- Your Use of Our Website/Mobile App. You and any of your employees, contractors, or agents may not use or register with our Website/Mobile App if you are under the age of eighteen (18) years old. Your use of our Website/Mobile App may be interrupted from time to time due to website or mobile application upgrades, technical malfunctions, or repairs. At any time, we have the right to change or discontinue all or part of the Website/Mobile App, or charge, modify or waive fees pertaining to use of the Website/Mobile App. You use our Website/Mobile App at our discretion, meaning that at any time and without notice, we may suspend or terminate your access to our Website/Mobile App and all services provided from same. We also may delete any and all content you have provided at our sole and absolute discretion at any time and for any reason whatsoever. You must not use our Website/Mobile App for any illegal, unauthorized, or immoral purpose. You agreed to comply with all federal, state, and local laws, and rules and regulations applicable to your use of our Website/Mobile App and in the providing of your products and services to consumers.
- Referral Service / ThrivinU Not a Service Provider. ThrivinU is strictly a referral service that brings Providers together with consumers. ThrivinU does NOT provide or is in any way associated with the actual service from a Provider that a consumer may request or that a Provider may perform. ThrivinU only places Providers and consumers in the marketplace for various services in touch with one another. All agreements for services are strictly between the Provider and the consumer and not ThrivinU, and either the Provider or the consumer may decline to provide or request such services, as applicable. ThrivinU is not an agent, broker, or insurance company and does not endorse or recommend the products or services of any particular Provider. ThrivinU strongly recommends you perform your own due diligence on each potential consumer prior to entering into any agreement or other arrangement for products or services. ThrivinU is not your agent in any capacity whatsoever and has no involvement in any transaction between you, the consumer, and any other third party. ThrivinU has done no independent research or investigation on any CONSUMER, and you are solely responsible to do all of your own research on any CONSUMER you may engage from the use of our Website/Mobile App. ALL UNPAID FEES DUE A PROVIDER FOR PRODUCTS AND SERVICES RENDERED TO A CONSUMER ARE THE SOLE COLLECTION RESPONSIBILITY OF THE PROVIDER, AND THRIVINU WILL NOT BE LIABLE TO MAKE ANY SUCH PAYMENTS TO PROVIDER REGARDLESS OF WHETHER OR NOT THE CONSUMER WAS FOUND AND ENGAGED BY PROVIDER VIA THRIVINU’S WEBSITE/MOBILE APP.
- Payments / Price Changes / Delivery of Products and Services. We receive fees from Providers on a monthly recurring basis in order to list their products and services in our directory of which consumers have access. Providers must provide, keep and maintain a valid credit card to maintain their monthly subscription with us. We do not collect any monies from consumers in exchange for Providers’ products and services at Provider facilities, as that transaction(s) is done solely between the Provider and the consumer. The price of such Provider’s products and services are the prices set forth on their ad or mobile brand, of which the Provider has complete control and is solely responsible to maintain and update. You are responsible to perform all services and deliver all products to the consumer at the stated prices in your ad or mobile brand. It is also your responsibility to maintain and update for all price changes for products and services, and to make sure all information on our Website/Mobile App pertaining to you is setting forth your current information.
- Provider’s Products and Services. The Provider is solely responsible for all products and services to the consumer and agrees that ThrivinU will not be liable for any damages or costs of any type arising out of or in any way connected with Provider’s goods or services or use of the ThrivinU Website/Mobile App. It is the Provider’s responsibility to (a) use its own judgment and decide which available product and service best fits the consumer’s needs; (b) obtain all waivers from the consumer that Provider otherwise requires; and (c) provide all supplies and materials to deliver the product or service. ThrivinU reserves the right for any reason to terminate or suspend the rights of any Provider or consumer to use our Website/Mobile App at any time without prior notice. In the event A CONSUMER purchaseS products or services from one of our Providers and such PRODUCT OR service is to be delivered or performed AT THE PROVIDER’S FACILITY, PROVIDER acknowledgeS and agreeS that all riskS FROM PRODUCTS AND SERVICES PROVIDED TO THE CONSUMER BY THE Provider, or their employees, contractors or agents is solely at PROVIDER’S own risk, and that ThrivinU has not and will not conduct any independent investigations as to the quality, suitability, financial creditworthiness of any CONSUMER presented to you OR THAT YOU FOUND through our Website/Mobile App. it is the sole responsibility of you to do any and all research into any CONSUMER in which you deliver products or perform services. You assume any and all liability for entering into such contract with CONSUMER and for any and all actions or inactions BY YOU that may take place in YOUR facility. YOU ARE SOLELY RESPONSIBLE FOR THE SAFETY OF YOUR EMPLOYEES, CONTRACTORS, AGENTS AND THE CONSUMER.
- Information Transfers. In submitting a request to us, we may ask for your name, tax identification number, address, telephone number, business incorporation dates and other important Personal Information to allow us to verify your identity. You agree to provide us with complete and accurate information and to update such information to keep it current. By using our Website/Mobile App, you agree to allow us to transfer all of your Personal Information you provided to a consumer.
- Electronic Submissions of Information and Communication. All information (personal or otherwise) and data submitted through our Website/Mobile App is solely at your own risk. When you visit our Website/Mobile App or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements that such communications be in writing.
- Intellectual Property Rights. All of the material included on our Website/Mobile App, including but not limited to trademarks, text, graphics, logos, service marks, and mobile applications are the property of ThrivinU and other parties. Any unauthorized download or use of such material is strictly prohibited without the express written consent of ThrivinU or such third party that owns the intellectual property rights.
- No Recommendations. All Website/Mobile App content and services are solely for your convenience and are not intended to constitute professional advice. Accordingly, you should seek professional advice and recommendations prior to entering into any transaction via the Website/Mobile App or introduced to you via the Website/Mobile App.
- License and Access. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-licensable license to access and make commercial use of our Website/Mobile App by accessing your consumer referrals and marketing your business. This license does not include all commercial uses of the ThrivinU Website/Mobile App in any form whatsoever, and we may revoke or disallow any commercial uses at our sole and absolute discretion with or without sending you notice or a writing. You will not use robots, data mining, or similar data gathering and extraction tools when interacting or using our Website/Mobile App. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us or any of our affiliates without our or their express written consent. You may not use any meta-tags or other hidden text utilizing our name or trademarks without our express written consent. All rights not expressly granted to you in this Agreement are reserved and retained by us, and any unauthorized use of the Website/Mobile App or services provided thereon terminates the permission or license to access and use our Website/Mobile App. We may revoke your rights to use our Website/Mobile App at any time and for any reason whatsoever without notice.
- Abuse. Without limiting our other remedies, we may limit, suspend, or terminate our services and your user account(s) at our sole discretion and without notice in the event we think you are abusing our services or Website/Mobile App, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies.
- Use of External Websites. All use of external websites and mobile applications are done at your own risk, regardless of any links that may be present on our Website/Mobile App that may lead you to such external website. We do not endorse any external websites including but not limited to any content, products, or advertising from such external websites. You use such external websites at your sole risk.
- Username, Passwords & Security. You will at all times maintain the confidentiality of your username and password (if any). In the event there is a breach of security through your account, you must immediately change your password and also notify us at firstname.lastname@example.org. YOU AGREE TO WAIVE ALL CLAIMS AGAINST US IN THE EVENT THE SECURITY OF YOUR ACCOUNT IS COMPROMISED REGARDLESS OF FAULT. FURTHER, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US HARMLESS IN THE EVENT WE INCUR DAMAGES TO OUR INTELLECTUAL PROPERTY OR OTHER FINANCIAL DAMAGES DUE TO A BREACH OF CONFIDENTIALITY. You acknowledge that you are fully responsible and LIABLE for all interaction with the Website/Mobile App that occurs in connection with your username and password.
- Entire Agreement; Modification. This Agreement embodies the entire agreement between us and you. We may modify or change this Agreement from time to time, and your use of our Website/Mobile App after such modification will constitute your acceptance of all such modifications. We may or may not notify you of any or all modifications to this Agreement, thus it is your responsibility to review this Agreement prior to each use of our Website/Mobile App.
- Disclaimer of Warranties. By USING OUR WEBSITE/MOBILE APP, You expressly agree YOU ARE USING OUR WEBSITE/MOBILE APP AT your own risk. WE provide AND SUPPORT the Website/Mobile App on an “as is” basis. WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties OF MERCANTIBILITY, fitness for a particular purpose, title, and non-infringement. WE make no warranty whatsoever that the Website/Mobile App or ANY CONSUMER REFERRAL THEREUNDER Will meet your requirements OR EXPECTATIONS, or that the Website/Mobile App will be uninterrupted, timely, OR secure. ACCORDINGLY, WE MAKE NO warrantY as to the results that may be obtained from the use of the Website/Mobile App, as TO the confidentiality or privacy of any of the users information OR registration data, or as to the accuracy or reliability of any information obtained through the Website/Mobile App. ALL material downloadED FROM THE WEBSITE/MOBILE APP or otherwise obtainED through the use of the Website/Mobile App is done at your own SOLE discretion and risk, and you ARE solely responsible for ALL damage to your computer system or loss of daTa RESULTING FROM SAME. WE make no warrantY WHATSOEVER regarding any REFERRALS OR LEADS obtainED THROUGH the Website/Mobile App or any transaction entered into through the Website/Mobile App.
- Limitation of Liability / FULL RELEASE. WE will not be liable for any DIRECT, indirect, INCIDENTAL, special, consequential, PUNITIVE, or OTHER damages resulting from the use or the inability to use OUR Website/Mobile App or for cost of procurement of substitute goods and services, including but not limited to damages from loss of profits, use, data or ANY OTHER ITEM. UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE LIABLE FOR ANY DAMAGES OR COSTS EXCEEDING ANY AMOUNTS PAID TO US for your use of the WEBSITE/MOBILE APP. You hereby release and forever discharge US AND OUR respective agents, Directors, officers, employees, MANAGERS, MEMBERS, suppliers, licensors AND licensees FROM ALL complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, AND costs OF any nature and kind whatsoever, whether known or unknown, THAT EXIST NOW OR IN THE FUTURE, which arise from OR relate to your use of OUR Website/Mobile App.
- THRIVINU NOT RESPONSIBLE FOR THIRD PARTY ACTS OR OMISSIONS. WE ARE not responsible or liable for any CONSUMER OR OTHER third party acts or omissions or for any other reason whatsoever.
- Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time and for any reason without your consent.
- Indemnification. You agree to indemnify, defend and hold us and our subsidiaries, affiliates, directors, officers, managers, members and employees harmless from all claims and demands, including reasonable attorneys fees, arising out of your use of the Website/Mobile App or from any consumers you may or may not engage, regardless of fault.
- Waiver. No waiver of any term or condition of this Agreement will be effective unless it is in writing and is signed by us, and then only in the particular circumstances specified. No failure by us to exercise any right or privilege provided for herein, or to require timely performance of any obligation herein in strict accordance with the provisions hereof, will preclude the exercise of such rights or privileges or the enforcement of such obligations in different circumstances or upon the reoccurrence of the same or similar circumstances. Moreover, the exercise of any remedy provided for at law, in equity, or herein will not impliedly preclude the exercise of any other remedy except when, and then only to the extent that, the other remedy is expressly forbidden or limited by the provisions hereof.
- Severability. In the event that a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement which violate such statute or public policy will be stricken. All portions of this Agreement which do not violate any statute or public policy will continue in full force and effect. Further, any court order striking any portion of this Agreement will modify the stricken terms to give as much effect as possible to the intentions of the parties under this Agreement.
- Arbitration. At our election, any and all disputes under this Agreement between you and us may be resolved by binding, individual arbitration and not in court or by jury trial, jury trial being strictly prohibited by this Agreement. By using our Website/Mobile App, you give up your right to participate as a class member on any class claim you may have against us including but not limited to all rights to class arbitration, consolidation of individual arbitrations, and any and all lawsuits filed in court consistent with this Agreement. We may, in our sole and absolute discretion, elect arbitration under this paragraph in this Agreement in order to expedite a resolution to any dispute arising hereunder, but we are not required to do so. The rules of the American Arbitration Association will govern any arbitration pursuant to this Agreement.
- Governing Law / Venue. This Agreement is governed by and construed under and in accordance with the laws of the State of Arizona and the United States of America. Venue for any action will take place in state court, Maricopa County Superior Court, Phoenix, Arizona, regardless of any conflict of laws. Notwithstanding the foregoing sentence, solely at our election, we may move your case to any Federal District court in the State of Arizona. By using our Website/Mobile App and purchasing any goods and services, you agree to waive all rights to have any matter heard by any court other than as set forth in this paragraph, and you agree to the exclusive jurisdiction of the Maricopa County Superior Court, Phoenix, Arizona, USA, and the laws of the State of Arizona.
- Waiver of Jury Trial. In the event suit is brought about or an attorney is retained by any user of our Website/Mobile App pertaining to this Agreement, the court and not a jury will hear such matter. You agree to waive any and all rights to a jury trial.
c/o Support and Administration
9383 E. Bell Road, Suite 616
Scottsdale, Arizona 85255