Privacy Policy & Terms of Use

Privacy Policy & Terms of Use

Privacy Policy

I. Privacy Policy

This Privacy Policy explains how Thriveworks Associates, LLC, (“Thriveworks Associates”, “We”, “Us”) the owner and operator of this site, may collect, use, share, and safeguard information on www.thriveworks.com, mobile websites, microsites, mobile applications, Thriveworks profiles on Thriveworks social media sites and any other digital services and platforms officially operated or used by Thriveworks from time to time (the “Sites” or “Services”).

II. Changes to the Privacy Policy
As Thriveworks Associates, its products, and services change from time to time, this Privacy Policy is expected to change as well. We reserve the right to amend the Privacy Policy at any time, for any reason. The date of the last revision to the Privacy Policy will be indicated by the “Last updated” date at the bottom of this page.

III. Information We Collect
1. Personally Identifiable Information: We may collect information (whether online, by phone, or by paper) that identifies you (“Personally Identifiable Information”) when you: provide such information on our Sites, apply or register for Thriveworks Directory or services, or otherwise interact with Thriveworks Associates and our affiliates, including, but not limited to, requesting an appointment online, chatting online with a Thriveworks representative, or purchasing Thriveworks products or services. The types of Personally Identifiable Information collected may include your name, address, phone number, birth date, billing and delivery information, Email address, credit card, or other financial account information.

2. Non-Personal Data: As you interact with our Sites, we may also collect information about your browsing history or certain other information that is not Personally Identifiable Information through your use of and visits to the Sites and our use of a variety of technologies, including, but not limited to, cookies, tags, beacons, Internet Protocol (IP) address , and other tools. “Cookies” are pieces of code/text placed on your computer when you browse our Sites. Cookies may be placed by us or third party advertisers. “Tags” and web beacons refer to code scripts that are primarily used to track visitors’ activities on our Sites by web analytics software. The types of non-personal data collected on our Sites through the use of these, and other tools as Thriveworks Associates may add from time to time, may include: the search terms you used, new or returning user, browser information, computer type, operating system, internet service providers, website usage, referring/exit pages, platform type, date/time stamp, number of clicks, ads viewed, etc. Additionally, cookies, tags and other tools placed by third parties may collect other information about you and your visits to Sites and elsewhere on the Internet including, but not limited to, your industry, company size, job function, seniority level, etc.)(collectively, all of the foregoing data the “Non-Personal Data”).

IV. How We Use and Share Personally Identifiable Information

Once collected, we may use your Personally Identifiable Information in a variety of ways including, but not limited to:
Provide service communications such as bill reminders, order confirmations, program registrations, and customer service messages
Respond to your emails or online requests for products, services, or information
Deliver and process surveys
Personalize and improve the usability of the Sites
Fulfill and/or deliver Thriveworks products and services
Publish directory lists as described below
Sharing with certain other companies to offer you products and services that may be of interest to you as described below
Tailor content, advertising and marketing to you
Share with third parties as required by law or to protect Thriveworks Associates as described below
Share your email address as permitted under Thriveworks Associates Email Policy as described below

Publication of Your Personally Identifiable Information for Directory Lists. When you sign up to be a part of a Directory List, the Personally Identifiable Information we receive may be published on the Sites and other print or digital media, in a variety of ways, including, but not limited to, directories, membership lists, and other types of registration lists for Thriveworks Associates directories and events (“Directory Lists”). Directory Lists will not include sensitive information, such as credit card or bank information, or social security numbers. Users may request their information be removed from Directory Lists by contacting us.

Sharing Your Personally Identifiable Information to Fulfill Service Requests and Perform Business Functions. When fulfilling service requests initiated by you, we may share your Personally Identifiable Information with certain third parties to fulfill the requests. We may also share such information with service providers that perform business functions for us. For example, Thriveworks Associates occasionally hires other companies to provide limited services on our behalf including, but not limited to, packaging, mailing and delivering promotional offers, sweepstakes or contests, answering customer questions about products or services, consulting services, data modeling, printing, sending postal mail and processing event registrations. In such cases, we may share your Personally Identifiable Information.

Sharing Your Personally Identifiable Information with Certain Other Companies. We may share Personally Identifiable Information, except for email addresses, with certain other companies in order to provide them an opportunity to offer products or services that may be of interest to you, which may contribute revenue to Thriveworks Associates.

Sharing Your Personally Identifiable Information When Legally Necessary or to Protect Thriveworks Associates’ Interests. We may disclose your Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to legal requirements or comply with legal process served on Thriveworks; (b) protect and defend the rights or property of Thriveworks Associates; or (c) protect the personal safety of Thriveworks Associates personnel or members of the public in appropriate circumstances. In addition, if Thriveworks and/or its assets (or a portion of its assets) are sold, assigned, transferred, or merged, or if Thriveworks Associates undergoes some other change including a change to its corporate form as part of a bankruptcy proceeding or otherwise, information may be transferred as part of that transaction or change.

Sharing Your Email Address Pursuant to Thriveworks Associates Policy. Your e-mail address will only be used by us and our affiliates. We do not sell or rent e-mail addresses to anyone outside Thriveworks Associates and our affiliates. We will also not share e-mail addresses to unrelated third-parties. We may also share your Email address with third parties to enable us to take security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Finally, we may share Email addresses with third parties as necessary to perform certain services on our behalf, such as packaging, mailing and delivering products and processing event registrations and to respond to your service requests.

V. How to Manage the Sharing of Your Personally Identifiable Information

You can manage your profile and e-mail preferences, including opting out of e-mail by contacting us at privacy@thriveworks.com. Additionally, if you prefer to receive mailings only from Thriveworks Associates and have your name and address removed from the list we provide to certain companies, please contact us. For California residents, please consult the “Your California Privacy Rights” for additional considerations.

VI. How We May Use and Share Non-Personal Data

Through the use of various technological tools, we may collect Non-Personal Data to improve the usability of our Sites/Services and for other business reasons. We may share the Non-Personal Data we collect with third parties or permit third parties to place tools like cookies, tags and web beacons, to collect additional Non-Personal Data when you browse our Sites. We or other third party companies may then use the Non-Personal Data to provide advertisements and targeted advertisements to you (ads based on the Non-Personal Data). We do not share Personally Identifiable Information with third parties with whom we share your Non-Personal Data. Please note that you may be subject to the privacy policies of other non-Thriveworks companies when you select an advertising link or other link that takes you to sites not operated by Thriveworks Associates.

How You Can Manage the Collection of Non-Personal Data. Third party advertising companies may collect data about your visit to our Sites and others to provide you more relevant advertising here and elsewhere on the Internet. This type of advertising is known as Online Behavioral Advertising. You can stop this collection and use of data for these purposes by companies participating in the Digital Advertising Alliance (“DAA”) by visiting the “Opt Out From Online Behavioral Advertising” website. By opting out, the ads you see may be less relevant, and you may still continue to see other non-targeted advertisements on our Sites and elsewhere.

VII. California Privacy Rights

In addition to the rights as explained in this Privacy Policy, under California’s “Shine the Light” law, California residents who provide personal information (as defined in the statute) in obtaining products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in 2012 will receive information about 2011). To obtain this information please write to us at: Thriveworks Associates, LLC 1000 Jefferson St. Suite 2C, Lynchburg, VA 24504. Attn: Thriveworks Associates List Sales — California Privacy Law. Please include your full name and address.

IX. Children

We do not knowingly collect personal data online from or market online to children under the age of 13.

X. Information Security

We implement commercially reasonable security measures to help protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. Except for Directory Lists and the sharing of information as set forth in this Privacy Policy, we restrict access to personal information to certain companies who may need to know that information in order to operate, develop, or improve our services. These individuals or partner organizations are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, and despite our efforts, we cannot guarantee or warrant the security of any information you transmit to us, or to or from our online products or services. If you have questions about this Privacy Policy, please contact us.

XI. User ID and Password
Certain areas of the Sites may require the use of a user ID, email address, or password as an additional security measure that helps protect your information. To help you protect your privacy, our Sites have tools to help you log in and log out.

XII. Linking to Other Internet Sites

You should be aware that other Internet sites that are linked from the Sites or from a Thriveworks Associates email message may contain privacy provisions that differ from the provisions of this Privacy Policy. To ensure your privacy is protected, we recommend that you review the privacy statements of these other linked sites, applications, or other digital platforms.

XIII. How You Can Access and Change Information

If you are a registered user of the Sites, subscriber to Thriveworks publications, or client of Thriveworks products and services, you may review and update/correct your information by emailing us at privacy@thriveworks.com.

Last updated January 5, 2017


Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS BEFORE ACCESSING OUR WEBSITE

Welcome to this website, owned and operated by Thriveworks Associates, LLC (“We”, “Us”). We connect potential clients with providers for helping and coaching services. Some of those providers are licensed mental health providers, but we are not a healthcare company. We market Provider services, book appointments and collect fees for Providers.

This page states the “Terms of Use” under which you may use this website, which is an interactive online service operated by Thriveworks Associates, LLC, consisting of information services and content provided by us and other third parties (the “Site”). These Terms of Use include the Site Privacy Policy and form a binding agreement between you and Thriveworks Associates, LLC. Your access to or use of the Site indicates your acceptance of these Terms of Use.

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, Application or Services. “We”, “us”, or “our” refer to Thriveworks Associates. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

Please read carefully these Terms and our Privacy Policy, which may be found on our website, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Application. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

YOU UNDERSTAND AND AGREE THAT THRIVEWORKS ASSOCIATES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PROVIDERS AND USERS (AS DEFINED BELOW). THRIVEWORKS ASSOCIATES HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS OR OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

Modification
We reserve the right, at our sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

Eligibility.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.

Definitions.
“Appointment” means a scheduled phone, internet or in-person meeting coordinated via Thriveworks Associates by phone or online scheduling.
“Provider” means a life coach or other professional who offers his or her professional helping services to Users via the Thriveworks Associates site and Scheduling Services.
“Scheduling Services” means the service provided either online or by phone by Thriveworks Associates whereby Users can connect with Providers to engage the Providers’ helping services.
“User” means a person using the Thriveworks Associates website, regardless of whether or not he or she accepts the Providers’ offers for services.

How the Site and Services Work.
Thriveworks Associates’ Role. We connect potential clients with providers for helping and coaching services. Some of those providers are licensed mental health providers, but we are not a healthcare company. We market and book appointments, and collect fees on behalf of the Provider. Thus, we are not an entity covered under HIPAA. The services of Thriveworks Associates are not to be confused with any other Thriveworks companies, which may be healthcare companies.
Scheduling Services. The Site is a platform for Users to connect and schedule Appointments in order to contract for services with Providers. Thriveworks Associates’ role is solely to facilitate the availability of the Site, Scheduling Services and to provide services related thereto, such as Appointment scheduling, call queuing, call cycling, payment integration and call facilitation. Thriveworks Associates does not provide and is not responsible for Provider Services or any information or advice exchanged between Providers and Users during Appointments or otherwise. You understand and acknowledge that Providers are not employees or agents of Thriveworks Associates but are independent service providers using the Site and Scheduling Services to market their expertise to other Users and the public. You acknowledge that Thriveworks Associates will not be liable for any loss or damage caused by your reliance on information provided by Providers or interaction between you and Provider(s).

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE USER INTERACTION. THRIVEWORKS ASSOCIATES CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY LISTINGS OR THE INFORMATION EXCHANGED BETWEEN USERS AND MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THRIVEWORKS ASSOCIATES IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL USERS USE THE SITE, APPLICATION AND SERVICES AT THEIR OWN RISK.
Appointments and Financial Terms for Users
Appointment Terms. You, not Thriveworks Associates, are solely responsible for honoring any confirmed Appointments. If you choose to enter into a transaction with a Provider by scheduling an Appointment via the Site or Phone, these Terms and other terms, conditions, rules and restrictions associated with such Appointment as set out by the Provider may apply. You acknowledge and agree that you, and not Thriveworks Associates, will be responsible for performing the obligations of any such agreements, and Thriveworks Associates is not a party to such agreements and disclaims all liability arising from or related to any such agreements.

Fees.
Our fees. We may collect fees for our services as listed on the site.
Providers. Providers offer their services for fees that may be listed in the Site. These fees are due to the Provider at the time of the appointment.
Late Cancellation Fees. If you cancel your appointment within 24 hours of the scheduled appointment, you agree to be charged the full amount for the session. Thriveworks Associates will process and collect the Late Cancellation Fees payable in accordance with these Terms and the terms of the Listing. Please note that Thriveworks Associates cannot control any fees that may be charged to a User by his or her bank related to Thriveworks Associates’s collection of the Late Cancellation Fees, and Thriveworks Associates disclaims all liability in this regard. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the Appointment, either directly by Thriveworks Associates or indirectly, via a third party online payment processor or by one of the payment methods described on the Site or Application. If you are directed to Thriveworks Associates’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.
Financial Terms. In connection with your appointment, you will be asked to provide customary billing information such as name, billing address and credit card information either to Thriveworks Associates or its third party payment processor. Once your transaction is complete you will receive a confirmation email summarizing your confirmed Appointment.

Our Role with Providers.
No employment relationship between Providers and Thriveworks Associates. Providers are not employees or independent contractors of Thriveworks Associates. Providers offer their services and conduct their services in any manner, at any time they see fit.

Provider Listings.
No warranty. Provider listing information is furnished to Thriveworks Associates by the Provider and the Provider is responsible for its accuracy. Thriveworks Associates does not warranty the credentials or representations made by Providers.

User Feedback.
Thriveworks Associates may use User feedback to screen and rate Providers. However, Thriveworks Associates does not warranty the Providers listed on the Site.

General Use.
Acceptable Use. This Site is intended to provide users with general information. We do not recommend or endorse any specific professionals, tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on Site at our invitation or other visitors to the Site is solely at your own risk. Your use of the Site is a privilege.
Rules of Conduct. We are the sole interpreter of the Site rules of conduct described in these Terms of Use. Users who violate these rules may have their access and use of the Site suspended or terminated at our discretion. We may at any time take any action with regard to user materials that we deem in our sole discretion to be necessary or appropriate.

Posting Rules.
Materials you post to the Site may not contain: (1) URLs or links to web sites that compete with the Site; (2) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (3) trade secrets (unless you own them or have the owner’s permission to post them); (4) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (5) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (6) anything that is embarrassing or offensive to another person, group or entity.
You may not use your Materials to: (1) impersonate another person, living or dead; (2) post false, inaccurate or misleading information; (3) except as provided in your directories of you own services, post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment, including a request for payment to obtain job listings); (4) post chain letters or pyramid schemes; or (5) post opinions or notices, commercial or otherwise.
Materials that encourage our users to “email for more details” are not permitted. Materials from any third party charging a fee are not permitted.
We are under no obligation to monitor the materials posted on the Site by users, but we may monitor materials at random. Any materials we find in our discretion to violate these Terms of Use may be removed. If we are notified by a user that any user materials on the Site violate these rules, we may investigate and determine in good faith whether we agree with such allegation, in which case we may remove or request the removal of user materials. We are not required to make any such investigation or to remove any user materials, and we will not be liable to any user for taking or not taking such actions.

Conduct Rules:
You may not respond to postings by other users in any manner or for any purpose other than that which is expected. Responses soliciting business are prohibited.
You may not send (or encourage or help others to send) unsolicited commercial email to our users.
Report inappropriate postings or conduct to privacy@thriveworks.com.
You may not delete or revise any material posted by any other person or entity.
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site is prohibited.
We are under no obligation to monitor the conduct of our users, but we may investigate and respond when violations are reported.
Security Rules: Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (1) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; (4) sending unsolicited e-mail, including promotions and/or advertising of products or services; (5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
ii) Violation of these Security Rules may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Registration Rules.
To post certain material to the Site, such as comments and professional profiles in the directory, we will request information from you, including your name and email. You must provide us with true and accurate registration information. We will not share your registration information with third parties, except as necessary to provide you with services you request or with your permission as provided in the Site Privacy Policy.
We may assign a username and password to you. You may not share your account, username or password with anyone else, and you will be responsible for the actions of anyone who obtains your user name and/or password and uses them to access the Site. You must notify us immediately of any unauthorized use of your username and password.
If at any time during the term of this agreement we come to the understanding that you: (1) misled us as to your business practices and/or services, or (2) purchased services that do not describe your precise business, we reserve the right to terminate your account. We may terminate your account and/or your access to the Site at any time if we deem in our sole discretion such to be necessary or appropriate.

Additional Terms
Rights Reserved.
We hereby grant you a limited, terminable, non-exclusive right to access and use the Site only for your personal use. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You must include the following notice in any downloaded materials: “Copyright Thriveworks Associates, LLC. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Thriveworks Associates, LLC.”
Except as expressly stated in these Terms of Use, we reserve all rights to all materials on the Site, including, without limitation, written content, graphical and design elements (including the Site’s “look and feel”), and service marks and trademarks. By submitting material to any area of the Site, you automatically grant, or warrant that the owner of such material has expressly granted, to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You may not sell, transfer or assign any products or services or your rights to any products or services provided by us to any third party without our express written authorization. You may not copy, modify, alter, or excerpt (or encourage or help others to copy, modify, alter, or excerpt) the Site materials. You may not use (or encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. You acknowledge and agree that these Terms of Use in no way convey any right, title or interest to you in any materials on the Site, including, without limitation, any statutory or common law copyright, patent or other intellectual property right in such materials.

Disclaimer.
We make no representations or warranties whatsoever regarding the Site and any materials on the Site. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE OR ELSEWHERE, THE SITE IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT AND ANY IMPLIED WARRANTY OF MERCHANTABILITY. WE MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE. WE MAKE NO WARRANTY THAT THE SITE’S SERVICE WILL BE UNINTERRUPTED, THE SITE’S FUNCTIONS SHALL BE ERROR-FREE OR, THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
The Site is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. Never disregard professional advice, including medical advice, or delay in seeking it, because of something you have read on this Site.
You are solely responsible for the content of any posting you make to the Site and any consequences arising from such posting. We assume no responsibility for materials posted by our users or any other actions, conduct or omissions of our users. We act as a service provider for users to distribute and publish their materials. We do not undertake responsibility for screening or monitoring our users’ materials.
Our bloggers who post articles to our Site may not employed by Thriveworks Associates. Each blogger is solely responsible for the content of his or her articles. Each blogger represents to Thriveworks Associates that the articles he or she submits is original and does not infringe any copyright. We do not undertake responsibility for screening or monitoring our bloggers’ materials. The opinions expressed by the bloggers are their own and are not our opinions or endorsed by us.
Further, we explicitly disclaim any responsibility for the accuracy, content or availability of information found on a site that links to or from the Site (a “third-party site”). We may offer links to, or incorporate into the Site, third-party sites that offer various products and/or services. We cannot ensure that users will be satisfied with any products or services that are purchased from such a third-party site, since such sites are owned and operated by others. We do not endorse any of such products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in any third party sites. We do not make any representations or warranties as to the security of any information (including credit card and other personal information) users might be requested to give a third-party site. We strongly encourage users to make their own investigation of third-party sites before proceeding with any transaction with such third parties.
We do not endorse, and nothing on the Site shall be deemed to be an endorsement, representation or warranty of, any third party (including our directory members, users and bloggers), whether in relation to such third party’s products, services, websites, experience or background or otherwise. We do not make any representations or warranties with regard to any materials posted by our users, directory members or bloggers. The information in our directories is provided exclusively by participating professionals.
The material on this Site is provided by Thriveworks Associates, LLC and its affiliates. You accept that Thriveworks Associates, LLC disclaims all warranties and limits all liability arising in connection with this Site to the same extent and in the same manner as we do in these Terms of Use. You expressly agree that Thriveworks Associates, LLC. may rely on your acceptance of such disclaimers and limits.
Your use of the Site, the Internet, any materials you post or access via our Site and your conduct online or offline are at your own risk.
Indemnification. You shall indemnify and defend us, and our officers, employees, consultants and trainers against any costs, expenses (including reasonable attorneys’ fees whether arising out of a third-party claim or in enforcing this indemnification), claims, judgments, settlements and damages (including all damages awarded to third parties payable by us, but in all cases only our direct damages) arising out of, or related to, your use of the Site, any materials posted to the Site or provided to other users by you or any violation of these Terms of Use.

Limits of Liability.
NEITHER WE, NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (“NON-DIRECT DAMAGES”), OF ANY CHARACTER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIABILITY OF US AND ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS TO YOU OR TO ANY OTHER PERSON FOR DIRECT DAMAGES SHALL BE LIMITED TO THE GREATER OF $100 USD OR THE FEES PAID BY YOU FOR OUR SERVICES DURING THE 12 MONTHS PRECEDING THE EVENTS THAT GIVE RISE TO YOUR FIRST CLAIM AGAINST US FOR DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NON-DIRECT DAMAGES, THE LIMITATIONS IN PARAGRAPH (A) ABOVE MAY NOT APPLY TO YOU, BUT IN SUCH CASE, THE LIMITATIONS IN PARAGRAPH (B) SHALL APPLY TO BOTH DIRECT AND NON-DIRECT DAMAGES.
Governing Law and Jurisdiction/Waiver of Jury Trial. These Terms of Use and any claim or dispute arising out of, relating to or in connection with these Terms of Use or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Virginia without giving effect to its conflicts of law principles. Each party irrevocably consents and agrees that any legal action, suit or proceeding against either of them arising out of, relating to or in connection with the transaction contemplated hereby or disputes relating hereto may be brought only in United States District Court for the Western District of Virginia, or if such court does not have jurisdiction, in the courts of the State of Virginia located in Lynchburg and hereby irrevocably accepts and submits to the exclusive jurisdiction of the aforesaid courts in personam, with respect to any such action, suit or proceeding. EACH PARTY WAIVES TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF USE.

Notices.
You shall send notices to us by mail or by email to our contact information listed below and addressed to the attention of LEGAL. Notices to you will be sent by mail or by email to the addresses you provide when registering. Notices shall be deemed given on the day actually received by recipient, if received as provided in this paragraph before 5pm on a business day in the recipient’s location. Notices received after 5pm or on a non-business day shall be deemed received on the next business day.

Amendment.
We may change these Terms of Use, including the Site Privacy Policy, at any time. We will post notification of changes on the Site and e-mail them to registered users. Your continued use of the Site after the posting on the Site of any changes (whether or not you have also received notice by email) indicates your acceptance of such changes.

General.
We and you are independent contractors of each other. Neither party shall be deemed in default for failure to comply with any provision hereof, if such failure results from acts or events beyond its reasonable control, other than payment of money. If any provision of these Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All provisions of these Terms of Use, except provisions that grant you access to or use of the Site, shall survive the termination of the agreement between us and you. These Terms of Use shall be binding upon the parties, their legal representatives, successors and permitted assigns, but may not be assigned by you. Except as may be expressly stated in any other written agreement signed by you and us, these Terms of Use, including the Site Privacy Policy (as amended from time to time by us as provided in these Terms of Use) contain the entire understanding between you and us and supersede any prior agreement between you and us, whether written or oral.

Thriveworks and the Thriveworks logo are a trademark of Thriveworks Associates, LLC.

Last Updated 1/20/2017