Introduction and Acceptance

Please read these terms of use carefully before using this website, ThriveWriting.com, which is operated by Thrive Writing, Inc. and owned Thrive Media, Inc., of which Thrive Writing, Inc. is a division (hereinafter, “us”, “we”, Thrive Media, Inc. and/or “ThriveWriting.com”). By accessing and/or using ThriveWriting.com (other than to read these terms of use for the first time), you agree to comply with these terms of use, which may change from time to time as set forth below. If you do not agree to be bound by these terms of use, do not access or use ThriveWriting.com.

You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you now acknowledge. Such consideration includes, without limitation, your use of ThriveWriting.com and the materials and information available on the site.

In addition to these Terms of Use, ThriveWriting.com has established a Privacy Policy to explain how user information is collected and used by ThriveWriting.com as well as General Website and Blog Disclaimers. A copy of this Privacy Policy can be found here:  https://thrivewriting.com/thrive-writing-privacy-policy/ and a copy of the General Website and Blog Disclaimers can be found here: https://thrivewriting.com/thrive-writing-content-disclaimer/ and are incorporated by reference into these Terms of Use. By accessing or using our Website, you are signifying your acknowledgment and agreement to ThriveWriting.com’s Privacy Policy and Content Disclaimer.

Intellectual Property

ThriveWriting.com and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names, and trade dress that may appear on our Website are owned by us, our licensors, or both. You shall not acquire any right, title or interest in our Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

ThriveWriting.com Access and Use

When accessing our Website, including without limitation to the Website Content, you agree to comply with all applicable federal, state, and local laws including, without limitation copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Furthermore, except as expressly permitted in these Terms of Use, you may not:

  • remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on ThriveWriting.com or Website Content;
  • circumvent, disable or otherwise interfere with security-related features of our Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Website or Website Content;
  • use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our Website or Website Content for any purpose without the express written permission of ThriveWriting.com. Notwithstanding the preceding, ThriveWriting.com grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from our Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. ThriveWriting.com reserves the right to revoke this permission (generally or specifically) at any time;
  • collect or harvest any personally identifiable information from our Website including, without limitation, user names, passwords, email addresses;
  • solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  • attempt to or interfere with the proper working of our Website or impair, overburden, or disable the site;
  • decompile, reverse engineer, or disassemble any portion of any our Website;
  • use network-monitoring software to determine the architecture of or extract usage data from our Website;
  • encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or without permission, etc.;
  • engage in any conduct that restricts or inhibits any other user from using or enjoying our Website.

You agree to cooperate fully with Thrive Media, Inc. to investigate any suspected or actual activity that is in breach of these Terms of Use.

Website Content & Third Party Links

We provide our Website and Website Content, for the commercial, entertainment, informational, and promotional purposes of providing web-based services for the content writing and related services. You may not rely on any information and opinions expressed on our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

In many instances, Website Content will include content created by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on our Website by anyone other than authorized employees or spokespersons of Thrive Media, Inc. while acting in their official capacities, except where subject to our Content Disclaimer.

If there is a dispute between persons accessing our Website or between persons accessing our Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Thrive Media, Inc., the owner of ThriveWriting.com, and its officers, directors, employees, parents, partners, successors, agents, affiliates, divisions, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

Our Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse or recommend the content found on these third-party websites. In all cases, you assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website or any reliance on content provided by any third-party or located on their website.

Indemnification

You agree to indemnify and hold harmless Thrive Media, Inc. and ThriveWriting.com and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, divisions, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of any of our Website; (ii) Content provided through use of our Website; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in defense of any claim that is the subject of your obligations hereunder.

Disclaimers

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITES IS AT YOUR SOLE RISK. OUR WEBSITES AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW THRIVE MEDIA,  INC., THE OWNER OF THRIVEWRITING.COM, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THRIVEWRITING.COM; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH OUR WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE WORDPRESS PLATFORM WILL BE CORRECTED.

Limitation on Liability

UNDER NO CIRCUMSTANCES SHALL THRIVE MEDIA, INC., THE OWNER OF THRIVEWRITING.COM, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THRIVEWRITING.COM OR THRIVE MEDIA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING OUR WEBSITE. SUCH LIMITATION SHALL ALSO APPLY CONCERNING DAMAGES INCURRED BECAUSE OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR ANY LINKS ON OUR WEBSITES, AS WELL AS BECAUSE F ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OUR WEBSITE OR ANY LINKS ON OUR WEBSITE. SUCH LIMITATION SHALL ALSO APPLY CONCERNING DAMAGES INCURRED BECAUSE OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON OUR WEBSITES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THRIVE MEDIA, INC., THE OWNER OF THRIVEWRITING.COM, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, DIVISIONS, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THRIVEWRITING.COM DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH OUR WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the preceding limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

Termination

Thrive Media, Inc. reserves the right in our sole discretion and at any time to block your access to ThriveWriting.com for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that Thrive Media, Inc., the owner of ThriveWriting.com, shall not be liable to you or any third party for blocking your access to our Website.

Any termination of use shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the termination of your access or these Terms of Use shall survive including, but not limited to the indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions below.

Copyright Policy

Thrive Media, Inc., and ThriveWriting.com respect the intellectual property rights of others and expect its users to do the same. In appropriate circumstances and at its sole discretion, ThriveWriting.com may remove or disable access to material on any of its websites or hosted on its systems that may be infringing or the subject of infringing activity.

Under the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Thrive Media, Inc., the owner of ThriveWriting.com’s Designated Agent which is:

Physical Mail:
Attn: DMCA Registered Agent
Thrive Media, Inc.

412 Main Street, Suite 100
Buffalo, WY, 82834
Email: dmca_notice at thrivemedia dot se*

(*See our Anti-Spam Policy as it relates to the use of this email address.)

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information is reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

Governing Law

These Terms of Use shall be governed by and construed under the laws of the State of Wyoming without regard to its conflict of laws rules. Any action arising out of your use of the Website or these Terms and Conditions shall be brought in any state or federal court located in Laramie County, Wyoming.

Dispute Resolution

In the Dispute Resolution Section only, “we” and “us” are used to refer to you and Thrive Media, Inc., the owner of ThriveWriting.com, together.

  • We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in these Terms of Use. We will contact you based on the contact information you have provided us.
  • We each agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Terms of Use and can award the same damages and relief, including any attorney’s fees authorized by law. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
    • “Disputes” are any claims or controversies against each other related in any way to our Website, Website Content or these Terms of Use – this includes claims you bring against our employees, agents, affiliates or other representatives, and claims ThriveWriting.com may bring against you.
    • If either of us wants to arbitrate a dispute, we agree to send written notice to the other providing a description of the dispute, previous efforts to resolve the dispute, all supporting documents/information, and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice to us must be sent to Thrive Media, Inc., Attn: Legal Notices, 412 Main Street, Suite 100, Buffalo, WY, 82834. We agree to make attempts to resolve the dispute. If we cannot resolve the dispute within forty-five (45) days of receipt of the notice to arbitrate, then we may submit the dispute to formal arbitration.

The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

  • The arbitration will be administered by the National Arbitration Forum (“NAF”) under its arbitration rules. If any NAF rule conflicts with these Terms of Use, these Terms of Use apply. You can obtain procedures, rules, and fee information from the NAF at 1-800-474-2371 or www.adrforum.com.
  • Unless we each agree otherwise, the Arbitration will be conducted by a single neutral arbitrator and will take place in your county of residence in the United States; otherwise, the Arbitration will take place in Cheyenne, Wyoming. The federal or state law that applies to these Terms of Use will also apply during the arbitration.
  • We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply, and the dispute must be brought in court.
  • We each are responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. However, we will cover any arbitration administrative or filing fees above: (a) $25 if you are seeking less than $1,000 from us; or (b) the equivalent court filing fees for a court action in the appropriate jurisdiction if you are seeking $1,000 or more from us.

Either of us may bring qualifying claims in small claims court.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

No Trial By Jury

TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

Amendment; Additional Terms

We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use. Also, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Website generally, unique parts of our Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on our Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Website from time to time for any changes or Additional Terms. Your access and use of any our Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or any Additional Terms, you should immediately discontinue use of our Website.

Miscellaneous

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement between the parties concerning the subject matter hereof and supersede all previous written or oral agreements between us concerning such subject matter.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. Thrive Media, Inc., the owner of ThriveWriting.com, may assign these Terms of Use or any rights hereunder without your consent and notice.

Notices

All notices, requests, and communications other than legal notices hereunder shall be in writing, and any such notice, request or other communication shall be deemed to have been given or made when delivered by hand or, in the case of delivery by mail, when deposited in the mail, certified mail, return receipt requested, postage prepaid, to Thrive Media, Inc., 30 Gould Street, Suite 4000 Sheridan, WY, 82801.

(c) 2016-2017. Thrive Writing, Inc., a division of Thrive Media, Inc. All rights reserved.

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