TERMS OF USE

Update effective January 24th, 2023

1.     Acknowledgment and Acceptance of Terms. These terms of use are entered into by and between Justiz Active, LLC, a Florida limited liability company (together with its affiliates, partners, licensors, subsidiaries, and/or related companies, “Daily Thrive,” “us,” “our,” or “we”), and you, the user (“you”, “your” or “User”).

The following terms and conditions, together with any guidelines, policies, rules notices, or other ancillary agreements, which are expressly incorporated by reference, including without limitation our Privacy Policy, (these “Terms of Use” or “Agreement”) govern your access to and use of the Daily Thrive websites, (each, a “Daily Thrive Site” or “Site,” and, collectively the “Daily Thrive Sites” or “Sites”), along with any downloadable applications, services, Content (as hereinafter defined), or interface provided by us, including Daily Thrive-controlled social media pages (including, but not limited to, Facebook, Instagram, Twitter, YouTube, and Pinterest), (individually, a “Daily Thrive Service” or “Service,” and collectively, the “Daily Thrive Services” or “Services”). Certain Daily Thrive Sites or Services may be subject to supplemental terms and conditions; your use of those Daily Thrive Sites or Services is subject to such additional terms and conditions, which are hereby incorporated by reference.

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE DAILY THRIVE SITES OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, THE PRIVACY POLICY, AND ANY OTHER POLICY OR TERMS INCORPORATED HEREIN.

THE SITES AND SERVICES ARE OFFERED AND AVAILABLE ONLY TO USERS WHO ARE AT LEAST 16 YEARS OF AGE. BY USING ANY SITE OR SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE DAILY THRIVE AND MEET ALL OF THE ELIGIBILITY REQUIREMENTS. IF YOU ARE LESS THAN 18 YEARS OF AGE, YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE OBTAINED YOUR PARENT’S OR GUARDIAN’S CONSENT TO USE THE SITES AND SERVICES. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE ANY SITE OR SERVICE. 

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE DAILY THRIVE SITES OR SERVICES. WE RESERVE THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT OUR SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE DAILY THRIVE SITES OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO https://www.dailythrive.app/terms-of-use-update. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Daily Thrive Sites or Services shall constitute your acceptance thereof.

2.     Health and Safety Warning. You should consult your physician or other health care professional before using the Daily Thrive Sites or Services or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately. You should contact your local health emergency services should you experience any of the stated symptoms above, or any other life-threatening emergency.

Our Sites and Services offer health, fitness and nutritional information and are designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk. Developments in medical research may impact the health, fitness, and nutritional advice that appears here. No assurance can be given that the advice contained in this site will include the most recent findings or developments with respect to the particular material.

3.     Assumption of Risk; Waiver. THE DAILY THRIVE SITES AND SERVICES PROVIDE INSTRUCTION IN CERTAIN PHYSICAL ACTIVITIES. YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THE SAFETY HAZARDS, RISKS, DANGERS, AND POTENTIAL FOR INJURY ASSOCIATED WITH THESE PHYSICAL ACTIVITIES, THAT YOU ARE IN GOOD HEALTH AND SUFFICIENTLY PHYSICALLY FIT TO PARTICIPATE IN THOSE ACTIVITIES, THAT YOU HAVE NOT BEEN ADVISED BY A HEALTH CARE PROFESSIONAL OF ANY ADVERSE HEALTH CONDITIONS OR TO NOT PARTICIPATE IN THOSE ACTIVITIES, AND THAT YOU FREELY AND VOLUNTARILY ASSUME THE RISKS ASSOCIATED WITH SUCH ACTIVITIES.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY FOREVER RELEASE, WAIVE FULLY AND FOREVER DISCHARGE AND RELEASE DAILY THRIVE, ITS AFFILIATES, RESPECTIVE PARTNERS, AGENTS, OPERATORS, MANAGERS, EMPLOYEES, AND REPRESENTATIVES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS YOU MAY HAVE OR HEREINAFTER HAVE FOR ANY INJURY, TEMPORARY OR PERMANENT DISABILITY, DEATH, DAMAGES, LIABILITIES, EXPENSES, COSTS, AND/OR CAUSES OF ACTION, NOW KNOWN OR HEREINAFTER KNOWN IN ANY JURISDICTION IN THE WORLD, ATTRIBUTABLE OR RELATING IN ANY MANNER TO YOUR USE OF THE DAILY THRIVE SITES OR SERVICES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR BY ANY OTHER REASON. YOU ACKNOWLEDGE AND AGREE THAT THIS RELEASE IS INTENDED TO BE, AND IS, A COMPLETE RELEASE OF ANY RESPONSIBILITY OF THE RELEASED PARTIES FOR ANY AND ALL PERSONAL INJURIES, TEMPORARY OR PERMANENT DISABILITY, DEATH, AND/OR PROPERTY DAMAGE SUSTAINED BY THE YOU WHILE USING THE SITES OR SERVICES OR IN ANY WAY RELATED TO THE DAILY THRIVE SITES AND SERVICES.

4.     License. Subject to your acceptance and compliance with these Terms of Use, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable, personal license to use our Sites and Services for your own personal and non-commercial use. Except as expressly set forth herein, no Site or Service, or any portion of either, may be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose without our express written consent.

5.     Access to Sites or Services. To access our Sites or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of our Sites or Services that all the information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to deny access to our Sites or Services, or to any of their resources, and to terminate or suspend your access at any time. You understand and agree that temporary unavailability of our Sites or Services, for maintenance, upgrades, or otherwise, is normal and to be expected. 

6.     Applicable Use of Sites or Services. You may use our Sites or Services only for purposes expressly permitted by this Agreement. As a condition of your use of our Sites or Services, you warrant to us that you will not use the Sites or Services for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

7.     Prohibited Uses. You agree that you will not use our Sites or Services in any manner that could in any way disable, overburden, damage, or impair the Sites or Services or otherwise interfere with any other party’s use and enjoyment of the Sites or Services. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Sites or Services.

8.     No Co-Branding or Framing. You may not use or authorize any party to co-brand or frame any Daily Thrive Sites or Services without the express prior written permission of an authorized representative of Daily Thrive in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, “framing” refers to displaying any Daily Thrive webpage within a bordered area of another website, regardless of whether the address of the originating Daily Thrive Sites or Services is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Daily Thrive.

9.     Personal and Non-Commercial Use Limitation. Our Sites or Services are for your personal and non-commercial use, unless otherwise specified in writing. You may not use any Daily Thrive Site or Service for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Daily Thrive in each instance, which permission will be at Daily Thrive’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to the Daily Thrive Sites or Services, in whole or in part.

10.  Subscription Terms. When you enroll in a Daily Thrive subscription, and are a paying member in good standing, you will receive full access to the Daily Thrive Sites and Services for the duration of the subscription period selected by you during registration (the “Subscription Period”). You agree that we are authorized to charge the monthly or annual fee, as selected by you during registration, for your subscription, at the currently advertised rate, together with any other costs, taxes, or incidental charges you incur in connection with your use of the Daily Thrive Sites or Services (“Membership Fees”), to your chosen payment method. Please note that Membership Fees are subject to change with notice to your email address on record with your account.

11.  Automatic Subscription Renewal. Your Daily Thrive subscription will automatically renew for an additional month or year (the “Renewal Period”), as applicable, unless you cancel your account 24 hours before your Subscription Period or current Renewal Period expires. You agree that we are authorized to charge the applicable Membership Fees to your payment method on record to renew your membership.

12.  No Refunds after 7 days of initial payment. All Membership Fees, once charged and after 7 days, are final and non-refundable.  If you wish to cancel recurring charges for any Site or Service, it is your responsibility to cancel your subscription 24 hours before the beginning of the next Renewal Period.

13.  Intellectual Property. Our Sites and Services, including all information, data, communications, software, photos, video, graphics, music (both sound recordings and the musical works embodied therein), sounds, and other material that can be viewed or heard by users on our Sites and Services, including message boards, chat, and other original content (“Content”) are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and are the sole property of Daily Thrive or its licensors. You are only permitted to use the Content as expressly authorized by us or the specific Content provider. Except for a single copy of instructional content provided to you by us and made for personal use only, you may not copy, reproduce, perform, display, modify, republish, upload, post, transmit, create derivative works of, or distribute any or a portion of any Content or any documents or information from any of our Sites or Services in any form or by any means without prior written permission from us or the specific Content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on our Sites or Services. No rights or title to any of the Content shall be considered transferred or assigned to you at any time. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Daily Thrive. Any unauthorized use of Content appearing on our Sites or Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. We do not warrant or represent that your use of Content displayed on, or obtained through, our Sites or Services will not infringe the rights of third parties.

14.  Submissions. You hereby grant to Daily Thrive a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Daily Thrive through the Daily Thrive Sites or Services (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Daily Thrive will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Daily Thrive operations or businesses.

15.  Hyperlinking. This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Daily Thrive. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Daily Thrive. Daily Thrive has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Daily Thrive Site or Service to another web page should be accessed at the User’s own risk. Daily Thrive makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.

16.  Use of Communication Services. The Daily Thrive Sites or Services may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages or profiles, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

(a)        you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(b)        advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;

(c)         is vulgar, obscene, pornographic, incendiary, or indecent;

(d)        threatens or abuses others;

(e)        is libelous or defamatory towards others;

(f)         is racist, abusive, harassing, threatening or offensive;

(g)        seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

(h)        harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;

(i)          impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(j)          falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);

(k)        advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized by Daily Thrive;

(l)          solicits funds, advertisers or sponsors for any purpose;

(m)      includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;

(n)        disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;

(o)        amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;

(p)        disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or

(q)        contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to a Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Daily Thrive nor any third party that provides Content or services to Daily Thrive will assume or have any liability for any action made by Daily Thrive or such third party with respect to any submission.

You acknowledge that we may or may not pre-screen materials uploaded to the Communication Services, yet we shall have the right, but not the obligation, in our sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by us in our sole discretion.

Daily Thrive reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that Daily Thrive will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE DAILY THRIVE EXPLICITLY PROHIBITS THE CONDUCT LISTED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE DAILY THRIVE SITES OR SERVICES IS ENTIRELY AT YOUR OWN RISK, AND THAT DAILY THRIVE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, DAILY THRIVE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE DAILY THRIVE SITES OR SERVICES IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

17.  Right to Terminate Access. We reserve the right to monitor use of our Sites and Services to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. You agree that we may, in our sole discretion, terminate or suspend your access to any or all of our Sites or Services with or without notice and for any reason, including without limitation breach of these Terms of Use. Upon termination or suspension, regardless of the reasons therefore, your right to use our Sites and Services shall immediately cease, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Sites or Services. We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. 

18.  Disclosure Under Law. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

19.  Personally Identifiable Information. We caution you against giving out any personally identifying information about yourself or anyone else in any Communication Service. In an effort to preserve your privacy, we will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in our Privacy Policy at https://www.dailythrive.app/privacy-policy-update as well as in conformance with all applicable laws, rules, and regulations.

20.  Disclaimer & Limitations on Liability. You understand that Daily Thrive cannot and does not guarantee or warrant that files available for downloading from the Daily Thrive Sites or Services will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s), TVs, mobile devices, or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s)TVs, mobile devices, and network(s), and that you will maintain adequate means of backup of your personal data, external to the Daily Thrive Sites or Services. Daily Thrive further disclaims any responsibility to ensure that the Content located on its Sites or Services is necessarily complete and up-to-date.

YOUR USE OF THE DAILY THRIVE SITES OR SERVICES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. DAILY THRIVE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DAILY THRIVE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY DAILY THRIVE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE DAILY THRIVE SITES, SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAILY THRIVE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DAILY THRIVE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF ANY DAILY THRIVE SITE OR SERVICE OR ITS CONTENT. DAILY THRIVE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

DAILY THRIVE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF DAILY THRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DAILY THRIVE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DAILY THRIVE FOR THE APPLICABLE CONTENT, SITE, OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

21.  Indemnity. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DAILY THRIVE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

22.  Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (as designated herein) all of the written information specified below:

— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

— A description of the copyrighted work that you claim has been infringed upon;

— A description of where the material that you claim is infringing is located on the Site or Service, including any applicable website address;

— Your address, telephone number, and e-mail address;

— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;

— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send the written communication to the Designated Agent:

Hubbard Law, LLC

Attn: Copyright Compliance

11856 Niwot Road

Longmont, Colorado 80504

copyright@hubbard.law

607-379-9602

23.  Security. Any passwords used for our Sites or Services are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Daily Thrive may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Sites or Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Daily Thrive reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Daily Thrive reserves the right to investigate suspected violations of these Terms of Use. Daily Thrive reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Daily Thrive to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD DAILY THRIVE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DAILY THRIVE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DAILY THRIVE OR LAW ENFORCEMENT AUTHORITIES.

24.  Disputes. If there is any dispute about or involving these Terms of Use, the Daily Thrive Sites or Services and/or any Communications Services, you agree that any dispute shall be governed by the laws of the State of Florida, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Miami-Dade County, Florida in connection with any dispute between you and Daily Thrive arising out of or involving this Agreement or our Sites or Services. You acknowledge and agree that Daily Thrive may, at its sole discretion, require you to submit any disputes arising from these Terms of Use or our Sites or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

25.  Miscellaneous.

(a)        If any part of these Terms of Use is found by a court or tribunal of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

(b)        You agree that no joint venture, partnership, employment, or agency relationship exists between you and Daily Thrive as a result of this Agreement or use of Daily Thrive’s Sites or Services.

(c)         Daily Thrive uses the Vimeo OTT Service in the operation of its Sites and Services.  To use Daily Thrive’s Sites or Services, you agree to the terms in Vimeo’s OTT Viewer Terms of Service, located here. 

(d)        These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Daily Thrive with respect to the Daily Thrive Sites or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to our Privacy Policy), guidelines, or rules that may apply when you use the Daily Thrive Sites or Services. Daily Thrive may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Daily Thrive Sites or Services after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.

(e)        You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

(f)         Neither party will be held liable for failure to fulfill its obligations hereunder if such failure is due to a Force Majeure Event. A “Force Majeure Event” means, but is not limited to, an act of war; domestic and/or international terrorism; civil riots or rebellions; quarantines, embargoes and other similar unusual governmental actions; pandemics, epidemics, local disease outbreaks, public health emergencies; or extraordinary elements of nature or acts of God; provided that such Force Majeure Event is beyond the excused party’s reasonable control, occurs without the excused party’s fault or negligence, is not caused directly or indirectly by the excused party and could not have been prevented or avoided by the excused party’s reasonable diligence.

(g)        The failure of Daily Thrive to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Daily Thrive must be in writing and signed by an authorized representative of the Daily Thrive.

(h)        The section titles in the Agreement are for convenience only and have no legal or contractual effect.

26.  Contact. If you have any questions, or to report any violations of this Agreement, please contact us here or at hello@dailythrive.app.