Terms of Use for Thrivepoint.com
Consent: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE (REFERRED TO HEREIN AS “TERMS OF USE” OR “AGREEMENT”) IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY YOU REPRESENT (“YOU,” “YOUR,” AND (IF APPLICABLE) “USER”)) AND THRIVEPOINT LLC (“THRIVEPOINT,” “WE,” “US,” OR “OUR”), MANAGER AND OWNER OF THE WEBSITE WWW.THRIVEPOINT.COM (REFERRED TO HEREIN AS THE “WEBSITE”), AND APPLIES TO YOUR USE OF THE WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THIS WEBSITE. THRIVEPOINT RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME, AT ITS OWN DISCRETION AND WITHOUT NOTICE TO YOU; HOWEVER, ALL SUCH CHANGES WILL BE POSTED TO THIS WEBSITE. THRIVEPOINT ENCOURAGES YOU TO REVIEW THE TERMS OF USE FROM TIME TO TIME SO THAT YOU ARE AWARE OF ANY SUCH CHANGES. THE TERMS OF USE THAT ARE APPLICABLE TO YOU AT ANY GIVEN TIME ARE THE THEN-CURRENT TERMS OF USE. A “USER,” AS USED IN THESE TERMS OF USE, IS ANY USER OF THE WEBSITE.
THRIVEPOINT RETAINS THE RIGHT TO DENY ACCESS TO THIS WEBSITE TO ANYONE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, FOR VIOLATION OF ANY OF THESE TERMS OF USE.
1. Privacy Policy: Please review our Privacy Policy, located at http://thrivepoint.com/privacy-policy-statement/, which also governs your use of the Website so that you may understand our privacy policies.
2. Property: Content available on the WebSite including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the “Content”) is the property of Thrivepoint, our affiliates, our partners or our licensors, or others and is protected by copyright laws.
The trademarks, logos, and service marks displayed on the WebSite (collectively, the “Trademarks”) are the marks of Thrivepoint, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the WebSite are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license below, or as required under applicable law, the Content, the Trademarks, or any other portion of the WebSite may not be used, reproduced, duplicated, copied, sold, resold, distributed, displayed, publicly performed, reposted, used to prepare derivative works, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent or, if applicable, the prior written consent of the Content, Trademark, or other property’s rights holder. You may not attempt to reverse engineer or attempt to interfere with the operation of any part of this Website unless expressly permitted by law. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Thrivepoint or, if applicable, the prior written consent of the owner of the portion of the Website to be reproduced, duplicated, copied, sold, resold, or otherwise exploited. Thrivepoint retains all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site.
3. License: We grant you a limited, revocable, and nonexclusive license to access and make use of the Website. Please note that you may not frame or utilize framing techniques to enclose the WebSite or any portion thereof without our prior written consent.
The limited license set forth in this Section does not include the right to do any of the following: (1) modify or download the WebSite or its contents (except caching or as necessary to view content); (2) create any derivative work based on either the WebSite or its Content; (3) collect account information for the benefit of another party; (4) use any meta tags or any other “hidden text” utilizing our name or the Trademarks without our express written consent; (5) use software robots, spiders, crawlers, or similar data gathering and extraction tools; (6) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (7) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, or (8) take any other action that may impose an unreasonable burden or load on our infrastructure.
Any unauthorized use by you of the WebSite terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.
4. Information Submitted to Website: Any inquiries, feedback, suggestions, or ideas you provide us (collectively, “Submissions”) will be treated as nonproprietary and nonconfidential. Subject to the terms of our Privacy Policy, located at http://thrivepoint.com/privacy-policy-statement/, by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know-how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.
Your company, logo, and product information (“Company Information”) submitted are not Submissions. Company Information will be treated as proprietary but will be nonconfidential and available on the Website for viewing. Subject to the terms of our Privacy Policy, located at http://thrivepoint.com/privacy-policy-statement/, constitute the complete and exclusive agreement between us concerning your use of the WebSite, and supersede and govern any prior or contemporaneous proposals, agreements, understandings or other communications, whether written or oral. These Terms of Use shall take precedence over any other documentation, and any conflicting or additional terms shall be deemed mere surplusage and shall be ineffective for any purpose as between the parties hereto unless agreed to in writing with specific reference to this paragraph by number. In the event that you register for use of services offered by Thrivepoint, terms and conditions for such use will apply for such use.
14. Relationship Between Parties: Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us.
15. Enforceability of Provisions: Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole: We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
16. Compliance with Laws: You are responsible for compliance with applicable federal, state, local, and international laws.
17. Construction of Terms of Use: You acknowledges and agree that these Terms of Use have been reviewed by you and that it is not to be construed or interpreted more strongly against Thrivepoint.
18. Headings: Any boldface paragraph headings herein are included for ease of reference only and have no binding effect.
You may use the Contact Us form at http://thrivepoint.com/contact to contact Thrivepoint.