Thrive25 Terms of Use
Last updated: November 15, 2024
Terms and conditions
The policies below are applicable to the “Thrive25” app published by Thrive25, Inc. and its related websites and applications; the Thrive25 website located at www.thrive25.com; all email newsletters published or distributed by Company; and all other interactive features and communications provided by Company, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Company (collectively “Company”, “Thrive25” or “we”, “us”, or “our”) (“Platform”).
These terms of use (these “Terms” or “Terms of Use”) set forth the legally binding terms and conditions that govern your use of the Platform. You (collectively “you”, “your”, ‘yourself’, “user”, or “member”) represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). You may not access or use the Platform or accept the terms if you are not at least 18 years old. If you do not agree with all of the provisions of these terms, do not access and/or use the Platform.
These Terms of Use are subject to change without notice. In addition, certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Use of Services
Company provides personalized health guidance, preventive service recommendations, biomarker analysis, and customized quick win suggestions, collectively “Services”. These Services are designed to help you optimize your health and navigate the healthcare system more effectively.
Not Medical Advice
The Services provided by Company, including, but not limited to data, information on our websites or content platforms, third-party websites or applications, images, references and all conversations are for informational and educational purposes only, and do not constitute medical advice, diagnosis, or treatment.
This includes any data uploaded by the user that may include any personal or medical data related to that user. Company does not provide medical interpretations of biomarker results. User should not interpret any Company recommendations or reports as a treatment plan or course of action. Users should always seek advice from qualified healthcare professionals for medical interpretation and action.
Additionally, Company is not a substitute for health insurance. Our Services do not replace health insurance coverage, and we do not provide any reimbursement or coverage for medical services or treatments. Users are encouraged to maintain health insurance for all healthcare needs.
For the avoidance of doubt, THRIVE25 DOES NOT OFFER OR PROVIDE MEDICAL ADVICE. Always consult a qualified healthcare professional for medical concerns. Any and all insights and suggestions are intended to complement, not replace, professional healthcare advice. You should evaluate the applicability of recommendations based on your personal circumstances and consult a qualified healthcare professional as needed.
CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY.
This includes any data uploaded by the user that may include any personal or medical data related to that user. Company does not provide medical interpretations of biomarker results. User should not interpret any Company recommendations or reports as a treatment plan or course of action. Users should always seek advice from qualified healthcare professionals for medical interpretation and action.
Additionally, Company is not a substitute for health insurance. Our Services do not replace health insurance coverage, and we do not provide any reimbursement or coverage for medical services or treatments. Users are encouraged to maintain health insurance for all healthcare needs.
For the avoidance of doubt, THRIVE25 DOES NOT OFFER OR PROVIDE MEDICAL ADVICE. Always consult a qualified healthcare professional for medical concerns. Any and all insights and suggestions are intended to complement, not replace, professional healthcare advice. You should evaluate the applicability of recommendations based on your personal circumstances and consult a qualified healthcare professional as needed.
CALL YOUR DOCTOR OR 911 IMMEDIATELY IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY.
Accounts
Account Creation. In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted in the account onboarding forms. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Platform. Company may suspend or terminate your Account in accordance with Section: Term and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account, or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
By using Platform, you consent to the collection, use, and sharing of your personal information as outlined in our Privacy Policy. We prioritize the security of your data but cannot guarantee complete protection from all potential security breaches.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account, or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
By using Platform, you consent to the collection, use, and sharing of your personal information as outlined in our Privacy Policy. We prioritize the security of your data but cannot guarantee complete protection from all potential security breaches.
Accuracy of Content
“Content” is defined as a compilation of all works in the Platform - included in the “Thrive25” app and its related websites and applications; the Company website; all email newsletters published or distributed by Company; and all other interactive features and communications provided by Company. While we strive to keep the Content accurate, complete and up-to-date, Company cannot and does not guarantee the accuracy, completeness, or timeliness of Content or your User Information on the Platform. Inaccuracies and other errors could be made by the Company or third parties. If you find something that is inaccurate, please inform us so that it can be corrected.
THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT THRIVE25 IS NOT PROVIDING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM.
THE CONTENT IS PROVIDED WITH THE UNDERSTANDING THAT THRIVE25 IS NOT PROVIDING MEDICAL, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE CONTENT IS INTENDED SOLELY FOR YOUR INFORMATIONAL PURPOSES AND IS NOT INTENDED AS MEDICAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM.
Membership
On the Platform, you may purchase a Thrive25 Membership (the “Membership”). Memberships are currently available on a monthly and annual basis. All memberships will renew automatically and the Company will notify you of upcoming renewal periods and charges to your method of payment. If you cancel your Membership, on the upcoming renewal date your Account will become disabled you will no longer have access to your Account or any Content, Services and User Information provided through the Platform.
For all payments, you represent and warrant that you are authorized to use the provided credit card and you agree to pay all charges incurred using your Account. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes. We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice.
For all payments, you represent and warrant that you are authorized to use the provided credit card and you agree to pay all charges incurred using your Account. All charges are exclusive of sales and other taxes and you are responsible for payment of any applicable taxes. We reserve the right to accept or reject orders for any reason. Price and availability of any service are subject to change without notice.
Cancellation and Refund Policy
You can cancel your Thrive25 Membership at any time. Cancellation will be effective on the next available renewal date, unless otherwise noted. You will continue to have access to your Account and the Platform until this date. To cancel your Membership, you must send a request to team@thrive25.com.
Once your Membership has been canceled you will lose access to any previously viable promotional codes, pricing or other discounts.
Company does not offer refunds on any Membership after the first 5 days of purchase of that Membership, unless otherwise specified at the time of purchase. For the avoidance of doubt, any cancellation of a Membership will not be subject to a prorated refund for the remainder of the Membership.
Once your Membership has been canceled you will lose access to any previously viable promotional codes, pricing or other discounts.
Company does not offer refunds on any Membership after the first 5 days of purchase of that Membership, unless otherwise specified at the time of purchase. For the avoidance of doubt, any cancellation of a Membership will not be subject to a prorated refund for the remainder of the Membership.
Use of Content
License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own personal, noncommercial use.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any Content displayed on the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any Content displayed on the Platform) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Platform.
Ownership. Excluding any User Information that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Platform and its Content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section: Use of Services. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Feedback. If you provide Company with any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any Content displayed on the Platform; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform shall be subject to these Terms. All copyright and other proprietary notices on the Platform (or on any Content displayed on the Platform) must be retained on all copies thereof.
Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
No Support or Maintenance. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Platform.
Ownership. Excluding any User Information that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Platform and its Content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Platform) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section: Use of Services. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
Feedback. If you provide Company with any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
User Information
User Information. “User Information” means any and all information that a user submits to, or uses with, the Platform (e.g., information in the user’s profile or postings). You are solely responsible for your User Information. You assume all risks associated with use of your User Information, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Information that personally identifies you or any third party. You hereby represent and warrant that your User Information does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Information is in any way provided, sponsored or endorsed by Company. Since you alone are responsible for your User Information, you may expose yourself to liability if, for example, your User Information violates the Acceptable Use Policy. Company is not obligated to backup any User Information, and your User Information may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Information if you desire.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Information, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Information in the Platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Information.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Information (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Information, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Information in the Platform. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Information.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:You agree not to use the Platform to collect, upload, transmit, display, or distribute any User Information (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable, (iii) that is harmful to minors in any way, or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Information in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Information, terminating your Account in accordance with Section: Term and Termination, and/or reporting you to law enforcement authorities.
Other Users. Each user is solely responsible for any and all of its own User Information. Since we do not control User Information, you acknowledge and agree that we are not responsible for any User Information, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Information. Your interactions with other users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
HIPAA Compliance. Our Platform is committed to protecting the privacy and security of your Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”). By using our Platform or Services, you acknowledge that healthcare dates of service, biomarker lab test results, and any health-related notes or messages shared with our Platform may include PHI.
We have implemented technical, administrative, and physical safeguards to ensure the confidentiality, integrity, and security of your PHI. However, you are responsible for maintaining the security of your account login credentials and for sharing information with qualified healthcare professionals in a secure manner.
If you have any questions about how we protect your PHI or wish to access or manage your information, please contact us at team@thrive25.com.
Enforcement. We reserve the right (but have no obligation) to review, refuse and/or remove any User Information in our sole discretion, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Information, terminating your Account in accordance with Section: Term and Termination, and/or reporting you to law enforcement authorities.
Other Users. Each user is solely responsible for any and all of its own User Information. Since we do not control User Information, you acknowledge and agree that we are not responsible for any User Information, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, appropriateness, or quality of any User Information. Your interactions with other users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user, we are under no obligation to become involved.
HIPAA Compliance. Our Platform is committed to protecting the privacy and security of your Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act (“HIPAA”). By using our Platform or Services, you acknowledge that healthcare dates of service, biomarker lab test results, and any health-related notes or messages shared with our Platform may include PHI.
We have implemented technical, administrative, and physical safeguards to ensure the confidentiality, integrity, and security of your PHI. However, you are responsible for maintaining the security of your account login credentials and for sharing information with qualified healthcare professionals in a secure manner.
If you have any questions about how we protect your PHI or wish to access or manage your information, please contact us at team@thrive25.com.
Term and Termination
These Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. You understand that any termination of your Account may involve deletion of your User Information associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Information.
Indemnification
You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your User Information. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party
Third-Party Links & Ads. The Platform may contain links to third-party platforms and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
Release. You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads). If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”
Disclaimers
Release. You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads). If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.”
Limitation on Liability
To the maximum extent permitted by law, in no event shall Company (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the Platform, even if Company has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty ($50) U.S. dollars. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of fifty ($50) U.S. dollars. The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to these terms.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Dispute Resolution
Please read the following arbitration agreement carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns, and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties.
Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Platform, the Services offered on the Platform or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of these Terms.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome.
Arbitration Agreement. You agree that any dispute between you and any of the Company Parties relating in any way to the Platform, the Services offered on the Platform or these Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of these Terms.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome.
Applicable law
This agreement and the resolution of any Dispute related to these Terms, our Platform, the Services, or any other Content shall be governed by and construed in accordance with the laws of Florida, without regard to its conflicts of law principles. Any legal action or proceeding between Company and you related to this agreement shall be brought exclusively in a court of competent jurisdiction sitting in Hillsborough County, Florida, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.
The terms and conditions set forth in these Terms shall be binding upon assignees.
These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.
The terms and conditions set forth in these Terms shall be binding upon assignees.
Contact Information:
Thrive25
615 Channelside Dr
Suite 97
Tampa, Florida 33602
Telephone: (925) 318-1015
Email: team@thrive25.com
615 Channelside Dr
Suite 97
Tampa, Florida 33602
Telephone: (925) 318-1015
Email: team@thrive25.com