TERMS AND CONDITIONS OF USE
Website Terms and Conditions of Use for https://earnsavethrive.com
Effective Date: September 27, 2023
This webpage stands as a legal instrument, representing the Terms and Conditions (Agreement) for our online platform, accessible at https://earnsavethrive.com/ (Website). By engaging with our Website, you hereby affirm your commitment to fully adhere to and be bound by the ensuing Agreement each time you make use of our Website.
Definitions
In the context of this Agreement, the terms “we,” “us,” and “our” pertain to EarnSaveThrive.com, the proprietor of this Website. A “Visitor” signifies an individual who merely peruses our Website. A “Member” denotes an individual who has registered on our Website to avail themselves of our Services. The term “User” encompasses both Visitors and Members collectively. The term “Product” encompasses any merchandise we offer for sale or gratuitously distribute.
All text, data, graphics, design, and information provided through our Website or Services, whether originated by our Members or by us, collectively form our “Content.” Content posted by our Members is distinctly labeled as “Member Content.”
Acceptance of Agreement
This Agreement is a pact between you and EarnSaveThrive.com.
THIS AGREEMENT INCLUDES DISCLAIMERS OF WARRANTIES AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TOWARDS YOU. PLEASE PERUSE THESE TERMS AND CONDITIONS PRUDENTLY AND IN THEIR ENTIRETY. YOUR USE, ACCESS, OR BROWSING OF OUR WEBSITE IMPLIES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DISSENT FROM ANY TERM OR CONDITION SET FORTH HEREIN, KINDLY EXIT OUR WEBSITE INSTANTLY AND REFRAIN FROM FURTHER USE, ACCESS, OR BROWSING.
Unless specified otherwise, this Agreement constitutes the exclusive Agreement between you and EarnSaveThrive.com, supplanting all other Agreements, representations, warranties, and understandings concerning our Website, Services, and the subject matter covered herein. However, to employ our Website and/or Services, you may also need to accept additional terms and conditions, which will be integrated into this Agreement unless otherwise stipulated.
Privacy Policy
Our Privacy Policy is an integral part of this Agreement and is accessible on this site. You must inspect our Privacy Statement by following this link: https://earnsavethrive.com/privacy-policy/ If you decline to consent to and be bound by all the provisions of this Agreement, including the Privacy Policy, do not use Website or our Services.
Dispute Resolution
Any legal dispute or claim arising from or in relation to this Agreement and/or our Services, except for legal action taken by us to collect or recover damages associated with website operations, intellectual property, or our Services, will be exclusively resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Such disputes or claims will be individually arbitrated and will not be amalgamated with any other party’s claims or disputes.
The arbitration award can be entered into any court with the requisite jurisdiction. Either party may seek interim or preliminary relief from a court with competent jurisdiction to safeguard their rights or property pending the conclusion of arbitration. Both parties will share equally in the arbitration fees and expenses.
Limited Authorization
EarnSaveThrive.com grants you a non-exclusive, non-transferable, revocable permit to access and utilize our Website and Services, solely in accordance with this Agreement. Your utilization of our Website and Services is restricted to internal, personal, and non-commercial purposes unless otherwise specified in this Agreement. Under no circumstances should any printout or electronic version of any part of our Website or Services be used by you in any legal or arbitration proceedings.
Legal Compliance
You undertake to adhere to all relevant domestic and international laws, statutes, regulations, and ordinances in connection with your utilization of our Website, Content, Services, and any software provided therein.
Our Association with You
This Agreement in no way establishes an agency, partnership, joint venture, or employer-employee or franchisor-franchisee relationship between you and EarnSaveThrive.com.
Our Intellectual Property
Our Website may feature our service marks or trademarks, along with those of our affiliates or other entities, in the form of words, graphics, and logos. Your use of our Website or Services does not confer any entitlement or license for you to use our service marks or trademarks without prior written authorization from EarnSaveThrive.com.
Our Content, discoverable within our Website and Services, enjoys protection under United States and foreign copyright laws. Reproduction, redistribution, utilization, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not confer upon you any ownership rights to our Content.
Eligibility and Registration for Membership
To avail yourself of our Services, you must register as a Member on our Website. Your Membership cannot be transferred or assigned and is null and void where prohibited. Our Website and Services are designed exclusively for Users aged (18) years or older. Any registration, usage, or access to our Website by persons below this age is unauthorized, unlicensed, and a contravention of these Terms and Conditions. By using our Website and/or Services, you affirm and guarantee that you are (18) years or older and consent to abide by all the provisions of this Agreement. EarnSaveThrive.com reserves the exclusive right and discretion to determine whether to admit a Member, and may decline a Member’s registration with or without explanation.
Upon completing the registration procedure, you will acquire a password permitting access to our Services. You are obliged to maintain the confidentiality of your password and assume full responsibility for any liability and harm arising from your failure to preserve password security, as well as all actions conducted through the use of your password.
You undertake to promptly notify us of any unauthorized use of your password or any other breach of security. You acknowledge that our Website shall not be responsible for any losses or damages resulting from your failure to comply with password security, as articulated herein.
Errors, Corrections, and Alterations
We do not assert or warrant that our Website will be devoid of errors or immune to viruses or other harmful components, nor do we pledge to rectify any errors. We do not declare or assure the accuracy, completeness, timeliness, or overall dependability of the information obtainable on or through our Website.
EarnSaveThrive.com reserves the right, at its exclusive discretion, to modify any content, software, or other elements used or contained within our Website or Services at any time and without notice.
Disclaimer
Our Website publishes content provided by third parties, Users, Advertisers, Merchants, and Sponsors. Consequently, EarnSaveThrive.com has no editorial control over such content. Any viewpoints, information, or content disseminated or made accessible by third parties, including information providers, Users, or any other user of our Website, represent the opinions of the respective author(s) and not those of EarnSaveThrive.com. EarnSaveThrive.com does not vouch for the accuracy, comprehensiveness, marketability, or suitability for any particular purpose, nor the legality of any content furnished by any of these entities.
You understand that we do not manage or oversee the goods or services offered by third-party Merchants. These Merchants are responsible for all aspects of order handling, fulfillment, billing, and customer service. We are not a party to transactions conducted between you and Merchants. By using or purchasing from such Merchants, you assume all associated risks without any warranties from us. All rules, legal documents (including privacy policies), and operational procedures of Merchants will apply to you when on their respective websites.
You hereby acknowledge that nothing contained in our Website should be construed as financial, investment, legal, or other professional counsel, and that no professional relationship of any kind is formed between you and EarnSaveThrive.com or our Members. You agree not to base any financial, investment, legal, or other decisions, in whole or in part, on any content found in our Website or Services.
Warranty Disclaimer
EarnSaveThrive.com disclaims all responsibility and liability for any Content posted on our Website or in connection with our Services, whether posted by Members of our Website or by EarnSaveThrive.com. While we provide guidelines for Member behavior and postings, we do not exercise control and disclaim responsibility for what Members post, transmit, or share on our Website or Services. EarnSaveThrive.com is not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content that you may encounter while using our Website or Services. Furthermore, EarnSaveThrive.com is not liable for any online or offline conduct of any User of our Website or Services.
Our Website or Services may be periodically unavailable for maintenance or other reasons. EarnSaveThrive.com assumes no liability for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, unauthorized access to, or alteration of Member communications.
EarnSaveThrive.com is not accountable for any technical glitches or other issues within any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any email failure due to technical problems or Internet traffic congestion or any combination thereof. This includes injury or damage to computers, mobile phones, or other hardware or software owned by Members or any other person, directly or indirectly related to or resulting from the use or downloading of materials in connection with our Website or Services, including any software supplied through our Website or Services.
Under no circumstances shall EarnSaveThrive.com be held responsible for any loss or damage, including, but not limited to, any loss or damage to personal property, or loss of profits, business, or litigation, stemming from anyone’s use of our Website or Services or any interactions between Users of our Website or Services, whether online or offline.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or affiliation with our Website by third parties or by any equipment or programming associated with or used by our Services.
The content, information, and materials accessible through our website are presented “as-is,” “as available,” and “subject to inherent imperfections,” with the renouncement of all express or implied guarantees, including, without limitation, disclaimers regarding the implied warranties of marketability and appropriateness for specific purposes. Our website and the services we offer may occasionally contain glitches, inaccuracies, issues, or other limitations.
Liability Disclaimer
The entity EarnSaveThrive.com, along with its associated partners, does not assume any responsibility for your utilization of our website or services. EarnSaveThrive.com is unable to guarantee or pledge particular outcomes resulting from the utilization of our website or services, including, but not confined to, linked software. Our organization does not affirm or warrant the precision, entirety, trustworthiness, up-to-dateness, flawlessness, lack of errors, or freedom from detrimental elements such as viruses in our content, services, or any bundled software. Consequently, we recommend exercising vigilance when engaging with and downloading said content or software, using industry-recognized software for virus detection and removal. We explicitly disclaim any responsibility or liability for any destruction caused by viruses ostensibly connected to our content, services, or associated software.
Downloading and Usage
Furthermore, you accept and consent that you download or otherwise acquire content and related software from our website or services at your own peril. You shall be solely liable for your utilization thereof and for any harm to your computer system or mobile device, data loss, or other conceivable damages. We, as well as all our affiliated entities, are not answerable for any indirect, exceptional, secondary, minor, or punitive damages, such as loss of trade, earnings, legal actions, or equivalent consequences. This is applicable whether rooted in breach of contract, breach of guarantee, tort (including negligence), product accountability, or any other ground, even if alerted to the possibility of such damages. The exclusion and limitation of damages articulated above are foundational components of the negotiation between you and EarnSaveThrive.com.
Information and Advice
Our website and services could not be offered without these constraints. Any advice or information, whether spoken or written, obtained from us via our website or services, does not instigate any warranty, representation, or assurance not explicitly stated in this accord.
Limitation of Liability
In no instance shall our company, its administrators, employees, or agents be held accountable to you or any third party for any roundabout, resultant, illustrative, ancillary, specific, or punitive damages, comprising lost revenue or lost data stemming from your use of our website, content, services, or any linked software accessed via our website or services. This remains valid even if our company possesses knowledge of, or has been apprised of, the possibility of such damages. In opposition to any inconsistent provisions herewith, our company’s responsibility towards you, for any basis whatsoever, and regardless of the lawsuit’s form, will be consistently limited to the sum, if any, paid by you to us for accessing our website and/or services during the month directly preceding the occurrence instigating the liability.
Member Behavior
User-Generated Content
Members retain the privilege to upload their content onto our website through our services (Member Content). Both Members and Visitors comprehend that by employing our website or Service, they may be exposed to content that could be offensive, indecent, or objectionable. We exert no authority over Member Content and provide no assurance of its caliber, precision, or integrity. Our entity does not take responsibility for monitoring or sieving any Member Content. Should any Member Content be reported to our entity as offensive or unsuitable, we hold the right to request the Member’s alteration or removal of the questionable content within 24 hours of our notification. Failure to comply allows us full authority to restrict the Member’s capability to post Member Content or promptly terminate the Member’s membership without further notice.
Content Violations
In addition to the above, we possess the sole prerogative to eliminate any Member Content that violates this Agreement or is otherwise deemed objectionable in our absolute judgment. Members are accountable for compliance with all applicable federal and state laws in regard to their content, including intellectual property rights such as copyrights and trademarks. Members will adhere to copyright and trademark laws and warrant against employing our Services to infringe upon the intellectual property rights of others. Per the Digital Millennium Copyright Act (DMCA) and pertinent legislation, we have adopted a policy of discontinuing the membership of individuals whom we consider, at our absolute discretion, to be infringing on the intellectual property rights of others.
Prohibited Actions
As a Member, you are prohibited from utilizing our Services to execute any of the following actions:
- Uploading, posting, or transmitting any Member Content that:
- Violates local, state, federal, or international laws
- Infringes upon the patents, trademarks, trade secrets, copyrights, or other proprietary rights of any party
- Causes harm, endangers, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise offensive
- Links directly or indirectly to any materials without proper authorization
- Contains private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
- Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
- Is deemed objectionable by Our Company or restricts or hinders any other person from using or enjoying our Website or Services, or which may expose Our Company, our affiliates, or our Users to any harm or liability of any type
Use of Our Content
Additionally, you agree not to utilize our Content for purposes such as:
- Developing a competing website
- Creating compilations or derivative works as defined under United States copyright laws
- Redistributing it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
- Decompiling, disassembling, or reverse-engineering our Website, Services, and any related software
- Employing our Website or Services in any manner that infringes upon this Agreement or any local, state, federal, or international laws
Information Usage
By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) on our Website, you grant EarnSaveThrive.com and its affiliates, representatives, consultants, officers, directors, employees, agents, and partners a license to use the Member Content in conjunction with EarnSaveThrive.com’s business operations. This includes the right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content. You acknowledge and consent that you will not receive compensation for any Member Content. By posting Member Content on our Website or Service, you affirm that you possess the rights to the Member Content or have the necessary authorization to post, display, distribute, perform, or transmit Member Content.
Unlawful Activities
We maintain the right to investigate complaints or reported violations of this Agreement and undertake any measures we find suitable. This includes, but is not restricted to, reporting suspected unlawful activities to law enforcement authorities, regulatory bodies, or other third parties. We may also disclose any pertinent information to such individuals or entities concerning your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
Linking to Our Website
You are authorized to establish links to our Website provided that you refrain from obscuring or removing any part of our Website through framing or any other means. Your website must abstain from engaging in illicit or explicit activities, and you must promptly discontinue providing links to our Website upon our request.
Links to Other Websites
Our Website may occasionally feature links to third-party websites. The inclusion of links to any website on our Website does not signify our endorsement, guarantee, warranty, or recommendation of the services, information, content, and/or data available on such third-party websites. EarnSaveThrive.com lacks authority over the legal documents and privacy practices of third-party websites, and accessing any third-party websites is at your own risk. It is strongly advised that you review the privacy policies and terms and conditions of those websites to fully comprehend the data collection and utilization practices.
Payments
You confirm and assure that if you make a purchase from us, (i) the payment information you provide is accurate and complete, (ii) any charges incurred will be honored by your bank or credit card company, (iii) you will pay the charges at the posted prices, including applicable taxes, and (iv) if your initial payment method fails, you will still pay the incurred charges, including any surcharges due to the failed payment.
Refund and Return Policy
Concerning direct purchases from us, we may refund your purchase price within thirty (30) days of receiving your written refund request along with an explanation, subject to the return of the product to us in substantially the same condition as when purchased. Refunds or returns may be subject to restocking fees as listed on our Website.
Membership Termination
Your membership remains in effect until terminated by you or us. Failure to comply with any term of these Terms and Conditions will result in the automatic termination of your rights under this Agreement. Upon termination, you shall cease representing yourself as a registered Member or Client and delete or destroy all information or content (including all copies) obtained from our Website. Specific provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues, will persist beyond the termination of this Agreement.
Indemnification
You agree to indemnify, defend, and hold us, our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, arising from your violation of this Agreement or use of our Website or Services.
Severability and Continuation
In the event that any part of this Agreement is deemed invalid or unenforceable, that portion will be interpreted in accordance with applicable law, and the remaining portions will remain valid and effective. To the extent that any Content conflicts or is inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be construed as a waiver of such provision or the right to enforce it. Our rights under this Agreement shall endure beyond the termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time, providing you with advance notice of changes via email or in writing. These changes will also be posted on our website and will take effect 30 days after the notice’s receipt. Unilateral amendments will not retroactively alter the dispute resolution provisions of these Terms and Conditions, if any, for ongoing disputes unless both parties explicitly agree otherwise. Your continued use of our Website, Services, and Products following any changes to these Terms and Conditions constitutes your acceptance of such changes. If you disagree with the modifications to these Terms and Conditions, you may choose to discontinue using our Website, Services, and Products.