Last Updated: December 30, 2021
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and ThriveCloud (“Company“, “we“, “us” or “our“), concerning your access and use of the mythrivecloud.com website as well as any other media form, media channel, mobile website or mobile application related, liked, or otherwise connected thereto (collectively, the “Site). You agree that by accessing the Site, you have read, understood, and agree to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use and you waive any right to receive specific notice of each such change. Please be sure that you check the applicable Terms every time you use our site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
(a) The Site and the contents thereof are proprietary to ThriveCloud. The content of the Site is owned by or licensed to ThriveCloud, subject to copyright and other intellectual property rights under the law. You may access and use the Site or its content for personal, noncommercial use.
(b) You agree that you will not reproduce, distribute, or make derivative works of the Site or any of the contents thereof without the express consent of ThriveCloud. You agree not to alter or modify any part of the Site. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the Content therein. You agree that you will not systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site.
(c) You agree not to use the Site for any use or purpose not permitted within these Terms of Use without the prior written authorization of ThriveCloud. Prohibited uses include, without limitation, any of the following actions taken without the express approval of ThriveCloud: sale of access to the Site; use of the Site or its related services, for the primary purpose of gaining advertising or subscription revenue; the sale of advertising on the Site; the sale of advertising on any third-party website targeted to the content of specific User Submissions or ThriveCloud Content; and any use of the Site or its related services that ThriveCloud finds, in its sole discretion, to use ThriveCloud resources or User Submissions with the effect of competing with or displacing the market for ThriveCloud, the Site content, or its User Submissions.
(d) You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the ThriveCloud servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser unless you have signed a formal license with ThriveCloud to perform such actions. Notwithstanding the foregoing, ThriveCloud grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for the creation of publicly available searchable indices of the materials, but not for the creation of caches or archives of such materials. ThriveCloud reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names and e-mail addresses, from the Site, or to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their user submissions.
(e) In order for us to provide reliable, continuous, and timely access to this site for all readers, we require that you configure your offline browser to request no more than one page per minute. Noncompliance with this rule may result in your access to this site being blocked until you contact us and resolve the problem. If you repeatedly break this rule you will be permanently blocked from the site.
(f) ThriveCloud reserves all rights not expressly granted in and to the ThriveCloud Content and the ThriveCloud service.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the SIte and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the SIte and to download or print a copy for your personal, non-commercial use. We reserve all rights not expressly granted to you and to the Site, the Content and the Marks.
By using the Site, you represent and warrant that (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means; whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order or request made through the Site.
Use of the Site or submission of contact forms on the Site does not constitute an agreement or business relationship. Use of the ThriveCloud application requires a separate contract with its own guidelines and stipulations.
In order to access some features of the Site, you will have to register and create an account. Different services available on the website, for example social networking features and forums, might require that you create separate accounts specific to those services. You may not use another person’s account. When creating your account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on or in connection with your account, and you agree to make all reasonable efforts to keep your account password secure. You agree to notify ThriveCloud immediately of any breach of security or unauthorized use of your account.
(a) A user may, where allowed on the Site, submit textual content (“user comments”) and picture or video content (“user videos”). User comments and user videos are collectively referred to as “User Submissions.” By submitting any User Submission to the Site, you hereby waive any privacy expectations that you may have with respect to any such User Submission, including to any comments, photo, video, or other data or information submitted by you to the Website.
(b) You acknowledge and agree that any User Submission submitted by you to the Site may be available for viewing, rating, review, and comment by the public. You acknowledge and agree that, once submitted by you and made accessible to users, ThriveCloud shall have no obligation to remove, delete, or disable access to any User Submission made by you, or to return any submission to you.
(c) You retain copyright in your User Submissions. By submitting User Submissions, however, you hereby grant ThriveCloud a worldwide, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and use in any other manner that may be hereafter developed in connection with the Site (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels that exist now or may be developed. You also hereby grant each user of the Site a nonexclusive, irrevocable license to access your User Submissions through the Site, and to use, reproduce, distribute, display, and perform such User Submissions as permitted by ThriveCloud.
(d) You agree not to submit a User Submission that contains any material that is copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy 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 ThriveCloud all of the license rights outlined herein. By posting a User Submission, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to do so.
(e) You agree not to submit material that is offensive, derogatory, obscene, infringing of any third party’s rights, or contrary to local, national, and international laws and regulations.
ThriveCloud does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ThriveCloud expressly disclaims any and all liability in connection with User Submissions.
ThriveCloud may, at its sole discretion, remove or prevent access to, in whole or in part, any material submitted by you, for any reason or no reason, including any material it deems in violation of its standards.
In addition to the terms listed here, certain features of the Site (e.g. the ThriveCloud application) may have additional Terms of Use and rules of conduct that users must agree to in order to register for and/or use those services.
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, ThriveCloud, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. ThriveCloud makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any website linked to this Site, and assumes no liability or responsibility for any:
(a) errors, mistakes, or inaccuracies of content;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
(c) any unauthorized access to or use of ThriveCloud’s secure servers and/or any and all personal information stored therein;
(d) any interruption or cessation of transmission to or from the Site;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or
(f) 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, e-mailed, transmitted, or otherwise made available via the Site.
ThriveCloud does not warrant, endorse, guarantee, or assume any responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked website or featured in any banner or other advertising, and ThriveCloud will not be a party to or in any way be responsible for monitoring any transaction between you and the third-party providers of products or services. In no event shall ThriveCloud, its officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
(a) errors, mistakes, or inaccuracies of content;
(b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Site;
(c) any unauthorized access to or use of ThriveCloud’s secure servers and/or any and all personal information stored therein;
(d) any interruption or cessation of transmission to or from the Site;
(e) any bugs, viruses, trojan horses or the like, which may be transmitted to or through our Site by any third party, and/or
(f) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, e-mailed, transmitted, or otherwise made available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not ThriveCloud is advised of the possibility of such damages.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that ThriveCloud shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Site is controlled and offered by ThriveCloud from its facilities in the United States of America. ThriveCloud makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree that any dispute arising from, relating to or in any manner connected with this agreement shall be construed under and resolved in accordance with the laws of California, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts of California, to the personal jurisdiction of which you hereby consent. You agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the “act”), regardless of whether our content is protected by the act or has been timely and/or properly registered under the act, and regardless of whether you are located in the United States. You agree that any cause of action against ThriveCloud arising out of or related to the Site must commence within six (6) months after the cause of action accrues. Otherwise, such cause of action is permanently barred.
You agree to defend, indemnify, and hold harmless ThriveCloud, its officers, directors, 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: (a) your use of and access to the Site; (b) your violation of any term of these Terms of Use; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ThriveCloud without restriction.
