy. 

We will assign a username and password to you. You may not share your account, username or password with anyone else, and you will be responsible for the actions of anyone who obtains your username and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your username and password. 

If at any time during the term of this agreement we understood that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate. 

Materials you post to the Site may not contain: (1) URLs or links to websites that compete with the Site; (2) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner’s permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything that is embarrassing or offensive to another person, group or entity. 

You may not use your Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of you own services, post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (4) post chain letters or pyramid schemes; or (5) post opinions or notices, commercial or otherwise. 

Materials that encourage our users to “email for more details” are not permitted. Materials from any third party charging a fee are not permitted. 

We are under no obligation to monitor the materials posted on the Site by users, but we may monitor materials at random. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified by a user that any user materials on the Site violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions. 

You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited. 
You may not send (or encourage or help others to send) unsolicited commercial email to our users. 

Report inappropriate postings or conduct to support@thethirdwave.co. 
You may not delete or revise any material posted by any other person or entity. 
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited. We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported. 

IP RIGHTS 

  • All intellectual property rights relating to the Platform, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as rights to knowhow (“IP Rights”), are owned by The Plant Medicine Path, its licensors or our Providers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from The Plant Medicine Path to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use. 
  • By uploading reviews and other content, you grant The Plant Medicine Path a royalty-free, worldwide, non-exclusive, sublicensable, and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform. 
  • You represent and warrant that you have all rights to grant the licenses, without infringing or violating any third-party rights, including but not limited to, any privacy rights, publicity rights, IP Rights, or any other proprietary rights. You indemnify The Plant Medicine Path against any and all third-party claims, based upon any alleged infringement of such third-party rights in relation to the content you submitted. 

PRIVACY 

  • To make use of the Platform, it is required that you provide The Plant Medicine Path with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy, such as the General Data Protection Regulation (GDPR), The California Online Privacy Protection Act (CalOPPA), California Consumer Privacy Act (CCPA), and other legislation targeting the processing and storage of personally identifying information. The Plant Medicine Path only uses your personal data in accordance with the Privacy Policy. 
  • To submit a Request or make a Reservation, you may be required to provide personal data to a Provider. The Provider is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by a Provider. 

In other words: 
“We take your privacy very seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After making a reservation or booking, the Provider is responsible for handling your personal information. For more info check out our Privacy Policy.” 

LIABILITY 

  • Any liability on The Plant Medicine Path part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded. 

WARRANTIES AND INDEMNIFICATIONS 

  • Except as expressly provided in these Terms of Use, The Plant Medicine Path makes no warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, or accuracy of the Platform. Furthermore, The Plant Medicine Path does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels, and/or therapeutic benefits related to a particular provider’s services. 
  • The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations, is the sole responsibility of you and the Provider. You indemnify The Plant Medicine Path from all claims submitted by a Provider or a third party that relates to Reservations made by you with that specific Provider, as well as to the payment of such Reservations. 
  • However, The Plant Medicine Path will provide assistance to you to the best of its abilities in case any issues arise between you and a Provider in order to resolve those issues. 
  • You guarantee that you will not use the Platform in a way that: 
  1. infringes the rights of The Plant Medicine Path or third parties such as other users or Providers, including but not limited to IP Rights or rights in relation to the protection of privacy; 
  1. is contrary to any current legislation or regulations; or 
  1. is contrary to any provision in these Terms of Use. 

UNLAWFUL CONTENT 

  • The Plant Medicine Path is not responsible for any content made available on the Platform. Third Wave will only, under the conditions as set out in this article, be obliged to remove, or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated. 
  • The Plant Medicine Path has established a procedure, by which any alleged unlawful content available on the Platform can be reported to The Plant Medicine Path. This can be done by flagging the specific content as unlawful, whereupon The Plant Medicine Path shall receive a notification. 
  • The Plant Medicine Path reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. 
  • In such a situation The Plant Medicine Path can request a court order from a competent court to determine whether the material or the activity is unlawful and should be removed. 
  • The Plant Medicine Path will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content. 
  • The person that has reported unlawful content indemnifies The Plant Medicine Path from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs The Plant Medicine Path suffers, could suffer, or which The Plant Medicine Path incur in relation to such a claim, including but not limited to the compensation of legal assistance. 
  • The Plant Medicine Path respects and protects the privacy of those who report (alleged) unlawful content. All personal data The Plant Medicine Path receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification. 

In other words: 
“In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content, and we may remove or block access to that content.” 

APPLICABLE LAW AND COMPETENT COURT 

  • The Terms of Use and the use of the Platform are governed by US law. All disputes arising from or related to any agreement between Parties will be brought before the competent court in the State of Delaware. 
  • The Plant Medicine Path may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Provider is not permitted to transfer any right derived from an Account to third parties without Third Wave’s prior written consent. 
  • If at any time any provision of these Terms and Conditions is or becomes illegal, void, or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.