Last Updated August 6, 2021
Upon using thrivekick.com, you will be prompted to disclose certain information about yourself and your requirements. In order to provide you the services you have requested, you are expressly giving your permission to provide any information collected on this Website to third parties. As such, you are expressly giving your permission for such third parties to contact you by mail, email, text messaging or telephone. By registering and using this Website, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). Notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List (or a state do-not-call) list you have authorized us to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party provider at or through the Website or other advertisement media made available by us (e.g., email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party provider for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party provider in accordance with the ATSR. If, at any time, you do not wish to be bound by these conditions or you are unsatisfied with the Website, its content or other legal notices, you agree that your sole and exclusive remedy is to discontinue using this Website and you may opt-out using the method given below. You further represent and warrant that:
You acknowledge and agree that your use of the Service is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect Company content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use the Website to recreate or compete with Company or for any other purpose not contemplated herein. The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company. You are prohibited from any conduct that, in Company’s sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse any current or future use of the Services (or any portion thereof) by you. You are responsible for any use of the Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Company for any such damages, and will indemnify Company in the event of any claims against Company based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Company Services, products or properties at any time. If it is determined or suspected by Company in its sole discretion that you are misusing or attempting to misuse or circumvent the Company services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Company reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
By signing up at the Website, you are giving your consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone, you may simply use our convenient Opt-Out Page located at the bottom of the website. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
THIRD PARTY CONTENT/PRODUCTS/PROMOTIONS
The Website may display and make available content, promotions, advertisements, and offers provided by third parties (“Third Party Promotions”), as well as goods and services offered by third parties (“Third Party Products”). You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites for whom Company displays offers (“Third Party Website Activity”), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.
RELATIONSHIP WITH MARKETING PROVIDERS
This is an independent Website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating service providers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any providers.
RATINGS & REVIEWS
Ratings and Reviews of a Company or Service Provider reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Company. Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Company reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Company owned or operated websites or apps if Company determines (in its sole discretion) that such content contains offensive, harmful and/or abusive language.
ARTICLES AND OTHER CONTENT
Articles on the Company website are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
THIRD PARTY COPYRIGHTS
We respect the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice on the following page: https://thrivekick.com/contact-dmca.
LINKS TO THIRD PARTY SITES
You may be able to connect to third party Websites (“Linked Websites”) from the Website. Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website’s administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.
You acknowledge and agree that Company may monitor and/or record any telephone calls between you and Company.
DISCLAIMER OF WARRANTIES
Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Website or Website Content. This website, including the website content is provided “as is” and “as available,” without warranty of any kind, either express or implied without limitation of the foregoing, company, and its parent, subsidiaries, partners, agents, affiliates, licensors, service providers, advertisors, successors and assigns specifically disclaim any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the website, and the website content; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. company does not warrant or guarantee that any portion of the website or the website content will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or that access to the website or website content will be uninterrupted or error-free.
LIMITATION OF LIABILITY
In no event will company, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, and employees and shareholders be liable to any party (i) for any indirect, direct, special, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the website or website content, even if all such parties shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the website or the website content.
MONITORING WEBSITE USAGE
You agree that Company may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.
You agree to indemnify Company, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and any partners and hold them each harmless from any and all claims or demands, including attorney’s fees, made by any third party due to or arising from your use of the Company services in connection with the Company web site, with regard to any dispute between you and a service professional, or your violation of these terms and conditions, or arising from your violation of any rights of a third party.
You hereby agree to release, remise and forever discharge company and its affiliates, partners, service providers, clients, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with your use of the service.
DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with any third parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Website.
WAIVER AND SEVERABILITY OF TERMS
The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of related to use of the service or the agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.