TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website. Your access to and use of this website, as well as all related websites operated by ThriveFit Wellness, LLC, located at 1344 W. Laura Ct., Visalia, CA 93277 (collectively the “Site”), is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
Content Ownership and Use: The Site itself, as well as all content, videos, training materials, products, services, and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing (collectively referred to as the “Content”), are maintained for your personal use and information by ThriveFit Wellness, LLC, the “Company,” and are the property of the Company and/or its third-party providers. You agree that such Company Content includes all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company.
Intellectual Property Rights: All Content contained in the Site is copyrighted unless otherwise noted and is the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
Trademarks: All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “ThriveFit Wellness, LLC,” are either the property of or used with permission by the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate copyright, trademark, and other proprietary rights, as well as the laws of privacy and publicity, and other regulations and statutes.
Accuracy of Information: While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
Electronic Communication: When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
User Submissions: If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company, and the Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Site Security and Responsibility: The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
Limitation of Liability: NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Indemnification: You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to your breach of this Agreement, any violation by you of law or the rights of any third party, any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, your use of the Site or any services that the Company may provide via the Site, and your conduct in connection with the Site or the services or with other users of the Site or the services.
Jurisdiction: This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Tulare County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: January 1st, 2024
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
For further information or to exercise any of your rights, please contact us at:
ThriveFit Wellness, LLC
1344 W. Laura Ct.
Visalia, CA 93277
(559) 235-1666