Thrive Telehealth, LLC (referred to as “Thrive Telehealth,” “Thrive,” “us,” “our” or “we”) provides the https://thrivehrt.com/ website (the “Site”), related software products, and the services described in more detail below (together referred to as the “Services”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using the Services, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.
Please do NOT use the Services for emergency or urgent medical matters. For all urgent or emergency matters that you believe may immediately affect your health, you should immediately call 911 or go to the nearest emergency room or urgent care facility.
BY COMPLETING THE REGISTRATION PROCESS, CONTACTING US, AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW AND REFRAIN FROM USING THE SERVICES NOW. YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICES, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICES, IS TO STOP USING THE SERVICES AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SERVICES.
CONTENT DISCLAIMER
THE CONTENT ON THE SITE IS NOT A REPLACEMENT FOR SEEKING PROFESSIONAL CARE AND/OR ADVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE. UNLESS WE AGREE OTHERWISE, WE ARE NOT YOUR PHYSICIAN OR MEDICAL PROVIDER. UNTIL WE AGREE TO BE YOUR MEDICAL PROVIDER, WE DO NOT HAVE ALL THE FACTS OF YOUR PARTICULAR CASE, NOR DO WE HAVE ANY AGREEMENT TO TREAT YOU UNTIL SUCH AGREEMENT IS IN PLACE BETWEEN YOU AND US. ACCORDINGLY, BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT PROVIDING YOU WITH MEDICAL ADVICE, NUTRITION ADVICE, EXERCISE ADVICE, OR WEIGHT LOSS ADVICE OF ANY KIND UNLESS AND UNTIL WE HAVE AN AGREEMENT TO DO SO. YOUR RELIANCE ON ANY CONTENT AVAILABLE ON OR THROUGH THE SITE IS AS-IS, AND YOU ASSUME ALL RISK FOR THE RELIANCE THERE ON.
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IMPORTANT NOTICE
PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS, SUBJECT TO SOME LIMITED EXCEPTIONS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE CAREFULLY REVIEW THE SECTION ON “DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE” FOR MORE INFORMATION.
Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or any other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.
These Terms of Use are effective as of August 1, 2024. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and to be aware of any modifications. Your continued use of the Services after such modifications will constitute your acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Services and/or any services provided by us.
1. Services and Permissions
We are not your primary care providers. Rather, the Services include the delivery of general lifestyle and medical advice, which may include advice related to exercise, nutrition, concierge prescription services, hormone replacement therapy, and weight loss advice, and we perform these Services by using technology when the provider and patient are not in the same physical location, and/or the virtual delivery of services, including by one of our providers or via digital or automated tools, including without limitation tools for tools related to treatment. In order to use our Site and any services provided therein, you agree that you have seen your primary care physician within the past 6 months, will undergo an annual physical, and will receive in-person medical screenings from your primary care physician at least twice each year.
The Services may be used for diagnosis, treatment, care, follow-up and/or education, and may include, without limitation, the following: electronic transmission of your medical records, medical images, and/or other patient data or information; synchronous and asynchronous
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interactions via audio, video, text, and/or data or other electronic communications; automated, electronic or digital tools or services for diagnosis, care, treatment and/or communication pertaining to your health; and output, transmission or exchange of data from medical devices, sound and video files.
You understand that it may be possible that you cannot be treated via the Services, or that information transmitted through the Services may not be sufficient or of too poor of image quality, or insufficient information or data to allow for appropriate decision making. Accordingly, we may refuse to treat you, you may be required to seek additional in-person medical care, we may refer you to your primary care physician, or you may be required to seek alternative care or emergency services.
You understand that virtual encounters via phone, email, video, or otherwise, could involve, and you hereby consent to the use of, automated tools for diagnosis, care, treatment or communication pertaining to care. You also acknowledge that such virtual encounters may involve care by a variety of medical providers and other support or personnel.
You give permission to record and process your personal details and health or medical data. You may withdraw these permissions at any time by no longer seeking the Services.
Thrive Telehealth is not an insurance provider nor are we a prescription fulfillment warehouse. Our role is limited to making certain information and services available to you and/or facilitate your access to lifestyle advice, health education, weight management, exercise information, hormone replacement therapy, concierge prescription services, and nutritional guidance services. We will not provide any medication directly to you. Rather we partner with labs that will ship your prescriptions or we may call it in to your local pharmacy for pickup.
By registering for the Services, you represent and warrant the following: (i) you are at least eighteen (18) years of age, (ii) you have the legal ability and authority to enter into these Terms and Conditions with Thrive Telehealth, (iii) the information you have provided to us in your registration is accurate and complete, (iv) you will comply with any and all laws applicable to your use of the Site or Services, (v) you will not interfere with a third party’s use and enjoyment of the Site and Services, (vi) you will not interfere with or disrupt Thrive Telehealth’s or its vendors’ security measures, (vii) if any information you provide to us becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify us, (viii) you acknowledge that access to the Services provided by us are not “insured services” under any health plans or insurance, and (ix) you are accessing the Site and Services for yourself only.
You, as the user, may be responsible for creating a user account and submitting data through email, a portal that we dictate, or by some other method agreed on with us. Depending on the services that you order, we will deliver them in the way we agree and will communicate with you based on the services you have requested. Additionally, it is your responsibility to present your medical data to your physician for further analysis and diagnosis.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement with Thrive Telehealth, LLC by any means, including our Site, in accordance with all
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terms and conditions herein.
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you, or any third party, should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based services, or changes to limitations on allowable file sizes, unless we have an agreement with you stating otherwise. Any new features that augment or enhance the then-current Services shall also be subject to these Terms of Use.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
Further, Thrive Telehealth, LLC shall be excused from any delay or failure in performance required as a part of the Services if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, acts of government, epidemic, pandemic or global health crisis, fire, ordinances or regulations, strikes, earthquakes, floods, explosions, or other acts of nature. The obligations of Thrive Telehealth, LLC so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.
You understand and agree that the services available on the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery of third party suppliers.
2. Your Financial Responsibility
We do not accept insurance. As such, you agree to pay for all applicable charges at the prices then in effect for the Services provided to you or another person on whose behalf you are accepting these Terms and/or payment responsibility (such as your children or other family members). Some insurance providers may reimburse you for our Services, but it is up to you to seek reimbursement.
You will be charged for the Services. You authorize us to charge your chosen payment method (your “Payment Method”) for the Services provided. If your Payment Method is invalid at the time payment is due, you agree to pay all amounts due upon demand. The third party services provider who manages your Payment Method may impose terms and conditions on you, which are independent of these Terms, and you agree to comply with all of those terms. We may accumulate charges that you’ve incurred for the Services and submit them as one or more aggregate charges during or at the end of each billing cycle. We reserve the right to correct any billing errors or mistakes even if payment has already been requested or received.
WE MAKE NO REPRESENTATION OR WARRANTY, HOWEVER, THAT YOUR INSURANCE OR HEALTH PLAN WILL REIMBURSE YOU FOR ANY SERVICES THAT WE PROVIDE.
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3. Registration Data and Privacy
In order to access some of the Services, you may be required to create a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. Such account will be created and accessed via a third party platform that specializes in HIPAA compliance. Your use of that platform will be subject to their terms of use and privacy policy. And by registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the Services, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.
4. Use of the Services
Your use of the Services is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Site and Services. By utilizing the Services, you agree:
a) not to use the Services in any way not explicitly permitted by these Terms; b) you will not do anything that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies
c) you will not do anything that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) not to copy, modify or create derivative works involving the Services;
e) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; f) upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
g) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or their network;
h) not to misrepresent your identity or provide us with any false information in any information-collection portion of the Services;
i) not to take any action intended to interfere with the operation of the Services; j) not to access or attempt to access any portion of the Services to which you have not been explicitly granted access;
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k) not to share any password assigned to or created by you with any third-parties or use any password granted to or created by a third party;
l) not to directly (or indirectly) authorize anyone else to take actions prohibited in this section; m) harvest or otherwise collect information about others, including email addresses, phone numbers or protected health information without their consent;
n) violate any applicable laws or regulations;
o) to comply with all applicable laws and regulations while using the Services or any related websites or software products.
p) you will not do anything that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
q) you will not do anything that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
r) you will not do anything to impersonate any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Services may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Services or other similar services. Users who violate systems or network security may incur criminal or civil liability.
5. Consent to Electronic Communications
You agree that we may send the following to you by email or by posting them on our Site and any relate software products: legal disclosures; these Terms; our Privacy Policy; changes to any of the above; and other notices, policies, communications or disclosures and information related to the Services. You agree that we may contact you via secure messaging, email, phone, text, or mail regarding the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy.
If you later decide that you do not want to receive certain future communications electronically, please send an email to [email protected]. You may also opt out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from us, except that you may not be able to opt out of certain of these text or other electronic communications relating to your care or visit.
Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.
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We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to these Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you.
6. Third Party Sites and Information
The Services may link you to other websites on the internet or otherwise include references to information, documents, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, those services or parties by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Copyright 2024 Thrive Telehealth, LLC All Rights Reserved.
For purposes of these Terms of Use, “content” is defined as any information, communications, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site.
By accepting these Terms of Use, you acknowledge and agree that all content presented to you on the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Thrive Telehealth, LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify any content, documents, or information from the Services in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Services.
You are only permitted to transmit or distribute our content that is available on or through the Services if information, images, and/ or reference materials remain wholly intact to include our logos and other branding information. Any unauthorized use of the materials appearing on or through the Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Services will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on the Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo,
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and/or the name of Thrive Telehealth, LLC or its Affiliates.
8. User’s Materials and Submission
Subject to our Privacy Policy, any communication or material that you transmit by using the Services or to us, whether by electronic mail or other means, for any reason, will be treated as non confidential and non-proprietary.
Please do not submit confidential or proprietary information to us unless we have mutually agreed to receive it, which will occur after you purchase an introductory evaluation, but not before. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
You are solely responsible for the materials that you share, email, transmit, or otherwise make available to us via submission.
Unless and until we agree to receive it, by making a submission, you understand and agree that the transmit of information will not be protected in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Once we agree to receive it, we will store and manage all health information in your password protected account following HIPAA guidelines. You agree that you must evaluate, and bear all risks associated with your disclosure of any submission, transmission and storage of personal information.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of the Services believes its copyright, trademark or other property rights have been infringed by a posting on the Services, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty
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of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Thrive Telehealth, LLC
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Services without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THAT YOU WILL RECEIVE ANY SORT OF PRESCRIPTION OR MEDICAL INTERVENTION, (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROFESSIONAL BASED UPON DATA COLLECTED, TRANSMITTED, OR DISPLAYED BY, ON OR THROUGH OUR SITE, WHETHER SUCH DATA IS ACCURATE OR INACCURATE. YOU UNDERSTAND THAT UNLESS WE AGREE OTHERWISE, WE ARE NOT PROVIDING YOU WITH MEDICAL TREATMENT, MEDICAL ADVICE OR MEDICAL CARE IN ANY WAY WHATSOEVER UNLESS WE AGREE TO DO SO. RATHER, THROUGH THE SITE WE ARE PROVIDING YOU WITH GENERAL INFORMATION ABOUT THE AREAS OF MEDICINCE WHERE WE PRACTICE AND NOTHING SHOULD BE CONSTRUED AS MEDICAL ADVICE UNLESS IT IS GIVEN TO
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YOU BY ONE OF OUR PROVIDERS. YOUR MEDICAL CARE AND TREATEMENT IS YOUR SOLE RESPONSIBILITY JUST AS IT IS TO FOLLOW ANY RECOMMENDATIONS THAT ARE PROVIDED BY YOUR MEDICAL PROVIDERS OR ANY DRUG LABELS OR INSTRUCTIONS. YOU FURTHER ACKNOWLEDGE THAT OUR SERVICE IS NOT INTENDED TO SUBSTITUTE FOR CONSULTATION WITH A PRIMARY CARE PHYSICIAN. YOU AGREE TO HAVE AN ANNUAL PHYSICAL EXAM, TO HAVE SEEN YOUR PRIMARY CARE PHYSICIAN FOR AN IN-PERSON MEDICAL SCREENING WITHIN THE PAST 6 MONTHS, AND TO HAVE AT LEAST TWO IN-PERSON MEDICAL SCREENINGS WITH YOUR PRIMARY CARE PHYSICIAN EACH YEAR IF YOU WISH TO CONTINUE RECEIVING OUR SERVICES. IF YOU HAVE A LIFE THREATENING EMERGENCY, PLEASE CALL 911 OR YOUR LOCAL EMERGENCY RESPONSE UNIT.
THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THE SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Services, you may have the opportunities to engage in transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Thrive Telehealth, LLC spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Services for further information, which policies are incorporated by reference into these Terms of Use.
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10. Limitation of Liability
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of the Services shall be limited to the amount you paid us for the services on the Services during the three (3) month period before the act giving rise to the liability.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY DUE TO THE SERVICES PROVIDED HEREUNDER OR THE SELF-ADMINISTRATION OF ANY MEDICATION THAT MIGHT BE PRESCRIBED BY US, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICES OR FOR ASSISTANCE IN CONDUCTING TRANSACTIONS THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIAL THAT IS PUBLISHED ON THE SERVICES OR ANY SERVICES PROVIDED THROUGH THE SITE. ADDITIONALLY, WE SHALL NOT BE HELD LIABLE IN ANY WAY FOR RISKS ASSOCIATED WITH THE TRANSMITTAL AND SUBMISSION OF HIPAA RELATED MATERIALS INCLUDING, BUT NOT LIMITED TO, MEDICAL REPORTS/FILES AND OTHER PERSONAL HEALTH INFORMATION. YOU FURTHER AGREE THAT YOU ASSUME ALL RISK FOR TRANSMISSIONS OF SUCH INFORMATION.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
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Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection therewith. These Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.
13. Dispute Resolution and Agreement to Arbitrate
By using the Services, you and Thrive Telehealth, LLC agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, any services or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such disputes shall be exclusively submitted to the American Arbitration Associate (“AAA”) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The location of any hearings will be determined by the applicable AAA rules, provided that if the claim is for $10,000 or less, we
may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and we agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The prevailing party shall be awarded its reasonable attorneys fees and court costs.
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Notwithstanding the foregoing, we may file an individual claim in court to enjoin the infringement or other misuse of our intellectual property rights, provided that any such claim is brought and maintained on an individual basis.
Notwithstanding the foregoing, this Section shall not apply to disputes related to your nonpayment of any fees due for your use of the Services. In the event that we are owed fees for the Services provided to you, you acknowledge and agree that we may seek payment through the judicial system or through collections. In the event that we must obtain legal counsel to collect any unpaid fees from you, you agree to indemnify us from and against any and all costs of collection of such fees, including attorney fees and court costs at the trial and appellate levels. In addition to all other remedies, we also reserve the right to discontinue providing you with the Services if any overdue fees are not paid by you within fifteen (15) days.
14. Governing Law; Venue for Arbitration
The Services are controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing the Services both of us agree that the statutes and laws of the State of Florida, without regard to the choice or conflict of law principles thereof, will apply to all matters relating to the use of the Services and the purchase of products and services available through the Services. We further agree that any arbitration hereunder will be conducted in Manatee County, Florida.
15. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at [email protected]. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Services to inform you of changes to the Services or other matters of importance, and such broadcasts shall constitute notice to you.
16. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
Site Terms and Conditions of Use
17. Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us, or our Affiliates must be instituted through arbitration within one (1) year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of the Services, or use of or access to the Services.
In addition to any excuse provided by applicable law, we shall be excused from liability for non delivery or delay in delivery of products and services available through our Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, pandemic, epidemic or health crisis, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
18. Contact Information
Except as explicitly noted on the Services, the services available through the Services are offered by Thrive Telehealth, LLC, a Florida limited liability company. You may contact us by email at [email protected]. You may contact us by phone at 404-512-2307.
Site Terms and Conditions of Use
