Each section has a title and brief summary. The summaries do not replace the unique and specific text of each section, therefore each section should be read in its entirety.
- Account Eligibility and Your Responsibilities
- Inappropriate Content and Misconduct; Reporting
- Rights you are Granted By Gen:Thrive
- Rights you Grant Gen:Thrive
- Account Termination
- No Criminal Background or Identity Verification Checks
- Digital Millennium Copyright Act (DMCA)
- Limitation of Liability
- Dispute Resolution
- Indemnity by You
- Acceptance of Terms
- Entire Agreement
- Special State Terms
- Code of Ethics
Welcome to Gen:Thrive, operated by EcoRise. As used in this Agreement, the terms “Gen:Thrive,” “us,” “we,” the “Organization ”, and “our” shall refer to EcoRise.
We reserve the right, at any time, to modify, amend, or change the Terms. We will post notice of any material change on this page with an updated effective date. In some circumstances, we may notify you of a change to the Terms via email or other means. Nonetheless, you are responsible for regularly checking this page for notice of any changes. Your continued use of Gen:Thrive Services constitutes your acceptance of any change and you will be legally bound by the updated Terms. If you find the change to the terms unacceptable, you should stop using our Services immediately.
2. Account Eligibility and Your Responsibilities
Before you create an account on Gen:Thrive, verify that you are eligible to use our Services. This Section also details what you can and cannot do when using the Services and the rights you grant to Gen:Thrive.
By using our Services, you warrant and represent that:
- You are at least 18 years of age;
- You have the legal qualifications to enter a binding contract with Gen:Thrive;
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- You are not on any list of people prohibited from conducting business with the United States;
- You are not prohibited by law from using our services;
- You do not have more than one account on our Services; and
- You have not previously been removed from our Services by us, unless you have our express written permission to create a new account.
If at any time you cease to meet these requirements, you agree that you will immediately delete your account.
You agree to:
- Comply with these Terms, and check this page regularly to confirm that you are aware of any change;
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- Use the latest version of the Website;
- Treat other users in a courteous and respectful manner, both on and off our Services;
- Be respectful when communicating with any of our customer care representatives or other employees;
- Maintain a strong password and take reasonable measures to protect the security of your login information.
You agree that you will not:
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
- Use the Services in a way that damages the Services or prevents their use by other users;
- Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
- Use our Services for any harmful, illegal, or nefarious purpose;
- Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
- Post or share Prohibited Content (see below);
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation except as explicitly described within the purpose and scope of the Service;
- Use another user’s account;
- Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
- Violate the terms of the license granted to you by Gen:Thrive (see Section 6 below).
- Disclose private or proprietary information that you do not have the right to disclose;
- Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Gen:Thrive’s prior written consent;
- Express or imply that any statements you make are endorsed by Gen:Thrive;
- Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
- “Frame” or “mirror” any part of our Services without Gen:Thrive’s prior written authorization;
- Use meta tags or code or other devices containing any reference to Gen:Thrive or the platform (or any trademark, trade name, service mark, logo or slogan of Gen:Thrive) to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
- Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
- Use, access, or publish the Gen:Thrive application programming interface without our written consent;
- Probe, scan or test the vulnerability of our Services or any system or network; or
- Encourage, promote, or agree to engage in any activity that violates these Terms.
Gen:Thrive prohibits uploading or sharing content that:
- Is likely to be deemed offensive or to harass, upset, embarrass, alarm or annoy any other person;
- Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
- Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- Is defamatory, libelous, or untrue;
- Involves the transmission of “junk” mail or “spam”;
- Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Gen:Thrive or otherwise;
- Infringes upon any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- Was not written by you or was automatically generated, unless expressly authorized by Gen:Thrive;
- Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
- Is inconsistent with the intended use of the Services; or
- May harm the reputation of Gen:Thrive or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“Member Content”); and (iii) content that Gen:Thrive provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.
3a. Your Content
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any banking information, whether in relation to you or any other person or a third party’s personal information (phone, address, and the like). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share
Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
3b. User Content
While you will have access to User Content, it is not yours and you may not copy or use User Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to User Content, and you may only use User Content to the extent that your use is consistent with our Services’ purpose of allowing us to communicate with one another. You may not copy the User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse User Content.
3c. Our Content
Gen:Thrive owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
4. Inappropriate Content and Misconduct; Reporting
Gen:Thrive does not tolerate inappropriate content or behavior on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services.
6. Rights you are Granted By Gen:Thrive
Gen:Thrive grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Gen:Thrive grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Gen:Thrive and permitted by these Terms and applicable laws.
7. Rights you Grant Gen:Thrive
You own all of the content you provide to Gen:Thrive, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Gen:Thrive a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, and distribute Your Content, in whole or in part, and in any format or medium currently known or developed in the future. Gen:Thrive’s license to Your Content shall be non-exclusive, except that Gen:Thrive’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Gen:Thrive would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Gen:Thrive can prevent the use of Your Content outside of our Services, you authorize Gen:Thrive to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if Your Content is taken and used by third parties outside of our Services. Gen:Thrive is not obligated to take any action with regard to use of Your Content by other users or third parties. Gen:Thrive’s license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Gen:Thrive allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Gen:Thrive regarding our Services, you agree that Gen:Thrive may use and share such feedback for any purpose without compensating you.
You agree that Gen:Thrive may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Account Termination
9. No Criminal Background or Identity Verification Checks
Gen:Thrive does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.
YOU UNDERSTAND THAT Gen:Thrive DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. Gen:Thrive MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. Gen:Thrive RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORIZE Gen:Thrive TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY Gen:Thrive, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Gen:Thrive strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service.
Gen:Thrive’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
Gen:Thrive PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Gen:Thrive DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE. FURTHERMORE,
Gen:Thrive MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
Gen:Thrive TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES NOR DOES Gen:Thrive TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATION THROUGH Gen:Thrive. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Gen:Thrive IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
11. Digital Millennium Copyright Act (DMCA)
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
Gen:Thrive has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to support@Gen:Thrive.com, or via mail to the following address: Copyright Compliance Department c/o Gen:Thrive Group Legal, 8112 Furness Dr, Austin, TX 78753.
Gen:Thrive will terminate the accounts of repeat infringers.
12. Limitation of Liability
Gen:Thrive’s liability is limited to the maximum extent by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Gen:Thrive, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF Gen:Thrive HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Gen:Thrive’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Gen:Thrive FOR THE SERVICES WHILE YOU HAVE AN ACCOUNT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
13. Dispute Resolution
In the unlikely event that we have a legal dispute, here is what you need to know.
If you are dissatisfied with our Services for any reason, please contact Gen:Thrive Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against Gen:Thrive, these terms will apply.
13a. Arbitration, Class-action Waiver, and Jury Waiver
If you pursue a legal claim against Gen:Thrive, you agree to arbitration (with limited exceptions).
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using our Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Travis County, Texas. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
13b. Governing Law
Texas law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law).
Except where our arbitration agreement is prohibited by law, the laws of Texas, U.S.A., excluding Texas’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Any claims that are not submitted to arbitration for any reason must be litigated in Travis County, Texas (except for claims brought in small claims court, or where prohibited by law).
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Travis County, Texas, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Gen:Thrive that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of Travis County, Texas, U.S.A. You and Gen:Thrive consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
14. Indemnity by You
You agree to indemnify Gen:Thrive if a claim is made against Gen:Thrive due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Gen:Thrive, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
15. Acceptance of Terms
By using our Services, you accept the Terms of this Agreement.
The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
16. Entire Agreement
This Agreement supersedes any previous agreements or representations.
17. Special State Terms
Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin
For subscribers residing in New York:
- The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like;
- Upon notice in writing and delivered to Gen:Thrive Group Legal, 8112 Furness Dr, Austin, TX 78753, USA, subscribers may place their subscription on hold for up to one year;
For subscribers residing in North Carolina:
- You may review the North Carolina Buyer’s Rights here.
For subscribers residing in Illinois, New York, North Carolina, and Ohio :
- Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Gen:Thrive Group Legal, 8112 Furness Dr, Austin, TX 78753, USA, and we will work with you to provide alternative services or a refund.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
- Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described above in Section 8.
18. Code of Ethics
All users on the Gen:Thrive platform, agree to the following code of ethics upon registration:
- Serve clients with objectivity, integrity, independence, competence, and professionalism regardless of:
- Sexual orientation
- Physical appearance
- Parental or marital status
- Gender identity or expression
- Mental or physical disability/illness
- Socioeconomic status or background
- Render services to clients as advertised
- Make accurate and factual public statements
- Avoid exaggerated claims in promotion or advertising
- Ensure that, prior to accepting any engagement, the client and I have a shared understanding of the scope, objectives, work plan, and payment arrangements
- Only charge fees commensurate with the services delivered and the level of responsibility accepted
- Respond in a timely way to requests for consultation
- Disclose any relationship which might constitute, or create the appearance of, a conflict of interest
- Work constructively and collaboratively through any conflicts encountered within client relationships
- Only accept assignments that I have the experience and competence to perform
- Serve the long-term interest of my clients, even when the engagement has a short-term focus
- Carefully avoid taking advantage of proprietary or privileged information, either for use by myself, the client’s firm, or another client, without the client’s permission
- Treat with care all confidential client information that is not public knowledge and take reasonable steps to prevent it from access by unauthorized people
- Disclose to the client, in advance, any commissions, fees, or the like which I may receive for equipment, supplies, or services I recommend to them
- Steer clear of personal, sexual, or other inappropriate relationships with the client’s staff, board, or volunteers while I am actively serving with them
- Refrain from inviting any employee of an active or recent client to consider alternative employment without prior discussion with the client
- If within the scope of my engagement I discover any malfeasance, illegal activities, dangerous or discriminatory behavior, I will report to appropriate authorities (within or external to the client organization)
Report violations of this Code of Ethics to the operators of Gen:Thrive by contacting us.