THRIVE FOUNDATION FOR YOUTH WEBSITE TERMS OF USE

Introduction; Your Agreement to these Terms of Use.

Welcome to the Thrive Foundation for Youth ("Thrive Foundation") website, www.thrivefoundation.org (the "Thrive Foundation Site"). The following Terms of Use for the Thrive Foundation Site is a legal contract between You, an individual user or a single entity (collectively or individually, "Users" or "You"), and Thrive Foundation regarding Your use of the Thrive Foundation Site. If You access or use any other websites operated by or affiliated with Thrive Foundation other than the Thrive Foundation Site as specified herein, Your access and use of such websites is subject to the terms of use as described on those separate websites.

BEFORE USING THE THRIVE FOUNDATION SITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING, AND USING THE THRIVE FOUNDATION SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE THRIVE FOUNDATION SITE.

1. Eligibility. You represent that You are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. In any case, You affirm that You are over the age of 13, as the Thrive Foundation Site is not intended for children under 13. If You are using the Thrive Foundation Site on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then You represent and warrant that You: are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization.
   
   
2. Privacy Policy. Your privacy is important to Thrive Foundation. Thrive Foundation's Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of Your personal information.
   
   
3. Individual Features and Services. When using the Thrive Foundation Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
   
   
4. Modification of the Terms. Thrive Foundation reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice to You. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Thrive Foundation Site after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective 30 days after they are initially posted on the Thrive Foundation Site.
   
   
5. Thrive Foundation Site Access. Thrive Foundation grants You permission to use the Thrive Foundation Site as set forth in these Terms, provided that (i) You use the Thrive Foundation Site solely for Your personal, private, noncommercial use; (ii) You do not copy, publicly display or distribute any part of the Thrive Foundation Site in any medium without Thrive Foundation's prior written authorization; (iii) You do not alter or modify any part of the Thrive Foundation Site other than as may be reasonably necessary to use the Thrive Foundation Site for its intended purposes; (iv) You do not engage in any of the prohibited uses described below; and (v) You will otherwise fully comply with these Terms. The Thrive Foundation Site is controlled and offered by Thrive Foundation from its facilities in the United States of America. Thrive Foundation make no representations that the Thrive Foundation Site is appropriate or available for use in other locations. Those who access or use the Thrive Foundation Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.
   
   
6. Ownership; Proprietary Rights. The Thrive Foundation Site is owned and operated by Thrive Foundation. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Thrive Foundation Site that are provided by Thrive Foundation ("Thrive Foundation Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Thrive Foundation Materials contained on the Thrive Foundation Site are the copyrighted property of Thrive Foundation or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in the Thrive Foundation Materials or on the Thrive Foundation Site are proprietary to Thrive Foundation or its affiliates and/or third-party licensors. Except as expressly authorized by Thrive Foundation, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Thrive Foundation Materials. Thrive Foundation reserves all rights not expressly granted in these Terms. User shall not acquire any right, title or interest to the Thrive Foundation Materials, except for the limited rights set forth in this Agreement.
   
   
7. Prohibited Uses.
   
   (a) As a condition of Your use of the Thrive Foundation Site, You will not use the Thrive Foundation Site for any purpose that is unlawful or prohibited by these Terms. Access to the Thrive Foundation Materials and the Thrive Foundation Site from territories where their access or use thereof is illegal is strictly prohibited. Thrive Foundation Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
   
   (b) Any use by You of any of the Thrive Foundation Materials and Thrive Foundation Site other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Thrive Foundation Site, use of the Thrive Foundation Site, access to the Thrive Foundation Site, or content obtained through the Thrive Foundation Site, for any purpose other than for Your personal, private, non-commercial purposes.
   
   (c) You agree not to defame, harass, abuse, threaten, stalk, or defraud Users of the Thrive Foundation Site, or collect, or attempt to collect, personal information about Users or third parties without their consent.
   
   (d) You agree not to intentionally interfere with or damage, impair, or disable the operation of the Thrive Foundation Site or any User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.
   
   (e) You agree not to remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Thrive Foundation Site, features that prevent or restrict the use or copying of any content accessible through the Thrive Foundation Site, or features that enforce limitations on the use of the Thrive Foundation Site.
   
   (f) You agree not to attempt to gain unauthorized access to the Thrive Foundation Site, or any part of it, other accounts, computer systems, or networks connected to the Thrive Foundation Site, or any part of it, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Thrive Foundation Site or any activities conducted on the Thrive Foundation Site.
   
   (g) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Thrive Foundation Site. You agree neither to modify the Thrive Foundation Site in any manner or form, nor to use modified versions of the Thrive Foundation Site, including (without limitation) for the purpose of obtaining unauthorized access to the Thrive Foundation Site.
   
   (h) You agree that You will not use any robot, spider, scraper, or other automated means to access the Thrive Foundation Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Thrive Foundation Site.
   
   (i) You agree not to utilize framing techniques to enclose any trademark, logo, or other Thrive Foundation Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Thrive Foundation's name or trademarks without our express written consent.
   
   (j) You agree not to deep-link to the Thrive Foundation Site and will promptly remove any links that Thrive Foundation finds objectionable in its sole discretion. You agree not to use any Thrive Foundation logos, graphics, or trademarks as part of the link without our express written consent.
   
   (k) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Thrive Foundation Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
   
   (l) You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Thrive Foundation Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
   
   (m) You agree not to modify, adapt, translate, or create derivative works based upon the Thrive Foundation Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
   
   
8. Availability of Service. Thrive Foundation may make changes to or discontinue any of the media, products, or services available within the Thrive Foundation Site at any time, and without notice. The media, products, or services on the Thrive Foundation Site may be out of date, and Thrive Foundation makes no commitment to update these materials on the Thrive Foundation Site.
   
   
9. User Disagreements. You alone are responsible for Your involvement with other Users. Thrive Foundation reserves the right, but has no obligation, to monitor disagreements between You and other Users.
   
   
10. Terms of Use Violations; Termination.
    
    (a) Thrive Foundation. You agree that Thrive Foundation, in its sole discretion and for any or no reason, may terminate Your use of the Thrive Foundation Site at any time. Thrive Foundation may also in its sole discretion and at any time discontinue providing access to the Thrive Foundation Site, or any part thereof, with or without notice. You agree that any termination of Your access to the Thrive Foundation Site may be effected without prior notice, and You agree that Thrive Foundation shall not be liable to You or any third-party for any such termination. Thrive Foundation does not permit infringing activities on the Thrive Foundation Site, and reserves the right to terminate access to the Thrive Foundation Site, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Thrive Foundation may have at law or in equity.
    
    (b) User. If You are dissatisfied with the Thrive Foundation Site, please let us know info@thrivefoundation.org . Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Thrive Foundation Site, (ii) any term of these Terms, (iii) any policy or practice of Thrive Foundation in operating the Thrive Foundation Site, or (iv) any content or information transmitted through the Thrive Foundation Site, is to terminate these Terms. You may terminate these Terms at any time by discontinuing Your use of any and all parts of the Thrive Foundation Site. info@thrivefoundation.org .
    
    
11. Indemnification; Hold Harmless. You agree to indemnify and hold harmless Thrive Foundation, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney's fees) arising out of (i) Your use or misuse of the Thrive Foundation Site; (ii) Your violation of these Terms; (iv) Your violation of the rights of any other person or entity; and (v) Your breach of the foregoing representations, warranties, and covenants. Thrive Foundation reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us and You agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Thrive Foundation. Thrive Foundation will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
    
    
12. Disclaimers; No Warranties.
    
    (a) No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THRIVE FOUNDATION, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THRIVE FOUNDATION OR THROUGH THE THRIVE FOUNDATION SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 12, THE TERM THRIVE FOUNDATION INCLUDES THRIVE FOUNDATION'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
    
    (b) "As is" and "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE THRIVE FOUNDATION SITE IS AT YOUR SOLE RISK. THE THRIVE FOUNDATION SITE AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE THRIVE FOUNDATION SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
    
    (c) Platform Operation and Content. THRIVE FOUNDATION, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE THRIVE FOUNDATION MATERIALS, THRIVE FOUNDATION SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE THRIVE FOUNDATION SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
    
    (d) Accuracy. THRIVE FOUNDATION, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THRIVE FOUNDATION SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
    
    (e) Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE THRIVE FOUNDATION SITE (INCLUDING RSS FEEDS) AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
    
    
13. Limitation of Liability and Damages.
    
    (a) Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THRIVE FOUNDATION OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE THRIVE FOUNDATION MATERIALS ON THE THRIVE FOUNDATION SITE, THE THRIVE FOUNDATION SITE ITSELF, OR ANY OTHER INTERACTIONS WITH THRIVE FOUNDATION, EVEN IF THRIVE FOUNDATION OR A THRIVE FOUNDATION AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THRIVE FOUNDATION'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    
    (b) Limitation of Damages. IN NO EVENT SHALL THRIVE FOUNDATION OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE THRIVE FOUNDATION SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF ONE HUNDRED DOLLARS.
    
    
14. Limitations by Applicable Law; Basis of the Bargain.
    
    (a) Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
    
    (b) Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT THRIVE FOUNDATION HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THRIVE FOUNDATION, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THRIVE FOUNDATION. YOU ACKNOWLEDGE AND AGREE THAT THRIVE FOUNDATION WOULD NOT BE ABLE TO PROVIDE THE THRIVE FOUNDATION SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
    
    
15. Miscellaneous.
    
    (a) Notice. Thrive Foundation may provide You with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Thrive Foundation Site. Notice will be deemed given twenty-four hours after email is sent, unless Thrive Foundation is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Thrive Foundation Site. In such case, notice will be deemed given three days after the date of mailing.
    
    (b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
    
    (c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Thrive Foundation Site shall be filed only in the state or federal courts in and for Santa Clara County, California and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
    
    (d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Thrive Foundation to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
    
    (e) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
    
    (f) Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Thrive Foundation without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
    
    (g) Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Thrive Foundation as a result of these Terms or use of the Thrive Foundation Site. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, contractually implied or other relationship is created between You and Thrive Foundation other than pursuant to these Terms.
    
    (h) Survival. Sections 6, 7, 10, 11, 12, 13, and 14 will survive any termination of these Terms.
    
    (i) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
    
    (j) Entire Agreement. This is the entire agreement between You and Thrive Foundation relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Thrive Foundation as set forth in Section 4 above.
    
    (k) Claims. YOU AND THRIVE FOUNDATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE THRIVE FOUNDATION SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    
    (l) Disclosures. The services hereunder are offered by Thrive Foundation, email: info@thrivefoundation.org. If You are a California resident, You may have this same information emailed to You by sending an email to the foregoing email address with Your email address and a request for this information.
    
    

Last Updated: April 29, 2011