Terms of Service Agreement

Last Updated: August 20, 2023

Please note that SmithWorks Inc. is the parent company to Third Covenant.

SWI is not a tax-exempt (501(c)(3) organization and your generous gift is not tax-deductible. Donors should consult with their own tax advisor with any questions.

SWI and its staff does not diagnose, treat, or cure any disease, and we do not provide medical advice. This website is not intended to, and does not, replace a one-on-one relationship with a qualified health care professional and is not intended to, and is not, provided as medical advice. You are strongly encouraged to make your own health care decisions in partnership with your qualified health care professional. Never disregard medical advice from your qualified health care professional, or delay seeking it, or discontinue taking medicine, and never self medicate, because of something you have read on this website and/or never rely on information on this website in place of seeking professional health care advice.

The authors of the site or any information contained therein are not responsible for or liable for any advice, course of treatment, perceived diagnosis or any other information, services or products that you obtain through this site. The information posted on this website or any social media associated with SWI has not been reviewed or approved by the FDA.

SWI and its affiliates make no claims regarding the services, products, equipment, or procedures mentioned on this site or on linked websites.

Video and written success stories contained on this site are the sole experience of those individuals shown or having written them, and are not the opinions of SWI.

In compliance with the FTC guidelines, please assume that any links provided on the site are affiliate links in which a small commission is received. If an affiliate link is posted, it is because the founders of SWI personally use it, support it, or would suggest it even without an affiliate link.

All content, including text, graphics, images and information available on or through this website are for general informational purposes only.

Designated trademarks are the property of their respective owners.

Please read the following Terms of Service (TOS) Agreement carefully before using our sites and/or our services. The TOS contains important information about your rights and obligations, as well as limitations and exclusions. By accessing or using our sites and our services, you hereby agree to be bound by, and you confirm your unconditional agreement to, and acceptance of all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer, to read the terms and conditions before proceeding to use our sites or our services. If you elect not to accept this TOS, do not order any products from or utilize any services provided by us and do not use our sites or interact with their features, including programs, classes, courses, reviews, subscriptions, etc. This TOS is effective as of July 14, 2022.

1. Acceptance of Terms

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with SmithWorks Inc. (SWI), located at 9116 Dorothy Lane, St. Francisville LA 70775 and our subsidiaries and affiliates, in association with the use of the Third Covenant website, which includes ThirdCovenant.com, 3CPath.com, 3CPath.net, 3CJourney.com, or 3CJourney.net (the “Site”) and its Services, which shall be defined below.

2. Description of Website Services Offered

The Site is an e-commerce website which has the following description:

This website is intended to provide true and high-quality information to those seeking improvement in their health and their relationship with God. We have natural supplements for sale, some of which SWI is an affiliate provider, and, we have services for sale. Any suppplement claims presented are made by the manufacturer and not by Third Covenant or the parent company. We provide Biblical scriptures and teachings.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of SWI. At its discretion, SWI may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services and/or products unless otherwise stipulated. SWI does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that SWI shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such SWI shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

3. Products

SWI’s policy is one of ongoing product research. Our independent research projects and impartial reviews are funded in part by affiliate commissions, at no extra cost to our readers or members. While we do our best to ensure the information on thirdcovenant.com is accurate to the best of our knowledge, some products are suggested for purchase from third-party vendors. SWI is not responsible for third-party formulations. Third-party product packaging may change without notice and the product you receive may contain additional details or may differ from the product information and packaging available on sthe third-party website. SWI is in no way responsible for the formulations or packaging of products purchased from a third-party website. We recommend that you reference the complete information included with the product you receive including ingredient lists, allergen statements, warnings and directions before consumption, and do not rely solely on the details shown on this Website.

4. Calls May be Recorded for Training Purposes

By purchasing a consultation and/or membership from SWI, your Zoom and/or audio call may be recorded for training purposes only. Users and/or members are responsible for informing our office if they do not wish to have their call recorded.

5. Registration

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving SWI Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, SWI may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with SWI and sign-in to our Services, you are no longer anonymous to us.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, SWI will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of SWI Services, or any portion thereof.

It is SWI’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the SWI website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

6. Member Account, Username, Password and Security

When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify SWI immediately if you notice any unauthorized access or use of your account or password or any other breach of security. SWI shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

7. Conduct

As a user, customer, or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the SWI Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by SWI.

Furthermore, you herein agree not to make use of SWI Services for the purpose of:

1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
2. causing harm to minors in any manner whatsoever;
3. impersonating any individual or entity, including, but not limited to, any SWI officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having an contractual or fiduciary relationship with;
5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
10. interfering with or disrupting any SWI Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act;
13. “stalking” or with the intent to otherwise harass another individual; and/or
14. collecting or storing of any personal data relating to any other user or member in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

SWI herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

SWI herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

1. compliance with any legal process;
2. enforcement of the TOS;
3. responding to any claim that therein contained content is in violation of the rights of any third party;
4. responding to requests for customer service; or
5. protecting the rights, property or the personal safety of SWI, its visitors, users and members, including the general public.

SWI herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by SWI or any other content providers supplying content services to SWI. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

8. Privacy Policy

Every member’s registration data and various other personal information are strictly protected by the SWI Online Privacy Policy (see the full Privacy Policy at thirdcovenant.com/privacy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by SWI and/or our subsidiaries and affiliates.

Consultations and consultation calls may be recorded. SWI may use those recordings for training purposes.

9. Contributions to Website

SWI provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

1. your contributions do not contain any type of confidential or proprietary information;
2. SWI shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
3. SWI shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
4. the contributor’s Contributions shall automatically become the sole property of SWI; and
5. SWI is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

10. Website Modifications

SWI reserves the right temporarily or permanently to modify or discontinue thirdcovenant.com as a whole and/or any or all of the Website features, products, prices of products, promotions, services or information appearing on, or available through, any part or all of the Website at any time with or without notice to you and is not responsible for typographical errors or misprints. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. SWI also reserves the right to limit product order quantity and/or the number of member subscribers at any time without notice.

11. Closed Captioning

BE IT KNOWN that SWI works to comply with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. If you access any video or software that appears to not comply with said rules and regulations, you agree to contact SWI to make known said video and/or software at closedcap@thirdcovenant.com.

12. Use and General Practices

You herein acknowledge that SWI may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by SWI, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on SWI’s servers on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that SWI has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, SWI shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on SWI’s servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on thirdcovenant.com. It is your agreement to this TOS which establishes your consent to allow SWI to store any and all communications on its servers.

13. Orders and Payments

It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. SWI may collect sales tax from your order as required by any state and its local jurisdictions. You may be responsible to report and pay the applicable sales tax on orders in which no sales tax was collected. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, in-home use (where no admission fee is charged), non-public performance, and may not be duplicated.

While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Note that you are not able to order any products for resale purposes unless you are a wholesale customer. We reserve the right, without prior notice, to limit the order quantity on any product or service. We also may require verification of information prior to the acceptance and/or shipment of any order.

By placing an order, you authorize SWI to charge the credit card/debit card you provided for your order. If your form of payment is declined at the time you place your order, your order will not be accepted, and you will be notified that your order payment has failed. Once your payment information is corrected, your order will be placed. If you have received an order without paying for it (e.g. your credit card was cancelled), SWI reserves the right to pursue any collection efforts allowed under the law.

For orders paid by check or e-check, if there is an overage amount (check amount is greater than the total order), SWI will apply the overage amount as store credit to your account once the order has been shipped. If the amount of the overpayment is $5 or greater, and you make a written request to SWI for reimbursement of the overpayment, SWI will issue a refund check in lieu of a store credit to the customer. If your check payment has “bounced” or was declined by our bank, you are liable for paying the bank’s “Bounce Fee,” along with your order total before your order will be fulfilled.

If there is an underage amount for any order paid by check (check amount is less than the total order), SWI has the right to use your store credit to pay for the underage amount, refuse your payment or ask you to submit an additional payment for the underage amount. If SWI has not received complete payment within two weeks of your order date, your order will be cancelled and payment voided.

All check orders will be placed on hold until SWI receives full payment and the payment has cleared SWI ‘s bank, which usually takes up to 14 business days. Once SWI receives confirmation from its bank that your payment has cleared, your order will be fulfilled.

14. Return Policy

SWI has a general “no return policy” to keep all our supplements safe. 

15. Product and Service Reviews

SWI allows only registered customers with a verified purchase to post Product and/or Service Reviews, including ratings and comments, about products purchased through thirdcovenant.com (collectively, “Reviews”).

Reviews posted about our products are not endorsed by SWI and do not represent the views of SWI. The registered customer acknowledges that any content, opinion, statement, recommendation, rating, offer, advice or other information presented or disseminated in any Review is that of its respective author who is solely responsible and liable for his or her content and its accuracy.

Because SWI expects registered customers to maintain a high level of integrity with respect to ratings and reviews posted through the Website, you, as the registered customer, agree to (1) base any rating or review you post only on your first-hand experience with the product and/or service you are reviewing, (2) not submit a review that references any medical claims and (3) comply with these and the following Terms and Conditions. You agree that your Review will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Review will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead SWI or third-parties as to the origin of any Review.

SWI takes no responsibility and assumes no liability for any Review posted by a registered customer or any third-party. We are also and shall be under no obligation to (1) maintain any Review in confidence, (2) pay compensation for any Review or (3) respond to any Review. We may, but have no obligation to, monitor, edit or remove any Review that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, diminishes the integrity of the SWI Reviews or violates any party’s intellectual property or these Terms and Conditions without notice. All verified purchase reviews by a registered customer may take up to 24 to 48 business hours to display on the Website upon approval.

16. Submission of Information and/or Materials

If you voluntarily choose to provide your personal information, this information is covered under our Privacy Policy. SWI in no way encourages thirdcovenant.com customers to disclose private information on publicly accessible portions of this Website. SWI and its directors, officers, employees and agents are not liable for the disclosure of any personal information that you voluntarily include on the Website. You have no legitimate expectation of privacy in any information that you voluntarily disclosed to SWI and by voluntarily disclosing such information you may waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information. You understand and agree that SWI may collect and utilize any personal information, which you voluntarily provided, and may combine the personal information collected from you with information collected from others to provide a better user experience.

17. Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any advertiser. Moreover, you herein agree that SWI shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

18. Linking to This Website

Creating or maintaining any link from another website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules and regulations.

19. Third-Party Links

This Website may contain links to websites that are not owned, operated or controlled by SWI or their respective affiliates. These links are for your convenience only and are not under our control. SWI is not responsible for the availability of such external sites or resources, and does not endorse any such site, or any content, advertising, products, or other materials on or available from such websites or resources. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

Products and/or services purchased through third-party websites are subject to the Terms and Conditions of such other parties and their websites, and SWI shall have no liability or responsibility theretofore.

20. Commercial Reuse of Services

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to SWI’s sites.

21. Shipping Limitations

When a customer or member purchases a product order from this website, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract with independent carriers. Risk of loss and title for items purchased from this Website pass upon delivery of the items to the carrier. Claims for damaged and/or lost shipments should be addressed to the carrier.

22. Domestic Use/Export Restriction

SWI controls this Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain products, technical data, and software to certain territories. No content from the website may be downloaded in violation of United States law.

23. Proprietary Rights

You hereby acknowledge and agree that SWI’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by SWI or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on SWI Services (e.g. Content or Software), in whole or part.

SWI herein has granted you a personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by SWI for use in accessing our Services.

24. Copyright or Intellectual Property Infringement Claims Notice and Procedures

SWI will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, SWI may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the site which you allege has been infringing upon your work;
4. Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The SWI Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:
SWI
Attn: Copyright Agent
9116 Dorothy Lane
St Francisville LA 70775

Telephone:
(225) 784 – 2168

Email:
legal@thirdcovenant.com

25. Interstate Communications

Upon registration, you hereby acknowledge that by using thirdcovenant.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

26. Cautions for Global Use and Export and Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations Sanctions Control Program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx).

Furthermore, you state and pledge that you:

1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

27. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold SWI and our parents, affiliates (and their franchisees and licensees), and subsidiaries, agents, officers, partners, directors, employees, successors and assigns, blameless and harmless or not liable for or from any claim, loss or demand, which may include but is not limited to reasonable attorneys’ fees made by you or any third party which may arise out of your, or a third-party violation of these Terms and Conditions and/or from any content a member, customer, or user of our site may submit, post, modify, transmit or otherwise make available through our Services. This indemnity survives termination of these Terms and Conditions.

28. Disclaimer of Warranties

OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SWI AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, SWI AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE PRODUCTS OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; NOR DOES SWI OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCTS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

FURTHERMORE, YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

1. THE USE OF SWI SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SWI AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
2. SWI AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SWI SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SWI SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR- FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SWI SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFWARE WILL YOU’RE YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SWI SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SWI OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

29. Exclusion and Limitations

There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections warranty disclaimers and limitation of liability may not apply to you.

30. Liability Restrictions

To the fullest extent permitted by law, SWI and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use any products obtained on or through the Website, even if SWI or its affiliates have been advised of the possibility of such damages; cost of procurement of substitute goods and services; any goods or services purchased or obtained through or from the Website; and/or loss of profits, use, data or other intangible losses. In the event of any problem with the products or services that you have purchased on or through this Website, your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Website.

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SWI, IT’S OWNERS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

31. Third Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

32. Notice

SWI may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS which you have made by utilizing this website constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

33. Release

In the event you have a dispute, you agree to release SWI (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

34. Revisions to These Terms and Conditions

These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should occasionally visit this page to review the current Terms and Conditions. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Website.

35. Enforcement of Terms and Conditions /Jurisdiction

It is at the mutual agreement of both you and SWI with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Louisiana without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and SWI, shall be filed within the courts having jurisdiction within the Parish of West Feliciana, Louisiana or the U.S. District Court located in said state. You and SWI agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

To the fullest extent permitted by law, these Terms and Conditions are intended to be governed and interpreted pursuant to the laws of the State of Louisiana, United States of America, notwithstanding any principles of conflicts of law.

To the fullest extent permitted by law, our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should endeavor, to the fullest extent permitted by law, to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms and Conditions remain in full force and effect.

36. Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.

37. Termination

As a user of thirdcovenant.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to cancel@thirdcovenant.com.

As a user and/or member, you agree that SWI may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
2. by way of requests from law enforcement or any other governmental agencies;
3. the discontinuance, alteration and/or material modification to our Service, or any part thereof;
4. unexpected technical or security issues and/or problems;
5. any extended periods of inactivity;
6. any engagement by you in any fraudulent or illegal activities; and/or
7. the nonpayment of any associated fees that may be owed by you in connection with your com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with thirdcovenant.com shall include any and/or all of the following:

1. the removal of any access to all or part of the Services offered within thirdcovenant.com;
2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. the barring of any further use of all or part of our Services.

38. Violations

Please report any and all violations of this TOS to SWI as follows:

Mailing Address:
SWI
9116 Dorothy Lane
St Francisville LA 70775

Telephone:
(225) 784 – 2168

Email:
legal@thirdcovenant.com

39. General

No agency, partnership, joint venture or employment is created as a result of the Terms and Conditions, and you do not have any authority of any kind to bind SWI in any respect whatsoever. The failure of either party to exercise and respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

40. Entire Agreement

This Terms and Conditions constitutes the entire agreement between you and SWI and shall govern the use of our Services, superseding any prior version of this Terms and Conditions between you and us with respect to SWI services and/or products. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other SWI services and/or products, affiliate services and/or products, third-party content or third-party software including but not limited to becoming a Third Covenant Member.

41. Acceptance

To the fullest extent permitted by law, your ordering any course, video, audio, text, service, and/or product from SWI confirms your unconditional acceptance of these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not purchase from this Website.

42. Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at: