Terms and Conditions Of Use

Thrive365
Terms and Conditions of Use

Date last modified: December 31, 2012

INTRODUCTION
Welcome to THRIVE365. These terms and conditions constitute a legally binding agreement governing the terms and conditions of use of the Thrive365 website (www.thrive365.com), the mobile applications, the content, data feeds with partner sites and APIs.   This site is owned by Thrive365 LLC and throughout these Terms and Conditions the words “we”, “us”, “our”, and “Thrive365” refers to Thrive365 LLC, and its websites, products, applications, content and services. When we refer to the “Website” or the “Site” we refer to www.thrive365.com and any other websites that form part of Thrive365. The words “You”, “Your”, “user”, “Users” refers to either a registered or unregistered user of Thrive 365. By visiting Thrive365, you accept these Terms and Conditions. We reserve the right, in our sole discretion, to modify, add or delete provisions of these Terms and Conditions at any time. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THRIVE365 CAREFULLY AND CHECK THEM PERIODICALLY. EACH TIME YOU USE THRIVE365, YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF USE.


PERMISSION TO USE THRIVE365
You must be 18 years or older to use Thrive365 and anyone under the age of 18 years of age is expressly prohibited from using the Thrive365 website or mobile application. This is because we are prohibited by the Children’s Online Privacy Protection Act from collecting information from anyone below the age of thirteen. In addition, the Thrive365 nutritional scoring algorithm is customized for adults.


CONSULT YOUR PHYSICIAN
Thrive365 is to be used as a guide for making food choices, the statements, content and products are not intended to diagnose, treat, cure or prevent any disease. Information accessible on this site is not a substitute for professional medical, dietary or nutritional advice. You should always consult with your personal physician, registered dietitian, or a certified diabetes educator (your "Diabetes Care Team") before changing or undertaking any diet or exercise program. These health professionals are in the best position to evaluate whether any particular diet or exercise program is best or right for you. Always follow the advice of your personal Diabetes Care Team: never disregard professional medical advice or delay in seeking it because of something you have read on this site, or based on any information given by the nutrition or fitness experts.

If you are currently receiving medical care and counseling for diabetes, we recommend that you continue to make your current resources your primary source of information and to consult with your Diabetes Care Team regarding the appropriateness of the information in Thrive365 for you and your specific medical needs before you make any changes. By using Thrive365 you are confirming that you have discussed Thrive365, in the context of your special health and lifestyle requirements, with your Diabetes Care Team and they actively endorse your use of Thrive365 subject to their guidance, and in the full understanding of any risks, errors or limitations.


DISCLAIMER
it is the responsibility of the User or anyone who may use information provided on Thrive365 or its associated applications, websites, blogs, social media, printed content or other platform to assure that any and all products they use in choosing meals or executing recipes are allergen free or otherwise suitable for their own dietary needs. No responsibility or liability is assumed by Thrive365 or its partner data sources for any errors in labeling or nutritional content or changes in ingredients or prepared products used in recipes and menu items that are the direct and indirect result of the actions and activities of the suppliers, distributors and purveyors of said ingredients and products. Thrive365 assumes no liability for inaccuracies or misstatements about products, meals, recipes, menu items or ingredients on Thrive365.   


INFORMATION SUPPLIED    
When using Thrive365, you will need to provide your email address, height, weight, gender, birth date and regular activity level as well as your Diabetes condition. We will use this information to calculate your personal Thrive365 score. We may also obtain your Facebook, Twitter or Foursquare details using this or other information that you provide us to help you find restaurants close by or to connect with associated social network sites and online communities.


PRIVACY
You agree that Thrive365 has the right to collect and process the personal information we collect from you in accordance with the Thrive365 Privacy Policy. Please review this policy, which also governs your use of Thrive365.


REVOCATION OF CONSENT
If you do not agree to be bound by these Terms and Conditions, please do not use or access Thrive365. We reserve the right to refuse or cancel your registration due to certain medical conditions. We also reserve the right to cancel or revoke your registration should you violate any provision of these Terms and Conditions, or any other posted policy on the Website, or for any other reason in our sole discretion. If your registration is canceled or revoked for any reason, you agree that you will not create a new account without our express written consent. If we cancel or revoke your registration, you will not receive a refund of any unused portion of any fees you may have paid to use certain parts of Thrive365.


COMMUNICATIONS
When you use Thrive365 or send email to us, you are communicating with us electronically. You consent to receive communications from Thrive365 using electronic means. We will communicate with you by email or by posting notices on the website or by sending alerts on your mobile app. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. In addition, you agree to receive any communications (including legal notices) at the email address provided in your Thrive365 membership account.


YOUR MEMBERSHIP ACCOUNT
If you use Thrive365, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of Thrive365; (b) maintain the security of your user identification, password, personal information, and any other confidential information relating to your Thrive365 account; (c) take responsibility for all charges resulting from use of your Thrive365 account, including unauthorized use prior to your notifying Thrive365 of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your personal information, including email address, as appropriate.


CANCELLING YOUR ACCOUNT
You can cancel your account at any time by emailing customer support at info@thrive365.com. Please note that fees are non-refundable and any unused portion of your subscription cannot be refunded should you choose to cancel your account before the end of the paid-for period of use.


PURCHASE AND BILLING
You do not need to pay to use certain parts of Thrive365. However Thrive365 provides a Premium Online Program and also a Premium Mobile Application, access to each of which requires payment. Please note that only credit cards may be used for payment and you may not use a debit card to make payments at this time. You agree to notify us immediately in writing or via email (at info@thrive365.com) if you discover that the card you provided for payment is a debit card. Thrive365 is not responsible for and will not reimburse you for any overdraft or bank charges that result from your use of a debit card to use any aspect of Thrive365.

Where you have chosen to use the premium paid program you agree to pay the periodic program fees set by Thrive365, applicable taxes, and any other charges and fees in order to use the paid program. Where you have chosen to use the Premium Mobile Application you agree to pay the one-time charge. You authorize us to charge your credit card for all one-time, current and recurring charges as appropriate. For the Thrive365 paid program, you authorize us to charge your credit card monthly, beginning with the day after any applicable free trial time ends (or at such other intervals, or on such other occasions, as may be our policy at that time). Your credit card will be charged each month until you cancel your membership. You may cancel your membership any time by emailing: info@thrive365.com.


LIMITATION OF LIABILITY
You expressly agree that you use Thrive365 at your sole risk. UNDER NO CIRCUMSTANCES SHALL THRIVE365, OUR PARTNERS, AFFILIATES OR OUR LICENSORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM (A) ANY PRODUCT OR SERVICE SOLD OR PROVIDED BY THRIVE365, (B) THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED BY THRIVE365 OR (C) THE INABILITY TO USE THRIVE365, OR THE WEBSITE OR OTHER LINKED WEBSITES, (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR OTHER DATA WITH THRIVE365 OR ON THE WEBSITE, (E) STATEMENTS, OPINIONS OR CONDUCT OF ANY THIRD PARTY PROVIDERS ON THRIVE365 OR ON THE WEBSITE, (F) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, EMAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE REGARDLESS OF ITS CAUSE, AND (G) ANY OTHER MATTER IN ANY WAY RELATED TO THRIVE365, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge that this paragraph shall apply to all content, merchandise, and services available through Thrive365. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.


DISCLAIMER OF WARRANTIES
WE PROVIDE THRIVE365 ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THRIVE365 OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED BY THRIVE365. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY THRIVE365 SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

We do not, nor do our affiliates or employees, warrant that Thrive365 will be uninterrupted or error-free. We do not, nor do our Partners or Affiliates, warrant or make any representation regarding the use of the information provided by Thrive365 or the results that may be obtained from the use of the information provided by Thrive365, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided by Thrive365.


LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of Thrive365. You agree not to assign, share, transfer or sublicense your rights as a registered user or Thrive365 subscriber. You may not download (other than page caching) or modify the Website, or any portion of it, without our express written consent. This license does not include any resale or commercial use of Thrive365, including the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Thrive365, including the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. Thrive365, including the Website or any portion thereof, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize any framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any metatags or any other hidden text utilizing the Thrive365 mark or our other service marks or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray us, our services, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use anyThrive365 logo or other proprietary graphic or trademark as part of the link without our express written permission.


THIRD-PARTY CONTENT
Thrive365 Content, including content obtained from our Partners, Affiliates or Licensors, and any other materials are to be used for informational purposes only. We are distributors and not publishers of the Content supplied by Users or parties other than us. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by us are those of the respective authors or distributors and not ours. Neither Thrive365 nor any third party, including any Licensor, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement made through Thrive365 by anyone other than our authorized employees. Under no circumstances shall we be liable for any loss, damage or harm caused by a User's reliance on information obtained through Thrive365. It is your responsibility, as a User, to evaluate the information, opinion, advice or other content available through Thrive365.

 


ONLINE CONDUCT
You agree to use Thrive365 only for lawful purposes. You are prohibited from posting on or transmitting through Thrive365 any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from Thrive365. Thrive365 may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website or Thrive365 generally; or (iii) to protect our rights or property or that of its Users, affiliates, or Licensors. We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be harmful to us, individual Users, the Website, or any rights of any third party, or to violate any applicable law. Notwithstanding the foregoing, Thrive365 cannot ensure prompt removal of questionable content after online posting. Accordingly, we shall not assume liability for any action or inaction with respect to conduct, communication, or content on Thrive365.


LINKS TO OTHER SITES
Thrive365 may reference or link to third-party sites throughout the Internet. We have no control over these third-party sites or the content within them. We cannot and do not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. We do not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. We do not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using Thrive365 to search for or link to another third-party site, you agree and understand that you may not make any claim against us for any damages or losses, whatsoever, resulting from your use of Thrive365 to obtain search results or to link to another site.


IF YOU SUBMIT MATERIAL TO US
If you submit material to us:

  • All suggestions, ideas, graphics, or other information that you communicate to Thrive365 become and remain our property, even if this agreement is later terminated. This means that:
  • We don't have to treat any such submission as confidential.
  • You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
  • If we use them, or anything like them, we do not have to pay you or anyone else for them.
  • We will have exclusive ownership of all present and future rights to submissions of every kind.
  • You acknowledge that you are responsible for any submission you make; in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

 

TRADEMARKS AND COPYRIGHTS
Thrive365, Thrive365.com, and the related logos and other marks indicated throughout Thrive365 are the exclusive property and trademarks of Thrive365. Thrive365 owns or has the right to use all of the copyrights on the Website and elsewhere throughout Thrive365 (including the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software). Thrive365 reserves all rights in its trademarks and copyrights.

You agree not to copy, distribute, display, disseminate or otherwise reproduce any of the information on our website and mobile application without our prior written consent. This includes copying menu items and nutrition information submitted to us. Additionally you agree not to copy the look and feel of our website, application or its design without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.


INDEMNITY
You agree to defend, indemnify, and hold Thrive365, its officers, directors, employees, partners and Licensors harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions, improper use of Thrive365, your infringement or any improper use by any other user of your account.


ASSIGNMENT
You may not assign your rights and/or obligations under these Terms and Conditions to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion without restrictions.  


AMENDMENTS
Thrive365 may make changes to these terms at its sole discretion. If we make any changes to these terms we will notify you by posting the new version of the Terms on the Thrive365 website. It is your responsibility to check the website for such postings from time to time. You may also be asked to re-acknowledge and re-accept the Terms following any material changes. Each time you use Thrive365, you will be deemed to have accepted these changes.   


APPLICABLE LAW
Thrive365 is created and controlled by us in the State of Delaware. As such, the laws of the State of Delaware will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You consent solely to the jurisdiction of the State of Delaware for any litigation arising out of or relating to the use of Thrive365 or Thrive365-related purchases made through the Website, or elsewhere (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the Delaware courts and agree not to plead or claim in any Delaware court that such litigation brought therein has been brought in an inconvenient forum.


TERM AND TERMINATION
These terms will become effective in relation to you when you start using Thrive365 and will remain effective until terminated by you or Thrive365.

 


ENTIRE AGREEMENT
These Terms and Conditions together with the Thrive365 Privacy Policy are the entire agreement between you and us relating to the subject matter herein. They supersede any prior Terms and Conditions, whether written or oral. You agree and accept that you have not accepted these Terms in reliance of or to any oral or written representations made by Thrive365 not contained or reference in this agreement of the Thrive365 Privacy Policy.


CONTACTING THRIVE365
You may contact us by sending an email to info@thrive365.com.