Terms of Service

Effective date: 2.23.2023

Welcome to GET Thriving!

Terms of Service

 These Terms of Service (these “Terms”) describe the terms and conditions of how we supply content, products and services to you (“You” and, where applicable, “Your”) through our website, apps, and other digital and online services (collectively, the “Services”) as well as the content and services of our partners. By using the Services, you agree that your use of the Services, and the data we receive from you and relating to you in connection with the Services, is governed by these Terms of Service and our Privacy Policy.

To participate in certain Services, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.

If you are agreeing to these Terms on behalf of a company or other legal entity, you hereby represent that you have the authority to bind such entity to these Terms, in which case the term “You” shall be construed to refer to such entity.  You further acknowledge that You will be responsible for ensuring the compliance with these Terms of all individuals using the Services on your behalf, and that any actions by such individuals in connection with the Services will be treated as Your actions for purposes of these Terms.

GET Thriving and its partners  each reserve the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately upon posting to www.getthriving.com/privacy. Your continued use of the Services constitutes your agreement to abide by the Terms as changed. Under certain circumstances we may also elect to notify you of changes or updates to our Terms by additional means, such as messages within the Services or via email.

Our contact email address for purposes of these Terms is [email protected].

THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BETWEEN YOU AND GET THRIVING THROUGH BINDING ARBITRATION, AND A WAIVER OF THE RIGHT TO CONDUCT SUCH PROCEEDINGS ON A CLASS BASIS, AS SET FORTH UNDER THE HEADING “BINDING ARBITRATION; WAIVER OF CLASS CLAIMS” BELOW.  IN AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES WITH US PURSUANT TO THE TERMS OF THE “BINDING ARBITRATION; WAIVER OF CLASS CLAIMS” SECTION, AND YOU WAIVE THE RIGHT TO PURSUE SUCH CLAIMS IN COURT BEFORE A JUDGE OR JURY (SUBJECT TO THE EXPRESS EXCEPTIONS DESCRIBED BELOW).

Eligibility

The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you: (a) are 18 years of age or older; (b) have not been previously suspended from using the Services; and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.

Accounts

Many aspects of the Services require users to register for an account.  Information that you provide to us at the time of registration, along with any other information we receive from you or about you in connection with your use of the Services, will be treated in accordance with our Privacy Policy, which is incorporated in and made part of these Terms.

Your account to use the Services is for use by You and, if applicable, Your designated users and cannot be shared or used by more than one user.  You are responsible for all activities that occur in the use of Your account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Submissions you make to the Services; (ii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Services, and notify us promptly of any such unauthorized access or use; and (iii) comply with all applicable local, provincial, state, federal and foreign laws in using the Services.

Right of Refusal

GET Thriving reserves the right to refuse your participation in our Services in our sole discretion, subject to applicable law. In addition, we, in our sole discretion, reserve the right to suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or any negative impact to other users of the Services caused by you, as determined by GET Thriving at our sole discretion. Such suspension or termination may be immediate and without notice.

Terms of Sale

Access to certain materials on the Services is made available for purchase (“Products”). Your payment for any access to any Products is subject to the following terms:

Fees. The amount of, and terms applicable to, the fees for any Products will be made available via the Services at time of purchase. You may pay for access to the Products in full at the time of your purchase or pursuant to any installment payment plan that we make available.

Installment Payment Plans. If you select an installment payment plan, you hereby grant us permission to automatically charge the applicable fee to your designated payment method at the beginning of each applicable payment period until all payments have been completed, all subject to the terms made available via the Services at the time of your purchase. If you select an installment payment plan, you agree to keep your designated payment method information, including all billing information, current, complete and accurate while any aspect of the payment plan remains outstanding.

Valid Payment Methods. Only valid payment methods acceptable to us, or our designated payment processors, may be used to purchase access to the Products. By submitting your order to purchase access to the Products, you represent and warrant that you are authorized to use your designated payment method and authorize us, or our designated payment processors, to charge your purchase to that method. If your payment method cannot be verified or is invalid, your order may be suspended or cancelled automatically. You must resolve any problem we, or our designated payment processors, encounter in order to proceed with your order.

Refunds. Please consult our Refund Policy (set forth below in these Terms) for information regarding any refunds that may be available for any Products. To be eligible for a refund, you must make a refund request through our customer service team ([email protected]) within the applicable time period set forth in the Refund Policy.

No Cancellations. Other than as expressly stated in our Refund Policy, all sales are final and we do not offer any refunds or cancellations. If you select an installment payment plan, you are obligated to complete all installment payments.

Failure to Pay. A failure to pay an installment payment related to any of the Products may result in the immediate suspension or termination of all Services. Upon suspension or termination, you will no longer be able to access your account and any Services. To maintain access to your account and all corresponding Services, your account and payments must be current and in good standing for all programs and Services for which you have registered. Pursuant to our Refund Policy, if your account is suspended or terminated for a failure to pay, you will not receive any refund except at our sole discretion and any scheduled automatic renewals will not occur.

Errors in Charges. In the event of an error that results in an incorrect charge, we reserve the right to correct such errors and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any erroneous amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount incorrectly charged to your payment method.

Taxes. You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and we reserve the right to collect such taxes or other fees from you at any time.

Automatic Renewal Terms. Certain Services are made available through ongoing subscriptions (“Subscriptions”). By enrolling in a Subscription program, you agree that a Subscription fee will be billed at the price you agreed to when subscribing to the payment you provide for the then-current Subscription period on a recurring basis until you cancel. The time period and recurring nature of the Subscription will be stated at the time you enroll in the applicable Subscription. If you do not wish for a recurring Subscription to renew automatically, or if you want to change or cancel your Subscription, please email us at [email protected]. If you cancel your Subscription, you may use your Subscription until the end of your current subscription term and your Subscription will not be renewed thereafter. You are not eligible for a prorated refund of any portion of the Subscription fee paid.

Access to Services. Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time GET Thriving operates the Services and that specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Services and programs at our sole discretion. For Subscription programs (i.e., programs not designated as “lifetime access”), you will only receive access to the Services during the term of your Subscription, subject to the requirement to be in “good standing” as set forth above.

Changing Fees and Charges

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or applicable Subscription(s) in your account settings or by emailing [email protected].

Refund Policy

To be eligible for a refund, you must make a refund request through our customer service team ([email protected]) within the applicable time period for your program as set forth below.

Our standard refund policy is a 14-day, 100% money-back guarantee. 

If you are unsatisfied with a Purchase, email [email protected] during the first 14 days after you submitted the Purchase. We’ll refund 100% of your purchase price. 

If a different refund time period or other terms are expressly set forth in the terms provided at the time you make a particular purchase, those terms will control any refunds available for that purchase.

Our Copyrights

Unless otherwise indicated, the Services, including all content, video and other materials on or made available via the Services, are the proprietary property of GET Thriving, our partners, its licensors and are protected by U.S. and international copyright laws.  Any use, copying, redistribution and/or publication of any part of the Services, other than as authorized by these Terms or expressly authorized in writing by us, is strictly prohibited. You do not acquire any ownership rights to any content, video and other materials on or made available via the Services, and we reserve all rights not expressly granted in these Terms.

Non-Exclusive License to Video Recordings

When you attend a presentation and/or class session hosted by GET Thriving or our partners in connection with our Services, you grant permission for GET Thriving to make video recordings and/or audio recordings of the sessions. You further grant to GET Thriving a royalty‐free, non‐exclusive License to publish the recordings, including portions containing your image and likeness, in digital video or digital audio video form.

 

Limited License

You are granted a limited, non-transferable, non-exclusive, revocable right to access and use the Services in accordance with our Copyright and Intellectual Property Policy; provided, however, that such license is subject to these Terms and does not include the right to do any of the following, all of which are prohibited absent separate express written consent by GET Thriving and our partners to such action: (a) resell, lease, rent or sublicense any Services or any access to the Services or any content, video and other materials on or made available via the Services; (b) copy, distribute, publicly perform or publicly display any Services or any content, video and other materials on or made available via the Services; (c) modify or otherwise make any derivative uses of any Services or any content, video and other materials on or made available via the Services; (d) download (other than page caching) any content, video and other materials on or made available via the Services, except as expressly permitted in connection with the Services; or (e) use the Services or any content, video and other materials on or made available via the Services other than for their intended purposes. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights.

Confidential information

You acknowledge that certain materials on or made available via the Services constitute the Confidential Information of GET Thriving or our partners. Confidential Information refers to certain information that is marked as “Confidential” or “Proprietary” or that we reasonably regard as confidential or proprietary relating to our programs, business, products, processes and techniques, including without limitation information relating to our trade secrets, business plans, strategies, methods and/or practices that is not generally known to the public and is disclosed to you pursuant to your express agreement to maintain the confidentiality of the Confidential Information.

Except as expressly allowed in accordance with these Terms, you agree to hold in confidence and not disclose any such Confidential Information.  You agree to protect our Confidential Information from disclosure to any third parties, using at least the same degree of care that you use to protect your own confidential and proprietary information of similar importance, but no less than a reasonable degree of care.

The foregoing obligations shall not apply to the extent that Confidential Information: (i) must be disclosed to comply with any requirement of law or order of a court or administrative body; (ii) is known to you, or in your or our possession, prior to receiving the disclosure of such Confidential Information from us as documented by notes or records; (iii) is known or generally available to the public through no act or omission of you or us in breach of these Terms; or (iv) is validly made available free of any legal restriction by a third party. The duties and requirements under this section shall survive termination of these Terms.

You hereby agree that any unauthorized disclosure of GET Thriving’s Confidential Information may cause immediate and irreparable injury to GET Thriving and that, in the event of such breach, GET Thriving will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.

User Submissions

You may have the ability to use the Services to communicate with other users of the Services and create, post, transmit or store any content on the Services, such as text, photos, video or graphics or otherwise interact with certain aspects of the Services that are available to other users.

You agree that you are solely responsible for any content you post, transmit or store on the Services (your “User Submissions”) and that you use the Services at your own risk.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Services any User Submission that:

• is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
• would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
• displays, describes or encourages usage of any product we sell in a manner that could be offensive, inappropriate or harmful to us or any user;
• may violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
• makes false or misleading statements, claims or depictions about a person, company, product or service;
• advertise any product or service or solicit any business;
• may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
• in the sole judgment of GET Thriving, restricts or inhibits any other person from using or enjoying the Services or which may expose GET Thriving or its users or partners to any harm or liability of any type.

GET Thriving takes no responsibility and assumes no liability for any User Submissions posted, stored or uploaded by you or any third party or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the Terms is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms in other instances. In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.

Although GET Thriving has no obligation to screen, edit or monitor any of the User Submissions posted on the Services, GET Thriving reserves the right, and has absolute discretion, to remove, screen or edit any User Submissions posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Submissions you post or store on the Services at your sole cost and expense.

Copyright Infringement

GET Thriving respects the intellectual property rights of others. If you believe that any material available on or through our Services (including, but not limited to, any Submission) infringes upon any copyright you own or control, please immediately notify us by following the steps set forth in our Copyright and Intellectual Property Policy (“Copyright Policy”). As described in more detail in the Copyright Policy, a copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that, pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a notification made under the Copyright Policy. Thus, if you are not sure that material located on or linked to via our Services infringes your copyright, you should consider first contacting an attorney.

Services Disclaimer

The information contained in the Services is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Services are provided on an “as is” basis without warranties of any kind, and, to the extent permitted by applicable law, GET Thriving disclaims all statutory and implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Medical and Mental Health Disclaimer

By participating, you agree to make your own mental and physical health a priority. GET Thriving does not provide mental health or medical advice. We make no claim or representation that the Services or content provided via the Services has any medical, mental health, or other therapeutic benefit.

The Services and content provided via the Services are intended for general educational and informational purposes only. The Services and content provided via the Services are not a substitute for medical or mental health advice from a qualified health care professional, nor are the services or content provided via the Services a substitute for any medical or mental health diagnosis, treatment, therapy, or care. 

GET Thriving is not responsible for any effect or reaction you may experience from using the services or content provided by us, our partners or other members of the community.

• Consult your mental health or medical professional before using our services - and always follow their advice
• Do not STOP medications, treatments or therapies without approval from your doctor.
• Do not START new medications, treatment or therapies without approval from your doctor.
• Carefully evaluate any advice received from us or other community members 
• STOP if you are experiencing strong emotions or feeling triggered by past trauma. 
• Certain exercises like meditations and PQ reps should only be done in a safe environment, never while driving or in any situation where diverting your attention may create an unsafe condition

By participating, you agree to take complete responsibility for your own physical/mental health and emotional well-being. It is up to you to independently assess any decisions, actions or inactions, resulting from or relating to the website, community, or coaching experience.

GET THRIVING DISCLAIMS, TO THE FULL EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITIES (WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, OR OTHER LEGAL THEORIES), FOR ANY ADVERSE EFFECT, REACTION OR CONDITION (WHETHER PHYSICAL, MENTAL, PSYCHOLOGICAL, OR OTHERWISE) WHICH YOU MAY EXPERIENCE AS A RESULT OF USING THE SERVICES OR ANY CONTENT PROVIDED VIA THE SERVICES.

Limitation of liability

To the maximum extent permitted by law, GET Thriving's aggregate liability related to these Terms (whether under contract, tort or otherwise) is limited to the amounts paid by you for the Products. GET Thriving will not be liable for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of any other person or business, whether owners, staff, agents or otherwise, affiliated with GET Thriving. GET THRIVING WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES RELATED TO THIS AGREEMENT (WHETHER UNDER CONTRACT, TORT OR OTHERWISE).

Indemnification

You agree to defend, indemnify and hold GET Thriving (and its directors, officers, members, investors, managers, employees and agents) harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, your placement or transmission of any message, content, information, software, or other submissions through the Services, or your breach or violation of the law or of these Terms. GET Thriving reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with GET Thriving's defense of such claim.

Prohibited use of the Services

You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Services. You agree not to violate any of the procedures, policies or regulations of networks connected to the Services, or to use the Services in a manner that is illegal, abusive or inconsistent with their intended use or our grant of access to you.  You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.  While these Terms cannot anticipate all potential misconduct or misuse of the Services, we reserve the right to take action, including suspension or termination of access to the Services, to address any future misuse of the Services.

Breach of these provisions may constitute a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Services will cease immediately.

 Electronic communications

When using the Services, you agree to transact with us electronically, and that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Services. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

General Provisions

Term. These Terms shall become effective with respect to you on the date you first accept these Terms by using the Services or otherwise, and shall remain in effect at all times while you continue to have an account with us or otherwise use the Services. 

Governing Law. These Terms shall be governed by the laws of the State of Alaska. No choice or conflict of laws rules of any jurisdiction shall apply to these Terms. For all claims other than those subject to arbitration pursuant to the terms of the “Binding Arbitration; Waiver of Class Claims” section set forth above, you hereby consent to the exclusive jurisdiction of such courts for any such action or claim brought by You. Notwithstanding the foregoing, either party shall be entitled to seek available equitable relief (including injunctive relief) in any jurisdiction with a reasonable connection to the subject matter of these Terms or the Services. Each party hereby waives any right to jury trial in connection with any action or claim in any way arising out of or related to these Terms. 

Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in theseTerms of Service. If you do not agree to this policy, please do not use the Site. These Terms may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which you are bound.

Contact Us

For all official notices or if you have any questions, concerns or complaints about these Terms of Service, please contact us:

• By email: [email protected] 
• By mail: GET Thriving, LLC 1150 S Colony Way, Suite 3, #563, Palmer AK 99645