Terms of Service Revised: May 21, 2022
1. The Website’s Intended Purpose
Thriving Thoughts Global is a Virginia, USA not-for-profit organization, with tax exempt status pursuant to U.S. Internal Revenue Code Section 501(c)(3) (EIN 85-1375402). Our mission is to equip women with transformative thought tools, nurture them from understanding to application, and inspire them to lead their friends, families, and communities to thrive through the power of thought. We do this by creating and distributing culture-shifting content via social media platforms; producing products, merchandise, and written materials; creating and offering virtual and in-person education; and researching the impact of mental health promotion and mental ill-health prevention. The Website provides a convenient way for individuals (which we refer to here as “Users”, “you”, “your”, or “yourself”) to learn about and engage with our mission and related initiatives, in particular by providing access to our content, publications, recordings, downloads, features, functionality, tools, solutions, and services (together referred to here as “Website Content”). To be clear, “Website Content” includes all information we incorporate into the Website, including for example, data, text, messages, software, sound, music, displays, video, photographs, graphics, artwork, images, tags, as well as the design, selection, and arrangement thereof.
2. Changes to this Agreement:
We periodically update this Agreement. We will let you know when we do via an email, website post, in-app notification, or similar communications, depending on how you’ve elected to interact with the Website. 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 Service means that you accept and agree to the changes.
3. Limited License Grant:
Subject to the terms of this Agreement, Thriving Thoughts Global grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use, as the case may be, any Website Content on a mobile device or personal computer owned or otherwise controlled by you ("Your Device") strictly in accordance with this Agreement and our documentation; and (b) access, stream, download, and use on Your Device the Website Content, strictly in accordance with this Agreement and our documentation.
4. Reservation of Rights:
You acknowledge and agree that the Website and Website Content are provided under license, and not sold, to you. You do not acquire any ownership interest in the Website or Website Content under this Agreement, or any other rights thereto other than to use the Website and Website Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Thriving Thoughts Global and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website and Website Content, including all Intellectual Property Rights, as defined below, therein or relating thereto, except as expressly granted to you in this Agreement. If you wish to use the Website or the Website Content in a manner that exceeds your license and the restrictions of this Agreement, you may submit your prior written request to firstname.lastname@example.org for our consideration.
5. Eligibility, Access, and Security:
We reserve the right to withdraw, amend, or suspend the Website, and any service or material that we provide through 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 or all parts of the Website to Users. 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 agree to notify us immediately of any unauthorized access to or use of your User name or password or any other breach of security.
6. Payment and Refund Policy:
Within the context of your use of the Website, we will separately communicate to you the terms of payment (including cancelations and refunds). You agree that such terms are hereby incorporated into this Agreement as if fully stated herein. All prices that we publish or otherwise communicate to you are denominated in United States dollars unless we state differently.
7. Intellectual Property Rights:
All Website Content is owned by Thriving Thoughts Global, its licensors, or other providers of such material and are protected by United States and international Intellectual Property Rights. “Intellectual Property Rights” means all inventions, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in databases, developments, research data, processes, formulas trade secrets and know-how, intellectual property, and other intangible proprietary or property rights, in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, rights to receive equitable remuneration in respect of any of these and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world.
“Thriving Thoughts Global, Inc.”, “Thriving Thoughts Global”, “Thriving Thoughts”, “ThrivingThoughtsGlobal.org”, and all related names, logos, product and service names, designs, and slogans are trademarks of Thriving Thoughts Global or its affiliates or licensors (referred to here as the “Thriving Thoughts Marks”). We may, at our sole discretion, provide you with Thriving Thoughts Marks for certain limited purposes expressly stated by us (for instance, for the sole purpose of identifying yourself as a supporter of our missions and initiatives on your website, social media, and print media). You must not use Thriving Thoughts Marks for any other purpose without our prior written permission, which you may request at email@example.com. All other names, logos, product and service names, designs, and slogans in the Website are the trademarks of their respective owners.
9. Your Information:
10. Thriving Thoughts Global Communications:
• operational communications concerning your User account or use of the Website,
• updates concerning new and existing features on the Website,
• communications concerning promotions and campaigns run by us or our third-party partners, and
• news concerning Thriving Thoughts Global and general developments impacting our missions and initiatives.
Standard text messaging charges applied by your cell phone carrier may apply to text messages that we send pursuant to your consent or request.
11. Prohibited Uses:
You may use the Website only for lawful purposes and in accordance with this Agreement. In connection with your use of the Website, you acknowledge that you will not:
a. violate in any way any federal, state, local, or international law or regulation;
b. post, send, solicit, or obtain anything defamatory, fraudulent, violent, threatening, pornographic, racist, hateful, or otherwise objectionable in Thriving Thoughts Global’s sole opinion;
c. impersonate any individual or entity, or infringe any person’s intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights;
d. engage in any other conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined solely by us, may harm Thriving Thoughts Global or its Users, or expose us or them to liability or reputational harm;
e. transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation;
f. hack or compromise in any way the integrity and security of the Website or the computers or devices of any of Thriving Thoughts Global’s Users;
g. “frame” or “mirror” any part of the Website, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
h. modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website;
i. rent, lease, lend, sell, redistribute, license or sublicense the Website;
j. use any robot, spider, or other automatic means to access the Website;
k. use any manual process to monitor or copy any of the material in the Website or for any other unauthorized purpose without our prior written consent;
l. allow any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, to be introduced in to the Website; m. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which they operate, or any server, computer, or database to which the Website is connected; n. transfer or sell your User account, password and/or identification to any other party; or o. cause any person to engage in the foregoing prohibited activities.
12. Website Changes and Updates:
We may from time to time in our sole discretion develop and provide updates to the Website, which may include content updates, upgrades, bug fixes, patches, error corrections, and/or new features (together, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Thriving Thoughts Global has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
13. Linking to the Website and Social Media Features:
You may link to the Website, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part without our express written consent. The Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites or apps to certain content in the Website;
• Send emails or other communications with certain content, or links to certain content, in the Website;
• Cause limited portions of content in the Website to be displayed or appear to be displayed on your own or certain third-party websites or apps.
You may use these features solely as they are provided by us and solely in accordance with any additional terms and conditions that we provide with respect to such features. Any other linking activity or use of social media features without prior written permission from Thriving Thoughts Global is strictly prohibited. The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with the Prohibited Uses set out above in the “Prohibited Uses” section of this Agreement. You agree to cooperate with us in immediately stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
14. Links from the Website:
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You access any of the third-party websites or apps linked to the Website entirely at your own risk and subject to their terms and conditions of use.
15. Disclaimer of Warranties No Warranties:
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APP LINKED TO IT. YOUR USE OF THE WEBSITE, WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THRIVING THOUGHTS GLOBAL NOR ANY PERSON ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THRIVING THOUGHTS GLOBAL NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT WEBSITE, WEBSITE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH IT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THRIVING THOUGHTS GLOBAL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Acts of Others Under no circumstances, including termination or cancellation of your use of the Website, will we be liable for any losses related to actions of other Users.
16. Limitation of Liability:
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THRIVING THOUGHTS GLOBAL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ON SUCH OTHER LINKED WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Thriving Thoughts Global, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Website, including, but not limited to, any use of the Website Content, other than as expressly authorized in this Agreement.
18. Term and Termination:
(a) The term of this Agreement commences when you access, download, or install any Website Content. The term will continue in effect until terminated by you or Thriving Thoughts Global as set forth in this section.
(b) You may terminate this Agreement by ceasing any and all access to the Website and by deleting any and all Website Content and all copies thereof from Your Device.
(c) Thriving Thoughts Global may terminate this Agreement at any time without notice, with or without cause.
(d) Upon termination:
i. except as provided in the sections of this Agreement captioned “Changes to this Agreement”, “Reservation of Rights”, “Intellectual Property Rights”, “Trademarks”, “Your Information”, “Thriving Thoughts Global Communications”, “Prohibited Uses”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, “Term and Termination”, “Governing Law and Jurisdiction”, “Waiver and Severability”, and “Entire Agreement”, which shall survive any expiration or termination of this Agreement, all rights granted to you under this Agreement will also terminate; and
ii. you must cease all use of the Website and delete all copies of any and all aspects of the Website Content.
iii. Termination will not limit any of Thriving Thoughts Global’s rights or remedies at law or in equity.
19. Governing Law and Jurisdiction:
All matters relating to the Website and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the U.S. District Court for the Middle District of Pennsylvania or the Pennsylvania Court of Common Pleas for the 39th Judicial District. Thriving Thoughts Global retains the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Waiver and Severability:
No waiver by Thriving Thoughts Global of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Thriving Thoughts Global to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
21. Entire Agreement:
22. Your Comments and Concerns:
The Website is operated by Thriving Thoughts Global, Inc., 105 Maple Street, Mont Alto, Pennsylvania 17237, United States of America. Feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.