Terms of Service
The following terms and conditions (“Terms”) govern all access and use of ThrivePage.com (“Website”, “Site”, “Platform”), all content, services, and products available at or through the website, and all orders and purchases, whether you and/or your business (“You”) place your orders or access the provided service or products through the website, by telephone, or any other accepted methods of purchase and/or delivery of services or products.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by ThrivePage, acceptance is expressly limited to these Terms.
By using our website, platform and services, you are affirming that you are at least 18 years old or the legal age of majority and have the legal capacity to enter into a binding contract with us, and read, understand and agree to these terms. If you are younger than this, you may not register for or use our Services.
Use of our Services requires a ThrivePage.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your ThrivePage.com Account and Platform
If you purchase a subscription to the ThrivePage Platform, you are provided a revocable, limited, non-subleaseable and non-transferable license to use the Platform.
You are responsible for maintaining the security of your account and platform, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your platform. You must immediately notify ThrivePage (contact us) of any unauthorized uses of your platform, your account, or any other breaches of security. ThrivePage will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you post content to ThrivePage.com, post links on ThrivePage.com, or otherwise make (or allow any third party to make) content available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code.
You agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or use of the Platform including, but not limited to:
- Illegal content and conduct
- Intellectual property infringement
- Technologically harmful content (e.g. hacking activity, malware, spyware, adware, or other malicious or destructive code)
- Calls to violence
- Posting private information (Don’t share someone’s personal information without their consent)
- Activity that may inflict harm to ThrivePage’s reputation
- Offensive content and conduct (profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory, etc.)
- Dishonest or unethical business practice
ThrivePage has the right (though not the obligation) to, in ThrivePage’s sole discretion, (i) reclaim your username or platform URL due to prolonged inactivity, (ii) refuse or remove any content that, in ThrivePage’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of ThrivePage.com to any individual or entity for any reason. ThrivePage will have no obligation to provide a refund of any amounts previously paid.
Your Platform’s eCommerce Activities
If you are selling products or services on our platform, or process any kind of payments for any reason, you are solely responsible for all of your ecommerce activities, including your store, your items, its operation, all applicable taxes and fees, compliance with the Payment Card Industry Data Security Standard (PCI DSS), and compliance with any applicable laws. Among other things, this means that:
- You should use your best judgment when setting up your store, operating your store, processing payments, and selling items. For example, you may want to publish payment and return policies.
- We are not involved in your relationships or transactions with any customer or potential customer.
- You are responsible for resolving all support questions, comments, and complaints, including refunds, chargebacks, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints.
- You are responsible for delivering items sold to your customers, and for fulfilling all promises, representations, or warranties you make to them in connection with a sale.
You cannot use our platform to sell any products or services that are prohibited, fraudulent, abusive, hazardous, or illegal. For example, you may not sell (or facilitate the sale of) any of the following in (or through) your store:
- Firearms or other weaponry, including parts, accessories, and ammunition
- Adult services
- Controlled substances (including marijuana, cannabidiol or CBD, and other cannabis-derived products)
- Personal information of others
- Content that infringes on anyone’s intellectual property rights
Responsibility of Visitors
We have not reviewed, and cannot review, all of the material (such as computer software, items for sale, or content) posted to our Services by users or anyone else (“Site Materials”), and are not responsible for any Site Materials’ content, use, or effects. We do not endorse any Site Materials or represent that Site Materials are accurate, useful, or non-harmful. We also disclaim any responsibility for any harm resulting from anyone’s use, purchase or downloading of Site Materials. If you access or use any Site Materials, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Site Materials may be offensive, indecent, objectionable, or include technical inaccuracies, typographical mistakes, and other errors, or violate or infringe the privacy or publicity rights, intellectual property rights, (see section 9 below to submit copyright complaints) and other proprietary rights, of third parties. Any Site Materials offered for sale through any of our Services are the seller’s sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Site Materials. We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes, between you and the provider of any Site Materials. Last thing: Please note that additional terms and conditions may apply to the downloading, copying, purchase, or use of Site Materials.
Fees, Payment, and Renewal
- Fees. Some of our Services are offered for a fee, while other Services may be free with optional paid upgrades (“Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a prepay basis until you cancel, which you can do at any time by contacting the relevant support team.
- Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
- Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
- Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase an annual plan, you will be charged each year.
- Refunds. While you may cancel a Paid Service at any time, refunds are issued in accordance with that specific Paid Service refund policy.
- Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which ThrivePage.com links, and that link to ThrivePage.com. ThrivePage does not have any control over those external websites, and is not responsible for their contents or their use. By linking to an external website, ThrivePage does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ThrivePage disclaims any responsibility for any harm resulting from your use of external websites and web pages.
Third Party Services
You may choose to use services, products, software, or applications developed or offered by a third party (“Third Party Services”) on your platform.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by ThrivePage.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may or may not work appropriately with your platform, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or platform.
Copyright Infringement and DMCA Policy
As ThrivePage asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ThrivePage.com violates your copyright, you are encouraged to notify ThrivePage in accordance with ThrivePage’s Digital Millennium Copyright Act (“DMCA”) Policy. ThrivePage will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ThrivePage will terminate a user’s access to and use of the platform if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of ThrivePage or others. In the case of such termination, ThrivePage will have no obligation to provide a refund of any amounts previously paid to ThrivePage.
All aspects of ThrivePage and ThrivePage.com are protected by U.S. and international copyright, trademark, and other intellectual property laws, including but not limited to all content, information, design elements, text material, logos, images, videos, and any other material and data. No material on the Website and Platform may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever.
Content You Post or Submit
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.
Additionally, ThrivePage reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. ThrivePage shall be under no obligation to use any or any part of any testimonial or product review submitted.
Reviews and Testimonials
We love to hear from customers and users about their experience with our platform, programs, products and services. ThrivePage may use testimonials and reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity related to ThrivePage’s services or products, in online or offline media, as ThrivePage determines in its sole discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products.
Disclaimer – Your Personal and Your Business’ Individual Results
Every business is different, choosing different business models, strategic approaches and organizational structures, offering different products and services, and employing different people with different personalities, skill level and experience to manage and operate the business. Therefore, your business’ individual results will vary depending on a variety of factors unique to yourself, your team, your business, and many other factors.
ThrivePage does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that ThrivePage offers a business marketing and sales platform, training, coaching, mentoring, tools and support, however, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.
Further, we do not make earnings claims, efforts claims, return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. You should purchase with the understanding that using the information and software purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. We reserve the right, at our sole discretion, to change, replace or update any part of the Agreement. It is your responsibility to check our website periodically for changes. You can review at any time the most updated version of the terms at ThrivePage.com/terms-of-service. Your continued use of and/or access to our Website, products and services following the posting of changes to the Agreement constitutes acceptance of those changes, and will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
ThrivePage may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
Our Platform and Services are provided “as is” and “as available”. ThrivePage and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ThrivePage nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, or completeness of any part of this website or its content. We do not represent or warrant, and expressly disclaim that: (a) the use of the website or any software will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data, (b) the website, software, or services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, software, information, or other material purchased or obtained by you through the website will meet your requirements or expectations, (e) errors or defects in the website will be corrected, or (f) the website or the server(s) that make the website available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
Limitation of Liability
You agree to defend, indemnify and hold harmless ThrivePage, its officers, directors, shareholders, employees, members, independent contractors, agents, subsidiaries, parent companies, affiliates, licensors, and suppliers from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to (i) your use of our Website, Platform, Products or Services, (ii) your violation of this Agreement, (iii) your violation of the law (iv) your violation of the rights of others.
Jurisdiction and Applicable Law
Except to the extent applicable law, if any, provides otherwise, this Agreement, and any access to or use of our Services will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami-Dade County, Florida.
Arbitration Agreement and Trial & Class Action Waiver
Except where prohibited by law, You and Your Business (“you”) agree that any claim that you may have in the future must be resolved through a final and binding confidential arbitration. You agree that you may only bring a claim in an individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding, and further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding. You acknowledge and agree that you are waiving the right to a trial and the right to pursue any class or other representative action against ThrivePage, its officers, directors, shareholders, employees, members, independent contractors, agents, subsidiaries, parent companies, affiliates, licensors, and suppliers.
If you have a dispute you agree to first contact us at team@ThrivePage.com to resolve it informally. Any issue that cannot be resolved through such an informal process within 90 days may be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures. If informal negotiations fail to resolve the issue and arbitration is chosen, the arbitration must be brought and filed within 12 months after the disputed issue initially started. We agree that any claim we may have against you will also be subject to this arbitration provision, except as provided in Sections 17 and 18 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Miami-Dade County, Florida, and the arbitrator chosen by agreement of the parties or, if they do not agree, selected in accordance with Rules of the AAA.
The arbitrator shall follow the substantive law of the State of Florida without regard to its conflicts of laws principles, and shall have the exclusive and sole authority to determine whether any dispute is arbitrable and resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of this Agreement. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. Each party shall pay their own additional fees, costs, and expenses, including, but not limited to, those for any documents, attorneys, witnesses and experts. Any award shall be final (subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended) and include a confidential written opinion. Judgment on the award may be entered in any court having jurisdiction thereof.
This provision survives termination of your account or relationship with ThrivePage, bankruptcy, assignment, or transfer.
(17) Additional Remedies
In the event of any breach or threatened breach of this Agreement by you, or your infringement or threatened infringement the intellectual property of ThrivePage or a third-party, ThrivePage shall be entitled to seek a restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Miami-Dade County, Florida, and nothing in this Agreement shall be construed as prohibiting ThrivePage from pursuing in court other remedies, including but not limited to monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Miami-Dade County, Florida for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
General Representation and Warranty
You represent and warrant that your purchases, access to, and use of our Website, Platform, Products and/or Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
If you use our Website, Platform, Services or Products, and/or conduct any transaction or communication with us as a business, you represent and warrant that you have the full legal authorization and right to act on behalf of and bind the business.
You represent and warrant that you have read this Agreement, understand it, and accept it in its entirety.
US Economic Sanctions
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
ThrivePage may assign its rights under this Agreement at any time, without notice to you. You can not assign your rights under this Agreement without an express written consent of ThrivePage or its successors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If any part of this Agreement is held invalid or unenforceable by the arbitrator or (if applicable) a court of competent jurisdiction, that part may be construed or altered to make such part enforceable and consistent with the remainder of the Agreement, and the remaining parts will not be affected in shall remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement constitutes the entire agreement between ThrivePage and you concerning the subject matter hereof, supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and ThrivePage, and may only be modified by a written amendment signed by an authorized executive of ThrivePage, or by ThrivePage posting a revised version to this Agreement at ThrivePage.com/terms-of-service. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
You may contact us any time at team@ThrivePage.com