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Terms and Conditions

Updated 7/23/19

 

ThriveUnion is a 501c3 not-for-profit corporation registered in California whose sole mission is to create meaningful, mutually-supportive communities in the United States and across the globe. On any ThriveUnion platform, we trust that our spaces are being used for legal, respectful and generally trustworthy purposes. While using any of these sites, you agree to abide by these terms and conditions. ThriveUnion has full right to modify these terms based on our discretion. If you do not agree to any of the terms, provided herein, please do not participate on ThriveUnion sites.

 

By visiting or accessing any ThriveUnion site and/or any sites or spaces created and managed by ThriveUnion, you agree to be bound by our: Terms and Conditions, Code of Conduct, and Privacy policy pertaining to your use of any content provided, accessed or distributed on any ThriveUnion platforms (“Content”).

 

ThriveUnion Sites may contain links to third-party providers and to Content that is uploaded by organizations, including videos, images, descriptions, links and other Content. ThriveUnion is not responsible or liable to these third-party sites, and you should review any terms of use when entering those sites or viewing their Content.

 

You represent and warrant that any material you post to ThriveUnion Sites, does not infringe another party’s intellectual property rights or any applicable national or local law that may apply regarding the posting of material. You also agree that any Content you post will not infringe on any third party right — including copyright, trademark, patent, right of publicity or other intellectual property-right, and will not slander, defame, libel or invade the right of privacy or publicity of any other person. If you submit any Content to ThriveUnion Sites (translations, questions, comments, or otherwise) you understand and agree that it may be used by ThriveUnion for any reason throughout the world without requirement or consent or payment and that ThriveUnion may edit your Content at its sole discretion. You agree that you provide a license for ThriveUnion to use your Content worldwide, non-exclusive, royalty-free and perpetual, non-revocable license for ThriveUnion to use in whatever way ThriveUnion deems appropriate throughout the world in whole or in part, in any media platforms available now or developed in the future. You are required to follow and be familiar with our guidelines. If you post material or misuse ThriveUnion Sites in a way that infringes on another party’s intellectual property rights, or these policies, you understand that we may remove the posting and that you agree to indemnify ThriveUnion based on the indemnification provided below.

 

ThriveUnion posts Content from around the world. While ThriveUnion strives to ensure all ideas posted are credible, based on facts and do not infringe on other people’s intellectual property rights, there may be an occasion when Content is provided by other parties, and/or may include material that infringes on the copyright another third party. If this happens, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on any ThriveUnion Site infringes their rights under U.S. copyright law. If you believe in good faith that Content on ThriveUnion Sites infringes your copyright, you (or your agent) may send ThriveUnion a notice requesting the material be removed or access to it blocked.

 

The notice must include the following information:

 

  • Your name, mailing address, telephone number, and email address
  • Sufficient detail identifying the copyrighted work alleged to have been infringed
  • Identification of the material that you claim to be infringing
  • Information reasonably sufficient to allow ThriveUnion to locate the material on the site
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; such as, “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”
  • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; such as, “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.

 

All claims of copyright infringement should be emailed to admin@thriveunion.org, or sent by mail to ThriveUnion, 3120 W Carefree Hwy, Suite 1-775, Phoenix, AZ 85086.

 

ThriveUnion recordings are owned by ThriveUnion, provided on ThriveUnion.org, YouTube, Facebook, and/or any other site that we manage or license to. Unless otherwise indicated on the website, audio and video files, transcripts and/or information about a speaker are licensed via Creative Commons license, which means that certain ThriveUnion Content may be used for personal and/or educational purposes as long as the license terms and ThriveUnion usage policies are followed. Except as provided in the usage policy, you agree not to distribute any ThriveUnion Content without ThriveUnion’s prior written authorization, unless ThriveUnion makes available the means for such distribution through functionality offered from ThriveUnion.org (such as the Embeddable Player).

 

ThriveUnion displays certain Content via the YouTube embedded player on ThriveUnion’s platforms. Any Content that is provided by YouTube is subject to their terms of use and license requirements. Please review their terms of use that apply for license and usage terms. If third party Content contains ThriveUnion-owned intellectual property, including any ThriveUnion marks, you are not permitted to publish, display, distribute or use these marks for any purposes without prior written authorization.

 

Any MP3, MP4 audio files and XML files that are developed by ThriveUnion, co-produced by ThriveUnion as a podcast provided via a ThriveUnion platform or third-party platform, are protected by U.S. and international copyright laws. All rights to podcast(s) are as defined by the hosting provider, ThriveUnion.org and/or the applicable terms through a subscription, or via a third-party hosting provider. However in all instances ThriveUnion podcasts are available for personal, noncommercial use only. Unless otherwise indicated, you may only use the podcast for personal, non-commercial purposes, provided that:

 

  • You do not modify or delete any of the podcast content nor individual audio files
  • You do not redistribute the audio files made available as part of the podcast
  • The use or display does not suggest that ThriveUnion promotes or endorses any third party causes, ideas, products or services
  • Audio files made available for download are not to be reproduced, edited, re-transmitted, or in any way repurposed without prior consent from ThriveUnion.
  • ThriveUnion reserves the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason.

 

All Content (including but not limited to: ThriveUnion animations, videos, transcripts, podcasts etc.) is made available AS IS and ThriveUnion does not offer any warranty of any kind or represent that the Content will be accurate, complete, or error-free. ThriveUnion is not liable for the usage of, implementation of, impact from, or communication of the ideas presented in any Content.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST ThriveUnion ARISING FROM CONNECTION WITH YOUR USE OF ThriveUnion SITES. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ThriveUnion, ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY LICENSORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM: (I) YOUR USE OF AND ACCESS TO ThriveUnion SITES; (II) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; AND (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ThriveUnion OR ITS PARENT ORGANIZATION, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE ThriveUnion CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

 

These Terms of Use constitute the entire agreement between users and the ThriveUnion Sites, governed by the laws of the State of California without regard to conflict of laws principles. You agree to submit to the personal jurisdiction of the courts located within Orange County, California. Any headings or summaries provided on this page are used for reference purposes only and do not serve any legal effect. By accessing ThriveUnion Sites and Content, you agree to be bound by the terms and conditions herein.

Terms and Conditions


RELEASE OF LIABILITY. In exchange for participation in the activity of ThriveFundamentals organized by Thrive Union Life Inc., of 3120 W Carefree Hwy, Suite 1-775, Phoenix, AZ 85086 and/or use of the property, facilities, and services of Thrive Union Life Inc., I agree to the following: 

THRIVE FUNDAMENTALS REGISTRATION TERMS

By clicking “CHECK OUT,” Customer (or “you” or “your”) agree to all the Terms and Conditions herein (the “Terms”). 

AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Thrive Union Life Inc., or the employees, representatives or agents of Thrive Union Life Inc. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Thrive Union Life Inc. for injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of Thrive Union Life Inc., whether caused by the fault of myself, my family, Thrive Union Life Inc. or other third parties.

INDEMNIFICATION. I agree to indemnify and defend Thrive Union Life Inc. against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the facilities of Thrive Union Life Inc.

FEES. I agree to pay for all damages to the facilities of Thrive Union Life Inc. caused by any negligent, reckless, or willful actions by me or my family.

APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Thrive Union Life Inc. has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.

ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

SOCIAL MEDIA, WEB & VIDEO RELEASE. I grant permission to Thrive Union Life Inc. and its agents and employees the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me, or members of my family, for the purpose of publication, promotion, illustration, advertising, or trade, in any manner or in any medium. I hereby release Thrive Union Life Inc. and its legal representatives for all claims and liability relating to said images or video. Furthermore, I grant permission to use my statements that were given during an interview or guest lecture, with or without my name, for the purpose of advertising and publicity without restriction. I waive my right to any compensation.

CANCELLATIONS. If you are unable to attend for any reason, you may have someone substitute for your participation in the program. Call the ThriveUnion, Inc. Customer Service Department at least 30 days prior to the event to transfer your enrollment. A $75 fee will apply. Previously transferred and complimentary tickets are not eligible. If you are unable to attend and do not wish to substitute, contact our Customer Service Department. We will convert your enrollment to a non-refundable voucher which must be used within one year from your original ThriveFundamentals event date. Some restrictions apply.

SATISFACTION GUARANTEE. Refunds are only available to attendees who complete ALL ThriveFundamentals sessions ending Sunday evening at 6 PM. Simply turn in your workbook and name badge to any ThriveUnion Representative and request a refund. Complimentary enrollments are not eligible for a refund. Refunds will be completed within 5 business days to the original payment method only.

GENERAL PROVISIONS. Warranties: Customer acknowledges that Customer is not relying upon any warranties, promises, guarantees or representations made by TULI or anyone acting or claiming to act on behalf of TULI unless it is in writing signed by a designated and authorized TULI representative. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by these Terms. These Terms contains the entire understanding and agreement between Customer and TULI, and no addition or modification of any terms shall be effective unless set forth in writing and signed by Customer and No TULI representative has authority to modify these Terms.

TERMS & CONDITIONS. Customer’s approval and execution of this Agreement, including all the Terms herein, will be required prior to the commencement of any This Agreement is governed by the laws of the State of California. Dates, times, locations, and structure of the TF event are subject to change. TULI reserves the right to terminate this enrollment for any reason it deems appropriate. Tuition credits and refunds will be reviewed on a case-by-case basis. Assignment: This agreement may not be assigned to another individual or entity without the express written approval of TULI.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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Document name: Terms and Conditions
Unique Document ID: 6b42b7aa81dbb1e14e6a2db96780ee5519ca9ec0
Timestamp Audit
August 14, 2019 6:26 am PDTTerms and Conditions Uploaded by Peter Montoya - admin@thriveunion.org IP 169.0.184.178
August 14, 2019 6:31 am PDTThrive Admin - admin@thriveunion.org added by Peter Montoya - admin@thriveunion.org as a CC'd Recipient Ip: 169.0.179.85
August 14, 2019 6:47 am PDTThrive Admin - admin@thriveunion.org added by Peter Montoya - admin@thriveunion.org as a CC'd Recipient Ip: 169.0.179.85
August 14, 2019 6:57 am PDTThrive Admin - admin@thriveunion.org added by Peter Montoya - admin@thriveunion.org as a CC'd Recipient Ip: 169.0.179.85
August 14, 2019 7:18 am PDTThrive Admin - admin@thriveunion.org added by Peter Montoya - admin@thriveunion.org as a CC'd Recipient Ip: 169.0.179.85