Last Updated: January, 2024
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, courses, 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.
1. 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, unless otherwise set forth herein, the T&A Service is offered only for your personal, non-commercial use, and not for the use or benefit of any third party.
2. 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, or pursuant to a current, paid Professional Membership, 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.
In the event a Membership Holder of a current, paid Professional Membership desires to display the T&A Content in connection with providing their professional services on a face-to-face basis to their own personal mentees, clients or students, then, in that event, a limited license to such Membership Holder is granted solely to display Content to such individuals, and is permitted only during the term of such current, paid Professional Membership.
3. Privacy
Our Privacy Policy forms a part of these Terms. Please review the Privacy Policy to learn about:
What information we may collect about you;
What we use that information for; and
With whom we share that information.
4. 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 courses, 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.
Courses and Membership. Participation in our courses requires an account registered on our website in order to sign up for courses and/or purchase memberships. Additional information about our courses 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 info@thriveandawaken.com.
5. 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.
6. 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.
7. 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 courses and any other Content or features provided through the T&A Service.
8. 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 or criminal 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; 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, unless explicitly permitted herein, 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;
Object to the inclusion of user submitted content as part of the T&A Content, when such user submitted content was voluntarily submitted or posted by the creator of the user submitted content;
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, and any violation may result in immediate and irreparable harm to T&A that money damages alone may be inadequate to compensate. As a result, T&A will be entitled to seek equitable relief, including but not limited to a temporary restraining order, temporary injunction or permanent injunction without the posting of a bond or other security for any such alleged violations. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. Indemnification
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:
activities related to and resulting from use of the T&A Service, or
your violation of these Terms.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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 owns intellectual property rights in the selection, coordination, arrangement and enhancement of all content in the T&A Service.
15. Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Virginia, 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.
16. 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.
17. 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.
18. Notices
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.
19. Modification
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.
20. 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:
Privacy Policy
Refund and Return Policy
Membership Terms
Community Guidelines
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.
21. 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.
Effective date of current Privacy Policy: January 19, 2024
HIGHLIGHTS:
Welcome to our Privacy Policy! Living-Now, Inc., through its Thrive and Awaken® educational program (“T&A”, “we”, or “us”) have adopted this Privacy Policy to let you know how we treat the information that we collect from you online, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information. This Privacy Policy supplements and forms a part of the T&A Terms of Service (the “Terms”).
1. SCOPE
This Privacy Policy applies to Personal Information that is processed by T&A in the course of our business, including via the T&A Site, any computer interfaces, and through any of our courses, Apps, forums, social media accounts, blogs, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of T&A, the “Services”). All individuals whose responsibilities include the processing of Personal Information on behalf of T&A are expected to protect that data by adherence to this Privacy Policy.
Residents of California should be aware that California law affords them certain rights regarding their Personal Information.
2. TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with T&A and the requirements of applicable law. Some of the ways that T&A may collect Personal Information include:
You may provide Personal Information directly to T&A through interacting with T&A and its Services (including when you become a member or purchase a course), participating in surveys, during events, promotions, requesting services or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
It is our goal to collect only that information which is relevant for the purposes of processing Personal Information. Below are the ways we collect Personal Information and how we use it.
3.1 TYPES OF PERSONAL INFORMATION WE COLLECT
T&A collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively “Individuals”).
Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as purchasing T&A products or Services, participating in a course, we may ask you to provide some or all of the following types of information.
Purchases. When you choose to purchase T&A products or Services from us including products, such as apparel or courses, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (such payment information, “Financial Information”). Our refund and return policy can be found at our Site. Unless we tell you otherwise at the time of your purchase, your Financial Information is processed by our third-party processors and we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 3.5 (“Third-Party Payment Processing”) below. We will also collect a username and password in connection with any account created related to providing our Services.
Anytime you log in to participate in a course, we will collect additional Personal Information, such as the total number of courses taken, the dates you took those courses, and any other information that may be available from time to time. T&A Services that are specifically designed to be compatible and used on devices, such as mobile phones, smart TVs, and tablets may collect certain information that your device sends when you use such Services, like a device identifier, user settings, location information, carrier and the operating system of your device. In such cases, information about use of these Services may be associated with accounts. In addition, T&A may enable you to download an application, or other tool that can be used on mobile, tablet or other devices. Some of these tools may store information on your devices. These tools may transmit Personal Information to T&A to enable you to access accounts and to enable T&A to track and improve use of these tools.
You acknowledge that your Personal Information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow T&A to identify you and therefore you may not be anonymous.
Images and Likeness. We may capture your visual image, voice and likeness (e.g., via photographs and/or video) if you participate in our courses and may make use of such images or likenesses solely for T&A promotional purposes, for example, in videos offered to other members of the T&A website. Additionally, T&A Apps may contain a camera or microphone.
Other Personal Information. T&A may also collect other information from you as a result of your use of our Services, such as course attendance history, participation and purchase history. We may associate this information with other Personal Information that you have provided in order to improve and provide targeted Services that may be of interest and as otherwise described in this Privacy Policy.
Surveys. T&A will occasionally request you complete a survey. For example, when you first become a member you’ll receive an Initial Survey asking questions like what country you live in. Identifying information is never shared with others. It merely helps us know what types of content and services to provide specific to your needs.
Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services, register to receive T&A communications over email or text messaging, participate in promotional programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.
Posting on the T&A Website or Third-Party Services. T&A may offer publicly accessible blogs, social media pages, product review pages, video chat, community forums or user biographies. You should be aware that, when you disclose information about yourself on publicly available T&A blogs, social media pages, product review pages, community forums, user biographies and within any video chat sessions, T&A will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content, including reviews or community forums, to any public area of the Services or on any public sites operated by third parties, such content will be considered “public,” in the “public domain,”will not be subject to the privacy protections provided in this Privacy Policy, and may be used by T&A at the website and for promotional purposes.
Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through social media sites such as YouTube or Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to T&A and to enhance our ability to provide you with information about our business and Services.
3.2 HOW T&A USES YOUR INFORMATION
To Provide Services or Information Requested. T&A may use information about you to fulfill requests for products, Services or information, including information about potential or future services, including:
Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
Provide access to certain areas, functionalities, and features of T&A’s Services;
Assist with monitoring your usage trends;
Personalize information for you based on your settings and your historical information or data;
Provide Services to you;
Review and contact you to answer requests for member support or technical support; and
Allow you to register for courses and events.
Administrative Purposes. T&A may use Personal Information about you for its administrative purposes, including to:
Measure interest in T&A’s Services;
Develop new products and Services;
Ensure quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on T&A’s Services, and, in T&A’s discretion, changes to any T&A policy;
Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
Process payment(s) for purchases;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Maintain and administer our Services; and
Enforce our Terms.
Marketing T&A Products and Services. T&A may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or services. T&A may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law. Such uses include:
To tailor content and offers;
To notify you about offers, products and services that may be of interest to you or about which you have previously expressed an interest;
To provide Services to you; or
For other purposes disclosed at the time that Individuals provide Personal Information.
Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for T&A marketing purposes, as further described in Section 5 below.
Direct Mail and Email. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on T&A’s products and Services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
Anonymous and Aggregated Information Use. T&A may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access T&A’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various Services. Anonymized or aggregated information is not Personal Information, and T&A may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within T&A for our purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Other Uses. T&A may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
3.3 COOKIES
We may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, Services, applications, messaging and tools, and to recognize you across devices (“Site”).
Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work as intended.
Social Media Widgets. The Site includes social media features such as links to Facebook, Instagram, X (formerly known as Twitter), YouTube and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.
3.4 THIRD-PARTY WEBSITES and SOCIAL MEDIA PLATFORMS
The Service may contain links to other websites and other websites may reference or link to the T&A Site or other Services. We do not control these other domains and websites, and T&A does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.
T&A’s Services may include publicly accessible blogs, vlogs, videos, posts, community forums, message boards or private messaging. The Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
You should be also be aware that some Personal Information, including content,that you voluntarily include and transmit online in a publicly accessible blog, social media platform or otherwise online, or that you share in an open forum, such as at our Site, including through blogs, Q&A, posts, and/or Stories on the Journey, may be viewed and used by others without any restrictions, and will not be subject to the privacy protections provided in this Privacy Policy or likely in those of any other publicly accessible platform.
3.5 THIRD-PARTY PAYMENT PROCESSING
When you make purchases through the Services, we process your payments through a third party application, such as via a Third-Party payment processor. In these instances, the third party application may collect certain Financial Information from you to process a payment on behalf of T&A, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party app’s terms, conditions and privacy policies. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may process on your behalf, or that we receive from our payment processors, is subject to this Privacy Policy.
TRANSFERS— HOW T&A MAY DISCLOSE YOUR INFORMATION
4.1 INFORMATION WE SHARE
We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission.
We Use Service Providers. We may share any information we receive with our service providers. The types of service providers to whom we entrust Personal Information include service providers for:
provision of IT, analytics and related services;
provision of information and Services you have requested;
payment processing; and
customer service activities such as member support.
T&A’s policy is to execute appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.
We do not sell or share your Personal Information with other third parties or any third party advertisers. You may opt-out of certain sharing provisions by following the instructions in Section 5 below.
Disclosures to Protect Us or Others. We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:
to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;
to respond to your requests;
to protect yours, ours or others’ rights, property or safety;
to enforce T&A policies or contracts;
to collect amounts owed to T&A;
to comply with records retention policies;
when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.
Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, T&A will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.
4.2 INTERNATIONAL DATA TRANSFERS
You agree that all Personal Information collected via or by T&A may be transferred, processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to T&A, you explicitly consent to the storage of your Personal Information in these locations.
OPT-OUT (RIGHT TO OBJECT TO PROCESSING)
5.1 GENERAL
You have the right to object to and opt-out of certain uses and disclosures of your Personal Information, for example, where you have consented to T&A’s processing of your Personal Information, you may withdraw that consent at any time and opt-out to further processing by requesting to Opt Out under your Account Settings at the T&A Website.
Please note, even if you opt-out, we may still collect and use non-personal information regarding your activities related to our Services.
5.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS
You can unsubscribe from email, text and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding T&A and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).
5.3 COOKIES
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. If cookies are removed or opted-out, a login will be required each time the T&A website is visited, and any products in your cart will not be retained if you leave the checkout section. Also, any content you may have viewed will no longer be highlighted, thus making it difficult to know what you have previously viewed and what you have not.
6. DATA RETENTION
T&A retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.
7. SECURITY OF YOUR INFORMATION
We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you.
Our Services are not directed to children under the age of 18, and any use by a minor is solely as authorized by a parent or guardian.
8. REDRESS/COMPLIANCE AND ACCOUNTABILITY
If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact T&A by email at support@thriveandawaken.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.
9. CHANGES TO OUR PRIVACY POLICY AND PRACTICES
This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services (as reflected in the above Effective Date). We may revise this Privacy Policy in our sole discretion, so please review it periodically. If you continue to visit the Site and use the Services after such changes have been made, you thereby provide your consent to the changes.
Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, T&A will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the processing of Personal Information is required by law or contract, T&A will endeavor to comply with the law or contract.