Website Terms of Use
The following Terms of Use are entered into by and between You and Thrive Coaching
and Consulting Services, LLC..
The following terms and conditions, together with any documents they expressly
incorporate by reference (collectively, these “Terms of Use”), govern your access to and
use of www.sayyestoyou.clickfunnels.com, including any content, functionality and
services offered on or through www.sayyestoyou.clickfunnels.com, whether as a guest or
a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the
Website or by clicking to accept or agree to the Terms of Use when this option is
made available to you, you accept and agree to be bound and abide by these Terms
of Use and our Privacy Policy, incorporated herein by reference. If you do not want
to agree to these Terms of Use including the agreements incorporated by reference
herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using
this Website, you represent and warrant that you are of legal age to form a binding
contract with the Company and meet all of the foregoing eligibility requirements. If you
do not meet all of these requirements, you must not access or use the Website.
Changes To the Terms Of Use
We may revise and update these Terms of Use from time to time in our sole discretion.
All changes are effective immediately when we post them, and apply to all access to and
use of the Website thereafter. Your continued use of the Website following the posting of
revised Terms of Use means that you accept and agree to the changes. You are expected
to check this page from time to time so you are aware of any changes, as they are binding
on you.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review
our Privacy Policy, which also governs the Website and informs users of our data
collection practices. Your agreement to the Privacy Policy is hereby incorporated into
these Terms of Use.
Disclaimer
Your use of the Website is also subject to the Company’s Disclaimer. Please review our
Disclaimer, which also governs the Website and informs users of various limitations
regarding the information provided on the Website. Your agreement to the Disclaimer is
hereby incorporated into these Terms of Use.
Accessing The Website And Account Security
We reserve the right to withdraw or amend this Website and any service or material we
provide on the Website in our sole discretion without notice. We will not be liable if for
any reason all or any part of the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire
Website, to users, including registered users.
To access the Website or some of the resources it offers, you may be asked to provide
certain registration details or other information. It is a condition of your use of the
Website and any resources downloaded from the Website that all the information you
provide on the Website is correct, current, and complete. You agree that all information
you provide to register with this Website or otherwise, including but not limited to
through the use of any interactive features on the Website, is governed by our Privacy
Policy, and you consent to all actions we take with respect to your information consistent
with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of
information as part of our security procedures, you must treat such information as
confidential, and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any other
person with access to this Website or portions of it using your user name, password or
other security information. You agree to notify us immediately of any unauthorized
access to or use of your user name or password or any other breach of security. You also
agree to ensure that you exit from your account at the end of each session. You should
use particular caution when accessing your account from a public or shared computer so
that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen
by you or provided by us, at any time in our sole discretion for any or no reason,
including if, in our opinion, you have violated any provision of these Terms of Use.
No Unlawful Or Prohibited Use And Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
the Website and the resources available for download from the Website strictly in
accordance with these Terms of Use.
As a condition of your use of the Website, you warrant to the Company that you will not
use the Website or any of the resources available for download from the Website for any
purpose that is unlawful or prohibited by these Terms. You may not use the Website or
any of the resources available for download from the Website in any manner that could
damage, disable, overburden, or impair the Website or interfere with any other party’s
use and enjoyment of the Website. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available or provided for
through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well
as the compilation thereof, and any software used on the Website, is the property of the
Company or its suppliers and protected by copyright and other laws that protect
intellectual property and proprietary rights. You agree to observe and abide by all
copyright and other proprietary notices, legends or other restrictions contained in any
such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in part,
found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources
available for download from the Website does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary
rights or attribution notices in any content. You will use protected content solely for your
individual use, and will make no other use of the content without the express written
permission of the Company and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express
or implied, to the intellectual property of the Company or our licensors except as
expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names,
logos, product and service names, designs, and slogans are trademarks of the Company or
its affiliates or licensors. You must not use such marks without the prior written
permission of the Company. All other names, logos, product and service names, designs
and slogans on this Website are the trademarks of their respective owners.
For Educational And Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website and
the resources available for download through this Website are for educational and
informational purposes only. The information contained on this Website and the
resources available for download through this Website is not intended as, and shall not be
understood or construed as legal, financial, tax, medical, health, or any other professional
advice.
Accuracy And Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the
information provided on this Website and the resources available for download are
accurate and provide valuable information, but we cannot guarantee the accuracy of the
information. Neither the Company nor any of its owners or employees shall be held liable
or responsible for any errors or omissions on this Website or for any damage you may
suffer as a result of failing to seek competent advice from a professional who is familiar
with your situation.
By using this Website, you accept personal responsibility for the results of your actions.
You agree to take full responsibility for any harm or damage you suffer as a result of the
use, or non-use, of the information available on this Website or the resources available
for download from this Website. You agree to use judgment and conduct due diligence
before taking any actions or implementing any plans or policy suggested or
recommended on this Website.
No Guarantees As To Results
As set forth more fully in the Disclaimer, you agree that the Company has not made any
guarantees about the results of taking any action, whether recommended on this Website
or not. The Company provides educational and informational resources that are intended
to help users of this Website succeed. You nevertheless recognize that your ultimate
success or failure will be the result of your own efforts, your particular situation, and
innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the
results obtained by others - whether clients of the Company or otherwise - applying the
principles set out in this Website are no guarantee that you or any other person or entity
will be able to obtain similar results.
Email And Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic
communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures, and other communications that we provide to you
electronically, via email and on the Website, satisfy any legal requirement that such
communications be in writing.
We would be pleased to communicate with you by e-mail, and there are various places on
this Website that provide you the ability to send an electronic communication to the
Company. Any such email or other electronic communication, however, does not create a
business relationship or any contractual relationship. As set forth more fully in our
Privacy Policy, we will take reasonable steps to ensure that any communications remain
confidential, but we cannot guarantee the security of such communications and cannot
guarantee that we would not be required to disclose such communications as a result of a
court order.
Use Of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, blog comment sections and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, “Communication Services”), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information; upload files that contain software or other
material protected by intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all necessary consents;
upload files that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer; advertise or offer to sell
or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid
schemes or chain letters; download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material
contained in a file that is uploaded, restrict or inhibit any other user from using and
enjoying the Communication Services; violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service; harvest or otherwise
collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the
Company reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. The Company reserves the right to
terminate your access to any or all of the Communication Services at any time without
notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in the
Company’s sole discretion.
Always use caution when giving out any personally identifying information about
yourself in any Communication Service. The Company does not control or endorse the
content, messages or information found in any Communication Service and, therefore,
the Company specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized the Company spokespersons, and their
views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you upload the materials.
Materials Provided To The Website
The Company does not claim ownership of the materials you provide to the Website
(including feedback and suggestions) or post, upload, input or submit to any Website or
our associated services (collectively “Submissions”). However, by posting, uploading,
inputting, providing, or submitting your Submission you are granting the Company, our
affiliated companies, and necessary sub-licensees permission to use your Submission in
connection with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. The Company is under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
Links To Third Party Websites And Services
The Website may contain links to other Websites (“Linked Websites”). The Linked
Websites are not under the control of the Company and the Company is not responsible
for the contents of any Linked Website, including without limitation any link contained in
a Linked Website, or any changes or updates to a Linked Website. The Company is
providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and
organizations. By using any product, service, or functionality originating from the
Website, you hereby acknowledge and consent that the Company may share such
information and data with any third party with whom the Company has a contractual
relationship to provide the requested product, service or functionality on behalf of the
Website’s users and customer.
Use Of Templates And Forms
The Company provides various templates and/or forms for download and/or sale on this
Website. The Company grants you a limited, personal, non-exclusive, non-transferable
license to use our templates and/or forms for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to
modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance
or in any way exploit any of the templates and/or forms in any manner, except for
modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download
may only be used by you for your personal or business use and may not be sold or
redistributed without the express written consent of the Company.
Use of Paid Courses, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated
material for sale on this Website. The Company grants you a limited, personal, non-
exclusive, non-transferable license to use our courses, programs, and associated material
(collectively the “Courses”) for your own personal or internal business use. Except as
otherwise provided, you acknowledge and agree that you have no right to modify, edit,
copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any
way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or
download may only be used by you for your personal or business use and may not be sold
or redistributed without the express written consent of the Company.
By ordering or participating in Courses, you further agree that you shall not create any
derivative work based upon the Courses and you shall not offer any competing products
or services based upon any information contained in the Courses.
Use Of Free Downloadable Content
The Company provides various resources on this Website, which users may access by
providing an e-mail address. The Company grants you a limited, personal, non-exclusive,
non-transferable license to use our resources provided in exchange for an email address
(the “Freemium Content”) for your own personal or internal business use. Except as
otherwise provided, you acknowledge and agree that you have no right to modify, edit,
copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any
way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Fremium Content you
download may only be used by you for your personal or business use and may not be sold
or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any
derivative work based upon the Freemium Content and you shall not offer any competing
products or services based upon any information contained in the Freemium Content.
Guests
The Company may, from time to time, provide information from a third party in the form
of a podcast guest interview, interview on other platform, guest blog post, or other
medium. The Company does not control the information provided by such third-party
guests, is not responsible for investigating the truth of any information provided, and
cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree
to transfer all intellectual property rights they may have in any such interviews to the
Company and further provide a license to any rights they are unable to assign.
Cancellation Of Subscription
Certain of the Company’s products and services are offered on an ongoing basis with a
monthly or yearly subscription. Users may cancel subscriptions at any time by emailing
help@thrivecoachandconsult.com.
Money Back Guarantee
For the sale of certain products, the Company provides a money-back guarantee. That
money-back guarantee is governed by the following terms, except to the extent that the
terms of a specific product or service provide otherwise.
All sales are final, and the Company does not offer any money-back guarantees. You
recognize and agree that you shall not be entitled to a refund for any purchase under any
circumstances.
No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE
OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS,
PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH
THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW,
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR
LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY
SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED
ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM
THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE
TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR
DAMAGES FOR USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future,
arising out of or relating to this Website, the Company, any and all contracts you enter
into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to
present such claim only through binding arbitration to occur in New Market, VA You
further agree to and do hereby waive any right to class arbitration and agree, instead, to
conduct an arbitration related solely to any individual claims you and/or any entity
related to you asserts against the Company. To the fullest extent permissible by law, you
further agree that you shall be responsible for all costs associated with initiating the
arbitration and for the administration of the arbitration.
International Users
The Service is controlled, operated and administered by the Company from our offices
within the USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will not use the
Company Content accessed through the Website in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses
(including reasonable attorneys’ fees) relating to or arising out of your use of or inability
to use the Website or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. The Company reserves the right, at its own
cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with the Company in
asserting any available defenses.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the
Website and the related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, and you hereby consent to resolve any and all
disputes arising under or related to this Website or the Terms of Use pursuant to the
arbitration. Clause above. Use of the Website is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms, including, without limitation, this section.
No Joint Venture Or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and the Company as a result of this agreement or use of the Website. The
Company’s performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of the Company’s right to
comply with governmental, court, and law enforcement requests or requirements relating
to your use of the Website or information provided to or gathered by the Company with
respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and
Disclaimer, constitutes the entire agreement between the user and the Company with
respect to the Website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and the Company
with respect to the Website. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related documents be
written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which
the Website is offered. The most current version of the Terms will supersede all previous
versions. The Company encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding the Terms:
Thrive Coaching and Consulting Services, LLC
312 Sundance Mountain Road
New Market, VA 22844
Email Address: help@thrivecoachandconsult.com
Effective as of 9/4/2020
