UNLESS YOU AGREE TO THESE TERMS OF SERVICE YOU MAY NEITHER REGISTER NOR ACCESS NOR USE ANY PART OF THE THRIVE SOCIÉTÉ WEBSITE.
BY ACCESSING, OR USING the webpages provided by THRIVE SOCIÉTÉ or the apps provided by THRIVE SOCIÉTÉ, you agree to these terms and conditions of service (hereinafter referred to as “TOS”) with THRIVE SOCIÉTÉ, as well as any and all rules, guidelines and directions found throughout the Website. Please read the terms and conditions carefully. Terms and conditions apply to all users of the Website, including users who are viewers of material on the Website and users who register for the Newsletter. THRIVE SOCIÉTÉ provides you with access to and use of the Website subject to your compliance with the Terms.
Under and pursuant to the limitations set forth in these TOS, THRIVE SOCIÉTÉ grants you a personal, limited, nonexclusive, non-transferable, and revocable at any time license to access and use the Website and to use the information and services contained in the Website. The license is personal and cannot be resold or used for commercial purposes. The license applies to registration and use of any webpage provided by THRIVE SOCIÉTÉ or any app provided by THRIVE SOCIÉTÉ, even though such webpages and apps may be acquired or accessed through third parties.
We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Materials and Content on the Website as well as features and/or hours of availability of the Website, 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 the Website or restrict your access to part, or all, of the Website without notice or penalty.
These TOS cannot be modified or waived other than in a writing subscribed to by THRIVE SOCIÉTÉ.
II. OWNERSHIP OF WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
Ownership of all intellectual rights - whether trademark, copyright, patent, trade secret, or other – belongs solely and exclusively to THRIVE SOCIÉTÉ. Your sole rights under these TOS constitute access and use under the personal license described hereinabove. All personal data requested, collected, stored, used, and shared in connection with and the license granted hereunder are effective on the date you first register or use any THRIVE SOCIÉTÉ webpage, and shall continue with any continued use thereof, without compensation.
III. UPDATE AND MODIFICATION
THRIVE SOCIÉTÉ may update, repair, upgrade, and otherwise modify its Website at any time, and these TOS apply to any such changes. If you do not continue to consent to these TOS after any update or modification, your sole and exclusive recourse is to stop access and use of the Website. Continued use of any part of the THRIVE SOCIÉTÉ Website constitutes your agreement to these TOS in regard to any such changes.
Any portion of the webpages that may be subject to an open source license is owned by third parties other than THRIVE SOCIÉTÉ. Such open source firmware/software is not subject to these TOS but is instead governed and licensed under any agreements or other requirements by those third parties.
These TOS are effective immediately upon your registration, access, or use of any THRIVE SOCIÉTÉ webpage until terminated. THRIVE SOCIÉTÉ may terminate these TOS and your access or use of the Website at any time for your failure to comply with any term. You may terminate these TOS through stopping access or use to the THRIVE SOCIÉTÉ Website. In any termination, the license is terminated but the remaining provisions of this agreement remain in full force and effect, and any personal data already collected remains subject to continued collection and continued use.
V. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRIVE SOCIÉTÉ IS NOT LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES RELATING TO THE WEBSITE, EVEN IF THRIVE SOCIÉTÉ KNEW OR SHOULD HAVE KNOWN OF THE REASONABLE POSSIBILITY OF SUCH DAMAGES.
THRIVE SOCIÉTÉ’S TOTAL AND CUMULATIVE LIABILITY RELATED TO THE WEBSITE, WHETHER IN CONTRACT OR TORT OR IN EQUITY OR OTHERWISE, WILL NOT EXCEED THE COST PAID BY YOU TO THRIVE SOCIETY FOR THE WEBSITE OR PRODUCTS DEPICTED THEREIN. THIS LIMITATION APPLIES TO BOTH SINGLE CLAIMS AND MULTIPLE CLAIMS RELATED TO THE PRODUCT, WEBPAGES, OR APPS.
TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRIVE SOCIÉTÉ PROVIDES THE PRODUCTS, WEBPAGES, AND APPS “AS-IS” AND DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER WARRANTIES AND CONDITIONS - WHETHER EXPRESS OR IMPLIED, OR IMPOSED BY LAW.
THE PRODUCTS AND WEBSITE DO NOT PROVIDE ANY MONITORING OR AUTOMATED POLICE, FIRE, OR OTHER EMERGENCY RESPONSE. THRIVE SOCIÉTÉ DISCLAIMS ALL LIABILITY RELATED TO NONRESPONSE OF SUCH POLICE, FIRE, OR EMERGENCY SERVICES.
YOU USE THE PRODUCTS AND WEBSITE AT YOUR OWN RISK AND ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL INJURIES AND DAMAGES TO PERSON OR PROPERTY OR OTHER FROM THAT USE.
This limitation of liability does not intend to exclude liability that cannot be excluded by public policy or otherwise under applicable law.
IV. GOVERNING LAW AND FORUM
Any claim, dispute, action, cause of action, issue, or request for relief relating to these TOS, will be governed by the laws of California, without giving effect to any conflicts of laws principles. The sole and exclusive forum for any lawsuit related to these TOS is a court located in the County of Los Angeles, State of California, and you submit to the jurisdiction and venue of any such court in any such lawsuit. claim or dispute. THRIVE SOCIÉTÉ may seek injunctive relief to protect intellectual property rights in other courts.
These TOS may change at any time and THRIVE SOCIÉTÉ will provide notice of any such change on this website. Any specific questions concerning THRIVE SOCIÉTÉ ‘s TOS may be obtained by, and all inquiries concerning these TOS are to be directed to, e-mail to firstname.lastname@example.org.