Terms of Use

 

TERMS OF USE

THE THRIVE SHIFT LLC 

Welcome to the website of The Thrive Shift LLC, an Illinois limited liability company (“we,” “us,” “our”).  These Terms of Use and our Privacy Policy (collectively, “Terms”) form a legally binding agreement between us and you, the user of our website.

ABOUT OUR WEBSITE ADN THE TERMS

By using our website, you agree to these Terms and the use of data as described in our Privacy Policy.

If you do not agree, then you should stop using our website.

If you are under the age of 18, this website is not for you and you should stop using this website.

Our website and blog contain information about our services.  Unless otherwise specifically stated, we own all content on our website (“Content”).  Our website and the Content are protected by US and international laws relating to copyright, trademark and trade dress, or other intellectual property rights, as well as laws relating to unfair competition.

All Content on our website is for informational purposes only.  Nothing on our website is meant to provide medical advice, diagnosis or treatment.  See your medical provider for that.  Your use of our website does not, and cannot, create any doctor-patient, or similar, relationship.

 

LIMITED LICENSE 

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, and view Content for your personal and non-commercial use only.  You have no other rights to the Content.  This license is automatically revoked if you breach these Terms.  We may terminate your license at any time for any or no reason.

LIMITATIONS ON USE

By using our website, you warrant that you will not:

  •             Modify, copy, or prepare derivative works of the Content.

  •             Remove any copyright or other proprietary notations from our Content or the website.

  •             Transfer our Content to another person or mirror the Content on any other server or website.

  •             Knowingly or negligently use our website in a way that abuses or disrupts our website.

  •             Use this website in violation of any applicable laws or regulations.

  •             Use this website in conjunction with sending unauthorized advertising or spam

  •             Collect any user data without the user’s consent in any fashion.

  •             Use the website or our Content in a way that may infringe the privacy, intellectual property, or other rights of third parties.

 

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION IMPLIED WARRANTIES RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM VIRUSES OR OTHER MALICIOUS SOFTWARE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, OR INJURY OF ANY KIND.  THIS INCLUDES, WITHOUT LIMITATION, DIRECT DAMAGES AND ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE.  THIS IS SO EVEN IF WE HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION OR THE BASIS ON WHICH LIABILITY OR DAMAGES ARE ASSERTED.

 

INDEMNIFICATION BY YOU 

You agree to indemnify, defend and hold us harmless from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your actual or alleged a)  breach of these Terms; b) misuse of this website or the Content;  c) violation of any laws, rules, regulations, codes, etc. of any governmental, or quasi-governmental, authorities; violation of the rights of a third-party; d) misrepresentations.

 

UPDATES AND CHANGES 

We reserve the right to change any Content on our website and to add Content at any time.

We also reserve the right to change these Terms without notice.  Any such changes are effective immediately upon posting.  Your use of our website after we have posted the changed Terms constitutes your agreement to the new Terms.  You should check Terms to see if we have made any changes.  If we choose to, we may describe changes or link to a description of changes on our landing page.  If you object to the changed Terms, your only recourse it to stop using our website.

 

GENERAL TERMS 

These terms shall be governed by the laws of the state of Illinois without regard to its rules governing conflicts or choice of law.  Jurisdiction and venue of any action shall be in the state and federal courts for Champaign, IL. 

Any term of these Terms that is determined to be void or unenforceable shall be enforced to the extent possible so as to effect the intent of the parties.  All other terms shall remain in full force and effect.  To the extent permitted by law, you waive any provision of law that permits a contract to be construed against its drafter.

The failure by us to exercise any rights under, or enforce any provisions of, these Terms shall operate as a waiver of that, or any other, right or provision

The section headings are provided for convenience only and shall not be considered part of these Terms.