Terms and Conditions

Effective Date: January 1, 2024

Last Updated: January 1, 2024

1. Agreement to Terms

Welcome to Thrive Health Collective ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Site") and any related services provided by us.

By accessing or using our Site, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Site.

2. Definitions

For purposes of these Terms:

  • "Service" refers to the website, content, and health and wellness information provided by Thrive Health Collective.
  • "User," "you," or "your" refers to the individual accessing or using the Service.
  • "Content" refers to all text, images, videos, and other materials available on the Site.
  • "Health Information" refers to wellness advice, nutritional guidance, and general health content provided on the Site.

3. Medical Disclaimer

IMPORTANT: The information provided on this Site is for educational and informational purposes only and is not intended as medical advice, diagnosis, or treatment.

The content on Thrive Health Collective should not replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.

If you think you may have a medical emergency, call your doctor or emergency services immediately.

4. Use of Service

4.1 Eligibility

You must be at least 18 years of age to use this Site. By using the Site, you represent and warrant that you are at least 18 years old.

4.2 User Account

To access certain features of the Site, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account

4.3 Acceptable Use

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site

5. Prohibited Uses

In addition to the restrictions outlined above, you may not use the Site:

  • To engage in any automated use of the system, such as using scripts to send comments or messages
  • To interfere with, disrupt, or create an undue burden on the Site or networks connected to the Site
  • To attempt to impersonate another user or person or use the username of another user
  • To sell or otherwise transfer your profile or account
  • To use any information obtained from the Site to harass, abuse, or harm another person
  • To decrypt, decompile, disassemble, or reverse engineer any of the software comprising the Site
  • To upload or transmit viruses or any other type of malicious code
  • To collect or track the personal information of others
  • To spam, phish, pharm, pretext, spider, crawl, or scrape
  • For any obscene or immoral purpose

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Thrive Health Collective, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial use.

6.3 Restrictions

You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as generally and ordinarily permitted through the Site according to these Terms
  • Remove or modify any copyright, trademark, or other proprietary rights notices
  • Use the Site or any content for any commercial purpose without our express written consent

6.4 Trademarks

The Thrive Health Collective name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without our prior written permission.

7. User Contributions

7.1 User Content

The Site may contain features that allow you to post, submit, publish, display, or transmit content, including but not limited to text, writings, photographs, graphics, comments, suggestions, or personal information ("User Contributions").

7.2 License Grant

By posting User Contributions, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

7.3 User Contribution Standards

You represent and warrant that your User Contributions:

  • Are accurate and not misleading
  • Do not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary rights
  • Do not contain defamatory, obscene, or offensive material
  • Do not contain any material that solicits personal information from anyone under 18
  • Comply with all applicable laws and regulations

8. Third-Party Links and Content

The Site may contain links to third-party websites or services that are not owned or controlled by Thrive Health Collective. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

9. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THRIVE HEALTH COLLECTIVE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.

10. Disclaimer of Warranties

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY THRIVE HEALTH COLLECTIVE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

THRIVE HEALTH COLLECTIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THRIVE HEALTH COLLECTIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Thrive Health Collective, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Site
  • Your violation of any rights of another
  • Your User Contributions

12. Termination

12.1 Termination by Us

We may terminate or suspend your account and access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease.

12.2 Termination by You

You may terminate your account at any time by contacting us or using the account termination features available on the Site.

12.3 Effect of Termination

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or related to these Terms or their subject matter shall be governed by and construed in accordance with the internal laws of the United States and the State in which Thrive Health Collective is principally located, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts located in the applicable jurisdiction. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Dispute Resolution

14.1 Informal Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, you and Thrive Health Collective agree to first attempt to negotiate any dispute informally for at least 30 days before initiating any arbitration or court proceeding.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Site will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in the English language and shall take place in the jurisdiction where Thrive Health Collective is principally located.

14.3 Class Action Waiver

You and Thrive Health Collective agree that any proceedings to resolve disputes will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14.4 Exceptions

Notwithstanding the above, either party may bring a lawsuit in court if the dispute is related to intellectual property rights or seeks injunctive relief.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by posting the new Terms on the Site and updating the "Last Updated" date at the top of these Terms.

Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page regularly so you are aware of any changes.

16. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

17. Electronic Communications

By using the Site, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Thrive Health Collective concerning your use of the Site and supersede all prior agreements and understandings with respect to the same.

19. Waiver and Severability

19.1 Waiver

No waiver by Thrive Health Collective of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19.2 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

20. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

21. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

22. Contact Information

If you have any questions about these Terms, please contact us at:

Thrive Health Collective

Email: [email protected]

Website: your-domain.com

Acknowledgment

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.