These Terms of Service were last updated on March 3, 2015.
Hi! You are now reading Terms of Service (the “Terms”) for thryver.com (the “Website”), meaning the contract between you and Thryve Insights, LLC (“Thryver”) when you use Thryver’s Website, services, and products via the Website (collectively, the “Services”). Because Thryver provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product or service. To the extent those supplemental terms conflict with these Terms, the supplemental terms associated with the app, product or service govern with respect to your use of such app, product or service to the extent of the conflict. You should read this carefully before you use the Website. We’ve tried to be fair and make this a win-win for everyone. If you have any questions or suggestions, feel free to email us.
1. Accepting the Terms
2. Modifications to these Terms
Thryver reserves the right, in its sole discretion, to modify these Terms at any time for any reason. You agree that we may notify you of the updated Terms by posting them on the Website. You are responsible for reviewing and becoming familiar with any modifications to these Terms. Modifications are effective when posted, and your use of the Website and the Services following any such posted modification and notice of same constitutes your acceptance of these Terms as modified.
3. Use of Services
To use the Services, you must open an account with us, which means you must register with us via the Website (as applicable) and agree to these Terms (thereby creating an “Account”). No individual under 13 years old may use the Services or provide any information to Thryver or otherwise through the Services (including, for example, a name, address, telephone number, or email address). Any use or access by anyone under the age of 13 is prohibited. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Services. Please have him or her read these Terms with you. You otherwise may only use the Services if you can form a binding contract with Thryver and are not legally prohibited from using the Services. When you create your Account, you must provide us with accurate and complete information. If you open an Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Thryver retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Thryver may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Thryver may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). Thryver may also suspend or delete Accounts at any time, in its sole discretion.
Your Account and use of the Website and any Service is available for your non-commercial, personal use. If you use the Website, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. When you log in to the Website, you represent and warrant that you are the person that registered for such Account, you are only using the Website for permitted purposes and you are not a competitor of Thryver or any agent thereof. We reserve the right to refuse service, terminate accounts, remove or edit User Content and Content. You may not use your Account to create an internet link to any other website without our express written permission, whether or not such link or affiliation is created for commercial use. Please notify us at email@example.com if you become suspicious or aware of any unauthorized use of your Account or the Website, or any other security breach.
4. Limitations on Use
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Thryver and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Thryver (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Thryver (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without Thryver’s express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; (f) interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services; or (g) falsely assume the identity of any person or club, fraternity, sorority or other student or college or university organization.
You understand that all video, audio, photographs, images, illustrations, animations, trademarks, logos, tools, page design, advertisements, written posts, replies, and comments, information, data, third party links, text, software, scripts, executable files, graphics, interactive features, or other materials, any of which may be generated, provided, or otherwise made accessible on or through the Services (the “Content”) are the sole responsibility of the person from which such Content originated, including without limitation any and all data, forms, applications and documents from third party sources. We do not guarantee that any such material provided or obtained from third parties is current, complete, accurate or truthful or that such third party has the requisite permissions and authorizations to upload such Content.
You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Website and any Services. Thryver has no obligation to screen or monitor any Content and does not guarantee that any Content available on the Website and any Services complies with these Terms or is suitable for all users. While we do not and cannot review all Content provided to us, and are not responsible for such Content, we reserve the right to delete, edit or rearrange Content that we, in our sole discretion deem abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any Content may be removed, published, copied, modified, transmitted and displayed by us. All Content provided by a user of the Website or Services is the sole responsibility of that user, and is not our responsibility.
Thryver’s Right to Use User Content:
Thryver allows you to post Content. Anything that you post or otherwise make available on our Website or any Services is referred to as “User Content.” You retain your rights to your User Content you submit, post or display on or through the Website or Services and are solely responsible for the User Content you post, however, by submitting, posting or displaying User Content on or through the Website or Services, you also grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content in any and all media or distribution methods (now knows or later developed). To that end, you also waive any right to inspect or approve such use, whether that use is known to you or unknown
Your User Content:
Since we cannot research each piece of Content transmitted to us or distributed by us, it is your sole responsibility to ensure, and you hereby represent and warrant for each piece of User Content that you submit, that: (i) you have the right to submit the User Content to Thryver and grant the licenses; (ii) Thryver will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with these Terms and all applicable laws.
Restrictions on Posting Content:
How Long We Keep User Content:
Following termination or deactivation of your account, or if you remove any User Content from Thryver, we may retain your User Content for our use pursuant to the license you granted us above. We may also retain User Content for backup, archival, or audit purposes.
7. Account Security
You are responsible for all activity that occurs under your Account, including any activity by unauthorized users. You must not allow others to use your Account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Website and Services. Please notify us at firstname.lastname@example.org if you become suspicious or aware of any unauthorized use of your Account or the Website, or any other security breach.
When registering, provide your real name, as this will make it easier for organizations to determine true membership in their organization. If you are a business, government, or non-profit entity, you must use the actual name of your organization You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. When submitting a Thryver Q, choose an anonymous handle in accordance with the standards.
8. Term and Termination; Account Deletion
These Terms begin on the date you first use the Website and any Services and continues as long as you have an account with us.
Deletion By You:
You may delete your account at any time. Upon termination, all licenses granted by Thryver will terminate. In the event of account deletion for any reason, Content that you submitted may or may not be available to you after your Account deletion. Thryver shall not be responsible for the loss of such Content.
Termination for Breach:
Thryver may suspend, disable, or delete your Account (or any part thereof) or block or remove any Content you submitted if Thryver determines that you have violated any provision of these Terms or that your conduct or Content would tend to damage Thryver’s reputation and goodwill. If Thryver deletes your account for the foregoing reasons, you may not re-register for the Services. Thryver may block your email address and (Internet protocol address) to prevent further registration.
9. Code of Conduct
In using the Website and any Services, you must behave in a civil and respectful manner at all times. Further, you will not act in a deceptive manner by, among other things, impersonating any person; harass or stalk any other person; target members of a certain organization; harm or exploit minors; distribute “spam”; collect information about others; or advertise or solicit others to purchase any product or Service within the Website (unless you are an official Thryver partner or advertiser and have a written agreement with Thryver).
We do not give your Content or personally identifiable information to advertisers without your consent. We do not support or endorse the advertisements that are displayed on the Website.
Special Provisions for Advertisers:
You can buy ads to place strategically on our Website. Price will be dependent on size, placement, frequency, category and positioning of ads. We do not guarantee the activity that your ads will receive, such as the number of clicks your ad will get. We cannot control how clicks are generated on your ads. We may reject or remove any ad for any reason.
11. Tests and Assessments
Various personality and aptitude tests, quizzes and other assessments may be provided as part of the Services. You may use them provided that you do so in compliance with these Terms. We do not accept responsibility for any liability that may arise from or relates to anyone’s use of such materials. Many of these tests are not scientifically validated and are intended for self-educational and entertainment purposes only. These tests are online, multiple choice tests and are self-validating (stated otherwise, if you do not think the results are true, they may not be true). These tests are not professionally administered and are in no way intended to serve as a substitute for professional analysis, evaluation, coaching, counseling or long-term self-discovery; if you are experiencing a mental health emergency, please reach out to a professional mental health provider immediately. Further, the tests may not provide accurate or complete results or results that are applicable to you. Therefore, you should not rely on any results or findings from these tests when making any decisions regarding your health, career, relationships, financial situation or other matters involving your life. Like any online test, any results should provide a starting point for continued evaluation and self-discovery.
Thryver provides the Website and Services on an “as is” and “as available” basis. You therefore use the Website and Services at your own risk. Thryver, its subsidiaries, affiliates, and its licensors, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THRYVER, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THRYVER, HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THRYVER, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (US$50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
14. Unsolicited Ideas Submission Policy
Thryver or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Thryver or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Thryver’s products or marketing strategies might seem similar to ideas submitted to Thryver.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, such information shall be deemed User Content and we will have full and unrestricted rights to use such information.
Thryver does, however, welcome your feedback regarding many areas of Thryver’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found on the Website at https://thryver.com/suggestions. Please provide only specific feedback on Thryver’s existing products or marketing strategies; do not include any ideas that Thryver’s policy will not permit it to accept or consider. It’s just one more way that Thryver can learn how to best satisfy your needs. Any feedback you provide at this site shall be deemed User Content.
15. General Provisions
These Terms shall be governed by the laws of the State of Georgia, United States of America, 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.
You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms, shall be settled by binding arbitration in DeKalb County, Georgia, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules. The parties hereto hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by any party against another on any matter whatsoever relating to, resulting from, arising out of, or in any way connected with these Terms, or any amendment or breach hereof, including, without limitation, any claim or injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
You agree that the following will not be subject to arbitration: (a) any dispute over the validity of any party’s intellectual property rights, and (b) any dispute related to or arising from allegations associated with unauthorized or prohibited use of the Website or the Services.
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 Thryver in exercising any right hereunder will waive any further exercise of that right. Thryver’s rights and remedies hereunder are cumulative and not exclusive.
You consent to receive all communications including notices, agreements, disclosures, or other information from Thryver electronically. Thryver may provide all such communications by email or by posting them on the Services. For support-related inquiries, you may contact us. You may send notices of a legal nature to email@example.com or the following address:
Thryve Insights, LLC.
4060 Peachtree Rd, NE Suite D285
Atlanta, GA 30319
Attn: Legal Department
Thryver and the Thryver rocket are trademarks of Thryve Insights, LLC.
17. DMCA Notice
We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Services or via the Website if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.
Our DMCA Copyright Agent to receive notices of infringing material is:
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (a) description of the copyrighted work that is the subject of claimed infringement, (b) description of the infringing material and information sufficient to permit us to locate the alleged material, (c) contact information for you, including your address, telephone number and/or e-mail address, (d) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law, (e) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed, and (f) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
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