TERMS OF USE

Last Modified September 1, 2020

1. BINDING EFFECT. This is a binding agreement (“Agreement) between you and Thrive Health and Beauty (“Company,” “us,” “we”). Using the Internet site located at http://www.thrivehealthandbeauty.com (the “Site”) or any services provided in connection with the Site.

2. PRIVACY POLICY. The company respects your privacy and permits you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking the “privacy” link at the bottom of the page. The privacy policy is expressly incorporated into this Agreement by this reference.

3. GOVERNING LAW. These Terms shall be construed by and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You, at this moment, irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, in all disputes arising out of or related to the use of the Site.

4. AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site. You warrant and guarantee you are at least 18 years of age.

5. PRODUCTS. The company may make certain electronic products available to you from the Site. If you download said products from the Site, the products, including all files and images contained in and accompanying data (collectively, “Products”), are deemed to be licensed to you by Company for your personal, noncommercial, home use only. The company does not transfer either the title or the intellectual property rights to the Products, and Company retains complete title to the Products and all intellectual property rights therein. You may not sell, redistribute, or reproduce the Products, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Products to a human-perceivable form. The company or its licensors own all trademarks and logos; you may not copy or use them.

6. USER CONTENT. You grant us a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to publish, distribute, display, perform, transmit, or otherwise distribute User Content.

7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is always governed by and subject to laws regarding copyright ownership and use of the intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of the intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

8. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Site and, if applicable, to delete any such material from its servers. The company intends to cooperate fully with law enforcement officials or agencies to investigate violations of these Terms of Use or applicable laws.

9. COPYRIGHT INFRINGEMENT. We have in place specific legally mandated procedures regarding allegations of copyright infringement on the Site. Please visit our DMCA Policy link in the site's footer to view our Digital Millennium Copyright Act takedown policies and make a claim of infringement. Our DMCA Policy is expressly incorporated into this Agreement by this reference.

10. No warranties. The company, at this moment, disclaims all warranties. The company is making the site available “as is” without a guarantee. You assume the risk of any damage or loss from use of, or inability to use, the site. To the maximum extent permitted by law, the company expressly disclaims any warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The company does not warrant that the site will meet your requirements or that the operation of the site will be uninterrupted or error-free.

11. Limited liability. The company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by company. This limitation shall apply regardless of whether the damages arise from a breach of contract, tort, legal theory, or action.

12. AFFILIATED SITES. The company has no control and no liability for any third-party websites or materials. The company works with several partners and affiliates whose Internet sites may be linked with the Site. Because Company does not have control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. The company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content on those sites. Similarly, from time to time, in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that third parties own. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content and that unless expressly provided otherwise, these Terms of Use shall govern your use of any third-party content.

13. PROHIBITED USES. The company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any system or network security violation may subject you to civil and criminal liability.

14. INDEMNITY. You agree to indemnify the Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any third-party claims, losses, liability, damages, and costs (including reasonable attorney fees and expenses) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. The company will notify you promptly of any such claim, loss, liability, or demand. At your expense, it will provide you with reasonable assistance in defending any such claim, loss, liability, damage, or cost.

15. SEVERABILITY; WAIVER. Suppose, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable. In that case, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other conditions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

16. NO LICENSE. Nothing on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or any third party.

17. COACHING. We may offer coaching services to visitors from time to time. Any such services shall be governed by an independent agreement, not the terms herein.

18. AMENDMENTS. We reserve the right to amend these Terms and shall do so by posting a notice on the Site and forwarding an email detailing the amendments to you should we have an email address. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.