You are permitted to access the Site, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs, and/or other works (singly or collectively, the “Content”) solely for your or your organization’s internal information purposes. You agree to maintain all copyright, trademark, and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by Thrive Analytics in writing or expressly permitted in these Terms of Use.
Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations’ products or services. External citation to the Content is prohibited without Thrive Analytics’ express written permission and is subject to Thrive Analytics’ Citation Policy as set forth on this Site, except that members of the press may cite to portions of the Content without Thrive Analytics’ prior approval if such citation complies with the terms set forth in the Citation Policy section of this Site.
The Site and all of the Content are protected by U.S. and/or international copyright laws, and belong to Thrive Analytics, its licensors, or third parties. No right, title, or interest in any Content is transferred to you.
You agree to use the Site and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Site or render the Site inaccessible to others.
Access to certain areas of the Site is restricted to Thrive Analytics Subscribers to whom we have issued passwords. You are not authorized to access any password-restricted areas unless you have received a password from Thrive Analytics (or from your employer if your employer has been authorized by Thrive Analytics to issue such password). You may not use another person’s password to access the Site.
If you are a Subscriber, you are responsible for keeping your password confidential. You agree not to share your password with any other individuals or to otherwise allow any other individuals to access the Site or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password. To protect the security of the Site and your account, we reserve the right to monitor Site usage and suspend access to any account with activity we deem suspicious. If your account is suspended, we will contact you to ensure that your account has not been compromised before reactivating your access.
The Content on this Site is based on Thrive Analytics’ reasonable efforts to compile and analyze the best sources reasonably available to Thrive Analytics at any given time. Any opinions reflect Thrive Analytics’ judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Site or the Content or the User Content is to discontinue using the Site.
THIS SITE AND THE CONTENT ARE PROVIDED “AS IS,” AND THRIVE ANALYTICS DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITE WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.
YOU AGREE THAT THRIVE ANALYTICS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT OR USER CONTENT, WHETHER OR NOT THRIVE ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT THRIVE ANALYTICS SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THRIVE ANALYTICS’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING THRIVE ANALYTICS’ LIABILITY IN THIS SECTION SHALL, IN ANY CASE, BE INTERPRETED TO LIMIT THRIVE ANALYTICS’ LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.
You understand and agree that you are responsible for your use of the Site. You agree to indemnify, defend and hold harmless Thrive Analytics, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Content, the User Content or any violation by you of these Terms of Use.
Thrive Analytics may provide links to third-party content and other websites on the Site. We do not endorse, sponsor, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.
The laws of the State of Ohio govern this Agreement and your use of Our Service. You agree to comply with all laws, regulations, obligations, and restrictions, which apply to you. You agree that the courts located in Ohio have exclusive jurisdiction for any claim, action, or dispute under this Agreement. You also agree and expressly consent to the exercise of personal jurisdiction in the State of Ohio. No failure or delay in enforcing any right shall be a waiver of that or any other right. If any term of this Agreement is held invalid, illegal, or unenforceable, the remaining portions shall not be affected.
The Terms of Use are effective until terminated by Thrive Analytics or your subscription has expired. Thrive Analytics may terminate this Agreement and your access to this Site at any time without notice. In the event of termination, you are no longer authorized to access this Site, but all restrictions imposed on you, licenses granted by you, and Thrive Analytics’ disclaimers and limitations of liability set out in the Term of Use will survive.
If you have any questions about permitted uses of this website or content on the website, please contact your account manager.
