Thrive Legal Notice
The Operators of this Thrive provide the associated online forum or community, Thrive Community (“Thrive”), as a public service to our users.
Please carefully review these rules that govern your viewing or participation (“use”) in Thrive. Please note that your use of Thrive requires your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, do not use the, provide any materials, or download any materials from Thrive.
The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of Thrive following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use Thrive.
Permitted and Prohibited Uses
You may use Thrive for the sole non-commercial purpose of sharing and exchanging ideas or information with other Users. You are strictly prohibited from use of Thrive to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. The prohibition is without regard to whether the violation was intentional, reckless, or negligent.
You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via Thrive any information the disclosure of which would constitute a violation of any confidentiality obligations you, or you know or suspect others, may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject Thrive's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of Thrive.
You are strictly prohibited from communicating on or through Thrive any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on Thrive, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of Thrive.
The Operators note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
The Operators do not want to receive from you, nor have you disclose, confidential or proprietary information through Thrive. Any material, information, or other communication you transmit or post ("Contributions") to Thrive will be considered non-confidential.
All Contributions to this site are licensed by you to anyone who wishes to use them, including the Operators.
Community or User Discussion Lists and Forums
The Operators may, but are not obligated to, monitor or review any areas on Thrive where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on Thrive at their discretion at any time.
Use of Personally Identifiable Information
You agree to provide true, accurate, current, and complete information when registering with Thrive. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of Thrive.
You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of Thrive, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of Thrive. If you are dissatisfied with Thrive, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using Thrive. The Operators reserve the right to terminate or suspend your access to and use of Thrive, or parts of Thrive, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
Thrive and its content, including contribuitons, and associated materials are provided on an "as is" and "as available" basis. To the full extent permissible by applicable law, the operators disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or non-infringement of intellectual property. The operators make no representations or warranty that Thrive will meet your requirements, or that your use of Thrive will be uninterrupted, timely, secure, or error free; nor do the operators make any representation or warranty as to the results that may be obtained from the use of Thrive. The operators make no representations or warranties of any kind, express or implied, as to the operation of Thrive or the information, content, materials, or products included on Thrive.
In no event shall the operators or any of their agents, vendors or suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use, misuse of or inability to use Thrive, even if the operators have been advised of the possibility of such damages. This disclaimer constitutes an essential part of this agreement. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You understand and agree that any content downloaded or otherwise obtained through the use of Thrive is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or business interruption that results from the download of content. The operators shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in or appearing on Thrive. Your participation in Thrive is solely at your own risk. No advice or information, whether oral or written, obtained by you from the operators or through the operators, their employees, or third parties shall create any warranty not expressly made herein. You acknowledge, by your use of Thrive, that your use of Thrive is at your sole risk.
Liability limitation. Under no circumstances and under no legal or equitable theory, whether in tort, contract, negligence, strict liability or otherwise, shall the operators or any of their agents, vendors or suppliers be liable to user or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use Thrive or for any breach of security associated with the transmission of sensitive information through Thrive or for any information obtained through Thrive, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of the operators has been advised of or should have known of the possibility of such damages.
The operators's total cumulative liability for any and all claims in connection with Thrive will not exceed five U.S. dollars ($5.00). User agrees and acknowledges that the foregoing limitations on liability are an essential basis of the bargain and that the operators would not provide Thrive absent such limitation.
Thrive is hosted in the United States. The Operators make no claims that the Content on Thrive is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access Thrive from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
A User may give notice to the Operators only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the Operators shall specify in writing. Operators’ notice to Users shall be deemed given upon personal delivery, transmission of email, or, if sent by certified mail to the User with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing.
If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators' rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User's use of Thrive must be brought in the courts of Arizona, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of Thrive must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials
Thrive may contain links to sites owned or operated by third parties. Any such links are provided for your convenience and reference only. The Operators of Thrive do not control such sites and are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, association, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on Thrive. If you decide to access any of the third party sites linked to by Thrive, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification of Possible Copyright Infringement
In the event you believe that Contributions, material or content published on Thrive may infringe on your copyright or that of another, please contact us.