• 1.1 Account Creation.

  To access certain features of the Site, you may be required to create an account ("Account") and provide accurate and complete registration information. You are responsible for maintaining the accuracy of your account information and for any activities that occur under your Account. Thrivewell reserves the right to suspend or terminate your Account in accordance with Section 7.

• 1.2 Account Responsibilities.

  You are responsible for safeguarding your account login details. Any unauthorized use of your Account should be reported to Thrivewell immediately. We are not liable for any loss or damage arising from your failure to protect your account credentials.

• 2.1 License.

  Thrivewell grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms.

• 2.2 Restrictions.

  The rights granted to you are subject to the following restrictions: (a) You may not sell, license, rent, or commercially exploit the Site or its content; (b) You may not modify, reverse engineer, or create derivative works from any part of the Site; (c) You may not use the Site to develop a similar or competitive service; (d) No part of the Site may be copied or distributed without our explicit permission. Any updates or additions to the Site are subject to these Terms.

• 2.3 Modification of the Site.

  Thrivewell reserves the right to modify, suspend, or discontinue the Site or any part of it at any time without prior notice. Thrivewell is not liable for any modifications or discontinuation of the Site.

• 2.4 No Support or Maintenance.

  Thrivewell is not obligated to provide any support or maintenance for the Site.

• 2.5 Ownership.

  All intellectual property rights in the Site and its content belong to Thrivewell or its licensors. Your access to the Site does not transfer any ownership or rights to you, except for the limited access rights granted in Section 2.1.

• 2.6 Feedback.

  Any feedback you provide to Thrivewell regarding the Site is non-confidential and non-proprietary. Thrivewell is free to use such feedback without any obligation to you.

You agree to indemnify and hold Thrivewell harmless from any claims, damages, or expenses arising from your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

• 4.1 Third-Party Links & Ads

  The Site may contain links to third-party websites or advertisements. Thrivewell does not endorse or control these third-party resources, and you access them at your own risk.

• 4.2 Interactions with Other Users.

  Thrivewell is not responsible for interactions between users of the Site. Any disputes between you and other users must be resolved independently of Thrivewell.

• 4.3 Release.

  You release Thrivewell from any claims or liabilities arising from your use of the Site, including interactions with other users or third-party links.

The Site is provided "as is" and "as available," without warranties of any kind. Thrivewell disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Thrivewell is not liable for any indirect, incidental, or consequential damages arising from your use of the Site. Our total liability to you for any claims is limited to $50.

Thrivewell may suspend or terminate your access to the Site at any time, for any reason, without liability. Upon termination, your rights under these Terms will cease.

• 8.1 Changes to Terms.

  Thrivewell may update these Terms from time to time. We will notify you of substantial changes, but it is your responsibility to review the Terms regularly. Continued use of the Site after changes indicates your acceptance of the revised Terms.

• 8.2 Dispute Resolution

  Please carefully review this arbitration agreement (“Arbitration Agreement”) as it mandates arbitration for disputes with Thrivewell, its parent companies, subsidiaries, affiliates, successors, assigns, and their respective officers, directors, employees, agents, and representatives (collectively, the “Thrivewell Parties”). It also limits the ways in which you can seek remedies from Thrivewell Parties.

  • (a) Applicability of Arbitration Agreement:You agree that any dispute between you and any of the Thrivewell Parties related to the use of the Thrivewell website, the services provided on the site (the “Services”), or these Terms, will be resolved through binding arbitration, not in court. However, (1) you and the Thrivewell Parties may assert individual claims in small claims court if the claims qualify and remain solely on an individual basis; and (2) either you or the Thrivewell Parties may seek equitable relief in court for intellectual property rights infringement or misuse (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement remains effective even after these Terms have expired or been terminated, applying to all claims arising before or after your acceptance of these Terms or any prior version. It does not preclude you from bringing issues to the attention of federal, state, or local agencies, who may seek relief against the Thrivewell Parties on your behalf if permitted by law.

  • (b) Informal Dispute Resolution: If a dispute arises between you and Thrivewell, we are committed to resolving it reasonably. Both you and Thrivewell agree that good faith efforts to resolve disputes informally can lead to a quick, low-cost, and mutually beneficial resolution. Before initiating arbitration (or a small claims court action), both parties agree to personally meet and confer via telephone or video conference in a good faith attempt to resolve the dispute (“Informal Dispute Resolution Conference”). If you are represented by an attorney, they may participate, but you must also be present.

    To initiate an Informal Dispute Resolution Conference, the party raising the dispute must send written notice of their intent (“Notice”) to the other party. This Notice should be sent to Thrivewell via email at [info@thrivewellrx.com]. The Notice must include: (1) your name, telephone number, mailing address, and email associated with your account; (2) if represented by an attorney, their name, telephone number, mailing address, and email; and (3) a detailed description of your dispute.

    The Informal Dispute Resolution Conference must occur within 45 days of receiving the Notice, unless both parties agree to an extension. During this time, nothing in this Agreement prevents the parties from engaging in informal communications to resolve the dispute. Participating in the Informal Dispute Resolution Conference is a prerequisite to starting arbitration. Any applicable statute of limitations and filing fee deadlines will be paused while the parties participate in this process.

  • (c) Arbitration Rules and Forum: These Terms involve interstate commerce; hence, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement. If the Informal Dispute Resolution Process does not satisfactorily resolve the issue within 60 days, either party may elect to resolve the dispute through binding arbitration. The arbitration will be conducted by JAMS, following its most current version of the Streamlined or Comprehensive Arbitration Rules and Procedures, depending on the amount in controversy. The JAMS rules are available at www.jamsadr.com or by calling 800-352-5267. If JAMS is unavailable, the parties will select an alternative arbitral forum. Arbitration will be held in the county where you reside unless otherwise agreed.

    All materials and documents exchanged during the arbitration will remain confidential and are only to be shared with attorneys, accountants, or business advisors who agree to keep the information confidential.

  • (d) Authority of Arbitrator: The arbitrator has exclusive authority to resolve all disputes subject to arbitration, including issues related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. Exceptions include disputes concerning the “Waiver of Class or Other Non-Individualized Relief,” which must be decided by a court. The arbitrator can award damages or non-monetary remedies as allowed by law, and the arbitration decision is final and binding. Judgment on the arbitration award may be entered in any court with jurisdiction.

  • (e) Waiver of Jury Trial: EXCEPT AS PROVIDED IN SECTION 8.2(A), BOTH YOU AND THRIVEWELL PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY OR TO SUE IN COURT. Disputes will be resolved exclusively through arbitration, except as specified in Section 8.2(a). The arbitrator can award the same relief as a court, but there is no judge or jury in arbitration, and court review of an arbitration award is very limited.

  • (f) Waiver of Class or Other Non-Individualized Relief: EXCEPT AS SPECIFIED IN SUBSECTION 8.2(H), BOTH YOU AND THRIVEWELL AGREE THAT CLAIMS CAN ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. You and Thrivewell waive the right to have any dispute brought, heard, or arbitrated as part of a class, collective, representative, or mass action. Claims cannot be arbitrated or consolidated with those of any other customer or user. If a court finds the limitations in this subsection unenforceable as to a particular claim, that claim may be litigated in a court in Texas, but all other disputes will be arbitrated or litigated in small claims court.

  • (g) Attorneys’ Fees and Costs: Each party will bear their own attorneys’ fees and costs unless the arbitrator finds that the substance of the dispute or the relief sought was frivolous or brought for an improper purpose. If a court action is needed to compel arbitration, the prevailing party may recover reasonable costs and attorneys’ fees. The prevailing party in any court action about whether either party has met the conditions for arbitration may also recover reasonable costs and attorneys’ fees.

  • (h) Batch Arbitration: To streamline the resolution process, if 100 or more similar individual arbitration requests are filed against Thrivewell by or with the same legal representation within 30 days, JAMS will administer them in batches of 100. Each batch will be resolved through a single consolidated arbitration with one set of filing and administrative fees per side. This process is to improve efficiency, not to authorize class or mass arbitration.

  • (i) 30-Day Right to Opt-Out: You may opt out of this Arbitration Agreement within 30 days of first agreeing to it by sending notice to Thrivewell at [info@thrivewellrx.com]. The notice must include your name, address, and a clear statement that you wish to opt out. If you opt out, all other provisions of these Terms will still apply.

  • (j) Invalidity, Expiration: Except for the “Waiver of Class or Other Non-Individualized Relief” clause, if any part of this Arbitration Agreement is found invalid or unenforceable, the remainder will still apply. Any dispute must be initiated within the applicable statute of limitations, or it will be barred. Statutes of limitations apply to arbitration as they would in a court.

  • (k) Modification: Thrivewell may modify this Arbitration Agreement, but you can reject the change by sending notice within 30 days of the modification. Your continued use of the site after changes are posted constitutes your acceptance of the new terms unless you validly opt out of the Arbitration Agreement. Thrivewell will honor any valid opt-out from previous versions of these Terms.

• 8.3 Export

  The Thrivewell site may be subject to U.S. export control laws and may also be regulated by import or export laws in other countries. You agree not to export, reexport, or transfer any U.S. technical data or products derived from such data in violation of these laws.

• 8.5 Electronic Communications

  Communications between you and Thrivewell are conducted electronically, whether through the site, email, or notices posted on the site. You consent to receive communications from Thrivewell electronically and agree that these electronic communications satisfy any legal requirement for written communications.

• 8.6 Entire Terms

  These Terms represent the entire agreement between you and Thrivewell regarding the use of the site. The failure of Thrivewell to enforce any provision of these Terms does not constitute a waiver of that provision. Section titles are for convenience only and have no legal effect. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force. Your relationship with Thrivewell is that of an independent contractor, not an agent or partner. You may not assign or transfer these Terms or your rights and obligations without Thrivewell’s written consent. Thrivewell may freely assign these Terms, and they are binding upon assignees.

• 8.7 Copyright/Trademark Information

  Copyright © 2024 Thrivewell, Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the site are the property of Thrivewell or third parties. You are not permitted to use these Marks without Thrivewell’s prior written consent.

• 8.8 Contact Information

  The site is provided by Thrivewell. For inquiries, please contact us via email at [info@thrivewellrx.com] or by phone at 1 (469) 333 6867