The Thrival Company, LLC.
Terms of Service for coursework on thrival-company.thinkific.com.
The following Agreement forms a contract between you and The Thrival Company, LLC. for coursework on thrival-company.thinkific.com.
The Thrival Company, LLC. maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and The Thrival Company, LLC. If you do not agree to these terms, do not use this Site.
1. Use of Site
The Thrival Company, LLC. provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). The Thrival Company, LLC. authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
2. Copyright
Unless otherwise indicated, all content of The Thrival Company, LLC., including text, graphics, images, and logos, is the property of Thrival Company or its content suppliers and is protected by United States and international copyright laws and regulations. In addition, Thrival Company owns a copyright on The Thrival Company, LLC. as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the content of The Thrival Company, LLC. Unless expressly stated otherwise, Thrival Company does not grant any express or implied right to you. Thrival Company enforces its intellectual property rights to the fullest extent of the law. The contents of The Thrival Company, LLC. are "Copyright © The Thrival Company, LLC. All rights reserved."
3. Trademarks
"Thrival Company", The Thrival Company, LLC.", and other names, graphics, logos, and icons identifying Thrival Company or its products and services are proprietary marks of Thrival Company. These proprietary marks may not be used in connection with any product or service that is not Thrival Company's, or in any manner that is likely to cause confusion, or in any manner that disparages or discredits Thrival Company. Trademarks not owned by Thrival Company are the property of their respective owners.
4. Fees, Charges and Refunds
Access to coursework on The Thrival Company, LLC. is subject to licensing fees and charges. You agree to pay all fees in effect when incurred, plus taxes or other charges Thrival Company may incur to collect. Except as specified in this Agreement, fees and charges are non-refundable. Thrival Company will bill you for your subscription to courses or for-fee services on The Thrival Company, LLC. at the time of purchase.
Refunds for courses are available if the training system shows the course has not been taken. Once the course has been started, refunds are not available unless the error in registering for the courses is due to the seller of the course.
Thrival Company reserves the right to terminate this Agreement without notice if you violate its terms, or if a charge to your credit card or other method of payment is declined, or if your right to access coursework expires.
5. Permitted Use
Access to The Thrival Company, LLC. for coursework is permitted to the coursework, contents and links of The Thrival Company, LLC. as they may exist from time to time. Thrival Company reserves the right to discontinue the service, or any portion of the service, at any time. Thrival Company reserves the right to update or revise this Agreement at any time. Your continued use of The Thrival Company, LLC. will constitute your acceptance of those changes.
Access to The Thrival Company, LLC. for coursework is solely for the person identified in the registration information. Access is not transferable to another person or organization. You may not allow others to use your user name and/or password to gain access or provide other access via any other means. If you have needs that do not fit this Agreement, please contact Thrival Company to inquire about another form of agreement.
6. Restrictions on Use
Your access to The Thrival Company, LLC. is controlled by your user name and password. You agree not to disclose your user name and password to anyone else. If you know, or have reason to believe, that someone else has gained access to your user name and password you must immediately change your password and inform Thrival Company.
You agree to use The Thrival Company, LLC. for lawful purposes only. You agree not to post or transmit through The Thrival Company, LLC. any material which (a) violates or infringes in any way upon the rights of others; (b) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable in Thrival Company's sole discretion; or (c) encourages or condones conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate the law of any jurisdiction.
You agree not to upload, post, or otherwise make available on The Thrival Company, LLC. any material protected by copyright, trademark, or other proprietary right without the valid permission of the owner of the copyright, trademark, or other proprietary right. The burden of determining whether any material is protected by copyright, trademark or other proprietary right rests entirely with you.
You agree not to post or transmit through The Thrival Company, LLC. any material that contains advertising or any solicitation of products or services without Thrival Company's prior written consent, signed by Thrival Company's president. You agree not to use The Thrival Company, LLC. for advertising or commercial solicitation.
You agree not to use The Thrival Company, LLC. to plagiarize or represent the work of others as your own. You agree not to make any commercial use of The Thrival Company, LLC., including charging others for access to or selling collections of material gathered from The Thrival Company, LLC.. You agree not to copy any portion of The Thrival Company, LLC. for distribution to others.
7. Links
Solely as a convenience to users, The Thrival Company, LLC. provides links to web sites operated or under the control of parties other than Thrival Company. Thrival Company does not endorse, approve, certify, or control those external sites and does not guarantee the accuracy, completeness, or efficacy of the information contained on those web sites.
8. Postings By Students
Thrival Company welcomes your comments about your experience as a student on The Thrival Company, LLC. and your suggestions about how to improve The Thrival Company, LLC.. Any information or ideas which you submit (including your name) will become the property of Thrival Company and may thereafter be used by Thrival Company for any purpose. You warrant that any information or ideas which you submit are your property and that use of your submissions by Thrival Company will not infringe upon or violate the rights of any third party.
9. Privacy
You agree that you will provide only your real name, address, and other information to Thrival Company, and agree to keep that information up to date at all times. Thrival Company will not disclose that information to anyone other than in the course of Thrival Company's business or in response to what Thrival Company believes is valid legal process.
10. Liability and Warranty Disclaimers
You agree that The Thrival Company, LLC. is provided strictly on an "as is", "as available" basis. The information on The Thrival Company, LLC. may include inaccuracies or typographical errors. Information on The Thrival Company, LLC. should not and cannot be relied upon for legal decisions. You should consult with your or your company's lawyer for specific advice tailored to your situation.
Thrival Company makes no representation that materials on The Thrival Company, LLC. are appropriate or available for use in other locations, and access to them from territories where any of the contents of The Thrival Company, LLC. are illegal is prohibited. Further, Thrival Company makes no representation that the products and services available for sale or use on The Thrival Company, LLC. are appropriate or available for use in other locations. If you choose to access or make purchases from The Thrival Company, LLC., you do so on your own volition and are responsible for compliance with any applicable laws.
Thrival Company makes no representations about the suitability, reliability, availability, timeliness, or accuracy of the information on The Thrival Company, LLC. for any purpose. Information on The Thrival Company, LLC. is provided without warranties of any kind. Thrival Company hereby disclaims all warranties with regard to information on The Thrival Company, LLC., including all implied warranties of merchantability and fitness for a particular purpose.
You agree that Thrival Company will not be liable for any direct, indirect, punitive, incidental, special or consequential damages, or any damages whatsoever, including damages for loss of profits, arising out of or in any way connected with the use of The Thrival Company, LLC., inability to use The Thrival Company, LLC., the provision of or failure to provide service, or otherwise arising out of the use of The Thrival Company, LLC., whether based on contract, tort, negligence, strict liability, or otherwise, even if Thrival Company has been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation or liability for consequential or incidental damages, the above limitation may not apply to you. If you are in any way dissatisfied with The Thrival Company, LLC. or with any term of this Agreement, your sole and exclusive remedy is to discontinue using The Thrival Company, LLC.
11. Indemnification
You agree to indemnify and hold Thrival Company and its affiliates, employees, officers, directors, and agents, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of anything you submit, post to or transmit through The Thrival Company, LLC.; your use of The Thrival Company, LLC.; your connection to The Thrival Company, LLC.; or your violation of this Agreement.
12. Territory
Thrival Company operates The Thrival Company, LLC. from its offices in Austin, Texas, U.S.A. and makes no representation that its content is appropriate or available for use anywhere else. The marketing and promotional materials found on The Thrival Company, LLC. are solely directed to persons, companies, or other entities located in the U.S.A.
13. Applicable Law
This Agreement is governed by the laws of the State of Texas, U.S.A. You consent to the exclusive jurisdiction and venue of the courts of Travis County, Texas, U.S.A. in all disputes arising out of or relating to the use of The Thrival Company, LLC.
14. Entire Agreement
These Terms and Conditions, together with Thrival Company's shipping policy, privacy policy, returns policy, and other rules and policies posted on The Thrival Company, LLC., which are hereby incorporated in this Agreement, constitute the entire agreement between you and Thrival Company with respect to your use of and material available through The Thrival Company, LLC., and they supersede all prior or contemporaneous communications and proposals between you and Thrival Company with respect to The Thrival Company, LLC.. Any rights not expressly granted in this Agreement are reserved.
15. General
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to any law, the remaining provisions of this Agreement will remain in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Thrival Company as a result of this Agreement or your use of The Thrival Company, LLC. The waiver by Thrival Company of one breach or default under these Terms and Conditions shall not constitute the waiver of any subsequent or other breach or default.
16. Contact Us
The Thrival Company, LLC
5700 W. Slaughter Lane, A130
Suite 444, Austin, TX 78749
(512) 481-2123
[email protected]