Terms & Conditions
Updated as of November 1, 2018
These terms and conditions (the "Terms") constitute an agreement between you and Thrive-Community, Inc., ("Thrive-Community") on behalf of itself and its affiliates ("Thrive- Connect, Thrive Shop, Thrive Events & Activities"). "We" refers to Thrive-Community. We provide non-medical services in the home (the "Services"). Thrive-Community's technology, including its website, the Elder, Family and Additional Family Member App and the Thrive-Community Enterprise Technology, are referred to as the "Platform" and are considered part of the Services.
1. Nature of the Services
The Services and Platform do not include medical services or advice and should in no event be used or interpreted to replace or supersede any direction provided by a doctor or other professional medical provider. The Platform and Services are provided only to support and assist you in complying with any direction given by your doctor or other professional medical provider and should at no time be interpreted as a replacement or as superseding any advice given from your doctor or other professional medical provider. In the event the Services or Platform are inconsistent with the advice of your doctor or other professional medical provider, the advice of your doctor or other professional medical provider should supersede the Services or Platform and you should immediately cease use of the Services or Platform until you have consulted with your doctor or other professional medical provider. You should consult with an appropriately trained professional or medical provider for all concerns that require professional or medical advice. The Platform does not provide emergency support and is a means of monitoring only.
As part of the Services, we collect information about the elder and transmit that information to you and others (for example, information about activities of daily living, sleep times, mood, general wellbeing and connections, shopping and events and activity history, etc.). All information is collected and transmitted for your convenience only, and we are not responsible for taking action on any information that we collect or observe.
The Platform may in the future provide medication reminders as assistance with medication compliance but may not dispense or administer medications.
The uses of our affiliate suppliers for any services they provide are bound by their terms and conditions. Thrive-community accepts no responsibility for services used.
2. Authority to Bind Users of Thrive-Community
These Terms are binding between you, and us on behalf of you and, the elder user, the family member, additional family member and the care provider and its users - the recipients ("Recipient"). You represent that you and the Recipient (if not the same) are at least the age of legal majority in your jurisdiction and that you have full authority to bind the Recipient and yourself (if not the same) these Terms, and every reference in these Terms to "you" and "your" shall including you and the Recipients. You will provide us with evidence of any necessary authority upon request, or we reserve the right to terminate use of the Services and Platform.
3. Changes to Terms or Service
We may modify the Terms, including the rates we charge you, by sending notice under Section 15. If you do not want to be bound by the modified terms, then you must stop using the Services. Because our Service is evolving over time we may change or discontinue providing the Services, at any time and without notice, without any liability whatsoever for such change or discontinuance.
4. General Payment Terms
You agree to keep a current credit or debit card on file with us at all times. You authorize us to charge your card for Services that you order ("Service Fees"). All Service Fees for Services rendered will be charged immediately. Monthly subscription fees will automatically apply at the commencement of each calendar month. We retain the right to place a hold on your credit card for an ordered or completed service. You agree that we may charge your payment method for verification and preauthorization purposes and you agree to bear any additional charges that your bank or other financial service provider may levy on you. We use third-party services to process credit card information.
5. Cancellation by You
You may cancel your booked Services, scheduled events or activities by emailing us at email@example.com or by calling us at 617-599-0060 at least 24 hours prior to the event or activity that you wish to cancel. You shall be responsible to pay for any booked Services, scheduled events or activities that you do not cancel as provided in this paragraph and you authorize us to charge your credit card for any scheduled events & activities that you do not cancel in accordance with this paragraph.
6. Substitution of Events & Activities
If an event or activity is cancelled as provided in paragraph 5, we will make every reasonable effort to find a replacement event or activity for you to participate in should you wish. If no replacement is available, you will not be charged for the event and/or activity. We will not otherwise be responsible for any inability to provide a substitute event or activity.
7. Good Samaritan
The Thrive-Community and Thrive Platform services do not include medical care of any kind, including emergency care, and no part of the Subscription Fees constitute compensation for any medical or emergency care. We shall be entitled to the full benefit of any "Good Samaritan" laws.
8. Internet of Things (IOT) Integration
You are responsible for enabling and ensuring the proper integration of the IOT devices you choose to connect to the Thrive-Community and/or Thrive Platform. We do not accept any liability for failed integration of a device chosen.
9. Privacy and Confidentiality.
When you use the Thrive-Community, Thrive Platform and Services you submit personal information about you and your family Elder, such as your name, address, mobile phone number and age, as well as information about the Elder that may be relevant to the services provided, such as physical or mental condition, medications, preferences, diet, etc. You agree to provide accurate, complete and up-to-date information, and your failure to do so may result in adverse consequences for your loved one and the inability to access and use the Services and/or Platform, or suspension of your account.
10. Communications from Us
By agreeing to our Terms & Conditions you consent to communicating with us via email, text, our website, the Thrive-Community, and Thrive App, including the transmission of information about the Recipient, the Recipient's condition (including information that may be considered Protected Health Information under HIPAA), and the Services they use. Your phone calls with us may be recorded and you consent to that recording. You may also receive email or text updates about the Services, newsletters, special offers, and account reminders. You can remove yourself from digital communications that are not related to the delivery of Services by following the instructions in the email or text. If you do not want to receive communication with regards to new offerings and updates by email or text, please notify us at firstname.lastname@example.org.
11. Acknowledgment of Risks; Insurance; Release and Limitation of Liability
The Thrive-Community, Thrive Platform and its use of Internet of Things ( IOT ) and check in functions provide an opportunity for people to age in their home and live independently. The platform provides support and peace of mind for the elder however it does not act as an emergency solution. As such there are risks associated for elders living alone and it is ultimately up to you to determine whether you as an elder or as a family member feel home care with some support is appropriate for you.
We carry professional and commercial liability insurance in the minimum amount of $1,000,000 per occurrence and $3,000,000 in the aggregate.
You, the Elder, Recipient, Family Member and Enterprise hereby release Thrive-Community, Thrive and our officers, agents, employees, contractors and representatives from any liability for injuries, property loss or other damages arising out of the use of our platform to the fullest extent permitted by the law..
You expressly waive and relinquish any rights and benefits afforded by Section 1542 of the California Civil Code. Section 1542 of the California Civil Code states as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtors.
To the fullest extent permitted by law, Thrive-Community and Thrive, shall not be liable for any indirect, incidental, special, exemplary or consequential damages, or for personal injury, death or property loss or damage.
12. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. If a legal action is permitted under these Terms, such legal action shall be brought exclusively in the state or federal courts of California.
We may give notice by means of a general notice on the Platform, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. You may give notice to us at any time by first class mail or pre-paid post to Thrive Community, Inc., 1706 South 500 West Suite 200, Bountiful, UT, 84087, Davis County, Utah or by email at email@example.com. Notice shall be deemed to have been given upon the expiration of 72 hours after mailing or posting (if sent by first class mail or pre-paid post) or 24 hours after sending (if sent by email or posted on the Platform).
We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Except as provide in Section 15 "Agreement to Arbitrate," If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
15. Agreements to Arbitrate; Dispute Resolution
You, the Elder, Family Member and Enterprise agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court. You acknowledge and agree that you and we are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and we otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Section 15 will be deemed void. This "Agreement to Arbitrate" will survive any termination of the relationship between us.
Arbitration Rules and Process
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at the website above.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and we otherwise agree, the arbitration will be conducted in __________ California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, the AAA Rules will determine your right to a hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The prevailing party in the arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Your responsibility to pay any arbitration fees will be solely as set forth in the AAA Rules. If your claim for damages does not exceed $75,000, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding anything else in these Terms, if we change this "Agreement to Arbitrate; Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this "Agreement to Arbitrate; Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
If you don't want to settle Disputes by arbitration as described above, you will notify us by sending us an email to email@example.com within thirty (30) days of the date on which you agreed to these Terms, and consequently you agree that all Disputes will be resolved as provided in Section 15.