nThrive Website Terms of Use

Acceptance of Terms of Use

Welcome to the nThrive website, owned and operated by nThrive, Inc., a Delaware Corporation, with a business address at 200 North Point Center East, Suite 600, Alpharetta, GA 30022, along with its affiliates and subsidiaries, including any subsidiary of nThrive’s parent organization (collectively, “nThrive”, “us”, “our” or “we”). The following terms and conditions (these “Terms of Use”) govern your access to and use of www.nThrive.com, including any content, functionality, and services offered on or through www.nThrive.com (collectively, the “Website”).

Please read these Terms of Use carefully before you start using the Website. By using the Website, you accept and agree to be bound by and abide to these Terms of Use. If you do not want to agree to these Terms of Use, then please exit the Website and cease any further use or access of the Website.

Changes to Terms of Use

nThrive reserves the right to modify these Terms of Use at any time, in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means you accept and agree to the changes. It is your responsibility to check this page from time-to-time so you are aware of any changes, as they are binding on you.

Intellectual Property Rights

This Website and its entire content, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by nThrive. The Website is copyrighted by nThrive. You may not copy or distribute, nor attempt to copy or distribute, the content or features of the Website. In addition, the nThrive name and all related names, logos, product and service names, designs, and slogans used within this Website are trademarks of nThrive or its licensors that you may not use without nThrive prior written permission. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by nThrive. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Limited License Grant; Revocation of License

Subject to these Terms of Use, nThrive grants to you a non-exclusive, non-transferable license to use the Website, solely for the purpose of accessing the content, features and functionality of the Website. We reserve the right to withdraw or amend this Website, along with any service or material we provide on the Website, in our sole discretion without notice. We can also revoke the licenses granted to you or deny you future access to the Website, or impose conditions on your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access to certain areas of the Website.

Restrictions on Use

You will not do any of the following while using the Website: (a) conduct or promote any illegal activities; (b) upload, download, distribute or print anything that violates the Terms of Use or that may be harmful to minors; (c) attempt to reverse engineer or jeopardize the functioning of the Website; (d) attempt to gain access to secured portions of the Website to which you do not possess access rights; (e) upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code; (f) use the Website to generate unsolicited email advertisements or spam; (g) use any automatic or manual process to harvest information from the Website; or (h) impersonate another user.  Additionally, you agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website; (ii) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any device, software or routine that interferes with the proper working of the Website; or (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

User Contributions

Certain areas of the Website may allow you to post content that can be accessed and viewed by others, including the general public.   By submitting content to public areas of the Website, you grant us an irrevocable license and right to use, copy, display, perform, distribute, adapt and promote this content in any medium.  Any user contribution is considered non-confidential and non-proprietary. You understand and agree that nThrive makes no representations or warranties about (b) the selection of content submitted by users that is available via the Website or (a) any and all editorial content on the Website. Opinions on the Website are not to be construed as assertions of fact.

You take sole and complete responsibility for any content you submit to the Website in any form, including without limitation comments, feedback, data, information, presentations, graphics, photos, videos, and other communications. You will not upload, submit or otherwise transmit any content that (i) you do not own or to which you do not have the written permission of the owner to upload to the Website, (ii) in any way infringes on the rights of third parties, (iii) violates these Terms of Use or applicable law, or (iv) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another. You represent and warrant that you have the permission of those individuals or entities whose information appears in the content you submit to the Website and that you have obtained the necessary permissions to disclose such information to the general public, and to show any trademarks that may appear in your content. You are solely responsible for retaining your own backup copies of any content.

nThrive has no duty to pre-screen content, but we reserve the right to refuse to post or to redact or remove submitted content at our discretion.   If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report possible copyright infringement including all relevant infringement related information to notices@nThrive.com.

Without limiting any of the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless nThrive, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from: (a) your use or misuse of the Website; (b) any violation of these Terms of Use; and (c) any of your user contributions. nThrive reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with nThrive in asserting any available defenses.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  For clarification purposes, the Website is provided for informational purposes only; and nThrive does not provide medical advice, diagnosis or treatment. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL NTHRIVE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN 30 DAYS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Privacy Policy

From time-to-time, nThrive may post other policies on its website, including but not limited to nThrive’s Privacy Policy. You agree to abide by all such policies that are posted on www.nThrive.com.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between nThrive and you with respect to your rights to access and use the Website.  These Terms of Use are construed and enforced in accordance with the laws of the State of Texas. Any dispute arising out of these Terms of Use must be adjudicated exclusively in the state or federal courts of the State of Texas and you consent to personal jurisdiction and venue in Texas. You agree that no joint venture, partnership, employment, or agency relationship exists between you and nThrive as a result of these Terms of Use or your use of or access to the Website.  If any provisions of these Terms of Use are invalid or unenforceable for any reason in any jurisdiction, such provision will be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability.  The invalidity or unenforceability of one or more of the provisions contained in these Terms of Use does not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of these Terms of Use invalid or unenforceable whatsoever. You may not assign, sublicense or otherwise transfer any of your rights hereunder, nor delegate any of your duties hereunder. nThrive may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to you. The headings in these Terms of Use are inserted merely for the purpose of convenience and will not affect the meaning or interpretation of these Terms of Use. No waiver by nThrive under these Terms of Use is valid or binding unless set forth in writing and duly executed by nThrive.  Any such waiver will constitute a waiver only with respect to the specific matter described and must in no way impair the rights of nThrive in any other respect or at any other time.  Any delay or forbearance by nThrive in exercising any right hereunder will not be deemed a waiver of that right.

Thank you for visiting our Website.