Terms of Service
Living-Now, Inc. - Thrive and Awaken - Terms of Service
Last Updated: January, 2021
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Living-Now, Inc., by and through its Thrive and Awaken educational program (“T&A”, “we”, or “us”) have adopted these Terms of Service. T&A provides a self-help educational service, online community service and related products, services, content and features through thriveandawaken.com website, accessed through mobile, tablets, desktop, or device applications (including iOS and Android applications (“Apps”)) and T&A controlled social media pages (including, for example, on Facebook, Instagram, Twitter, Vimeo and YouTube). To make these Terms easier to read, the T&A websites, along with the T&A controlled social media pages are collectively called the “T&A Service” or “the Services”. By registering as a member or by visiting, browsing, or using the T&A Service in any way, you (as a “user”) accept and agree to be bound by these Terms of Service (“Terms”), which forms a binding agreement between you and T&A.
If you do not wish to be bound by these Terms, you may not access or use the T&A Service. Certain elements of the T&A Service may be subject to additional terms and conditions specified from time to time; your use of those elements of the T&A Service is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
- Who May Use the T&A Service
Age Requirement. You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to register with and use the T&A Service
We may, in our sole discretion, refuse to offer the T&A Service to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you, and the right to access and use the T&A Service is revoked where these Terms or use of the T&A Service is prohibited or conflicts with any applicable law, rule or regulation. Further, the T&A Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
- License to Use the T&A Service
License. Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the T&A Service, T&A grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the T&A Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the T&A Service. This license grant is subject to you agreeing to and abiding by the T&A Intellectual Property provisions included herein. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or T&A.
Restrictions. Except as expressly permitted in writing by an authorized representative of T&A, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the T&A Service or T&A Content, nor will you take any measures to interfere with or damage the T&A Service. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the T&A Service, including use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by T&A in these Terms are reserved.
What information we may collect about you;
What we use that information for; and
With whom we share that information.
- Membership Registration Requirements
To enjoy access to the T&A Service, you must register as a member of the T&A Service and enter into an agreement for access to T&A classes, Content and features (“Membership Terms”). You must provide complete and accurate registration information to T&A, complete the registration process, and notify us if any of your information changes.
Classes and Membership. Participation in our classes requires an account registered on our website in order to sign up for classes and/or purchase memberships. Additional information about our classes and memberships is available on our website.
Profile Information. You may not use someone else’s name, or any name, location, other public profile information or image that violates any third party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in T&A’s sole discretion).
Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the T&A Service. If you become aware of an unauthorized access to your account, change your password and notify T&A immediately at email@example.com.
- Memberships and Fees
T&A will provide information on its then-current membership requirements on the T&A website. Features and prices are subject to change.
- Sale of Products
T&A accepts orders for any products, such as apparel or accessories, that we may offer through the T&A website. Unfortunately, availability of products cannot be guaranteed.
Unless otherwise specified at the time of purchase, you must pay for products when you place the order. All products ordered will be delivered to the shipping address you provide. We reserve the right to cancel an order placed by you at any time and for any lawful reason prior to our delivery of the product(s) and receipt of payment in full from you, provided that we will refund any fees that you prepaid for those products if we cancel. We may send an acknowledgment of receipt of your order to the email address you provide and/or proof of purchase information after your payment has been processed.
- Termination; Account Deletion
Term. These Terms begin on the date you first use the T&A Service and continue as long as you have a T&A account.
Termination. T&A may, in T&A’s sole discretion, suspend, disable, or delete your account (or any part thereof) for any lawful reason, including if T&A determines that you have violated these Terms or that your conduct would tend to damage T&A’s reputation or goodwill. If T&A deletes your account, you may not re-register for or use the T&A Service under any other user name or profile. T&A may block your access to the T&A Service to prevent re-registration.
Effect of Termination / Account Deletion. Upon termination of these Terms, all licenses granted by T&A will terminate. The following sections survive termination: Privacy (Section 3), Indemnification (Section 9), No Warranties (Section 11), Limitation of Liability (Section 12), Safety Warnings (Section 13), Intellectual Property (Section 14), Governing Law and Jurisdiction (Section 15), and all general provisions. In the event of account deletion for any reason, Content may no longer be available and T&A is not responsible for the deletion or loss of such Content. For clarity, if you cancel your Membership or it is terminated for any reason, you will lose access to all classes and any other Content or features provided through the T&A Service.
- General Prohibitions and T&A’s Enforcement Rights
You agree not to do any of the following:
Post, upload, publish, submit or transmit any T&A Content or engage in any activity that:
infringes, misappropriates or violates any patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading or deceptive;
is defamatory, obscene, pornographic, vulgar or offensive;
promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
exploits minors or
promotes illegal or harmful activities or substances;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by T&A or any of T&A’s providers or any other third party (including another user) to protect the T&A Service or Content;
Bypass any territorial restrictions, including IP address-based restrictions, that may be applied to the T&A Service;
Attempt to access, scrape or search the T&A Service or Content or download Content from the T&A Service, including through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by T&A or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation related to T&A;
Use any meta tags or other hidden text or metadata utilizing a T&A trademark, logo URL or product name without T&A’s express written consent;
Use the T&A Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms or permitted expressly in writing by T&A;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the T&A Service or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the T&A Service or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the T&A Service;
Collect or store any personally identifiable information from the T&A Service from other users of the T&A Service without their express permission;
Copy, use, index, disclose or distribute any information or data obtained from the T&A Service, whether directly or through third parties (such as search engines), without T&A’s express written consent;
Alter, replicate, store, distribute or create derivatives from the Content available via the T&A Service except as expressly permitted in writing by T&A;
Impersonate or misrepresent your affiliation with any person or entity;
Access, use or exploit the T&A Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with T&A or the T&A Service;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the T&A Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the T&A Service, to ensure compliance with these Terms, to comply with applicable law or other legal requirements and to maintain the integrity and reputation of the T&A Service and T&A’s systems. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the T&A Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You agree to indemnify, defend, and hold harmless T&A and its directors, officers, employees, owners, and agents, from and against all claims, damages, losses and costs that arise from or relate to
your activities related to use of the T&A Service, or
your violation of these Terms.
- Third Party Links and Content
There may be links on the T&A Service that let you leave the particular T&A Service you are accessing in order to access a linked website that is operated by a third party. T&A neither controls nor endorses these websites, nor has T&A reviewed or approved the content that appears on them. T&A is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any such third party websites. You acknowledge and agree that T&A is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third party websites.
- No Warranties
T&A reserves the right to modify the T&A Service, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the T&A Service, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the T&A Service.
T&A provides the T&A Service on an “AS IS” and “AS AVAILABLE” basis. You therefore use the T&A Service at your own risk. Other than as expressly provided in writing by T&A in connection with your purchase of a T&A product, to the extent permitted by law, T&A expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment and any other warranty that might arise under any law. Without limiting the foregoing, T&A makes no representations or warranties:
That the T&A Service will be uninterrupted or error-free;
Concerning any Content;
That the T&A Service will meet your personal needs;
That T&A will continue to support any particular feature of the T&A Service; or
Concerning websites and resources outside of the T&A Service, even if linked to from the T&A Service.
To the extent that another party may have access to or view Content on your device, you are solely responsible for informing such party of all disclaimers and warnings in these Terms. TO THE EXTENT ANY DISCLAIMER OR LIMITATION OF LIABILITY DOES NOT APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL APPLICABLE EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WILL BE LIMITED IN DURATION TO A PERIOD OF 30 DAYS AFTER THE DATE ON WHICH YOU FIRST USED THE T&A SERVICE, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
- Limitation of Liability
To the fullest extent permitted by law:
T&A shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, economic or pure economic losses, goodwill, use, data, service interruption, computer damage, system failure, inability to use the T&A Service or Content or other intangible losses, even if a limited remedy set forth herein is found to have failed its essential purpose; and
T&A’s total liability to you for all claims, in the aggregate, will not exceed the amount actually paid by you to T&A over the 12 months preceding the date your first claim(s) arose.
If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation does not apply to you. To the extent that one or any aspect of T&A’s limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between T&A and you.
- Safety Warnings
THE T&A SERVICE OFFERS WELLNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR MENTAL HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE T&A WEBSITE OR HEARD ON THE T&A SERVICE. THE USE OF INFORMATION PROVIDED THROUGH THE T&A SERVICE IS SOLELY AT YOUR OWN RISK AND IS NOT MEDICAL, PSYCHOLOGICAL OR HEALTHCARE ADVICE.
NOTHING STATED OR POSTED ON THE T&A WEBSITE OR AVAILABLE THROUGH ANY T&A SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PSYCHOLOGICAL CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE T&A SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, T&A MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE T&A SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
T&A reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
- Intellectual Property Acknowledgment
You acknowledge and agree that your use of the T&A Services and any Content contained therein is dependent upon you agreeing to and abiding by the T&A Intellectual Property provisions included here at all times. You further acknowledge that the T&A Service contains software and other content that is protected by copyrights (including, without limitation, the Digital Millennium Copyright Act), patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All T&A-generated content, and content provided to T&A by its partners and licensors, is copyrighted individually and/or as a collective work under the U.S. copyright laws and all applicable international copyright (or equivalent) laws in all jurisdictions and protected under other intellectual property laws worldwide; further, as between you and T&A, T&A own intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the T&A Service.
- Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Ohio, United States of America, without regard to principles of conflicts of law. If your contract for the T&A Service is with another T&A entity, these terms shall be governed by the laws of the jurisdiction under which that T&A entity is incorporated, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.
- Interpretation; Severability; Waiver; Remedies
Headings are for convenience only and shall not be used to construe these Terms. If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by T&A in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of T&A. T&A’s rights and remedies hereunder are cumulative and not exclusive.
- Successors; Assignment; No Third Party Beneficiaries
These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without T&A’s prior written consent. T&A may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.
You consent to receive all communications including notices, agreements, disclosures, or other information from T&A electronically. T&A may communicate by email or by posting to the T&A Service.
We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know by, at a minimum, posting the updated Terms (as indicated by a revised “Last Updated” date at the top of our Terms page) on the T&A website and/or through the T&A Service. Modifications will be effective on the date that they are posted to the T&A website. It is important that you review the Terms whenever we update them before you use the T&A Service. If you continue to use the T&A Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the T&A Service anymore. Because the T&A Service is evolving over time, we may change or discontinue all or any part of the T&A Service, at any time and without notice, at our sole discretion.
- Entire Agreement
These Terms incorporate the following legal documents by reference, as well as any other policies or procedures referenced herein that are posted to the T&A website from time to time:
In the event of a conflict between any policies posted on the T&A Service and these Terms, these Terms will control. These Terms represents the entire understanding between T&A and you regarding the T&A Service or Content and supersede all prior agreements and understandings regarding the same. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Force Majeure
T&A shall not be liable for any failure or delay in performance under these terms for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, epidemics, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means.