Thrive Alcohol Recovery, LLC
TERMS OF SERVICE AGREEMENT
Effective Date: October 1, 2021
This Terms of Service Agreement (“Agreement”) is a binding legal contract between you and Thrive Alcohol Recovery, LLC (“Thrive Alcohol Recovery,” “The TSM Community,” "The Alcohol Freedom Program," “we,” “us,” or “our”), regarding your use of Thrive Alcohol Recovery’s websites located at https://www.thrivealcoholrecovery.com and https://www.tsmcommunity.com on all platforms (the “Services”).
You affirm that you are 18 or more years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
The Services are controlled and offered by Thrive Alcohol Recovery from its facilities in the United States of America.Thrive Alcohol Recovery makes no representations that the Services are appropriate for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. You and Thrive Alcohol Recovery are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
a. Customer: a person or entity that is registered with Thrive Alcohol Recovery to use the Services.
b. User: any person or entity a Customer grants access to the Services.
c. You: a Thrive Alcohol Recovery Customer or other person or entity who visits our Services.
d. Customer Content: information, messages, files, or any other content that Users submit to the Services.
2. GENERAL USE OF THE SERVICES
Thrive Alcohol Recovery hereby grants you a revocable, non-transferable, and non- exclusive permission to access and use the Services as set forth in this Agreement, provided that:
a. You agree not to distribute in any medium any part of the Services, including but not limited to Thrive Alcohol Recovery (defined below) and Customer Content (defined above) without Thrive Alcohol Recovery’s prior written authorization.
b. You agree not to alter or modify any part of the Services, including but not limited to, Thrive Alcohol Recovery’s technologies.
c. You agree not to access Thrive Alcohol Recovery Content and Customer Content through any technology or means other than as authorized by this Agreement or a written agreement between you and Thrive Alcohol Recovery.
d. You agree not to use the Services for any commercial use without the prior written authorization of Thrive Alcohol Recovery. Prohibited commercial uses include, but are not limited to, any of the following actions taken without Thrive Alcohol Recovery’s express approval:
i. Sale of access to the Services, Thrive Alcohol Recovery Content, or Customer Content on all platforms;
ii. Use of the Services, Thrive Alcohol Recovery Content, or Customer Content for the purpose of gaining advertising or subscription revenue;
iii. The sale of advertising, on the Services or any third-party Services, targeted to the content of specific Thrive Alcohol Recovery Content or Customer Content;
iv. Any use of the Services, Thrive Alcohol Recovery Content, or Customer Content that Thrive Alcohol Recovery finds, in its sole discretion, has the effect of competing with or displacing the market for the Services, Thrive Alcohol Recovery Content, or Customer Content.
e. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the Thrive Alcohol Recovery servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
f. You will otherwise comply with the terms and conditions of this Agreement, and all applicable local, national, and international laws and regulations.
g. Thrive Alcohol Recovery reserves the right to discontinue any aspect of the Services or services at any time.
3. YOUR USE OF THRIVE ALCOHOL RECOVERY CONTENT ON THE SERVICES
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Thrive Alcohol Recovery Content on the Services.
a. The content on the Services, except all Customer Content, including without limitation, the text, software, scripts, graphics, files, documents, images, photos, sounds, music, pictures, messages, interactive features, the design of and “look and feel,” and the like (“Thrive Alcohol Recovery Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Thrive Alcohol Recovery, subject to copyright and other intellectual property rights under the law. Thrive Alcohol Recovery Content on the Services is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Thrive Alcohol Recovery reserves all rights not expressly granted in and to the Services and the Thrive Alcohol Recovery Content.
b. You may access Thrive Alcohol Recovery Content, Customer Content, and other content only as permitted under this Agreement. Thrive Alcohol Recovery reserves all rights not expressly granted in and to the Thrive Alcohol Recovery Content and the Services.
c. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Thrive Alcohol Recovery Content other than as expressly permitted herein.
d. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Thrive Alcohol Recovery Content or enforce limitations on use of the Services or the Thrive Alcohol Recovery Content therein.
e. You understand that when using the Services, you will be exposed to Customer Content from a variety of sources, and that Thrive Alcohol Recovery is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Customer Content. You further understand and acknowledge that you may be exposed to Customer Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thrive Alcohol Recovery with respect thereto, and agree to indemnify and hold Thrive Alcohol Recovery, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
- CUSTOMER CONTENT AND USER CONDUCT
Users may submit information, messages, files, or any other content (collectively referred to as “Customer Content”) to Thrive Alcohol Recovery. Customers and Users agree to:
- be solely responsible for Customer Content and the consequences of posting or publishing it;
- comply with the terms of this Agreement;
- comply with all applicable laws and regulations;
- have all the necessary licenses, rights, consents, and permissions to submit Customer Content to the Services;
- keep passwords and all other login information confidential;
- use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
- notify Thrive Alcohol Recovery if there is any illegal or unauthorized activity or a security breach involving your account;
- not submit material that is copyrighted, trademarked, protected by trade secret or confidentiality, or otherwise subject to third-party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Thrive Alcohol Recovery all of the license rights granted herein.
- share, transfer, or other provide access to an account designated for you to another person or entity;
- not access the Services in order to create a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
- not send unsolicited communications, promotions, advertisements, or spam;
- not impersonate any person or organization; and
- upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or any other harmful technology that unlawfully accesses or downloads content or information stored within the Services.
You understand that whether or not Customer Content is published, Thrive Alcohol Recovery does not guarantee any confidentiality with respect to any Customer Content. You retain ownership of all copyrights you may have in your Customer Content. However, you grant Thrive Alcohol Recovery a perpetual, non-exclusive, fully paid and royalty-free, worldwide license to Thrive Alcohol Recovery to use, remove, copy, reproduce, process, transmit, excerpt, publish, distribute, create derivative works of, host, index, cache, tag, encode, modify, and adapt in any form or media now known or hereinafter developed, any Customer Content posted to Thrive Alcohol Recovery. Thrive Alcohol Recovery does not endorse any Customer Content or any opinion, recommendation, or advice expressed therein, and Thrive Alcohol Recovery expressly disclaims any and all liability in connection with Customer Content. Thrive Alcohol Recovery does not permit copyright infringing activities and infringement of intellectual property rights on its Services, and Thrive Alcohol Recovery will remove all Thrive Alcohol Recovery Content and Customer Content if properly notified in a manner consistent with law and Thrive Alcohol Recovery’s Copyright Infringement Notification policy that such Thrive Alcohol Recovery Content or Customer Content infringes on another’s intellectual property rights. Thrive Alcohol Recovery reserves the right to remove Thrive Alcohol Recovery Content and Customer Content without prior notice. If you provide feedback to us regarding the Services, Thrive Alcohol Recovery Content, or Customer Content (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
- COPYRIGHT INFRINGEMENT
- If you are a copyright owner or an agent thereof and believe that any Customer Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Thrive Alcohol Recovery’s designated Copyright Agent to receive notifications of claimed infringement can be contacted at: [email protected] You acknowledge that if you fail to comply with all of the requirements of this Section 4(a), your DMCA notice may not be valid.
- Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Thrive Alcohol Recovery may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Thrive Alcohol Recovery’s sole discretion.
- Repeat Infringers. Thrive Alcohol Recovery will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
- WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICES OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE SERVICES, THRIVE ALCOHOL RECOVERY CONTENT, CUSTOMER CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND THRIVE ALCOHOL RECOVERY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THRIVE ALCOHOL RECOVERY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THRIVE ALCOHOL RECOVERY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THRIVE ALCOHOL RECOVERY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- MEDICAL DISCLAIMER
You agree that Thrive Alcohol Recovery is not comprised of licensed medical or psychological professionals and the information presented on the Services is for informational and educational purposes only and is not intended to diagnose, treat, cure, or prevent any disease. The information on the Services is in no way intended as medical advice, substance abuse counseling, psychological counseling, or as a substitute for medical or any other professional counseling. The information should be used in conjunction with the guidance and care of a physician. Consult a physician before beginning this program as you would any medical, dietary, or fitness program. You agree your use of the information on the Services is at your own risk and that Thrive Alcohol Recovery does not guarantee results.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL THRIVE ALCOHOL RECOVERY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES, THRIVE ALCOHOL RECOVERY CONTENT, CUSTOMER CONTENT OR THE PRODUCTS AND SERVICES AVAILABLE ON THE SERVICES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT THE MAXIMUM TOTAL LIABILITY OF THRIVE ALCOHOL RECOVERY, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL TOTAL AMOUNT RECEIVED BY THRIVE ALCOHOL RECOVERY FROM YOU TO ACCESS THE SERVICES AND/OR USE THE SERVICES. IF YOUR USE OF THE SERVICES, SERVICES, AND/OR GOODS RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless Thrive Alcohol Recovery, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that Customer Content caused damage to a third party or to Thrive Alcohol Recovery. This defense and indemnification obligation will survive this Agreement and your termination of use of the Services.
- TERMINATION POLICY
- You may terminate your use of the Services at any time. Thrive Alcohol Recovery may terminate this Agreement, or suspend or terminate your access to the Services, at any time, for any reason. If Thrive Alcohol Recovery suspects that you have violated any provision of this Agreement, Thrive Alcohol Recovery may also seek any other available legal remedy. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement. You remain solely liable for all obligations related to use of the Services, even after you have stopped using the Services.
- Thrive Alcohol Recovery reserves the right to decide whether Thrive Alcohol Recovery Content or Customer Content is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. Thrive Alcohol Recovery may remove such Customer Content and/or terminate your access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.
- THIRD-PARTY SITES
The Services may contain links to third-party websites that are not owned or controlled by Thrive Alcohol Recovery. Thrive Alcohol Recovery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, Thrive Alcohol Recovery will not and cannot censor or edit the content of any third-party site. BY USING THE SERVICES, YOU EXPRESSLY RELIEVE THRIVE ALCOHOL RECOVERY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY SERVICES.
- NOTICE REGARDING ELECTRONIC PAYMENT VENDORS
Users should be aware some payments may be processed through electronic payment vendors. Thrive Alcohol Recovery may also provide applications and other services to merchants related to payment processing. Payments may not be processed for certain activities, such as for illegal or other prohibited activities. If you have a question as to whether a payment will be accepted, we encourage you to check the policies of the applicable vendor.
Your relationship with the electronic payment vendors is separate from your relationship with Thrive Alcohol Recovery and is governed by the terms and conditions contained in such vendor’s agreement. Such terms and conditions are available at the respective vendor’s website. Thrive Alcohol Recovery is not responsible for the actions or omissions of any third party payment processor.
- SUBMISSIONS AND PRIVACY
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non- confidential and non-proprietary and will become the sole property of Thrive Alcohol Recovery without any compensation or credit to you whatsoever. Thrive Alcohol Recovery and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
- TYPOGRAPHICAL ERRORS
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
- USERS UNDER 13 YEARS OF AGE
Our Services are not directed to persons under the age of 13. If you become aware that your child has provided us with personal information without your consent, please contact us at [email protected] We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under the age of 13 has provided us with personal information, we take steps to remove such information. By using the Services, you are representing to us that you are not under the age of 13. If you are under 13 years of age, you are not authorized to install and use the Services and must immediately delete it from your devices.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Thrive Alcohol Recovery without restriction.
By using the Services, you consent to receiving electronic communications from Thrive Alcohol Recovery. These communications will include notices about your account and information concerning or related to the Services and/or Thrive Alcohol Recovery’s products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
- APPLICABLE LAW
This Agreement shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. By accessing the Services, the parties consent to the jurisdiction of the State of Colorado. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS WE AND YOU HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 19 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.
- AGREEMENT TO ARBITRATE
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR THRIVE ALCOHOL RECOVERY’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Thrive Alcohol Recovery concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
19.1 Notice of Dispute
In the event of a dispute, you or Thrive Alcohol Recovery must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected] Thrive Alcohol Recovery will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Thrive Alcohol Recovery will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Thrive Alcohol Recovery may commence arbitration.
19.2 Binding Arbitration
If you and Thrive Alcohol Recovery don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Denver, Colorado, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Colorado law. Either party may seek any interim or
preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
19.3 Prohibition of Class and Representative Actions and Non-Individual Actions
You and Thrive Alcohol Recovery agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and Thrive Alcohol Recovery agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other Thrive Alcohol Recovery’s users.
- REFUND POLICY
Unless otherwise specified in a separate agreement, refunds for purchases on the Services must be sent to [email protected] within fourteen (14) calendar days of purchase. Programs that require monthly payments are nonrefundable, but Thrive Alcohol Recovery will cancel your account upon receiving a cancellation request emailed to [email protected] Once we terminate your account, you acknowledge and agree that we may permanently delete your account and all the data associated with it.
You can review the most current version of the Terms of Service Agreement by visiting this page. The revised Terms of Service Agreement will become effective upon posting. If you access or use the Services after the effective date, that use will constitute your acceptance of any revised terms and conditions.
- FORCE MAJEURE
In the event Thrive Alcohol Recovery is unable to perform its obligations or provide the Services under the terms of this Agreement because of acts of God (including, but not limited to, severe acts of nature or weather events including floods, fires, earthquakes, hurricanes, or explosions), strikes or labor disputes, war, riots, acts of terrorism, epidemics, pandemics, acts of governmental authorities (including but not limited to government directives, expropriation, condemnation, and changes in laws and regulations), interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services, or other causes reasonably beyond Thrive Alcohol Recovery’s control, Thrive Alcohol Recovery shall not be liable for any costs or damages resulting from Thrive Alcohol Recovery’s failure to perform its obligations under the terms of this Agreement, provide the Services, or otherwise, from such causes.
Thrive Alcohol Recovery is a for-profit limited liability company. You agree if you choose to donate to Thrive Alcohol Recovery, your donation is not tax deductible. You also acknowledge that unless agreed upon by you and Thrive Alcohol Recovery in writing, Thrive Alcohol Recovery may use your donation for any purpose in its sole discretion. You agree that information about donors, donees, and donations is confidential.
- CONTACT US
If you have questions or comments about this Agreement, or to report any violations or abuse of the Services, please contact us at: [email protected]