Biometric Test Terms of Service
Please carefully read the Terms of Service (“Terms”) set forth below. The Terms govern your use of our website (thrivous.com) (“Website”), any biometric test or related service (“Test”), or any other services or products received through the Website or a Test (“Services”) from Thrivous or any agent, employee, representative, or independent contractor of Thrivous (collectively “Thrivous”).
By Using the Test and the Website, You Agree to Be Bound to the Term and Any Updated Terms
By using the Website and by purchasing or using the Test, Services, or the services or products associated with the Test, you agree that you are bound by the Terms, and you waive any claim that these Terms do not apply. If you do not agree to the Terms, you should not use a Test, the Website, or any of the Services.
At its sole discretion and at any time, Thrivous may alter these Terms. Updated Terms will be posted on the Website or provided to you by email or other means. After such update and notice to you, by continuing to use the Website, a Test, the Services, or any other products or services available through the Website, you agree to be bound by any modified terms and conditions in the updated Terms, and you unconditionally waive any claim that the Terms are not binding upon you. You should stop using any Test, the Website, or any Services if you do not expressly agree to be bound by any updated Terms.
You Agree that You Are Not Receiving Any Medical Advice
The products identified and discussed in the Website, including the Test and other Services, and the claims and representations about those products and services, have not been evaluated or approved by the United States Food and Drug Administration (“FDA”). Neither the Website, the Test, the Services, nor any products or services on the Website (including any information on or in any product label or packaging) are intended to prevent, diagnose, treat, or cure any disease or disability, and you agree that you will not use them for that purpose.
You also agree that you will not substitute the information and results found on the Website, a Test, or any Services with advice from your personal physician or other health care professional. To be clear, you agree that you will only rely on medical advice and recommendations from an independent, licensed, and qualified medical provider or professional, not on any result or information in the Website, a Test, or any Services. You will not rely on Thrivous, the Website, or any Test for any medical or health-care advice, including to diagnose or treat any health problem you may have or to prescribe medication or other medical treatment. You should in every circumstance consult with a personal healthcare or medical professional or provider and carefully adhere to the advice and recommendation received from those professionals or providers, including the instructions and labels on any products or prescriptions those professional or providers direct you to use. Unless specifically advised by your personal, independent medical or healthcare professional or provider, you should not use the Test, the contents of the Website, or the Services to determine or alter any health or medical treatments.
Only Capable Adults Can Use a Test, the Website, or the Services for Personal Use
You agreed that you will not use or benefit from the Website, a Test, or any Services if you are not 18 years old or older or if you do not have capacity to enter a binding contract with Thrivous.
Only you can benefit from a Test, the Website, and the Services. You agree that you will not use a Test, the Website, or the Services for any commercial or non-personal use, including through resale of any Services.
Thrivous Can Acquire, Store, and Process Your Biometric Data
You agree that Thrivous can acquire, store, and process your biometric data on your behalf. You also agree that Thrivous can include your biometric data, disassociated from personal identifiers, in aggregate biometric data for publication.
Through Use of a Test, the Website, or Any Services, You Waive Certain Claims or Rights and Create Certain Duties
By using a Test, the Website, or any Services, you agree to the following terms and conditions.
You agree that Thrivous is not liable to you, and that you will indemnify and hold Thrivous harmless for any claim, action, liability, loss, injury, or other damage to you, or any other person or entity associated with you or working with you, that arises in whole or in part, directly or indirectly, from your use of the Website, a Test, or any Services. This indemnification provision includes the costs of attorney fees and other litigation expenses, for which you will be responsible to indemnify Thrivous. You agree that, if any claim arises between you and any party related to the Website, a Test, or any Services, you will not settle any such claim without the prior written consent and approval of Thrivous. You agree that you will indemnify and hold harmless Thrivous (including its officers, directors, employees, agents, contractors, and subcontractors), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of a Test, any Services or the Website or (b) your violation of these Terms.
Also, you agree that NEITHER THRIVOUS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, A TEST, OR CONTENT IN THE WEBSITE WILL BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, A TEST, OR THE WEBSITE (OR THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE WEBSITE, A TEST, OR THE SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THRIVOUS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU AGREE THAT THRIVOUS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, A TEST, OR THE WEBSITE WILL IN NO EVENT EXCEED THE AMOUNTS YOU HAVE PAID TO THRIVOUS FOR USE OF A TEST, FOR ANY SERVICES, OR FOR THE WEBSITE, OR FIFTY DOLLARS ($50) IF YOU HAVE NOT MADE ANY PAYMENT TO THRIVOUS.
YOU ALSO AGREE AND ACKNOWLEDGE THAT THRIVOUS EXPRESSLY DISCLAIMS ALL LIABILITY FOR CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR NON-COMPLIANCE WITH ANY PRINTED DIRECTIONS.
Also, you agree that Thrivous provides you any Test and Services “AS IS,” without warranty of any kind. Without limiting the foregoing, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT THRIVOUS MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE TEST, SERVICES, OR WEBSITE, AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED BY THRIVOUS. YOU ACKNOWLEDGE THAT THRIVOUS HAS NOT REPRESENTED OR WARRANTED THAT ANY SERVICES OR TEST WILL BE ERROR FREE OR WITHOUT DELAY, TO THE EXTENT THE ABOVE WARRANTY.
YOU ADDITIONALLY AGREE AND ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AND OTHER PROVISIONS SET FORTH ABOVE ARE FUNDAMENTAL AND PREREQUISITES TO ANY CONTRACTUAL OR OTHER RELATIONSHIP BETWEEN YOU AND THRIVOUS AND THAT THRIVOUS WOULD NOT HAVE MAINTAINED A CONTRACTUAL OR OTHER RELATIONSHIP WITH YOU BUT FOR YORU AGREEMENT TO ABIDE BY THESE TERMS AND THIS SECTION.
TO THE EXTENT A STATE OR JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER WAIVER OR PROVISION IN THIS SECTION OR THESE TERMS, AND TO THE EXTENT THESE TERMS ARE GOVERNED BY SUCH A STATE OR JURISDICTIONS, THE ABOVE LIMITATION, EXCLUSION, OR WAIVER WILL NOT APPLY TO YOU, BUT ONLY TO THE EXTENT NECESSARY TO RENDER SUCH ENFORCEABLE. THIS SECTION AND THESE TERMS ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER THE GOVERNING STATE OR JURISDICTION. IF A COURT OF OTHER AUTHORITY HOLDS THAT A PORTION OF THIS SECTION IS INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION OR THESE TERMS, AND A COURT MAY MODIFY ANY OFFENDING PROVISION TO MAKE THAT PROVISION ENFORCEABLE AND TO ACCOMPLISH THE INTENT OF THE PARTIES.
You Agree to Resolve any Disputes with Thrivous in a Specific Manner
These Terms and any action or lawsuit related to these Terms, a Test, any Services, or the Website will be governed by the laws of Utah without regard to its conflict of laws provisions. You also agree that any such action or lawsuit must be brought in Utah County, Utah, and you waive any claim that this forum and jurisdiction is not proper. You also agree to pay Thrivous’ reasonable attorney fees, legal costs, and other related expenses associate with any such action or lawsuit.
Finally, You Agree to Other General Terms
You agree that these Terms constitute the entire and exclusive understanding and agreement between you and Thrivous regarding the Services, a Test, or the Website unless specific terms or conditions are necessary to fulfill the purposes of your agreement or relationship. These Terms supersede and replace any and all prior oral or written understandings or agreements between you and Thrivous regarding the subject matter of these Terms. If a court of competent jurisdiction finds any provision or term of these Terms to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Also, you agree that a court will have authority to modify or redraft any terms to accomplish the parties’ intent.
You may not assign or transfer any contractual relationship with Thrivous, whether by operation of law or otherwise, without Thrivous’ prior written consent. Any attempt to assign or transfer such rights without proper consent is null and void. Thrivous may transfer or assign to a third party any contractual relationship with you, even without your consent. All contractual terms and contracts between you and Thrivous will bind and inure to the benefit of the parties, their successors, and permitted assigns.
No waiver of any covenant, condition, or provision of these Terms or any other contract between you and Thrivous shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged; and (i) the failure of any party to insist in any one or more cases upon the performance of any of those provisions, covenants, or conditions or to exercise any option therein contained shall not be construed as a waiver or relinquishment for the future of any such provisions, covenants, or conditions, (ii) the acceptance of performance of anything required by these Terms to be performed with knowledge of the breach or failure of a covenant, condition, or provision hereof shall not be deemed a waiver of such breach or failure, and (iii) no waiver by any party of one breach by another party shall be construed as a waiver with respect to any other or subsequent breach.
Updated 8 February 2024