Terms of Use

 

LAST REVISED: 23 AUG 2021

These Terms of Use (“Terms”) apply to any and all Participants who use and interact with any and all Products from Thrive Digital, LLC (“Thrive” or “We”). These terms are legally binding between you and Thrive. 

Thrive’s Products collect, quantify, and analyze personal- or user-reported data through structured survey instruments and SMS messaging. Thrive’s software platform is provided by our technology partner, Commonly Well, PBC and its Business Associates (“Platform”) but also made available through API integrations, as may be necessary.

Participants are individuals who enroll and engage in Thrive courses or immersions and communicate through the Platform. 

PRIVACY

Thrive collects and process information provided by and about you. All details about how we use, share, protect, and steward your personal information are found in our Privacy Policy.

CONSENT & ELIGIBILITY

We believe that any personal data collected must be done voluntarily.

As a Participant, you agree to provide your consent, either written or verbal, to Thrive prior to engaging in our services. 

Participants have the right to deny or revoke consent of the disclosure of your substance use disorder information, if obtained through you by Thrive at any time. 

Thrive does not provide its Products or Services to Participants younger than 18 years old.

OWNERSHIP & COPYRIGHT

Thrive reserves ownership, copyright, and all other rights to materials and processes not otherwise identified.

RESTRICTIONS

Thrive reserves all of its rights, title and interest with regard to the Products and/or Services, including all of its related intellectual property rights. No rights or licenses in any intellectual property are granted to you other than to engage in the Products for its defined purposes only and in accordance with any guidelines included in the Product, other terms, and agreements.

You agree therefore that you will not yourself, or through any other third party:

  1. Sell, assign, lease, license, sublicense, encumber or otherwise exploit (any part of) the Products and other materials offered to you;

  2. De-compile, disassemble, or reverse engineer (any part of) the Platform or Materials, or engage in any other activity in order to obtain underlying information that is not visible to the user in connection with a normal use of the Products;

  3. Use the Product for anything other than the purposes defined for Participants;

  4. Provide, disclose, divulge or make available to, or permit use of the Product by and to any third party without Thrive’s prior written consent.

WARRANTIES & LIMITATION OF LIABILITY

THRIVE PROVIDES ACCESS TO THE PLATFORM AND MATERIALS ON AN "AS IS" BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THRIVE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. FOR EXAMPLE, THRIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE (EVEN IF THRIVE KNOWS OF SUCH PURPOSE), TITLE, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRIVE AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY: (A) AS TO THE ACCURACY, COMPLETENESS, CURRENCY, LEGALITY, USEFULNESS, OR RELIABILITY OF ANY DATA OR RESULTS AVAILABLE THROUGH THE PLATFORM, OR ANY SERVICES HEREUNDER, OR (B) THAT THE USE OF THE PRODUCTS AND/OR PLATFORM, OR ANY SERVICES HEREUNDER WILL BE UNINTERRUPTED, TIMELY, COMPLETE, OR ERROR-FREE.

YOU ACKNOWLEDGE AND AGREE THAT THRIVE IS NOT LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, IN CONNECTION WITH THESE TERMS. In no event will Thrive’s licensors, suppliers, or partners have any liability to you for any damages (whether direct or indirect, consequential or otherwise) arising from or related to these Terms, and you agrees not to assert any claim against Commonly’s licensors, suppliers, or partners in connection with these Terms.

DISPUTE RESOLUTION

These Terms shall be governed and interpreted according to the laws of the State of Ohio, without giving effect to any provisions thereof that would require the application of the law of a different state. Any dispute concerning these Terms that cannot be resolved by informal negotiation shall be submitted to non-binding mediation in the State of Ohio. Within 20 days after either party refers a dispute to mediation, the parties shall agree upon an impartial mediator experienced in commercial transactions, and upon a procedure and schedule for (a) exchange of information related to the dispute, and (b) conducting the mediation. All conduct and statements made by any participant in the course of the mediation are confidential, privileged and inadmissible for any purpose, including impeachment, in any other proceeding between the parties, unless such evidence is otherwise admissible or discoverable. If a mediation fails or if any party so chooses, a proceeding may be brought solely and exclusively in the appropriate state or federal court located in the State of Ohio. Each of the parties consents to the jurisdiction of such courts and waives any objection to jurisdiction or venue laid therein.

FEEDBACK

If you communicate to Thrive any comments, questions, suggestions, or the like relating to our Products (”feedback”), Thrive is free to use such feedback, including any intellectual property rights contained in the feedback, for any purpose whatsoever, without any attribution or compensation to any party. You have no obligation to provide any feedback to Thrive.

MODIFICATION

We reserve the right to make any changes to these Terms or to any part of the Products, upon sufficient notice to you under these Terms. If you reject any such changes, you may discontinue your use of the Products at any time. Your continued use of the Products and related Services following any such change constitutes your acceptance of and agreement with such change.

CONTACT INFORMATION

Email Address:
vip.thriveplus@gmail.com