Read the Terms of Use carefully before using this website.
Read the Terms of Use carefully before using this website. By using www.thrive-wellness-coaching.com (“WEBSITE”), you acknowledge that you have read and understand the Terms of Use and accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not accept these Terms of Use or agree to the Privacy Policy, do not use this WEBSITE.
These Terms of Use are entered into by and between you and THRIVE WELLNESS COACHING. The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, “TERMS”), govern your access to and use of this WEBSITE, including any content, functionality, and services offered on or through this WEBSITE for which another agreement does not control, whether as a guest or a registered user.
THRIVE WELLNESS COACHING reserves the right to revise, amend or modify these TERMS and other policies and agreements at any time and in any manner by updating this posting. All changes are effective immediately when posted and apply to all access to and use of the WEBSITE thereafter. Your continued use of the WEBSITE following the posting of revised TERMS means that you accept and agree to the changes. It is your responsibility to review the current TERMS as they are binding to you.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Website and all related charges. THRIVE WELLNESS COACHING does not guarantee the WEBSITE or the server(s) that make the WEBSITE available are free of viruses, destructive code, or other harmful components. 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 WEBSITE for any reconstruction of any lost data. By using the WEBSITE, you assume total responsibility and risk for your use of this WEBSITE and the internet.
You are responsible for ensuring that all persons who access the WEBSITE through your internet connection are aware of these TERMS and comply with them.
The WEBSITE is offered and available to for those who are 13 years of age or older and for United States residents or those in any of its territories or possessions. THRIVE WELLNESS COACHING makes no representation that materials at this WEBSITE are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
You may use this WEBSITE only for lawful purposes and in accordance with these TERMS. Using this WEBSITE for unlawful purpose, for exploitation or harm of minors, to impersonate THRIVE WELLNESS COACHING or its users or associates, to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the WEBSITE, or which, as determined by us, may harm THRIVE WELLNESS COACHING or users of the WEBSITE or expose them to liability is strictly prohibited.
By using the WEBSITE, you agree to not attempt to interfere with the proper working of the WEBSITE. By using the WEBSITE, you agree not to use the WEBSITE in any manner or use any device or software that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the WEBSITE, including but not limited to their ability to engage in real time activities through the WEBSITE. You agree not to use any robot, spider, or other automatic device, process, or any unauthorized means to access the WEBSITE for any purpose, including monitoring or copying any of the material on the WEBSITE. You agree to not introduce to the WEBSITE any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. You agree to not attack the WEBSITE via a denial-of-service attack or a distributed denial-of-service attack.
COPYWRIGHT
THRIVE WELLNESS COACHING authorizes you to access, view the text, graphics, images, documents and other materials (“CONTENT”) contained in or made available through this WEBSITE for your personal, non-commercial use only. You must abide by all copyright and other proprietary notices contained in the CONTENT.
Modification of the CONTENT on this WEBSITE in any way is prohibited. You may not reproduce or publicly display, perform, or distribute or otherwise use the CONTENT for any public or commercial purpose. Graphic images, photographs, or videos must remain in contact with the associated text. Any unauthorized use or modification of any CONTENT at this WEBSITE may violate copyright and other laws. No title to nor ownership of any CONTENT is transferred to you with use of this website. All rights not expressly granted to you are retained by THRIVE WELLNESS COACHING.
Your computer may temporarily store copies of WEBSITE materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes.
The WEBSITE and its entire contents, 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 THRIVE WELLNESS COACHING, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
To request permission to distribute any CONTENT found on this WEBSITE, please address your request to contact.thrive.wellness@gmail.com.
WEBSITE CONTENT
The information presented through this WEBSITE is made available solely for general information purposes. THRIVE WELLNESS COACHING makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of the WEBSITE or CONTENT. The WEBSITE, its CONTENT, and any programs, services, or products obtained through the WEBSITE are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. THRIVE WELLNESS COACHING disclaims all liability and responsibility arising from any reliance placed on the CONTENT by you or any other visitor to this WEBSITE, or by anyone who may be informed of any of its CONTENT.
THRIVE WELLNESS COACHING reserves the right to withdraw or amend this WEBSITE, and any service or CONTENT we provide on the WEBSITE, in its sole discretion without notice. THRIVE WELLNESS COACHING will not be liable to you or any third party for any modification, suspension or discontinuance of the WEBSITE or CONTENT for any period. THRIVE WELLNESS COACHING may restrict access to some parts of the WEBSITE, or the entire WEBSITE, to users, including registered users.
The CONTENT may be updated from time to time, but it may not necessarily be complete or up-to-date. Any of the CONTENT may be out of date at any given time, and THRIVE WELLNESS COACHING is under no obligation to update such material.
THRIVE WELLNESS COACHING does not represent or warrant that using this WEBSITE will be secure, timely, uninterrupted or error-free. THRIVE WELLNESS COACHING does not guarantee any stored CONTENT will be accurate or reliable or its integrity maintained, or that the quality of any products, services, information, or other material purchased, viewed, or obtained by you through this WEBSITE will meet your requirements or expectations.
This WEBSITE may include links to content provided by third parties, including but not limited to links to social media platforms where materials may be provided by other users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by THRIVE WELLNESS COACHING, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of THRIVE WELLNESS COACHING. THRIVE WELLNESS COACHING is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKS
Any social media links or features must only be used as they are provided by THRIVE WELLNESS COACHING and solely with respect to the CONTENT they are displayed with, and otherwise in accordance with any additional terms and conditions provided by THRIVE WELLNESS COACHING. THRIVE WELLNESS COACHING reserves the right to withdraw linking permission without notice. THRIVE WELLNESS COACHING may disable all or any social media features and any links at any time without notice in its sole discretion.
If the WEBSITE contains links to other sites and resources provided by third parties, these links are provided for convenience only. THRIVE WELLNESS COACHING has no control over the content of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the WEBSITE, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Such third party content or websites may be incorporated into links accessible through the WEBSITE, and you are responsible for reviewing and understanding the specific terms that apply to any such third-party content or websites.
Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with the TERMS. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on part of THRIVE WELLNESS COACHING without its express written consent. You must not establish a link from any website that is not owned by you or that you do not otherwise have a right to. You must not cause the WEBSITE or portions of the WEBSITE to be displayed on or by any other site including but not limited to framing, deep linking, or in-link linking. You must not take any action with respect to the CONTENT that is inconsistent with any other provisions of these TERMS.
TERMS OF MEMBERSHIP AND ONLINE PROGRAM REGISTRATION
Additional terms and conditions may also apply to specific services made available through the WEBSITE and are hereby incorporated by this reference into these TERMS.
To access the WEBSITE or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the WEBSITE that all the information you provide on the WEBSITE is correct, current, and complete. You agree that all information you provide to register with this WEBSITE or otherwise, including but not limited to the use of any interactive features on the WEBSITE, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Before initiating any exercise program, it is your responsibility to consult with a medical practitioner regarding your health status to confirm that you are capable of participating in the WEBSITE content, programs and services without limitation. If you experience pain or discomfort while participating in the WEBSITE content, programs and services, you will cease participation to avoid injury and consult with your medical professional. By accessing the WEBSITE, you understand that participating in an online format cannot guarantee safety. By accessing WEBSITE content, programs or services, you accept the risk of participating in online activities which may include, but is not limited to, risk of musculoskeletal injury, dehydration, abnormal blood pressure, fainting, cardiovascular event, personal injury, heart attack, and death. All recording and distribution of any WEBSITE content, program or service is strictly prohibited. By accessing any content, programs or services on the WEBSITE, you accept and assume responsibility for risk of injury or damage, known or unknown, which might arise from using the WEBSITE.
INDEMNIFICATION
Your use of the WEBSITE, its content, programs, services, or items obtained through the WEBSITE is at your own risk.
You agree to indemnify, defend and hold harmless THRIVE WELLNESS COACHING, its owner, associates and suppliers from and against any liabilities, losses and reasonable costs and expenses (including without limitation, those resulting from lost profits, lost data, business interruption, or reasonable attorney’s fees) arising out of the use, inability to use, or the results of use of this WEBSITE, any websites linked to this WEBSITE, or the content or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.
THRIVE WELLNESS COACHING 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.
DISPUTES
All matters relating to the WEBSITE and these TERMS and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
You agree that any legal action or proceeding between you and THRIVE WELLNESS COACHING for any reason arising out of or relating to these TERMS or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the City of San Jose, California, and County of Santa Clara, and you submit to the jurisdiction of such court. THRIVE WELLNESS COACHING retains the right to bring any suit, action, or proceeding against you for breach of these TERMS in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Any cause of action or claim you may have with respect to THRIVE WELLNESS COACHING, these TERMS, or the WEBSITE must be commenced within one (1) year after the claim or cause of action arises, otherwise, such cause of action or claim is permanently barred.
At THRIVE WELLNESS COACHING’S sole discretion, it may require you to submit any disputes arising from the use of these TERMS or the WEBSITE, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
SUMMARY
Any use of the WEBSITE not expressly permitted by these TERMS is a breach of these TERMS and may violate copyright, trademark, and other laws.
THRIVE WELLNESS COACHING reserves the right to remove communication and to terminate the accounts of users who infringe these TERMS. If you breach the TERMS, your right to use the WEBSITE will stop immediately and you must, at our option, return or destroy any copies of CONTENT you have made. 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 THRIVE WELLNESS COACHING. These TERMS and Privacy Policy constitute the sole and entire agreement between you and THRIVE WELLNESS COACHING regarding the WEBSITE and supersedes all prior understandings, agreements, representations, and warranties, both written and oral, regarding the WEBSITE.
For questions regarding these TERMS please email contact.thrive.wellness@gmail.com.
This website is operated by: Janet von Konsky Miller, Thrive Wellness Coaching
contact.thrive.wellness@gmail.com
15559 Union Ave #195
Los Gatos, CA 95032
Revised June 2021