Updated: 01/20/2020

Privacy Policy

*******Read the Entire Privacy Policy Before Proceeding*******

By Clicking “I agree to the Privacy Policy,” You are Agreeing that you have Read the Entire Privacy Policy

 

The following names and/or references will and shall be used herein after, “Company,” “Us,” “We,” “Our” refers to “Thriive Beyond, LLC.” And/Or Thriive Beyond. “Visitor,” “Subscriber,” “Customer,” “User,” “User’s,” “You,” “Your”, “You’re” refers to the individual clicking “I agree to the Terms & Conditions”. Alphabet and/or letter case sensitivity does not matter.

 

This legal and binding contract is referred to as “Privacy Policy,” “Terms,” “Terms and Conditions” “Agreement,” or “Contract.” By entering into these Terms, You acknowledge that You have read, understand, and agree to the entire Privacy Policy. The Terms apply to your access to and use of thriivebeyond.com and to company websites (desktop and mobile) (“Website(s),” or “Site(s)”), applications, apps, and all means of written and oral communications, including emails, chats, instant messengering, and the like, and voice communications (referred to herein individually and collectively, including Websites or Sites, as “Platforms ” or “Platform”). These Platforms and company are owned and/or operated by or for company, and/or one or more of its subsidiaries (“Company,” “Us,” “We,” “Our”). Your accessing or using any Services or Platform is Your agreement and is deemed to be your agreement that you have the ability to and consent to enter into contractual agreements electronically. You acknowledge that you’re accessing or using Services or Platforms, including whether or not you click the “I agree to the Terms & Conditions,” CONSTITUTES YOUR WRITTEN AGREEMENT AND ELECTRONIC SIGNATURE AND YOUR INTENT TO BE CONTRACTUALLY AND LEGALLY BOUND BY AND TO THE TERMS HEREIN.

 

 

 

 

PRIVACY POLICY

 

Your accessing or using the Site or use of any of the Platforms or Services is governed by Our privacy policy (the "Privacy Policy"), which is available here. Please read the Privacy Policy carefully, including for information relating to collection, use, and disclosure of Your personal information. Notwithstanding anything to the contrary in the Privacy Policy, We, Our affiliates, or agents, may contact You, including by telephone or email (if You provide us with such information), including after this Terms (the Terms) expires or is terminated, and Your agreement to the Terms constitutes Your request that We contact and communicate with You, including by traditional mail, private courier, telephone (land and mobile), email, texts, through social media including (but not limited to) Facebook, Twitter, Google+, YouTube, Vimeo, and various blogs. We may report to law enforcement authorities any actions that We may believe in our sole and unfettered discretion may be illegal, and any reports We receive of such conduct. When we believe we are legally required to do so or at Our sole and unfettered discretion, We may cooperate with law enforcement agencies, regulators, or parties to a civil action in any investigation or requests for information, including of alleged illegal activity, and may disclose information that We have about You.  Some or all of our business affiliates or partners may have their own terms and privacy policies, and You agree with and to those in connection with those business affiliates or partners, however, in relation to Us only if there is any conflict between Our Privacy Policy which would give You greater rights the provisions of this Terms and Our Privacy Policy will govern.

 

Company prohibits the sending of unsolicited email or text messages (spam) or other communications that violate applicable privacy and anti-spam legislation. Spam is defined for this purpose as sending any message that encourages participation in a commercial activity or multiple messages similar in content to any person(s), entity(ies), newsgroup(s), forum(s), email list(s), or other group(s), individual(s) or list(s) unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient in accordance with the requirements under applicable law. Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with Company, and/or any products and Services. Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise. IF YOU OR ANYONE YOU KNOW IS “SPAMMED” BY SOMEONE IN RELATION TO COMPANY’S SERVICES, PLEASE CONTACT US PROMPTLY VIA THE CONTACT MECHANISM MADE AVAILABLE VIA ANY PLATFORM SO THAT WE MAY TAKE APPROPRIATE ACTION.

 

To the extent permitted by applicable by law, this Agreement will be governed by and interpreted in accordance with the laws of the State of Georgia, except pursuant to the Arbitration Agreement the Arbitration Agreement is governed by the Federal Arbitration Act.

 

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.

 

If a court finds part of these Terms illegal, the rest will continue in force. Each of the Sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Sections will remain in full force and effect.

 

We may transfer these Terms to someone else. We may transfer our rights and obligations under these Terms to another organization – for example, this could include another member of our group of companies or someone who buys our business. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

 

ELECTRONIC TRANSMISSION

 

This Agreement, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either (i) the use of electronic means to deliver a signature or to indicate acceptance of this Agreement or (ii) the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.

 

GOVERNING LANGUAGE

 

The Terms are in the American English language. For all purposes, this American English language version of this Agreement shall be the original, governing instrument and understanding of the parties. In the event of any conflict between this American English language version of the Agreement and any subsequent translation into any other language, including by an automated translation app, extension, or service, this American English language version shall govern and control.

 

LEGAL DISCLAIMER

 

Company’s Services and Platforms contain, provide, and impart, a great deal of content, instruction, and communications, regarding human resource matters. The content, instruction, and communications, have been prepared and is/are provided for educational and informational purposes only without representation or warranty of any kind, does not constitute or provide attorney or legal advice, attorney or legal counsel, or attorney or legal opinions on any matters, is/are not a substitute or alternative for your judgment or attorney legal advice, or other professional advice with attorneys, lawyers, or other professional advisors. None of our representatives, employees, directors, advisors, independent contractors, etc., are lawyers (except for our lawyers providing legal advice to us), and no legal advice is or will be provided You by Company, and no legal advice will be provided You by Company or anyone employed by or associated with Company. If we suggest any attorneys or law firms to You, or there are any attorney or law firm advertisements or the like on any of our Platforms, it is Your sole responsibility to determine whether You wish to hire, engage, or retain any of them. This is Your own choice. Company has no responsibility for any attorney or law firm or other professional You retain, engage, or employ. Company does not replace or substitute for any financial, tax, legal, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. Transmission of information over the internet or any Platform is not intended to create, and receipt does not constitute, a lawyer-client relationship between Company and you. You should not act or refrain from acting on any legal matter based on any content, instruction, or communications, through any Platform without seeking professional counsel, such as from a licensed lawyer. WE ARE NOT A LAW FIRM OR A SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. WE CANNOT AND DO NOT PROVIDE ANY KIND OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OR USE OF FORMS, DOCUMENTS, OR STRATEGIES. YOUR RELIANCE UPON CONTENT, INSTRUCTION, AND COMMUNICATIONS, OBTAINED BY YOU ON OR THROUGH THE PLATFORMS IS SOLELY AT YOUR OWN RISK.

 

INTELLECTUAL PROPERTY RIGHTS

 

The content of the Platforms is protected by U.S. and International copyright laws, federal and states trademark laws and other intellectual property laws and conventions. Nothing contained in these Platforms will be construed as granting any license or right to use the protected materials without the express written consent of Company. By accessing or otherwise using the Platforms , you are indicating your acceptance of, and agreement to abide by, these terms of use, the applicable privacy policies and all applicable international federal, state and local laws and regulations. Any feedback, comments, and suggestions you may provide for improvements to the Service (“Feedback”) is given entirely voluntary and Company will be free to use, disclose, reproduce, license or otherwise distribute, and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind.

 

COMMUNICATIONS

 

When You use any Company Platform or Services, accessing or using any Platform or Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with You by e-mail, text, short message system (SMS), chat, voice, telephone, mobile phone, social media service (such as Twitter, or Facebook), or by posting notices on this Site or through any other Company Platform or Services. You may be charged by your mobile cell phone carrier for texts and SMS. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.

 

RECORDING CALLS

 

You understand and agree that Company may, without further notice or warning and in our discretion, monitor or record telephone conversations You or anyone acting on Your behalf has with Company or its agents for quality control and training purposes or for its own protection, including to use as evidence. You acknowledge and understand that, while Your communications with Company may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Company, and Company does not guarantee and disclaims that recordings of any particular telephone calls will be retained or retrievable.

 

OTHER INFORMATION

 

Notices. Except as explicitly stated otherwise: any notices given by You must be given to Our postal address or to Our registered agent for service of process, as stated. Notices and communications by You to Company must be in plain text (not HTML), must not contain pixels, cookies, or any other tracking mechanism or code, must not contain images, must not refer us to any other site or destination by link, and must not contain attachments. We will not: view or read communications that are not in plain text; view images; go to any linked site; or open any attachments. If you send us any electronic communications and we do not manually reply acknowledging receipt of the communication you may not rely upon any assumption that we received such communication, including if you receive an automated “delivered” notice, or an auto- response. Except as explicitly stated otherwise: Notices to You by Us will be deemed given the earlier of upon posting to our Platform or 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during any registration process. In such case, notice will be deemed given 3 days after the date of mailing. You agree that notice posted on any Company Platform is deemed given upon the initial posting, even if there is also notice given in any other way. When You visit any Platform or send Us e-mails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We may communicate with You by e-mail, or by posting notices any Platform. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

 

Waivers. A party's failure to enforce any provision of this Terms will not be a waiver of the provision or the right to enforce it at a later time. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms.

 

Entire Agreement. This Terms sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes all prior negotiations, understandings and agreements, whether written or oral, and will not be modified except in writing, signed by both parties by hand, or by a change to this Terms made by Us as set forth herein. You agree that You are not entering into this Terms in reliance on any statements or representations other than those set forth herein. If any provision of this Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced.

 

Assignment. This Terms is not assignable, transferable or sublicensable by You without Our prior written consent, which may be withheld in our sole and unfettered discretion, and otherwise any such conveyance will be null and void. We may assign this Agreement in Our sole and unfettered discretion.

 

Headings and Interpretation. Should any term or condition be in conflict between this Terms and any document incorporated by reference into this Terms, the terms of this Terms will control. The use of headings is for convenience and will not affect the interpretation of this Agreement, and do not constitute a part of this Terms, and will not be deemed to limit or affect any of the provisions hereof. When the context requires, the plural shall include the singular and the singular the plural, and any gender shall include all other genders. When the context requires, "including," "e.g.," "for example," and "such as," mean "including, but not limited to, or “including, without limitation.” " Just because we may not use such words as "represent," "warrant," "covenant," "obligated," or "prohibited," in relation to a provision or section applicable to You, whereas we might use any such words elsewhere, the absence does not mean the word is not implied. When we say "the Terms," or " this Terms," we mean each and every term, clause, section, subsection, provision and word of this Terms, not most or some. We don’t need to say You "understand," "acknowledge," or "agree," including to emphasize, point out, or drive a point home, because that is what You are doing in agreeing to this Terms and contracting with us. No provision of this Terms is to be interpreted or strictly construed against Us because We were the drafter. This is not a contract of adhesion.

 

RESERVATION OF RIGHTS: Company reserves all rights not expressly granted in this Terms.

 

PREVENTION OF UNAUTHORIZED USE: Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of any Site, Platform, or Service, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use. Company reserves the right to monitor Your use of any Site, Platform, or Service, to ensure compliance with this Terms. If Company, or its affiliates, or assignees, in their sole and unfettered discretion, determine that You are not in compliance with this Terms, Company reserves the right to take such action deemed necessary to resolve this issue.

 

QUESTIONS OR COMMENTS: If You have questions or comments, please send us a plain text note at info@thriivebeyond.com  without any attachments. We do not assure we will reply.

 

COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument, respectively.

 

TRUTH: You declare under penalty of perjury under the laws of the State of Georgia and of the United States that all statements made, and information provided, by You in connection with this Agreement are true and correct, that the name you provide is Your legal name, and that Your signature is Your legal signature.

 

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