These Terms and Conditions govern your use of thrivemindset.coach and everything we offer through it, from free live challenges to paid coaching programs. Please read them before you register or purchase. If you buy a coaching program, a separate Coaching Agreement also applies to that program.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Partners means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Coaching Agreement means the separate Thrive Mindset LLC Coaching Agreement that You accept at the time of purchase of a paid coaching program, which governs that program.
- Country refers to: Michigan, United States.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Thrive Mindset LLC, a Limited Liability Company operating out of the State of Michigan, United States.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Free Events means any free live session, challenge, webinar, workshop, replay or downloadable resource We make available at no charge through the Service.
- Products refer to the coaching programs, memberships, live and recorded sessions, digital content, workbooks and any physical items offered for sale through the Service.
- Orders mean a request by You to purchase Products from Us.
- Promotions refer to contests, sweepstakes, giveaways, gifts or other promotions offered through the Service.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Thrive Mindset, accessible from thrivemindset.coach.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
If You purchase a paid coaching program, that program is additionally governed by the Coaching Agreement You accept at the time of purchase. Where the Coaching Agreement and these Terms conflict, the Coaching Agreement governs with respect to that program.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Free Events
We may make Free Events available through the Service. Free Events are provided at no charge and are offered as-is.
We may change the schedule, format, platform, content or duration of any Free Event at any time. Replays and downloadable resources associated with a Free Event may be made available for a limited period only and may be removed at any time without notice.
Registering for a Free Event does not create a coaching relationship and does not entitle You to any paid Product.
Free Events may be recorded. By attending a Free Event with Your camera, microphone or chat enabled, You acknowledge that Your participation may be captured in the recording and may be shared with other participants.
Placing Orders for Products
By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.
Your information
If You wish to place an Order for Products available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and, where a physical item is to be sent to You, Your shipping address.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order cancellation by us
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Product availability
- Errors in the description or prices for Products
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
If We cancel an Order before the Product has been delivered or access has been granted, We will refund the amount You paid for that Order using the same means of payment You used to place it.
Availability, errors and inaccuracies
We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
All Sales Are Final
All sales are final. All Products purchased through the Service are non-refundable and non-cancellable.
This applies to coaching programs, memberships, live and recorded sessions, digital content, workbooks and any physical items, whether paid in full or under a payment plan.
You will not have any right to cancel an Order or receive a refund for any reason, including but not limited to:
- Your inability or decision not to attend, participate in, or complete a Product.
- A change in Your circumstances after purchase.
- Dissatisfaction with the results You achieve, given that results depend on Your own participation and action.
- Your loss of access following termination for a reason set out in these Terms or in the Coaching Agreement.
Selecting a payment plan does not change this. You remain responsible for the entire fee for the Product regardless of Your attendance, participation, or completion.
This section does not limit any right You may have that cannot be waived under the mandatory law of Your place of residence.
Prices and Payments
The Company reserves the right to revise its prices at any time prior to accepting an Order. A change in price after You have purchased does not entitle You to a refund or credit of the difference.
Discounts, early-decision pricing and promotional codes are valid only for the period and on the conditions stated at the time they are offered, and cannot be applied retroactively to a completed Order.
Payment can be made through the payment methods We make available, which may include major credit and debit cards and online payment methods.
Where a Product is offered on a payment plan, You authorize Us and Our payment processor to automatically charge Your payment method on the schedule stated at the time of purchase, until the full amount is paid.
If a scheduled payment is declined, Your access to the Product may be paused until Your account is brought current. Your obligation to pay the full amount remains unchanged.
Payment cards are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay in or non-delivery of Your Order.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Gifts, prizes and other items awarded through a Promotion have no cash value, are not exchangeable, and are not refundable.
Text Messages, WhatsApp and Email
If You provide Your phone number and consent to receive messages from Us, You may receive text messages, WhatsApp messages and automated reminders relating to the Free Events and Products You have registered for or purchased.
Message frequency varies. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
You can stop receiving text messages at any time by replying STOP to any message. Reply HELP for assistance, or email us at [email protected]. You can unsubscribe from emails using the unsubscribe link in any email.
Consent to receive marketing messages is not a condition of purchasing any Product.
No Guarantees
We provide coaching, teaching and materials. We do not guarantee any particular result.
Any examples, testimonials or stories of past participant results, including financial or business results, are illustrations of what is possible and are not promises or guarantees of Your results. Your results depend on Your own participation, effort and circumstances.
We are coaches. We are not licensed medical doctors, psychiatrists, psychologists, therapists, or financial, legal or tax advisors. Nothing on the Service is medical, mental-health, financial, legal or investment advice, and nothing on the Service is a substitute for professional advice. It is Your responsibility to seek such advice where needed.
User Accounts
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
All materials We provide, including session videos, audio recordings, replays, documents, worksheets, workbooks, and any licensed curriculum materials, are for Your personal use only and may not be copied, recorded, shared, re-distributed, resold or re-used.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. Termination does not entitle You to any refund, and any unpaid balance remains due in full.
If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"As Is" and "As Available" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Partners and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of Michigan, United States, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at [email protected].
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
The current version of these Terms is always available at portal.thrivemindset.coach/terms-and-conditions.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.