Last Modified: September 13, 2018
thrv collects the following information, including Personal Information from and about you:
From your interaction with Marketing, Sales, and Customer Support: We collect Personal Information that you provide to us, such as your name, company name, and email address, when you request sales information or schedule a demonstration of our services from our Website.
Cookies, Scripts and Related Technologies: When you visit our Sites through your desktop, laptop, tablet computer, or mobile device, we and our third-party service providers may receive and record Personal Information that you may have provided. Our Sites will also collect your IP address, your movement throughout our Sites, the website you arrive from to access the Website, the website you visit after you leave our Website, and attributes of the device you use to access our Site. The technologies we use to track your movements around our Website may include cookies, tracking scripts and pixels, and tagging technologies, which we may employ to understand your user preferences, improve your experience on our website, and provide more relevant content.
We collect information from your desktop, laptop, or tablet computer, or mobile device, including information about how you interact with our Sites and those of our third-party partners, and information that allows us to recognize and associate your activity across devices and Sites. This information includes device specific identifiers and information such as IP addresses, cookie information, mobile device and advertising identifiers, browser version, operating system type and version, mobile network information, device settings, and software data. We may recognize your devices to provide you with personalized experiences and advertising across the devices you use.
We collect location information from a variety of sources. You can learn more about, and manage, your location permissions by visiting the location settings tool on your devices.
Collection of Data by Advertisers:
We may also use third parties to manage our advertising on other sites. Certain third-party partners may automatically collect information about your visits to this and other websites, your IP address, your internet service provider, and the browser you use to visit our Sites (but not your name, address, e-mail address or telephone number). They do this by using cookies, pixel tags or other technologies. Information collected may be used, to better understand the usage and visitation of our Sites.
Information You Enter.
In the course of completing the thrv Course and using the thrv Application, you will enter information about yourself and your business, at your discretion. Information You Enter will be kept confidential and will not be shared with anyone, including your colleagues, without your express consent. Information You Enter will be excluded from any uses or disclosures of Personal Information described below.
Do Not Track
We may use the information that we collect about you and from you, including Personal Information and excluding Information You Enter, for the following purposes:
We retain Personal Information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
Cookies are small text files that are sent to and stored on your computer or other device from our servers. They are widely used to gather information in order to make websites and cloud-based services work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website or cloud-based service more convenient (e.g., by allowing you to enter a password less frequently or remembering your user preferences).
Strictly Necessary Cookies – Some cookies are essential to the operation of our Sites. They are used to facilitate our log-in process, authenticate users, and enable you to navigate the Sites and to use their features. They are also used by our customer service team for messaging and analytics. Without these cookies, we may not be able to provide certain products, services or features, and the Sites may not perform as smoothly for you as we would like. Because strictly necessary cookies are essential to operate our products on the Sites, if you choose to use a product on our Sites, there is no option to opt out of these cookies.
For information on how to use the browser of your mobile device to amend cookie settings, you will need to refer to your mobile device manual.
If you wish to access, correct, update or request deletion of your Personal Information, you can do so at any time by contacting us at firstname.lastname@example.org. Our ability to access, correct, update, or delete your Personal Information throughout our internal systems and backup systems is limited at this time. Specifically, we can manually access, correct, update, or delete your Personal Information manually for information that is stored on our local servers, but may be unable to do so for Personal Information stored on offsite backup servers controlled for third parties.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, and/or comply with legal requirements.
If you are a resident of the European Union, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, or request deletion of your Personal Information by contacting us at email@example.com.
You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the "unsubscribe" or "opt-out" link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us at firstname.lastname@example.org.
Similarly, if we have collected and process your Personal Information with your consent, then you can withdraw your consent at any time by notifying us and not providing any further Personal Information. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
This section, Customer Instruction Access Terms and Conditions, applies to the person purchasing access to the thrv JTBD Course, which may be you or a colleague at your company. The following section, Named User Instruction Access Agreement, applies to the person taking the thrv JTBD Course, which may or may not be you. If you are purchasing a thrv JTBD Course seat for someone else, that person will also need to agree to the Named User Instruction Access Agreement when they create their account.
These Customer Instruction Access Terms and Conditions (the "General Terms") are entered into between thrv, LLC, a California limited liability company ("thrv") located at 1550G Tiburon Boulevard, Suite 341, Tiburon, CA 94920 and the customer who indicates their acceptance of this Agreement by clicking the "I agree" box at the end of this Agreement (a "Customer").1. Definitions. Unless otherwise defined, capitalized terms in this Agreement shall be defined as follows:
"Named User" means you, a specific employee, or an independent contractor authorized by the Customer to access the thrv Classroom online courses through the assignment of a single user identification name, regardless of whether or not the employee or independent contractor is using a course at any given time. No user other than the Named User may use the Named User identification name.
"Named User Instruction Access Agreement" means the agreement to which a Named User consents to access a Course.
"thrv Classroom" means that set of online courses available on the thrv Website as such courses may change from time to time.
"thrv Website" means the top level domain, secondary webpages and lower level webpages that are found at www.thrv.com
"thrv Website" means the top level domain, secondary webpages and lower level webpages that are found at www.thrv.com
"Effective Date" means the date and time at which you purchase access to the thrv course for you, an employee, or an independent contractor authorized by the Customer via the thrv website.2. Right to Provide Access to Named Users.
Customer shall have the right to allow the number of Named Users set forth in the order to which this Agreement pertains to access courses offered at the thrv Classroom (a "Course") solely to provide education and training to the Named Users.1. Limitations.
None of Customer nor any Named User shall have the right to allow the course to be accessed by, or displayed to, any individual other than a Named User for which Customer has provided to thrv the Named User’s applicable email address. Customer shall, and Customer shall insure that each Named User shall, comply with applicable law and the Named User Instruction Access Agreement Named Users are limited to the number of Names Users set forth in the order to which this Agreement pertains. If a Named User is no longer an employee or independent contractor of the Customer, the Customer may deactivate that user and a new user may be designated as a Named User without additional fees. Customer may not copy, distribute, or transmit any portion of the Course, and may not create any derivative works based on the Course.2. Fees and Payment.
No thrv Classroom access will be provided to Customer until Customer has paid all amounts for the applicable thrv Classroom access.3. Change in thrv Classroom access.
thrv may change or cancel any Course within the thrv Classroom, at any time, and will notify Customer by electronic mail or as otherwise allowed under this Agreement.4. Term; Termination for Breach.
These General Terms shall be effective as of the Effective Date and shall terminate upon mutual written agreement of the parties. thrv reserves the right to suspend or terminate this Agreement, without notice, if (a) Customer fails to pay the applicable amount when due, or (b) Customer violates any term of a Named User Instruction Access Agreement or these General Terms, or (c) a Named User has breached the Named User Instruction Access Agreement. In the event of termination as described in this Section, Customer will not be entitled to any refund of fees paid or prepaid for the terminated thrv Classroom access. Upon termination, sections 3, 4, 7, 8, 9, 10, and 12 of these General Terms shall survive termination.5. Indemnification.
Customer agrees to defend, indemnify and hold thrv harmless from and against any and all liability, damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, arising out of or related to any activity in which Customer engages in or through thrv. thrv reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by Customer. Customer shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to thrv without the prior written consent of thrv.6. Warranty Disclaimer.
THE THRV CLASSROOM AND COURSES ARE PROVIDED "AS IS" AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THRV, ON BEHALF OF ITSELF AND EACH OF THE THRV PARTIES: (A) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICE.7. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ONE ANOTHER OR ANY THIRD PARTY, FOR: (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA OR CONTENT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SUBSEQUENT OR OTHER LOSS, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE THRV WEBSITE, OR ANY THRV CLASSROOM AND COURSES, OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), EVEN IF THE ALLEGEDLY BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE THRV WEBSITE OR ANY THRV CLASSROOM OR COURSES. IF, NOTWITHSTANDING THE FOREGOING, EITHER PARTY IS FOUND TO BE LIABLE UNDER A THRV CLASSROOM AND COURSES AGREEMENT, AND EXCEPT FOR ANY BREACH OF SECTIONS 3, 7, AND 10, OR CUSTOMER’S PAYMENT OBLIGATIONS, SUCH PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY CUSTOMER TO THRV DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE THRV PARTY’S LIABILITY. THE LIMITATIONS OF LIABILITY SET FORTH IN THESE GENERAL TERMS ARE MATERIAL BARGAINED FOR ELEMENTS OF THE THRV CLASSROOM AND COURSES AGREEMENT AND THRV WOULD NOT HAVE PROVIDED THE THRV CLASSROOM AND COURSESS WITHOUT SUCH LIMITATIONS.8. thrv Proprietary Rights.
Customer acknowledges and agrees that thrv and its licensors own, as against Customer, all legal right, title and interest in and to the thrv Website, the thrv Classroom, and each Course including, without limitation, any intellectual property or other proprietary rights which subsist in the thrv Website, the thrv Classroom, and each Course, whether such rights are registered or unregistered, and wherever in the world those rights may exist. As between the parties, all materials associated with the thrv Website, the thrv Classroom, and each Course including, without limitation, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the thrv Website, the thrv Classroom, and each Course and their respective content, and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features associated with the thrv Website and the thrv Classroom access, are all owned, as against Customer, by thrv and its licensors. All rights not expressly granted by thrv under these General Terms or a Named User Instruction Access Agreement are reserved. There are no implied rights, or any rights that arise by estoppel.9. Performance.
Customer shall provide thrv with any and all information reasonably required by thrv to enable thrv to provide the thrv Classroom access, in a timely and complete manner and thrv shall have no liability for its failure to perform its obligations under these General Terms or any Named User Instruction Access Agreement to the extent Customer fails to comply with its obligations under this Section. Customer shall provide to its Named Users all communication and computer equipment and capabilities to enable each Named User to access and view each Course.10. Miscellaneous.10.1 Choice of Law; Exclusive Jurisdiction.
These General Terms, and any disputes arising out of or relating to these General Terms, will be governed by the laws of the State of California, without reference to its choice of law rules but excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 12.2, the federal and state courts seated in Santa Clara County, California, will have sole and exclusive jurisdiction for all matters arising from these General Terms (and Customer hereby irrevocably waives any objection to such exclusive jurisdiction); except that either Party may seek to enforce any judgment in its favor, and may seek injunctive or other equitable relief to protect its proprietary and other rights, in any court of competent jurisdiction.10.2 Dispute Resolution.
Either party may submit any dispute concerning this Agreement or any other matter to final and binding arbitration pursuant to the JAMS Streamlined Arbitration Rules if the amount in controversy is less than $250,000 (exclusive of interest and attorney fees) and the Comprehensive Arbitration Rules otherwise. Mediation and arbitration shall be pursuant to the JAMS Mediation/Arbitration Rules in effect at the time of filing for mediation or arbitration. A single, neutral arbitrator shall conduct any arbitration under the Streamlined Arbitration Rules. Mediation and arbitration shall take place exclusively in Marin County, California. At the request of any party, the arbitrators, attorneys, parties to the arbitration, witnesses, experts, court reporters, or other persons present at the arbitration shall agree in writing to maintain the strict confidentiality of the arbitration proceedings. A person who has the authority to enter into a binding agreement to settle the dispute without the approval or consent of any person not at the meeting shall represent each party at each negotiation, mediation, and arbitration meeting. Notwithstanding the foregoing, a party may apply to either a court of competent jurisdiction for prejudgment remedies and emergency relief pending final determination of a claim through arbitration in accordance with this Section 18.104.22.168 Attorneys’ Fees.
The prevailing party in any dispute arising out or related to these General Terms or a Named User Instruction Access Agreement shall be entitled to recover its reasonable attorneys’ fees and costs.10.4 Severability.
If any provision of these General Terms or any Named User Instruction Access Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of these General Terms or Named User Instruction Access Agreement.10.5 Notices.
thrv may provide Customer notices via email or regular email using contact information Customer provides to thrv. Notices shall be effective on the earlier of (i) actual receipt, (ii) confirmed receipt, or (iii) as otherwise set forth in this Section 12.5. Customer may also notify thrv via email at email@example.com or via mail or courier at thrv, LLC, Attn: Legal Department, at the address set forth in this first paragraph of this Agreement, or such other address as thrv may provide by electronic email to Customer. Notices or invoices sent by regular, first class mail, are effective on the earlier of actual receipt or five (5) business days after deposit with the United States mail postage-prepaid.10.6 Conflicts.
In the event of any conflict between these General Terms and any Named User Instruction Access Agreement, the Named User Instruction Access Agreement will prevail over these General Terms with respect to the applicable Named User.10.7 Amendment and Waiver.
No course of dealing between the parties shall amend or waive any provision of these General Terms or a Named User Instruction Access Agreement. A party who relies on a verbal, tacit, or informal consent, waiver, or amendment of this Agreement does so at the party’s own risk.10.8 Assignment.
Either party may assign or delegate any right or obligation under these General Terms or a Named User Instruction Access Agreement, fully or partially, so long as it is not to a direct competitor of the other party. Notice must be given to the other party by the assigning party should any assignment take place.10.9 Entire Agreement.
These General Terms, and the Named User Instruction Access Agreement constitute the entire agreement between Customer and thrv relating to its subject matter and all terms herein and supersede all prior or contemporaneous agreements or understandings.10.10 Independent Contractor.
Customer’s relationship with thrv is that of an independent contractor, and nothing in these General Terms or a Named User Instruction Access Agreement is intended to, or shall be construed to, create a partnership, agency, joint venture, employment or similar relationship. Customer is not authorized to make any representation, contract or commitment on behalf of thrv unless specifically requested or authorized in writing to do so by a thrv executive.
This section, Named User Instruction Access Agreement, applies to the person taking the thrv JTBD Course, which may be you and/or a colleague for whom you purchase access to the thrv JTBD Course. If you are purchasing a thrv JTBD Course seat for someone else, that person will also need to agree to the Named User Instruction Access Agreement when they create their account.
This Named User Instruction Access Agreement (the "Agreement") is entered into between thrv, LLC, a California limited liability company ("thrv") located at 1550G Tiburon Boulevard, Suite 341, Tiburon, CA 94920 and the Named User who indicates their acceptance of this Agreement by clicking the "I agree" box at the end of this Agreement (a "Named User" or "you").1. Definitions.
Capitalized terms in this Agreement shall be defined as follows:
"Named User" means you, in your capacity as a specific employee or independent contractor authorized by your employer or client to access the thrv Classroom online courses through the assignment of a single user identification name, which may be an email address, regardless of whether or not you are using a course at any given time. No user other than you may use the Named User identification name.
"thrv Classroom" means that set of online courses available on the thrv Website as such courses may change from time to time.
"thrv Website" means the top level domain, secondary webpages and lower level webpages that are found atwww.thrv.com2. Access Right.
You shall have the right to access courses offered at the thrv Classroom site (a "Course") solely for education and training purposes.3. No Right to Copy or Redistribute.
You shall have no right to copy or redistribute any thrv Course, and you are not allowed to display the Course to, or share the Course with, any individual other than yourself. You may not access the Course except in connection with your duties to the employer or client that provides you the right to access a Course. You will comply with applicable law. You may not copy, distribute, or transmit any portion of the Course, and may not create any derivative works based on the Course.4. Term; Service Termination for Breach.
You are permitted to access the Course paid for by you, your employer, or client that provides you the right to access a Course. thrv reserves the right to suspend or terminate access, without notice, if you violate any term of this Agreement. In the event of termination as described in this Section, you will not be entitled to any refund of fees paid or prepaid for the terminated Agreement. Upon termination, all sections of this Agreement, except Section 3, shall survive termination.5. Warranty Disclaimer.
THE COURSES ARE PROVIDED "AS IS". THRV EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF CONDUCT OR TRADE PRACTICE.6. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ONE ANOTHER OR ANY THIRD PARTY, FOR: (A) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR RELIANCE DAMAGES OF ANY KIND OR OTHER LOSS, IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE THRV WEBSITE, THE THRV CLASSROOM, OR ANY COURSE. EXCEPT FOR A BREACH OF SECTIONS 3 OR 7, IF EITHER PARTY IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, SUCH PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO THRV DURING THE ONE (1) YEAR PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE LIABILITY.7. thrv Proprietary Rights.
Customer acknowledges and agrees that thrv and its suppliers own, as against Customer and any Named User, all legal right, title and interest in and to the thrv Website and each of the courses on the thrv Classroom whether such rights are registered or unregistered, and wherever in the world those rights may exist. As between the parties, all materials associated with the thrv Classroom, including, without limitation, graphics, user and visual interfaces, images, software, applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the thrv Classroom and its content, and the content of each course on the thrv Classroom, and the domain names, trademarks, service marks, proprietary logos and other distinctive brand features associated with the thrv Classroom and each course, are all owned, as against Customer, by thrv or its suppliers. All rights not expressly granted by thrv under this Agreement are reserved, and Customer has no implied rights, or any rights that arise by estoppel.