Updated: 01/20/2020

Terms and Conditions

*******Read the Entire Terms & Conditions Before Proceeding******* 

By Clicking “I agree to the Terms & Conditions,” You are Agreeing that you have Read the Entire Terms of Service 

 

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 “Terms,” “Terms & Conditions,” “Agreement,” or “Contract.” By entering into these Terms, You acknowledge that You have read, understand, and agree to the entire Terms & Conditions. 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. 

 

AGREEMENT 

This Agreement contains the Terms that govern your access to any Platform and the use of, and the terms and conditions upon which Company will provide to you certain human resource management resources and other related services through our Platforms (collectively, the “Services,” “Platform,” or “Platforms”). This is a binding legal contract between you and the Company, so please read this Agreement and all related information referenced by this Agreement carefully before continuing to use any Platform or registering for and/or using any of the Services. This Agreement is applicable to all persons, organizations, and entities, who or which use or access any Platform or Services, in their entity’s/organization’s capacity or on an individual capacity, including users authorized by the employer to represent the employer, its employees, or other persons using or accessing any Platform or the Services (collectively, “User,” “User’s,” “You,” or “Your,” whether upper- case [capitalized] or lower-case). You are a United States of America resident and an individual of at least 18 years of age. If you are agreeing to this Agreement on behalf of a of any entity – including, but not limited to, a company (for this statement and this statement only, company is referred to as a different entity other than Thriive Beyond, LLC.) , organization, association, or trust, for example, no matter the legal form of the entity ("entity"), you represent and warrant You are at least 18 years old, that you have authority to bind that entity to this Agreement, and your agreement to these Terms will be treated as the agreement of the entity and the entity agrees to be bound by You to the Terms. In that event, “you” and “your” refer to that entity. If you do not agree to these Terms, you may not access or use any Platform. 

 

MODIFICATION OF TERMS & CONDITIONS 

Company reserves the right in its sole and unfettered discretion at any time to modify the Terms from time to time without notice to you and to impose new or additional terms or terms & conditions on your use of Services or any Platform. Company may optionally notify you of any such change by sending an email message to the Administrator email address provided to Company upon Registration by User. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof. Except as posted by Us, including to the Websites or any Platform, the Terms will not be otherwise amended, and no terms will be waived by Us, except in a writing, hand signed by pen on paper by You and an authorized representative of Ours who intends to do so. For purposes specifically of this provision regarding any so-called amendment or waiver of the Terms, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature. For certainty, Your electronic Signature to this Agreement does constitute an electronic signature and it and this is a writing. We are not obligated to provide notice of modifications or amendment to the Terms by way of any method other than the making available or posting of the amended Terms on or through any Company Website(s) or Platform, and doing so without more is deemed and agreed to be sufficient notice of modifications and amendment(s). We may note on the Agreement available at or on or through Websites or Platforms, what the effective date of that version of the Terms is, and You agree that You will keep track Yourself of the effective dates of various versions of the Terms, and that We are not required to point out to You changes from version to version of the Terms. You may copy and paste each version of the Terms into a document for Your own personal retention, and You may use any variety of tools to "compare" various versions of the Terms. You should check these Terms regularly and periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to any Platform. We may include the revised date and effective date of our Terms either at the top, bottom, or within the revised Terms. We encourage you to check our Websites frequently to see the current Terms in effect and any changes that may have been made to the Terms. By using any Platform following any modifications to the Terms, you agree to be bound by such modifications. 

Please also refer to the Company Privacy Policy, and any other terms accepted when Registering with Company, each of which are/is incorporated herein by reference. We are not governed by HIPAA (the Health Insurance Portability and Accountability Act); therefore, although we do protect data as described elsewhere, if You are governed by HIPAA we urge You to govern yourself accordingly. If HIPAA applies to You You will not disclose to Company or store with Company protected health information or personally identifiable health information (PHI). 

 

USE OF SERVICES / PLATFORMS 
Company’s service Platforms are registered or licensed and provided to you subject to the terms and conditions, and your covenants, warranties and representations, set forth in this Agreement, and in any acknowledgment for specific Services / Platform(s). You agree that all information submitted or communicated by you to any Company Platform is and will be true and correct. You agree that any Platform you access constitutes confidential, proprietary, intellectual property of Company, that this registration/license is revocable by Company at any time, and that you will not modify, reverse engineer, decompile or disassemble, or otherwise tamper with any Platform or create any derivative works or otherwise incorporate any Platform in other programs, without Company’s prior written consent. Any feedback, including modifications to any documents, you provide will become Company information and Company will have the royalty-free right to use and share the feedback and to create and use derivative works based on the feedback. 

The Company provides you with access to and use of any Platform subject to your compliance with the Terms. No material from any Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed by the Terms. 

You grant us a non-exclusive, royalty-free license to use any feedback, content, or modification, you post on any Platform, or provide to Company, for any purpose, subject to the express terms of this Agreement. 

 

REGISTRATION

 

To subscribe (opt-in) to any of the Services, you must register for a Company account from our Platform (“Registration”). Company reserves the right to change account information that may be legitimately considered misleading, or false. You agree that Company may, without prior notice, immediately terminate, limit your access to, or suspend your account and access to any Platform or Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (a) breach or violation of the Terms or other incorporated agreements or guidelines, (b) a request by law enforcement or other government agency, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) nonpayment of any fees owed by you in connection with the Services or your use or access to any Platform, and/or (h) participation by you in any way in any equitable or legal action or claim against the Company. Further, you agree that all terminations, limitations of access and suspensions, for cause or otherwise, may be made at Company’s sole and unfettered discretion, and that Company shall not be liable to you or any third-party for any termination of your account or access to the Services or any Platform. Termination of your account may include, at Company 's sole and unfettered discretion, any or all of the following: (a) removal of access to all or part of the offerings within the Services or any Platform, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services or any Platform. Termination or suspension will terminate your access to any information of documents stored or maintained on any Platform. You may terminate your Company account and terminate access to the Services and any information and documents by contacting info@thriivebeyond.com . 

 

SERVICES

 

After Registration has been completed, Company will provide you Services and access to and use of the Platforms for the purpose of uploading your documents, downloading documents in your folder and communication between you and the company.  Depending on the type of Services you request and Company agrees to provide, Company may require you to agree to additional terms & conditions and complete and sign additional forms or authorizations that Company provides to you, as required by law, or otherwise required by Company in its sole and unfettered discretion to provide the Services and access to and use of any Platform. You give Company permission to obtain, verify, and record information that identifies the individual who opens an account by Registration, or accesses the Services or any Platform. Company may ask for your legal name, email address, and other information that may allow us to identify you. Company may, at its sole and unfettered discretion, decline to offer the Services to you for any reason at any time, including in the event that the Registration enrollment process is not satisfactorily completed, Company is unable to verify the legitimacy of your business and/or your principals and/or for other lawful business reasons. The Services and access to and use of any Platforms provided will be based on and is dependent upon information provided to Company by User. In performing or providing the Services and access to and use of any Platforms, you acknowledge and agree that Company is not acting in a fiduciary or lawyer capacity for you and/or your business and using the Services does not relieve you of your obligations under federal, state, municipal, or local laws or regulations to have and retain records relating to employees and data about your business and employees contained in Company’s files. 

 

TERMINATION OF SERVICES

 

We reserve the right, for any reason, in our sole and unfettered discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Services or any Platform, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features, and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of any Platform or restrict your access to part, or all, of any Platform without notice, damages, claims, or penalty. We have the right to change these Terms, rules and/or limitations at any time, in our sole and unfettered discretion. 

 

PROHIBITED USES OF SERVICES

 

Each Platform may be used only for lawful purposes by individuals using authorized Services of the Company. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through any Platform or your providing same to Company. The Company specifically prohibits any of the following uses of each Platform, and all Users agree not to use any Platform for any of the following: 

·         Use the Services or any Platform other than as authorized in this Agreement; 

·         Use any device, software, or routine that interferes with any application, function, or use of the Services or any Platform, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; 

·         Resell, sublicense, time-share, or otherwise share the Services or any Platform with any third party; 

·         Frame or mirror the Services or any Platform; 

·         Decompile, disassemble or reverse-engineer the underlying software or application that is part of the Services or any Platform or otherwise attempt to derive its source code; 

·         Use the Services or any Platform either directly or indirectly to support any activity that is illegal, improper, unethical, or immoral; 

·         Access or scrape the Services or any Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; 

·         Authorize any third parties to do any of the above; 

·         Posting or providing any content or information which is incomplete, false, inaccurate or not your own; 

·         Impersonating another person or entity; 

·         Constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, local, city, state, national or international law or regulation or which fails to comply with accepted Internet protocol; 

·         Posting or providing material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post or provide it to Company; 

·         Posting or providing material that reveals trade secrets, unless you own them or have the permission of the owner; 

·         Posting or providing material that infringes on any other intellectual property, privacy or publicity right of another; 

·         Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; 

·         Attempting to interfere in any way with any Platform’s or the Company’s networks or network security, or attempting to use the Services or any Platform to gain unauthorized access to any other computer system. 

·         Such usage may result in Users being subjected to additional criminal or civil liability, depending on jurisdiction. 

 

LIMITATIONS OF USAGE

 

Company provides the Services on a limited basis that permits reasonable usage of the Services by you. Company may choose at any time to modify and/or enforce such limitations at its sole and unfettered discretion. Reasonable usage may be defined as the average reasonable User usage levels of any Services or features, the usage limits explicitly communicated at or after the time of purchase/Registration, or Company’s own determined levels of usage. Company reserves the right in its sole and unfettered discretion to terminate any Services, change packaging and pricing, or otherwise take any action as necessary to prevent customer abuse and/or inappropriate or unauthorized use of Services. You acknowledge that Company has the right to log off accounts that are inactive for an extended period of time, as well as to remove or delete all communications, documents, and information associated with those accounts. Company considers any account to be inactive if it does not have a record of at least one the following activities within a 180-day period: (a) a customer login and/or active session for that account or (b) a payment to the account. 

 

USER ACCOUNTS / ADMINISTRATOR ACCOUNTS 

 

You will designate and authorize either yourself and/or one or more individual Users of the Service with authority to act on your behalf and to bind you and/or your business (each a “User”), who may access the Services by entering a confidential user ID and password created by following the instructions provided via any Platform and which will entitle them, depending on their designation and permissions given, to have authority to access, review, and/or modify on your behalf. You will, and will cause your authorized Users to, take reasonable steps to maintain the confidentiality of the authorization procedures and the user IDs and passwords and related instructions provided by Company, and in accordance with Company’s Privacy Policy. If you believe or suspect that any such user IDs and passwords or related instructions have been known or accessed by unauthorized persons, you will immediately notify Company in a manner affording Company a reasonable opportunity to act on the information, and you acknowledge that failure to immediately notify Company could result in unauthorized access to confidential information concerning you and your employees. Company reserves the right to prevent access to the Service should Company have reason to believe the confidentiality of the security procedure or the confidentiality of the user IDs and passwords may have been compromised. You are responsible for any actions taken on any Platform by your User and/or any other authorized Users, and for any transactions resulting from your failure to maintain the confidentiality of your account.  

 

PAYMENT

 

Except as prohibited by law, Company may assess interest or late charges if you do not pay on time. You must pay these late charges when billed by the Company for them. Company may use a third-party to collect past due amounts. You must pay for all reasonable costs Company incurs to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. Company may suspend or cancel your Services if you fail to pay all charges in full, on time. 

 

SUBSCRIPTION OF CANCELLATION

 

Subscriptions to any Services can be cancelled at any time, however, such cancellation will be effective at the end of the User’s current subscription period. Company does not provide refunds except if within the prescribed contract of such service. Cancellation requests must be received via email at info@thriivebeyond.com . 

 

ADDITIONAL DISCLAIMER OF WARRANTIES AND PROMISSORY ESTOPPEL 

 

COMPANY, FOR ITSELF AND ITS LICENESSES, AND THIRD PARTY LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH YOUR ACCESSING OR USING THE SITE, ANY PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY SITE, PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH SITE, PLATFORM, PROGRAM, OR SERVICE, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH SITE, PROGRAM, PLATFORM, OR SERVICE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT WILL COMPANY (OR ITS LICENSEES, AGENTS, OFFICERS, OR ATTORNEYS) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR COMPUTER, YOUR BROWSERS, PROGRAM, ANY, SITES, PLATFORM, OR SERVICE (OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE, OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER [ALTHOUGH WE TRY TO PROTECT AGAINST THAT]. REGARDLESS OF SUPPOSED OR ACTUAL REPRESENTATIONS MADE TO YOU ORALLY OR IN WRITING BY COMPANY OR ANY OTHER PERSON OR ENTITY CONCERNING ACTIONS COMPANY OR ANY OTHER PERSON OR ENTITY MAY OR WILL TAKE, OR MAY NOT OR WILL NOT TAKE, YOU MAY NOT AND WILL NOT RELY UPON SAME, AND WILL NOT BRING OR PARTICIPATE IN ANY ACTION OR CLAIMS REGARDING SAME, AND YOU WAIVE ALL RIGHTS AND CLAIMS INCLUDING FOR BREACH OR PROMISSORY ESTOPPEL, UNDER LAW AND EQUITY. 

 

LIMITATION OF LIABILITY 

 

WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF PROGRAMS, SERVICES, SITES, PLATFORM, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY SITES, PROGRAM, PLATFORM, OR SERVICE TO OPERATE, FOR ANY ERRORS OR MISTAKES IN OR IN CONNECTION WITH ANY PROGRAM, SITE, PLATFORM, SERVICE, OR ANY REFERENCE SITE / PROGRAM OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY OF SAME. WE MAY INTERRUPT ANY SITE, PROGRAM, PLATFORM, OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY VULNERABILITIES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT OR ARBITRATION ACTION OR LEGAL OR EQUITABLE DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF WE KNOW OR HAVE BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR GROSS AND REGULAR NEGLIGENCE. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PROGRAM, PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITE / PROGRAM OR OTHERWISE BY THIRD PARTIES OTHER THAN US AND RECEIVED THROUGH OR ADVERTISED ON ANY SITE, PROGRAM, PLATFORM, SERVICE, OR RECEIVED THROUGH ANY REFERENCE SITE / PROGRAM. THE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR US THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THIS TERMS. THIS TERMS DOES NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, AND SUCH RIGHTS ARE EXPRESSLY DISCLAIMED. 

 

LIMITATION OF DAMAGES 

 

IN NO EVENT WILL OUR (COMPANY AND ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', ATTORNEYS', OR THIRD-PARTY PARTNERS', LICENSEES, LICENSORS', OR SUPPLIERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS TERMS, OR YOUR ACCESSING OR USING THE SITE, PROGRAM, PLATFORM, SERVICE, OR REFERENCE SITE / PROGRAM, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING ANY PROGRAM, SITE,PLATFORM, OR SERVICE, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR TWENTY-FIVE DOLLARS ($25.00), WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR GROSS AND REGULAR NEGLIGENCE. THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY USE OF ANY SITE, PLATFORM, CONTENT, PROGRAM, PRODUCTS OR SERVICES LICENSED, SOLD, OR PROVIDED ON ANY PLATFORM, REFERENCE SITE / PROGRAM OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY SITE, PROGRAM, PLATFORM, SERVICE, OR CONTENT, OR RECEIVED THROUGH ANY REFERENCE SITE / PROGRAM. 

 

BASIS OF THE BARGAIN 

 

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED TO ALLOW YOU TO ACCESS AND USE THE SITES, PLATFORMS, AND SERVICES, SET OUR PRICES AND OTHER CONSIDERATION, AND ENTERED INTO THIS TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AMONG OTHER THINGS, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, AMONG OTHER THINGS, FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE ANY SITE, PLATFORM, SERVICE, OR PROGRAM, TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. 

 

YOUR REMEDIES 

 

YOUR ONLY REMEDY with respect to any breach by Us of any term in this Terms, Our Privacy Policy, violation of any right or law, or dissatisfaction with anything in connection with this Agreement, including (i) any Sites, Program, Platform, Service, Reference Sites / Program, Compiler, licenses, licensor or Third Party Vendor, (ii) any term of this Terms, (iii) any policy or practice of Company, or any Reference Sites / Program, Compiler, licenses, licensor or Third Party Vendor in operating any Sites, Program, Platform, or Service, is terminate Your account and discontinue accessing or using any and all of the foregoing (including any Program, Sites, Platform, Service, Reference Site / Program, or Third Party Vendor). 

 

LOCAL LAWS 

 

Company operates from its headquarters in Georgia, United States, and a Program, Site, Platform, or Service may not be appropriate or available for use in other locations. If You access or use any Program, Site, Platform, or Service outside the United States of America, You are responsible for following applicable local laws, regulations, directives, etc. 

 

INDEMNIFICATION, DEFENSE & RELEASE 

 

You agree to indemnify, defend, save, and hold harmless Company, its parent and affiliated companies, its subsidiaries, affiliates, contractors, employees, officers, principals, directors, licensees, licensors, attorneys, agents, assigns, grantees, successors, and their suppliers, licensees, licensors, and partners, (collectively “Releasees”), from any claims, causes of action, losses, damages, liabilities, including legal fees and expenses, arising out of this Agreement, including Your accessing or using any Platform or Service, Your use or misuse of any Program or Company Sites, Platform, Service, any violation by You of any term of this Terms, or any breach of any of the representations, warranties, promises, or covenants made by You herein. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless Company, and You agree to cooperate with Company's defense of these claims. Company will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. Users and Third Party Business Partners are responsible for their acts and omissions and anything placed on or made available through any Company Platform. In the event that You have a dispute with or claim against one or more Users or Third Party Business Partners, You release Company (and, as usual, our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, licensees, licensors, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also hereby release, discharge and hold harmless the Releasees from and against any and all claims, whether at law or in equity, that You may have at any time (whether or not You are aware of any such claims), including claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal or state laws arising from this Agreement, including Your accessing or using any Platform or Service (collectively, the “Released Claims”). The Released Claims include any claim relating to, arising from or in connection with any use, exploitation or exercise of any right(s) granted hereunder. You acknowledge that You may hereafter discover claims in addition to the ones released in this agreement, and You hereby expressly release Releasees from any such unknown and/or unsuspected claims and Released Claims. You acknowledge that, in the event of a breach of this agreement by COMPANY or any third party, the damage, if any, caused to You thereby will not be irreparable or otherwise sufficient to entitle You to seek or obtain injunctive or other equitable relief. You acknowledge that Your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and You will not have the right to enjoin Company, nor to revoke or otherwise impair any of the rights granted to COMPANY herein. 

 

CLAIMS / TIME LIMITATION 

 

YOU AND WE AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ACCESSING OR USING ANY PLATFORM OR SERVICE, THE TERMS, EXCEPT FOR OUR RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. 

ARBITRATION AGREEMENT; CLASS & CONSOLIDATION WAIVER; WAIVER OF TRIAL BY JURY. 

 

APPLICABLE LAW 

 

This Terms and any additional terms referenced in this Terms, including the Privacy Policy, and the relationship and agreement between You and Company (including any claim or dispute that has arisen or may arise between You and Company), except to the extent inconsistent with or preempted by United States federal law (including that The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement), are and will be governed by the laws of the State of Georgia, U.S.A. without regard to principles of conflict of laws, and without giving effect to any principles that may provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Platforms or Services. 

 

VENUE/JURISDICTION 

 

You agree to submit to the personal jurisdiction of the state courts and federal courts located within Liberty County, Georgia, U.S.A. for the purpose of arbitrating, (or litigating, if later agreed and allowed,) all claims or disputes arising from or related to this Terms, or any additional terms referenced in this Terms, including the Privacy Policy. 

 

ARBITRATION AND CLASS ACTION AND JURY WAIVER NOTICE PARTIAL SUMMARY 

 

YOU AGREE THAT EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT, DISPUTES BETWEEN YOU AND THRIIVE BEYOND, LLC. WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS- ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, CONSOLIDATION, COURT PROCEEDING, OR JURY TRIAL, ALL AS SET FORTH IN THE IMPORTANT ARBITRATION AGREEMENT. 

YOU AGREE TO CONTACT US AT info@thriivebeyond.com FOR DETAILS CONCERNING ARBITRATION. 

 

CONTROL OF YOUR LOGIN PASSWORD – FOR CUSTOMERS 

 

Except as specifically permitted by this section, you may not disclose your password to access Company’s service Platforms to any third party or share it with any third party. If you lose control of your password, you may lose substantial control over personally identifiable information about you and may be subject to the consequences of actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password and notify us that you believe your password has been compromised. You may, however, disclose your password to certain third parties with whom we have entered into specific contractual and technical arrangements designed to safeguard your password ("Authorized Password Users"), in order to enjoy the benefits of those third parties' services in relation to our services. 

 

MINORS 

 

Company Platforms are not intended for use by children, especially those under age 16. No one under age 16 is allowed to use the Platforms, provide any personal information, or receive our email distributions. Minors between the ages of 16 and 17 must have explicit permission of a parent or legal guardian in order to use the Platforms, provide any personal information, or receive our email distributions. 

 

OTHER IMPORTANT TERMS 

Please refer to our Privacy Policy for more information on the manner in which Company collects, uses, discloses and otherwise treats your personal information.  

 

© 2020 by Thriive Beyond, LLC. | All Rights Reserved