Terms of Service

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Thrive Themes LLC (“Thrive Themes”) and located at thrivethemes.com and *.thrivethemes.com (the “Site”) including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and access and use of the services available thereon, including, without limitation, the services that enable you to create, test and host promotion-specific custom landing pages for online marketing purposes (the “Services”). This Agreement is legally binding between you, the person using this Site, and Thrive Themes. Terms such as “we,” “our” and “us” refer to Thrive Themes.

YOU ACCEPT AND AGREE TO THIS AGREEMENT AND CONSENT TO THRIVE THEMES’ PRIVACY POLICY LOCATED AT https://thrivethemes.com/privacy-policy/ (THE “PRIVACY POLICY”), BY DOING ANY ONE OF THE FOLLOWING ITEMS: (1) VISITING THIS SITE; (2) MAKING A PURCHASE OR SUBMITTING CONTENT THROUGH THE SITE; (3) COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE; OR (4) BY EXECUTING A SUBSCRIPTION THAT REFERENCES THIS AGREEMENT. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services. The provisions of this Agreement that relate to terms for the payment of fees specified in any subscription or payment to Services apply only to those products and purchases with payments and paid subscriptions. All other terms apply.

On our Site, we may provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.

Thrive Themes may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.

Ability to Enter into this Agreement

This Site and the Services are not designed for or directed at children 13 years of age or younger. In addition, in order to enter into this Agreement, you must be 18 years old or have otherwise reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.

You may not use the Services and may not accept this Agreement if (a) you are not of legal age to form a binding contract with Thrive Themes, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are a resident or from which you use the Services.

Before you continue, you should print or save a local copy of this Agreement for your records.

Your Profile Information and Account

In order to access certain Services, you may be required to provide information about yourself (such as API, identification or contact details) as part of the registration process for the Service or as part of your continued use of the Services. You may also have to create passwords or other forms of authentication. You agree to provide true, accurate, current and complete information about yourself, and you may not misrepresent your profile information. You agree and understand that you are responsible for maintaining the confidentiality of any such information or passwords. Accordingly, you agree that you will be solely responsible to Thrive Themes for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Thrive Themes immediately.

Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying Thrive Themes immediately.

By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. It is your responsibility to update or change that e-mail address, as appropriate.

By providing us with your phone number, you agree to allow Thrive Themes to contact you via that telephone number regarding all billing notices and/or inquiries (including, but not limited to: payment issues, billing discrepancies, declined/failed payments and/or expired payment methods). It is your responsibility to update or change that phone number, as appropriate.

Fees

You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first fourteen (14) days (as described in the section below entitled Cancellation and Termination and in the Thrive Themes Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

Intellectual Property Rights

All right, title, interest and ownership and intellectual property rights in and to the Site, Thrive Themes trademarks and the templates provided via the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than your Content, are and will remain the property of Thrive Themes or its software or content suppliers. Any templates or derivatives of templates provided that you may build using the Site belong to Thrive Themes. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties.

Subject to the terms and conditions of this Agreement, Thrive Themes grants to you, during the term of this Agreement, a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Services that are subject to a valid Subscription.

You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Thrive Themes related to the Services, the Site or Thrive Themes or its business (“Feedback”) shall become Thrive Themes' property without any compensation or other consideration payable to you by Thrive Themes, and you do so of your own free will and volition. Thrive Themes may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Thrive Themes may decide into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Thrive Themes in any Feedback and, as applicable, waive any moral rights.

Thrive Themes owns any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Thrive Themes LLC or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Thrive Themes LLC or its Affiliates.

Confidential Information

You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from Thrive Themes during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs and inventions, discoveries, and improvements of any kinds.

Plugin License

Thrive Themes WordPress plugins are premium licensed plugins and not a part of GPL, as they are not available on WordPress plugin directory, with only one exception for Thrive Automator.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THRIVE THEMES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

THRIVE THEMES DISCLAIMS ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT, FROM TIME TO TIME, THRIVE THEMES MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT THRIVE THEMES, IN ITS SOLE DISCRETION, MAY ELECT TO TAKE. THRIVE THEMES MAKES NO GUARANTEE REGARDING: (A) THE SECURITY OF ANY INFORMATION PROVIDED BY YOU INCLUDING BUT NOT LIMITED TO YOUR API; OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.

THRIVE THEMES IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY THRIVE THEMES, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY THRIVE THEMES.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. THRIVE THEMES DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THRIVE THEMES OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE SITE IS OFFERED AND CONTROLLED BY THRIVE THEMES FROM ITS FACILITIES IN THE UNITED STATES. THRIVE THEMES MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Web Content Accessibility Guidelines Compliance Disclaimer (“WCAG Disclaimer”)

YOU ACKNOWLEDGE AND AGREE THAT THRIVE THEMES DO NOT WARRANT, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE IS OR SHALL EVER BE COMPLIANT WITH THE WEB CONTENT ACCESSIBILITY GUIDELINES PURSUANT TO WCAG 2.0, WCAG 2.1, AND/OR ANY SUCCESSOR LAWS OR GUIDELINES (COLLECTIVELY, “WCAG COMPLIANCE”).

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THRIVE THEMES DOES NOT WARRANT, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE, CODING, AND/OR PHP PROGRAMMING LANGUAGE CAN BE MODIFIED TO MEET WCAG COMPLIANCE.

BY USING AND/OR DOWNLOADING THRIVE THEMES YOU EXPRESSLY ACCEPT THRIVE THEMES AS-IS AND AGREE TO BE FULLY RESPONSIBLE AND SOLELY LIABLE TO ENSURE THAT YOUR WEBSITE AND/OR YOUR INTENDED USE OF THRIVE THEMES MEETS WCAG COMPLIANCE AND ANY OTHER ACCESSIBILITY REGULATIONS, AS REQUIRED BY LAW, WHICH MAY CHANGE FROM TIME-TO-TIME. YOU FURTHER AGREE TO TEST THRIVE THEMES AND ALL OF ITS FUNCTIONALITY AND FEATURES ON YOUR WEBSITE LOCALLY PRIOR TO ALLOWING THRIVE THEMES TO BECOME LIVE TO THE PUBLIC IN ORDER TO ENSURE THAT YOU ARE ABLE TO MEET WCAG COMPLIANCE. FURTHER, IT IS YOUR RESPONSIBILITY TO REMAIN INFORMED ON ALL ISSUES AND REQUIREMENTS RELATING TO WCAG COMPLIANCE.

BY CHOOSING TO DOWNLOAD, INSTALL AND/OR OTHERWISE USE THRIVE THEMES ON YOUR WEBSITE, A THIRD-PARTY WEBSITE, AND/OR ANY OTHER ONLINE PLATFORM YOU HEREBY CLAIM THAT ANY SUCH WEBSITE(S) AND/OR ONLINE PLATFORM(S), INCLUDING ALL PAGES AND FEATURES HAVE BEEN TESTED BY YOU AND MEET WCAG COMPLIANCE. IN NO EVENT SHALL THRIVE THEMES (INCLUDING ANY OF ITS AUTHORIZED REPRESENTATIVES, PRINCIPALS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, ASSOCIATES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, LICENSEES AND/OR OWNERS) BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF FOR ANY FAILURE TO MEET WCAG COMPLIANCE. YOU AGREE TO TAKE ALL RESPONSIBILITY RELATED TO MEETING WCAG COMPLIANCE.

IN THE EVENT THERE ARE ANY CONTRADICTIONS BETWEEN THE TERMS CONTAINED IN THIS WCAG DISCLAIMER AND ANY OTHER TERMS OF SERVICE ON THIS SITE, THEN THE TERMS HEREIN SHALL CONTROL AS TO AN INCONSISTENCIES.

Support

Support for plugins sold and distributed by Thrive Themes LLC is only available for those who have an active, paid support license.

Support, plugin access, updates and plugin downloads are granted for the duration of a subscription and based on the license that you have purchased OR one year after the original purchase of non-recurring product licenses. The purchaser must renew their license in order to continue receiving support, plugin access, updates, and access to download plugin files for the items purchased.

Support for Thrive Themes is provided as long as Thrive Themes is actively in development. Should any one of the following occur, Thrive Themes LLC will no longer be responsible for providing support for Thrive Themes:

Thrive Themes is no longer actively developed as a viable product under Thrive Themes LLC.
Thrive Themes or the parent company is purchased or bought out by another company.
WordPress is no longer actively developed.

While we attempt to provide the best support possible for our plugins, we do not guarantee that any particular support query can or will be answered to the extent that the inquirer is completely satisfied.

License Holders

At Thrive Themes, we build WordPress themes and plugins so that individuals and businesses can build conversion-focused web sites on the WordPress platform.

We do not own or host your site. Instead we offer distributed software that you can install on a WordPress installation that you own. Even when you cancel your software subscription or licenses, the content and creations you've made with our software remain on your website and owned entirely by you. However, an active license and/or subscription is required to continue creating or editing your website with Thrive Themes software.

Only a license holder is permitted to request support or access support resources. If any attempt is made by another party other than the license holder to access support in a manner not specified, we reserve the right to suspend indefinitely the license key without notice or consent.

Re-posting content from any portion of this site, including support forum and documentation materials, is strictly prohibited. If any attempt is made to re-post content in a manner specified above, we reserve the right to suspend indefinitely the license key without notice or consent.

Sharing or Reselling your license key is not allowed. If we discover a violation of this rule, we reserve the right to immediately suspend the account without notice, indefinitely.

Inactive License

If your license becomes inactive and is otherwise no longer valid, (a) Thrive Themes will no longer be obligated to provide you the Services, (b) your account will no longer be accessible by you to download plugin files, access software functionality, create new content or edit existing content, templates or derivatives of templates that you may have built using the Site, (c) you will immediately stop using Services, and (d) all licenses and other rights granted to you under the Agreement will immediately cease. Thrive Themes will not be liable to you or any third party for termination of this Agreement or any termination or suspension of your use of the Services.

Content and creations made for and hosted on your website with Thrive Themes software will remain accessible to visitors after a license becomes inactive, and remains entirely owned by you. However, to continue editing or creating new content and creations, you will require an active license.

YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE DELETED FROM YOUR ACCOUNT UPON YOUR LICENSE BECOMING INACTIVE. THIS CONTENT CANNOT BE RECOVERED ONCE DELETED. IF YOUR LICENSE IS NOT ACTIVE, THRIVE THEMES WILL NOT STORE CONTENT ON YOUR BEHALF.

Agency License Holders - Additional Terms

The Thrive Suite Agency License is NOT a resale, re-branding, PLR, or MRR license. You MAY NOT sell the themes or plugins directly and you cannot claim credit for them.
You may not sell any kind of service where Thrive Themes products are pre-installed. This includes hosting packages and things like WordPress setup services.
You can use the themes and software to create websites that you built for clients as part of an extended service (i.e. the client gets more from you than just a theme installation).
You can sell websites that are using a Thrive Theme, without your buyer having to purchase a license of their own.
The buyer cannot use the theme on any other site or transfer the theme from the original site, without getting a license of their own.
Your clients can use all the options in the themes and plugins, but they cannot transfer them to other sites, without getting a license of their own.
You cannot charge less for your service that includes Thrive products than those products cost (e.g. a site setup fiverr gig that includes a Thrive plugin installation is not allowed).

In the event of a breach, we reserve the right to cancel your account immediately without a refund.

Limitation of Liability / Exclusion of Consequential and Related Damages

NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. HOWEVER, THE ABOVE LIMITATIONS WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE “FEES” SECTION OF THE AGREEMENT.
IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN THRIVE THEMES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU ON ANY THIRD PARTY SITES. YOU ALSO AGREE THAT THRIVE THEMES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.

Thrive Themes reserves the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Thrive Themes shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension or discontinuance.

Indemnity

You agree to indemnify, defend, and hold harmless Thrive Themes, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content, including without limitation your Content and any third party Content, forming part of the Site; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Thrive Themes reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Thrive Themes and you agree to cooperate with Thrive Themes' defense of these claims. You agree not to settle any matter without the prior written consent of Thrive Themes. Thrive Themes will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Automatic Renewal

Unless you notify Thrive Themes LLC before the end of the applicable subscription period that you want to cancel your renewal, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription for such Renewal using any credit card or other payment medium we have on record for you. A subscription can be cancelled at any time in the My Account section of your dashboard.

Cancellation and Termination

If you wish to cancel your Subscription, you can do so by logging into your account and proceeding with this option through the My Account menu. If you are unable to find this option within the billing section or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, provided however that if you cancel your Subscription within the first thirty (30) days of opening your Thrive Themes Account, you will be eligible to receive a refund of your Subscription fee provided you have contacted our support team before cancellation.

Upon cancellation of your Subscription, Thrive Themes is under no obligation to maintain or store your account information or Content. Thrive Themes may, at its option, either delete your information and Content immediately or retain it (in full or in part) in accordance with Thrive Themes' processes and practices.

Thrive Themes reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, Thrive Themes may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. Thrive Themes also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. Thrive Themes reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

Refund Policy

The Thrive Themes no-risk money back guarantee offers that, if at any time within the first 30 days of opening your paid Account or within 14 days of your annual renewal.

Should you decide that Thrive Themes is not for you, then just let our awesome support team know (we make it easy!). We will stop your Subscription and issue you a refund. Your request for a refund must be received within 24 business hours of the 30 days of the date and time of opening your paid Account or within 14 days of your annual renewal. While some refunds may be instant, refund credit can take up to 5 – 10 business days to show up in your credit card statement.

If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund.

Discount Policy

On occasion, Thrive Themes may offer purchase incentives in the form of subscription discount codes. Discount codes are applied on an introductory basis, meaning that are only applied for the first term of the subscription selected. Discount codes do not perpetuate with the life of the subscription. After your initial term has passed, subscriptions will be charged the regular price.

Agreement to Governing Law and Jurisdiction

If there is any dispute between you and Thrive Themes about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in West Palm Beach, Palm Beach County, Florida, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that Thrive Themes may seek and obtain injunctive relief in any jurisdiction.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if Thrive Themes does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Thrive Themes has the benefit of under any applicable law), this will not be taken to be a formal waiver of Thrive Themes' rights and that those rights or remedies will still be available to Thrive Themes.

Surviving Provisions

The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Manner of Giving Notice

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.

Miscellaneous

NPS is a registered trademark, and Net Promoter Score and Net Promoter System are service marks, of Bain & Company, Inc., Satmetrix Systems, Inc. and Fred Reichheld.

For any questions, feel free to reach out at 561-408-1057

Terms of Service for Thrive Pro Services

This General Terms and Conditions (this “Agreement”) is entered into by and between Thrive Themes and You and is made effective as of the date of your electronic acceptance of this Agreement. This Agreement sets forth the general terms and conditions of the services purchased or accessed through the Site. Any Services Agreements are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

DEFINITIONS. For the purposes of this Agreement:
1. “Change Orders” shall mean an order that authorizes an addition, deletion or revision in the Services or an adjustment to the Fee or the time for performance of the Services.
2. “Fees” shall mean monies and other consideration you are obligated to pay to Thrive Themes for the particular Services for which you have purchased.
3. “Fee Schedule” shall mean the Fees for the Services as published on the Site, which may be modified at any time in Thrive Themes' sole discretion.
4. “International Customers” shall mean customers residing in or accessing the Services from outside of the United States.
5. “Laws” shall mean the laws, statutes, and regulations then in effect of the United States of America and its various states and dependencies as well as the laws of Your country of residence or the country in which you use or access the Services and the laws of any provinces, states or dependencies thereof.
6. “Parties” shall collectively refer to Thrive Themes and you.
7. “Payment Account” shall refer to the credit card provided by You upon registration to pay for Your Services. Thrive Themes may add, delete, or modify the methods by which customers can pay for the Services at any time without prior notice, in its sole discretion. Payments processed by third parties are subject to such third-party’s terms and conditions of service, and Thrive Themes makes no representations or warranties with respect to those services.
8. “Services” shall mean the services purchased or accessed through the Site and provided by Thrive Themes and/or Thrive Themes' affiliates, agents, or assigns at any given time.
9. “Services Agreements” shall mean any agreements, arrangements and/or additional policies that apply to Your Services.
10. “Site” shall mean thrivethemes.com.
11. “Thrive Themes”, “us,” “we,” “our” and grammatical variants thereof shall collectively refer to Thrive Themes LLC and its assigns and successors in interest.
12. “You”, “your” and grammatical variants thereof shall mean you, any other entity which has an ownership or other beneficial interest in you, or any other entity in which you have an ownership or other beneficial interest.
13. “Your Services” shall mean the specific Services for which you have contracted, subject to the limitations and specifications of the particular service effective as of the date of contract and to the Fees for those Services pursuant to the current Fee Schedule.
TERM AND TERMINATION.
1. Month-to-Month. Thrive Themes offers certain Services for which the term of this Agreement shall be one month and shall be automatically renewed each month for additional one month periods. Any and all Fees for the month-to-month Services are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end its term you will not be entitled to a refund.
2. Extended Term. Thrive Themes offers certain packages for which the term of this Agreement shall be in excess of one month (the “Extended Term Packages”), at the end of which this Agreement shall automatically renew for additional terms of equal length. Any and all Fees for the Extended Term Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof. Should you choose to terminate your Extended Term Package prior to the end its term you will not be entitled to a refund.
3. Minimum Term. Notwithstanding anything herein to the contrary, Thrive Themes offers certain packages for which the initial term of this Agreement shall be in excess of one month and shall have minimum term requirements (the “Minimum Term Contract Packages”), at the end of which such initial term this Agreement shall renew automatically on a month-to-month basis pursuant to the terms herein. Any and all Fees for the Minimum Term Contract Packages are NON-REFUNDABLE AND ARE DUE AND PAYABLE UPFRONT IN ADVANCE for the entire term thereof.
4. Authorization. If you choose to terminate your Extended Term Package or Minimum Term Contract Package prior to the end of its term, then you authorize Thrive Themes to charge the Payment Account for all Fees for the remainder of such initial term.
5. Automatic Renewal. ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD. UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, THRIVE THEMES WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT ACCOUNT. RENEWALS WILL BE CHARGED AT THRIVE THEMES' THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM.
6. Termination. Except as otherwise provided herein, you or Thrive Themes may terminate this Agreement at any time for any reason, with or without cause, upon thirty days’ written notice. You may terminate your account by notice to Thrive Themes. Thrive Themes may suspend performance under or terminate this Agreement immediately and without notice:
  1. if Thrive Themes, in its sole discretion, deems that you have breached any part of this Agreement,
  2. if your Payment Account provider refuses payment of fees or charges or you refuse authorization for same, or
  3. if payment for the Services is more than fifteen days overdue.
FEES.
1. Fee Schedule. Services are subject to Fees, pursuant to the Fee Schedule, and by registering for such Services you authorize Thrive Themes to debit your Payment Account for any and all such fees.
2. Due. Fees are due in accordance with the terms on the Fee Schedule, in advance of the provision of services, not later than the first of the month they are due.
3. Change Order. You may request changes in the Services at any time prior to completion. All changes will be documented in a Change Order before the change is executed. Thrive Themes has the right (but not the obligation) to refuse requests for a Change Order, in its sole discretion.
4. Payment Account. All Fees must be paid in United States Dollars in advance of the provision of services. Thrive Themes will charge the Fees (including without limitation the monthly Fee, Fees for Extended Term Packages, and Fees for Minimum Term Packages), and any additional Fees to the Payment Account unless specifically provided otherwise. You also agree that Thrive Themes may automatically debit your Payment Account, without further authorization from you, for any renewal term, additional services, and any fees, taxes, or expenses applicable to Your Services. If payment in full is not received by Thrive Themes from the provider of your Payment Account or its agents, you agree to pay all amounts due from you for Your Services upon demand by Thrive Themes. Your Payment Account provider, directly or through third-party service providers, may provide Thrive Themes with updated credit card numbers, expiration dates, or other information which may be used to renew services or make payments under this Agreement. Should Thrive Themes choose, in its sole discretion, to participate in such auto-update programs, you agree that Thrive Themes may share your Payment Account information with such third-party providers and may update Your Payment Account with information provided through such services. You authorize any and all charges to your Payment Account using such updated information, whether or not you or Thrive Themes have prior notice of same. Thrive Themes cannot guarantee that your Payment Account will be updated, and you acknowledge and agree that it is your responsibility to keep your payment information current and up-to-date at all times and that you shall be liable to Thrive Themes for your failure to do so, including for any charges that Thrive Themes may incur as a result of your failure to keep your payment information current. Thrive Themes shall have no liability for declined payments or incomplete or out-of-date Payment Account information.
5. Promotional Rates. Thrive Themes may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for Your Services. Any such promotions or modifications shall not affect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Promotional fees and special offers may not be combined.
6. Collections. You shall pay all costs of collection, including reasonable attorney’s fees and costs, in the event any Fees requires collection efforts.
7. International Customers. International Customers bear the risk of currency fluctuations and any fees or taxes associated with the conversation of foreign currencies into United States Dollars. Certain Services will not be available to International Customers until Thrive Themes is able to receive satisfactory confirmation from such customer’s Payment Account provider, in Thrive Themes' sole discretion, that the funds will be available for debit from the International Customer’s account.
8. Refunds. You agree to pay all Fees due for Services at the time you purchase them. All amounts are non-refundable. Thrive Themes may, in its sole discretion, refund other amounts as it deems necessary or advisable.
9. Price Changes. Thrive Themes reserves the right to change its prices and fees at any time, and such changes shall either be posted online at the Site and effective immediately without need for further notice to you or notice shall be provided to you by email. If you have purchased or obtained Services for a period, then changes in prices and fees shall be effective when the Services in question come up for automatic renewal.
OWNERSHIP. You are, and shall be, the sole and exclusive owner of all right, title and interest in and to the work product delivered to you or prepared by or on behalf of Thrive Themes in the course of performing the Services.
GENERAL RULES OF CONDUCT
1. You acknowledge and agree that:
  1. Your use of the Site and the Services, including any domain, documents, materials, data, content, and other information you submit (“Input Material”), will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable Laws.
  2. You will not perform any false, abusive or fraudulent activity.
  3. You will not use the Site or the Services in a manner (as determined by Thrive Themes in its sole and absolute discretion) that:
    - Is illegal, or promotes or encourages illegal activity;
    - Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material;
    - Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    - Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    - Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    - Promotes or facilitates prostitution and/or sex trafficking;
    - Infringes on the intellectual property rights of another person or entity;
    - Violates the privacy or publicity rights of another person or entity, or breaches any duty of confidentiality that you owe to another person or entity;
    - Interferes with the operation of the Site or the Services;
    - Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    - Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Thrive Themes or the Services.
REPRESENTATIONS AND WARRANTIES.
1. You represent and warrant that you are over eighteen years of age (twenty one in places where eighteen years is not the age of majority) and are fully competent to enter into this Agreement.
2. If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to the terms and conditions contained in this Agreement. Thrive Themes shall not be liable for any loss or damage resulting from Thrive Themes' reliance on any instruction, notice, document or communication reasonably believed by Thrive Themes to be genuine and originating from an authorized representative of your legal entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Thrive Themes reserves the right (but undertakes no duty) to require additional authentication from you.
3. Ownership and Use of Intellectual Property.
  1. You represent and warrant that the property and any copyright or other intellectual property rights in the Input Material belong to you.
  2. You represent and warrant that any Input Material (including any part of the domain name used in connection with the Services) and its use by Thrive Themes for the purpose of providing the Services will not violate any laws or infringe the trademark, copyright or other rights of any third party and you shall indemnify Thrive Themes against any loss, damages, costs, expenses or other claims arising from any such infringement or violations. Thrive Themes may refuse to accept any Input Material for any reason, including without limitation if Thrive Themes believes, in its sole discretion that the Input Material is obscene or otherwise offensive, violates any laws, or infringes third party rights, and may terminate the provision of the Services.
  3. You shall be responsible for the legality, accuracy, and appropriateness of all Input Material. You shall not provide to Thrive Themes any Input Material that is obscene, defamatory, harassing, offensive, malicious, or that actually or infringes the proprietary or intellectual property rights ((including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, and trade secrets) of any third party. Thrive Themes has the right to reject any Input Material that it believes, in its sole discretion, is obscene or otherwise violates the aforementioned restrictions, provided, however, that acceptance by Thrive Themes of any Input Material does not constitute a legal opinion that the Input Material does not violate any of the aforementioned restrictions.
  4. You grant to Thrive Themes and its design agents all necessary rights and licenses to enable Thrive Themes to carry out its obligations and to allow Thrive Themes to make a reasonable number of archival/back-up copies as deemed necessary by Thrive Themes. Thrive Themes is not responsible for returning any Input Material submitted, nor for providing back-up copies to you.
THRIVE THEMES' RIGHTS.
1. Thrive Themes may reject, lock, or delete Input Material if, in Thrive Themes sole discretion, Thrive Themes believes that the Input Material could result in a breach of this Agreement, or is otherwise impermissible under relevant Laws or may result in claims from third parties.
2. Thrive Themes reserves the right to refuse to provide the Services for any reason at its sole discretion.
3. Thrive Themes shall have the right to display your website or the product of the Services on the Site as an example of the work Thrive Themes is able to provide for its customers.
4. In order for SEO services to be effective, Thrive Themes must have website credentials and site access in order to make on-site changes. By agreeing to this Agreement, you are hereby granting permission to post on your behalf on your site, for SEO purposes.
CONFIDENTIALITY, TRADEMARK, AND COPYRIGHT.
1. During the course of this Agreement you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to Thrive Themes in connection with Thrive Themes' performance of the Services (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the Agreement, and shall not, without the prior written consent of Thrive Themes, disclose or make available to any person, or use for your own or any other person’s benefit, other than as necessary in performance of your obligations under this Agreement, any Confidential Information of Thrive Themes. Thrive Themes retains all right and title to such Confidential Information.
2. Thrive Themes is a service mark of Thrive Themes LLC. All rights reserved. The trademarks, logos, and service marks displayed (collectively, the “Marks”) belong Thrive Themes and/or its affiliates or third parties which have licensed those rights to Thrive Themes (“Partners”); Thrive Themes and Partners retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their owner’s prior written consent. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners.
LINKS TO THIRD-PARTY WEBSITES. The Site and the Services may contain links to third-party websites that are not owned or controlled by Thrive Themes. Thrive Themes assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Thrive Themes does not censor or edit the content of any third-party websites. By using the Site or the Services, you expressly release Thrive Themes from any and all liability arising from your use of any third-party website. Accordingly, Thrive Themes encourages you to be aware when you leave the Site or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
NO WARRANTIES BY THRIVE THEMES. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THRIVE THEMES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THRIVE THEMES MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. NO WARRANTY IS MADE BY THRIVE THEMES REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS AGREEMENT, AND THRIVE THEMES HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES AS TO THE AVAILABILITY, QUALITY, QUANTITY, OR CONTENT OF SERVICES OR GOODS PROVIDED TO YOU HEREUNDER, INCLUDING BUT NOT LIMITED TO YOUR SERVICES AND YOUR WEBSITE; AND (2) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THRIVE THEMES DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT NO REPRESENTATIONS OF ANY KIND HAVE BEEN MADE TO YOU REGARDING THE POTENTIAL VOLUME OF PATRONAGE OF YOUR WEBSITE OR ANY OTHER PERSON’S OR ENTITY’S WEBSITE OR WEB PAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THRIVE THEMES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES.
THRIVE THEMES' LIMITED LIABILITY. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT. IN NO CASE SHALL THRIVE THEMES, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THE SERVICES. SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES OR JURISDICTIONS, THRIVE THEMES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THRIVE THEMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED OR OTHERWISE ACCESSED USING THE THRIVE THEMES SERVICES, AND THRIVE THEMES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES. YOU HEREBY RELEASE THRIVE THEMES FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. THE TOTAL LIABILITY OF THRIVE THEMES FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL SERVICE FEES PAID BY YOU TO THRIVE THEMES IN THE SIX MONTHS PRECEDING SUCH ALLEGED BREACH. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THRIVE THEMES' TOTAL AGGREGATE LIABILITY EXCEED $100 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES.
YOUR INDEMNIFICATION OF THRIVE THEMES. You agree to protect, defend, indemnify and hold harmless Thrive Themes and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Thrive Themes directly or indirectly arising from (i) your use of and access to the Site or the; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Site or the Services. You agree that Thrive Themes shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.
DISCONTINUED SERVICES. Thrive Themes reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Thrive Themes will not be liable to you or any third-party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.
NO JOINT VENTURE OR PARTNERSHIP. Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Thrive Themes and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Thrive Themes and you. Thrive Themes shall have no control or ownership interests of any kind in your business. Thrive Themes' relationship to you shall be restricted to matters pertaining to the provision of the Services as set forth in this Agreement.
THRIVE THEMES HAS MADE NO REPRESENTATIONS REGARDING SUCCESS, PROFITABILITY OR COMPLIANCE.
1. You confirm, understand, acknowledge and expressly agree that neither Thrive Themes, any agent or representative of Thrive Themes, nor any other person is currently representing or otherwise directly or indirectly communicating in any manner herein or otherwise, nor has at any time in the past, represented to you or has otherwise directly or indirectly communicated in any manner to you any guarantee, reassurance or any other communication of any kind regarding:
  1. the potential profitability, marketability, or likelihood of success of your endeavors through the use of the Services as set forth herein or otherwise;
  2. the possibility or likelihood that use of any services provided by Thrive Themes pursuant to this Agreement can or will result in the recoupment of any funds expended by you for any purpose; or
  3. the existence, nonexistence, size or any other characteristics of any market for any products or services which involve your use, in any manner, of the Services pursuant to this Agreement.
2. You expressly acknowledge and agree that the success of any business endeavors which involve your use, in any manner, of the Services pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of its advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with you and not Thrive Themes. You further expressly agree not to raise any claim of any kind against Thrive Themes and to hold Thrive Themes harmless from any claim of financial investment or other loss to you directly or indirectly resulting from your decision to use the Services pursuant to this Agreement.
3. Search engines ultimately choose which rankings are assigned to websites. Thrive Themes cannot guarantee rankings on search engines.
4. Thrive Themes makes no representation or warranty with respect to compliance with Web Content Accessibility Guidelines or other Laws.
SERVICES RENDERED ON A NON-EXCLUSIVE BASIS. Any and all services which are or may be provided to you by Thrive Themes pursuant to this Agreement, including the licensure of rights herein, are non-exclusive and nothing in this Agreement shall limit or restrict Thrive Themes from providing similar services and granting similar licenses to third parties regardless of whether such third parties are competitors of you. Nothing in this Agreement shall limit or restrict Thrive Themes from engaging in any activities similar to yours or in competition with you.
NO EDITORIAL CONTROL BY THRIVE THEMES. Thrive Themes shall neither have nor exert any editorial or other subjective control over the substantive content of Your website. Thrive Themes does not engage in any monitoring of Your website and exercises no control over information which is found on the internet. Thrive Themes cannot be held responsible for the accuracy, correctness, or legality of such information. You are solely responsible for the content of Your website and for verifying the accuracy and suitability of information and services you obtain from third parties via the internet.
PRIVACY.
1. It is Thrive Themes' policy to respect your privacy. Thrive Themes will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior consent unless Thrive Themes deems it necessary, in its sole discretion, to:
  1. comply with legal process or other legal requirements, including but not limited to responding to civil or criminal subpoenas, search warrants, national security letters, or other requests for information from law enforcement officials;
  2. protect and defend the rights or property of Thrive Themes or its officers, agents, affiliates, and licensees;
  3. enforce this Agreement; or
  4. protect the interests of other Thrive Themes customers.
2. NOTWITHSTANDING THE PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, THRIVE THEMES RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR YOUR ACCOUNT, FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT OR TO ASSIST WITH CRIMINAL OR CIVIL INVESTIGATIONS.
3. For a more detailed description of the types and uses of personal information collected from you, please read the Thrive Themes' Privacy Policy.
4. INTERNATIONAL CUSTOMERS UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED BY THRIVE THEMES IN THE UNITED STATES OF AMERICA. YOU FURTHER AGREE THAT THE PERSONAL INFORMATION WHICH YOU GIVE THRIVE THEMES WILL BE TRANSFERRED TO AND MAINTAINED IN THE UNITED STATES AND OTHER COUNTRIES; INCLUDING WITHOUT LIMITATION COUNTRIES IN THE EUROPEAN UNION AND ELSEWHERE. IF YOU DO NOT CONSENT TO THE TRANSFER OF YOUR PERSONAL INFORMATION INTO AND OUT OF THE UNITED STATES, DO NOT ACCEPT THIS AGREEMENT FOR THRIVE THEMES. YOU FURTHER UNDERSTAND AND AGREE THAT REGARDLESS OF YOUR COUNTRY OF RESIDENCE THRIVE THEMES MAY DISCLOSE PERSONAL INFORMATION ABOUT YOU AND YOUR WEBSITE PURSUANT TO THIS SECTION, AND YOU EXPLICITLY WAIVE ANY RIGHTS TO PRIVACY OR PROTECTION OF PERSONAL DATA RELATING TO SUCH INFORMATION TO THE FULLEST EXTENT PERMITTED UNDER NATIONAL AND INTERNATIONAL LAW.
SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
NON-ENFORCEMENT DOES NOT CONSTITUTE WAIVER.
1. Failure of Thrive Themes at any time to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder. No waiver of a breach of this Agreement shall be valid unless made in writing and signed by duly authorized representative of Thrive Themes.
2. You acknowledge and agree that Thrive Themes reserves the right to use a third-party service provider (the “Service Provider”) in providing the Services to you and that, where applicable, the Service Provider shall have certain rights and be subject to certain obligations hereunder.
NOTICES.
1. Thrive Themes may provide notice to you via e-mail sent to the e-mail address provided by you upon registration or as subsequently provided by you to Thrive Themes. Such notice is deemed effective whether you receive it or not and shall be deemed written notice for the purposes of this Agreement.
FORCE MAJEURE.
1. In the event of “force majeure” (as defined below), Thrive Themes may terminate this Agreement without liability to you. For purposes of the Agreement, “force majeure” shall mean circumstances or occurrences beyond Thrive Themes' reasonable control, whether or not foreseeable at the time of entering into the Agreement, in consequence of which Thrive Themes cannot reasonably be required to perform its obligations hereunder or otherwise perform its obligations under the Agreement. Such circumstances or occurrences include, but are not limited to: acts of God, war, civil war, insurrection, fires, floods, labor disputes, epidemics, governmental regulations and/or similar acts, embargoes, termination or temporary unavailability of any computer hardware or software, server, or network on which the Services are located or maintained or through which the Services are provided, and nonavailability of any permits, licenses and/or authorizations required by governmental authority.
2. Thrive Themes reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Thrive Themes shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Services.
ASSIGNMENT; SUCCESSORS; THIRD-PARTY BENEFICIARIES. This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without Thrive Themes' prior written consent. Thrive Themes may assign or license any or all of its rights and/or obligations hereunder in its free, sole, and unfettered discretion. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
ARBITRATION AND WAIVER OF JURY TRIAL.
1. ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN WEST PALM BEACH, FLORIDA IN ACCORDANCE WITH THE RULES OF JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC (“JAMS”) AND IN ACCORDANCE WITH THE RULES OF JAMS. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Palm Beach County, Florida or the United States District Court for Wes Palm Beach – Southern District of Florida. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that Thrive Themes shall be entitled to collect its attorneys’ fees, costs and other expenses in the event that Thrive Themes acts to enforce this arbitration and forum selection clause, regardless of whether Thrive Themes prevails in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of Florida and the federal law of the United States of America. There are no exceptions to these mandatory arbitration provisions except as set forth in Sections 24.2 and 24.3.
2. Notwithstanding the provisions of Section 24.1, if you fail to timely pay amounts due Thrive Themes may assign your account for collection and the collections agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by Law or this Agreement.
3. Nothing in Section 24.1 shall preclude Thrive Themes from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event JAMS will not or cannot arbitrate a particular dispute. Any action under this Section 24.3 may be brought in either the Palm Beach County, Florida or the United States District Court for Wes Palm Beach – Southern District of Florida, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the Palm Beach County, Florida or the United States District Court for Wes Palm Beach – Southern District of Florida.
4. In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND Thrive Themes THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.
5. Neither you nor Thrive Themes may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND Thrive Themes ACKNOWLEDGE THAT THIS SECTION 24.5 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION
6. This Agreement shall be interpreted according to the laws of the State of Florida, United States of America, and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.
ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral. No officer, employee or representative of Thrive Themes or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and Thrive Themes and you hereby acknowledge and agree that neither Thrive Themes nor you have executed this Agreement in reliance upon any such representation or promise.
MODIFICATION.
1. This Agreement may be materially altered by Thrive Themes, in its sole and absolute discretion, by posting the new version of the Agreement at the Site and if posted in this manner, shall be effective immediately upon posting such notice. In the event that Thrive Themes does materially change the terms of this Agreement, you accept and shall be bound by such changed terms unless you opt to terminate the Agreement within thirty days of the posting of notice of such change. THRIVE THEMES RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.
2. You may not modify this Agreement, in whole or in part, and any such modification or attempt to modify shall not be enforceable unless reduced to writing and signed by a duly authorized representative of Thrive Themes. No additional or conflicting term in any other document used by you will have any legal effect.
STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

These terms were last updated on September 16th, 2024.