Thriving Life General Terms & Conditions
By entering your credit card information to make a purchase, clicking “I Agree”, physically or electronically signing this agreement, emailing or mailing a signed copy of this agreement, or otherwise enrolling, electronically, verbally, or otherwise, in any Event, Offering, or Program (“Program”), you (“Client”) are entering into a legally binding agreement with THRIVING LIFE INSTITUTE, LLC, an Oregon Limited Liability Company (“Company”), whereby Client agrees to abide by all policies and procedures outlined in the following terms and conditions, as a condition of their participation in the Program.
COMPANY DEFINITION.The “Company” shall include THRIVING LIFE INSTITUTE, LLC and its officers, employees, staff, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, consultants, guides, and related entities.
COMPANY’S SERVICES. Upon execution of this Agreement, electronically, verbally, written or otherwise, the Company agrees to render services and goods related to personal and business information and education (collectively, the “Program”). The terms of this Agreement shall be binding for any further services or goods supplied by Company to Client. Parties agree that the Program is in the nature of personal and business information and education. The scope of services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Program. Company reserves the right to substitute services equal to or comparable to the Program for Client if the need arises.
DISCLAIMER. Company does not provide therapy, psychotherapy, physician, registered dietician agent, employee, legal, managerial, accountant, financial or public relations services. Client understands that Company has not promised, shall not be obligated to and will not: (1) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (2) act as a doctor providing medical diagnosis, treatment, or advice; (3) procure or attempt to procure employment or business or sales for Client; (4) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (5) act as a public relations manager (6) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (7) introduce Client to Company’s network of contacts, media partners, or business partners. Client agrees to be mindful of their own well-being during the Program, and to seek medical treatment (including, but not limited to psychotherapy), if needed. Company is not responsible for any decisions made by Client as a result of the Program or any consequences thereof. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
CONFIDENTIALITY. The Company respects Client’s privacy and insists that Client respects the Company’s and any other Program Participants (“Participants”). Thus, consider this a mutual agreement not to disclose Confidential Information. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Company and Client will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Any Confidential Information shared by Company, Client, or other Program participants is confidential, Proprietary, and belongs solely and exclusively to the Party who discloses it. Company and Client agree not to disclose, reveal, or make use of any Confidential Information or any transactions during discussions, in online forums, or at any other time. Company and Client agree not to use such Confidential Information in any manner other than in discussion with Company, Client, and/or other Program Participants during Program. Client agrees not to violate the Company’s publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client, including but not limited to; names, email addresses, third-party company titles or positions, phone numbers, or addresses. Additionally, Company will not, at any time, either directly or indirectly, disclose Client’s Confidential Information to any third party. Further, by purchasing Program, Client agrees that if Client violates or displays any likelihood of violating this agreement, the Company and/or any other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
COMPENSATION. Client agrees to provide compensation (“Fees”) to the Company for the Program selected by Client in accordance with the terms and payment schedule specified in Client’s online commerce shopping cart, on Company’s invoice, in Company’s email, or by any other agreed-upon form noted in this agreement.
CHARGEBACKS AND PAYMENT SECURITY. To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any charge backs to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on charge backs and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
NO RESALE OF SERVICES PERMITTED. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the Company’s prior written consent.
NO TRANSFER OF INTELLECTUAL PROPERTY. Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Company electronically or otherwise without the prior written consent of the Company. All intellectual property, including Company’s copyrighted Program materials, shall remain the sole property of the Company, as applicable. No license to sell or distribute Company’s materials is granted or implied. By purchasing Program, Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
LIMITATION OF LIABILITY. Client accepts any and all risks, foreseeable or non-foreseeable, arising from participation in or use of Company’s Program. By purchasing Program or otherwise participating in or using Company’s services, Client releases Company, any other Program participants, and any venue where Programs are delivered (if applicable) and any of the venue’s owners, executives, agents, or staff (hereinafter “Venue”) from any and all claims of any kind resulting or arising from, including but not limited to: any agreements, contracts, claims, suits, costs, demands; or any damages, actions, or causes of actions or whatever nature or kind in law or equity, whether direct, indirect, incidental, special, negligent, consequential, or exemplary; arising from Client’s participation in or use or misuse of Company’s Program. Company disclaims the implied warranties of titles, merchantability, and fitness for a particular purpose. Company assumes no responsibility for errors or omissions that may appear in any Program materials.
Regardless of the preceding paragraph, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of:
- the total fees Client paid to Company in the one month prior to the action giving rise to the liability, or
All claims against Company must be lodged with the entity having jurisdiction within 100 days of the date of the first claim or otherwise be forfeited forever. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to: direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Client’s participation in or use of Company’s Program. Client agrees that participation in or use of Company’s Program is at Client’s own risk.
NO GUARANTEE OF RESULTS. Program is developed for strictly educational and informational purposes ONLY. Company makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.Client understands that because of the nature and extent of the Program, the results experienced by each client may vary significantly. Client accepts and agrees that they are the one vital element to the Program’s effectiveness and that Company cannot control Client. Client accepts and agrees that Client is 100% responsible for their progress and results from Program. Company makes no representations, warranties, or guarantees, verbally or in writing, regarding performance of this Agreement other than those specifically enumerated herein. Company makes no representations, warranties, or guarantees, verbally or in writing, regarding Program outcomes related to Client’s participation in Program. Client acknowledges that, as with any business endeavor, there is an inherent risk of loss of capital, and there is no guarantee that Client will reach their goals as a result of participation in the Program.
PROGRAM RULES. To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Program Rules/Regulations presented by Company. The failure to abide by Program Rules/Regulations shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
USE OF COURSE MATERIALS. Client consents to recordings being made of courses and the Program. Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client. Client consents to its name, voice, and likeness being used by Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Company, without compensation to the Client.
TERMINATION. In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
NON-DISPARAGEMENT. In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
ASSIGNMENT. Client may not assign this Agreement without express written consent of Company.
MODIFICATION. Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers
TERMINATION. Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
DUTY TO READ. I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.
CONTROLLING AGREEMENT. In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, the provisions in this Agreement shall be controlling.
CHOICE OF LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of Oregon, Multnomah County, pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
SURVIVABILITY. The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
SEVERABILITY. If any provision contained in this Agreement, or any part thereof, is hereafter construed to be invalid or unenforceable, the remaining provisions or any part thereof shall nevertheness continue in full force. The failure of either party to exercise any right provided for them will not be deemed a waiver of that right or any further rights hereunder.
OTHER TERMS. Upon execution by clicking “I Agree”, emailing your statement of agreement, entering your credit card information, or by signing any page of this agreement, or otherwise enrolling, electronically, verbally, or otherwise, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.