TERMS OF SERVICE
As of August 30th, 2026
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WEBSITE DISCLAIMER
Effective Date: August 30, 2026
1. Educational and Informational Purposes Only
The content published on this website (ThriveScriptHQ.com) is provided for educational and informational purposes only. All content reflects the general knowledge, experience, and educational perspective of ThriveScript LLC, a non-clinical health strategy advisory practice. It is not intended to constitute, and should not be construed as, medical advice, clinical guidance, diagnosis, treatment, or any form of licensed healthcare service.
2. Non-Clinical Advisory Services
ThriveScript LLC provides non-clinical health strategy advisory services. Services are educational, advisory, and lifestyle-oriented and do not include diagnosis, treatment, prescribing, clinical assessment, or other medical services.
ThriveScript's founder, David Figueroa, PA-C, is a licensed Physician Assistant. That credential is disclosed for transparency. In providing the Services described by ThriveScript, he is not engaged to provide medical services or clinical care, and the PA-C credential does not, by itself, convert ThriveScript's advisory Services into medical care or create a provider-patient relationship.
The scope and limitations of ThriveScript's Services are further described in the written Informed Consent & Scope of Practice Disclosure and other applicable client agreements executed before Services begin.
3. Not a Substitute for Professional Medical Care
Nothing on this website is intended as a substitute for advice, diagnosis, or treatment provided by your physician, licensed healthcare provider, or other qualified clinical professional. Do not use information on this website to diagnose or treat any health condition or disease or to prescribe any medication or clinical intervention.
Consult an appropriate licensed healthcare provider before changing medications or supplements and before making material health-related changes where consultation is appropriate based on your individual health circumstances. If you have or suspect you have a medical problem, contact your healthcare provider promptly. Do not disregard professional medical advice or delay seeking it because of anything you have read on this website.
4. No Doctor-Patient or Provider-Patient Relationship
Your use of this website, and any information, content, or resources available through it, does not create a doctor-patient relationship, provider-patient relationship, or other clinical relationship between you and ThriveScript LLC or any individual affiliated with ThriveScript LLC.
An advisory relationship with ThriveScript is established only after ThriveScript accepts you as a client and you execute the applicable written services agreement and required disclosures.
5. Geographic Availability
ThriveScript may offer non-clinical advisory Services to adults located in jurisdictions where such Services may lawfully be provided. The Services are provided solely in a non-clinical health strategy advisory capacity and are not provided pursuant to, or under the authority of, any professional healthcare license held by ThriveScript’s founder or personnel.
Because laws governing health coaching, wellness, nutrition, telehealth, and related services may vary by jurisdiction, ThriveScript reserves the right to decline, limit, or discontinue Services where necessary to comply with applicable law.
Availability of general website content in a particular jurisdiction does not constitute an offer to provide Services there, and access to the Website does not mean that all Services are available or permitted in every jurisdiction.
6. Dietary Supplement Disclaimer
Any information on this website regarding dietary supplements is provided for general educational purposes only. Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration, and such information is not intended to diagnose, treat, cure, or prevent any disease.
Discuss supplement use with an appropriate licensed healthcare provider before initiating or materially modifying a supplement regimen, particularly if you take medications or have an existing medical condition.
7. Privacy and Data Handling
ThriveScript LLC takes reasonable measures to protect the privacy and security of information collected through this website and maintains safeguards as required by applicable law, including applicable requirements of the New York SHIELD Act, N.Y. General Business Law §§ 899-aa and 899-bb.
For additional information regarding how ThriveScript collects, uses, discloses, and protects personal information, please review the Privacy Policy available at ThriveScriptHQ.com/privacy-policy.
8. No Warranties; Limitation of Liability
The information on this website is provided on an "as is" and "as available" basis without warranties of any kind, express or implied. ThriveScript LLC makes no representation or warranty regarding the accuracy, completeness, timeliness, or suitability of website content for any particular individual or purpose.
To the fullest extent permitted by applicable law, ThriveScript LLC will not be liable for losses or damages arising solely from reliance on general informational content available on this website, except to the extent liability cannot lawfully be excluded or limited. This provision applies to website content only and does not supersede the terms governing paid or contracted Services.
9. Updates to This Disclaimer
ThriveScript LLC may update this Disclaimer periodically. The Effective Date above identifies the date of the most recent revision.
10. Contact
For questions regarding this Disclaimer or ThriveScript's advisory Services, please contact us at Clarity@thrivescripthq.com.
ThriveScript LLC | 418 Broadway, Ste N, Albany, NY 12207 | ThriveScriptHQ.com | Telehealth services available to NY and NJ residents only.
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Website Privacy Policy — ThriveScript LLC
Last Updated: August 30, 2026
ThriveScript LLC (“ThriveScript,” “we,” “us,” or “our”) respects your privacy. This Website Privacy Policy explains how we collect, use, disclose, retain, and protect information when you visit ThriveScriptHQ.com (the “Website”), communicate with us, or use our non-clinical health strategy advisory services (the “Services”).
1. Scope of This Policy
This Policy applies to information collected through the Website and in connection with our Services, except where a separate privacy notice, platform policy, or agreement specifically governs particular information or activity. ThriveScript provides non-clinical health strategy advisory services. We do not diagnose, treat, prescribe, interpret medical testing for clinical purposes, provide emergency care, psychotherapy, or other licensed clinical services, and use of the Website does not create a doctor-patient or other licensed provider-patient relationship.
Our advisory Services may be offered to adults located in jurisdictions where ThriveScript and the Health Strategist are legally permitted to provide such Services. The Services are non-clinical and are not provided pursuant to, or under the authority of, any professional healthcare license held by the Health Strategist. Because laws governing health coaching, wellness, nutrition, and related services may vary by jurisdiction, ThriveScript reserves the right to decline, limit, or discontinue Services where necessary to comply with applicable law. Access to the Website does not mean that Services are offered or permitted in every jurisdiction.
2. Important Notice Regarding HIPAA
The Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”) apply to covered entities and certain business associates as defined by federal law. ThriveScript offers the Services as a non-clinical advisory practice and does not provide the Services as a health care provider engaged to furnish clinical care. Based on the nature of the Services and ThriveScript’s current operations, information provided directly to ThriveScript in connection with the Services is generally not treated by ThriveScript as protected health information governed by HIPAA solely because it may relate to health or wellness.
The professional credentials of ThriveScript’s founder, including the PA-C credential, are disclosed for transparency only. Those credentials do not expand the scope of the Services, create a clinical care relationship, or mean that ThriveScript is acting as a medical provider when providing the Services.
If ThriveScript receives information in a context in which HIPAA or another privacy law applies to ThriveScript, we will handle that information as required by applicable law. Regardless of whether HIPAA applies, we use reasonable administrative, technical, and physical safeguards designed to protect personal information.
3. Information We Collect
We may collect information that you provide directly to us, including:
name, email address, telephone number, mailing address, and other contact information;
account, scheduling, and communication information;
payment and transaction information, generally processed by third-party payment providers;
health, wellness, lifestyle, goal, or other information you choose to provide in connection with the Services; and
other information you voluntarily submit through forms, emails, messages, or other communications with us.
We may also automatically collect certain technical and usage information when you use the Website, such as IP address, browser type, device type, operating system, referring pages, pages visited, date and time of access, and information collected through cookies or similar technologies.
4. Cookies and Similar Technologies
We may use cookies and similar technologies to operate the Website, remember preferences, understand Website usage, improve functionality, and support analytics. Your browser may allow you to block or delete cookies. Some Website features may not function properly if cookies are disabled.
5. How We Use Information
We may use information we collect to:
provide, administer, and improve the Website and Services;
create and manage accounts and appointments;
communicate with you about the Services, scheduling, transactions, support, updates, or information you request;
process payments and maintain business and transaction records;
personalize and improve your experience;
maintain security, prevent misuse or fraud, and troubleshoot technical issues;
comply with applicable law, legal process, and professional or contractual obligations; and
conduct internal analytics and business planning, including through aggregated or de-identified information where appropriate.
6. Service Providers and Other Disclosures
We use third-party service providers to support business functions such as website hosting, scheduling, secure communications, video sessions, payment processing, email delivery, analytics, data storage, and practice administration. These providers may receive or process personal information only as reasonably necessary to perform services for us, subject to their agreements with us and their own legal obligations. Our current service providers may include Healthie and other technology, hosting, payment, or communications providers used in connection with the Services.
We may also disclose information: (a) with your authorization or at your direction; (b) as required or permitted by law, subpoena, court order, or other legal process; (c) when reasonably necessary to protect the rights, property, security, or safety of ThriveScript, our clients, or others; (d) in connection with a merger, acquisition, financing, reorganization, sale of assets, or similar business transaction, subject to appropriate protections; or (e) in aggregated or de-identified form that does not reasonably identify you.
We do not sell personal information for monetary consideration. We do not disclose personal information to third parties for their own independent direct marketing purposes without authorization.
7. Third-Party Platforms and Links
The Website or Services may link to or operate through third-party websites, applications, or platforms. Those third parties may maintain their own privacy policies and security practices. We encourage you to review the privacy terms applicable to any third-party service you use. ThriveScript is not responsible for the independent privacy practices of third parties, although we use reasonable care in selecting providers that handle information on our behalf.
8. Data Security
We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, alteration, disclosure, or destruction. These measures may include access controls, password protection, encrypted or secure web-based systems, and limiting access to information to persons who reasonably need it to perform their functions.
No method of transmission or storage is completely secure, and we cannot guarantee absolute security. You should use reasonable care when transmitting sensitive information electronically and protect passwords and account credentials from unauthorized access.
9. New York SHIELD Act
ThriveScript maintains reasonable safeguards designed to comply with applicable provisions of the New York Stop Hacks and Improve Electronic Data Security Act (SHIELD Act), including New York General Business Law § 899-bb. If a security incident triggers a legal obligation to provide notice under New York General Business Law § 899-aa or another applicable breach-notification law, ThriveScript will provide notice as required by law.
10. Data Retention
We retain personal information for as long as reasonably necessary for the purposes described in this Policy, including to provide the Services, maintain appropriate business and transaction records, comply with legal or contractual obligations, resolve disputes, and enforce agreements. Retention periods may vary depending on the type of information and the reason it was collected. When information is no longer reasonably required, we may delete, destroy, or de-identify it in accordance with our practices and applicable law.
11. Your Choices and Privacy Requests
Depending on where you reside and the law that applies, you may have rights regarding your personal information. These rights may include requesting access to, correction of, or deletion of certain information, or withdrawing consent where processing is based on consent. These rights are subject to applicable exceptions and verification requirements.
You may also opt out of marketing emails by using the unsubscribe link in the message. We may continue to send non-marketing communications relating to appointments, transactions, account administration, or other Services you request.
To submit a privacy request, contact us using the information in Section 16. We may request information reasonably necessary to verify your identity and the request. Please do not send a copy of a driver’s license, passport, or other sensitive identity document unless we specifically request it and provide an appropriate method for transmission.
12. Minors
The Website and Services are not directed to individuals under 18, and ThriveScript does not knowingly offer the Services to minors or intentionally collect personal information from minors through the Services. If we learn that personal information from a minor was collected in a manner inconsistent with this Policy, we may take reasonable steps to delete it.
13. California Residents
California residents may have rights under California privacy laws depending on the nature of the information collected and whether a particular law applies to ThriveScript. California Civil Code § 1798.83 (“Shine the Light”) may permit certain California residents to request information regarding disclosures of personal information to third parties for their own direct marketing purposes. ThriveScript does not disclose personal information to third parties for their own independent direct marketing purposes without authorization. California residents may contact us with applicable privacy requests using the information in Section 16.
14. Users Outside the United States
The Website and Services are operated from the United States. If you access the Website from outside the United States, information you provide may be transferred to and processed in the United States, where privacy laws may differ from those in your jurisdiction. You are responsible for using the Website only where lawful. ThriveScript does not represent that the Website or Services are appropriate or available for use in every jurisdiction.
15. Changes to This Policy
We may update this Policy from time to time. When we do, we will post the revised Policy on the Website and update the “Last Updated” date above. Any changes will apply prospectively from the effective date of the updated Policy unless otherwise stated or required by law.
16. Contact Us
If you have questions about this Policy, our privacy practices, or a privacy request, please contact:
ThriveScript LLC
418 Broadway, Ste N
Albany, NY 12207
Clarity@thrivescripthq.com17. Related Terms
Use of the Website is also subject to ThriveScript’s Website Terms and Conditions, available at ThriveScriptHQ.com/terms. If a separate signed agreement or privacy notice governs a particular Service or category of information, that document will control to the extent of any conflict concerning its specific subject matter.
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Website Terms and Conditions
ThriveScript LLC
ThriveScript LLC’s website, ThriveScriptHQ.com and any mobile application or platform connected or associated with the website, and any information stored within as well as any products and services offered through any of the above (collectively, “website”), are owned and operated by ThriveScript LLC, a New York limited liability company (the “Company,” “We,” “Us,” or “Our”). Our website provides non-clinical health strategy advisory information and access to scheduling and related resources for ThriveScript’s Services to a user of the website (“You,” “Your,” or “Customer”). Your access to Our website is subject to Your acceptance and agreement to all the terms and conditions below. Please read this Terms and Conditions Agreement (“Agreement”) carefully before accessing or using Our website. By accessing or using Our website, You agree to be bound by the terms and conditions below, which are intended to be fully effective and binding upon Us, You, and all Customers as a legal agreement. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically for such modifications. By accessing or using Our website, You accept the current and effective Agreement, at the time You access or use Our website. If You do not agree to be bound by the terms and conditions, do not use Our website or any material or service provided by Us.
Acceptance
This Agreement between You and Us states the terms and conditions under which You may access and use Our website and all written and other information and materials displayed, linked to, or otherwise made available through Our website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to Us via Our website (collectively, the “website content”). Your access to and continued use of Our website constitutes Your agreement to be bound by this Agreement. If You do not accept these terms and conditions, You cannot access Our website.
When You visit Our website, send phone messages, or email Us You are communicating with Us electronically. As such, You consent to receive communications from Us electronically. We may communicate with You by telephone, email, or by posting notices on Our website or social media platforms. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically (including by posting on Our website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date We transmit any such electronic communication as described in this Agreement.
In addition, to use the website content, You agree to comply with this Agreement and Our Privacy Policy.
Customer Privacy
We understand the importance of maintaining the privacy of Your personal information. Please review Our Privacy Policy carefully. This describes how Your personal information may be used and disclosed.
Customer Account
You are not obligated to register with Us to access and use Our website. However, certain services of Our website are available only to registered users or other persons affiliated with Us, who have been granted accounts (“Customer Accounts”) with usernames and passwords. You represent and warrant that all required registration information You submit regarding Your Customer Account is truthful and accurate, and that You will maintain the accuracy of such information (including email). You may delete Your Customer Account at any time, for any reason, by following the instructions on Our website. We may suspend or terminate Your Customer Account in accordance with this Agreement. You are responsible for maintaining the confidentiality of Your Customer Account login information and are fully responsible for all activities that occur under Your Customer Account. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Customer Account or any other breach of security. We are not liable for any loss or damage arising from Your failure to comply with the above requirements regarding Your Customer Account. We may, in Our sole discretion, refuse to accept Your registration to Our website, due to noncompliance with any Customer eligibility requirement.
Your Use of Website and Website Content
You agree that Your access and use of Our website and website content will not contravene Our policies, guidelines, rules, this Agreement, will not contain libelous or otherwise unlawful, threatening, abusive or obscene material, contain any computer virus or other malware that could in any way affect the operation of Our website, or attempt to gain unauthorized access to any user, Customer Accounts, computer systems, or networks. You may not use a false email address, pretend to be someone else, engage in unauthorized use of a credit card, or otherwise mislead Us or any third-party. You also agree that Your access and use of Our website and website content will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You are solely responsible for Your access and use of Our website and website content. We are not responsible and assume no liability for Your access and use of Our website and website content.
Your Materials and Contributions
If You submit comments, photographs, videos, testimonials, or other materials to ThriveScript through Our website or related platforms, ThriveScript will not publicly use or publish materials that identify You in connection with the Services without Your separate permission or authorization, where required by applicable law. You represent that You have the right to provide any materials You submit and that their submission does not violate the rights of any third party.
Disclaimer
Nature of Content: The website content is educational and informational in nature and is provided only as general information and is not medical, therapeutic, psychological, or other professional advice, opinion, diagnosis, treatment, or a guarantee. Our website is not intended to create and does not constitute a doctor-patient, physician assistant-patient, or other clinical provider-patient relationship between You and ThriveScript. Any professional credentials identified on the Website are provided as part of the individual’s professional background. In providing ThriveScript Services, David Figueroa acts solely in his capacity as a non-clinical Health Strategist and not as a physician assistant or other treating healthcare provider. The information provided through Our website should not be used to diagnose or treat a health problem or disease. ThriveScript may offer non-clinical advisory Services to adults located in jurisdictions where such Services may lawfully be provided. Services are not provided pursuant to, or under the authority of, any professional healthcare license held by ThriveScript’s founder or personnel. ThriveScript reserves the right to decline, limit, or discontinue Services where necessary to comply with applicable law. Access to the Website does not mean that Services are offered or permitted in every jurisdiction.
Company Is Not a Medical Provider and Does Not Provide Medical Advice: Any and all content stated or posted on Our website or available through any service or product is not intended to be, and must not be taken to be, the practice of medicine, therapy, or psychology or the provision of medical, therapeutic, or psychological/mental health care or any other professional healthcare. The information provided on Our website is not a substitute for medical diagnosis, advice, opinion, interpretation, or treatment, or other professional healthcare. If You have or suspect You may require medical assistance, You should consult Your medical doctor, therapist, psychologist, or appropriate healthcare provider. Never disregard or delay medical advice received from Your licensed healthcare provider based on information on Our website. Always consult an appropriately licensed healthcare professional, such as Your physician, psychologist, therapist, or registered dietitian, before seeking any new treatment or before You alter, suspend, or initiate any change in Your medical or psychological treatment, medication, supplement, routine, or procedure.
Testimonials and Endorsements: We post testimonials for informational purposes only. Any information that could be regarded as a testimonial or endorsement on Our website does not constitute a guarantee, warranty, or prediction by Us regarding the outcome of any past, ongoing, or future conversation or interaction with You. Any previous results referenced on Our website are illustrative of concepts only and should not be considered promises for actual or future performance. Statements and testimonials have not been evaluated by the Food and Drug Administration. Our website and services are not intended to diagnose, treat, cure, or prevent any disease, or guarantee any results.
No Guarantee or Warranty: We do not make any express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) regarding Our website, any merchandise, information, website content, or service provided through Our website. Except as otherwise expressly specified, We do not warrant the accuracy, completeness or correctness, timeliness, or usefulness of any website content, services, merchandise, or information provided through Our website or on the internet, generally.
Limitation of Liability
In no event will We be liable to You or anyone else for any decision made or action taken by You or anyone else in reliance upon the information provided through Our website or Your use and access to Our website and website contents or through links to any third-party.
Your sole and exclusive remedy for dissatisfaction of Our website is to stop using Our website.
Reliance on Website Content; Indemnification
You acknowledge that Website Content is provided for general educational and informational purposes only. You are responsible for decisions You make based on Website Content and should obtain appropriate professional advice before acting on information that may affect Your health or medical care. To the fullest extent permitted by applicable law, ThriveScript will not be liable for losses arising solely from reliance on general Website Content.
To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless ThriveScript and its officers, employees, contractors, and agents from third-party claims, liabilities, losses, damages, costs, and reasonable attorneys’ fees arising from Your unlawful use of the Website, Your violation of this Agreement, or Your infringement of the rights of another person or entity.
Intellectual Property
Copyright: Except as otherwise expressly stated, all website content is Our copyrighted work or Our third-party content supplier’s and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all website content is also Our exclusive property and is protected by U.S. and international copyright laws.
You may download information from Our website and print out a hard copy for Your personal use provided that You keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated, You may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information or website content, in whole or in part, including any text, images, audio, and video in any manner, without Our prior written authorization or any applicable third-party supplier. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Any unauthorized use terminates the permission or license granted to You by Us to use Our website.
We do not warrant or represent that Your use of website content or any other materials displayed on Our website will not infringe rights of any third-party. Your use of any of the website content beyond the scope of personal use may require a license from the owner of the rights to the data. We are not responsible for any claims of ownership rights to any images or data against You.
Trademarks and Service Marks: You agree that You will not use any such trademarks, service marks, trade dress, or other logos from Our website without Our prior written authorization.
Third-Party Content
No Statement as to Accuracy: We have no editorial control or responsibility over the content included in Our website provided by a third-party. Therefore, any opinions, statements, products, services, or other information expressed or made available by a third-party or Customers on Our website are those of such third-party or Customers, respectively. We do not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any other Customer or third-party.
Links to Third-Party Websites: Our website may contain hyperlinks to other sites owned and operated by a third-party. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible or liable for their content or accuracy and do not endorse these websites unless We specifically state. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third-party websites or for any action You may take, or damages caused or alleged, because of linking to any such website. Your reliance on such information is solely at Your own risk. We are not responsible for the privacy practices of any other websites. We reserve the right to terminate a link with any website that We deem is inappropriate or inconsistent with Our website or this Agreement.
Termination
Right to Termination: We reserve the right to take appropriate lawful action in response to actual or suspected violations of Your use of Our website and website content or this Agreement, including, without limitation, the suspension and termination of Your access and/or Customer Account, which may involve deletion of any content You have uploaded in connection with Your Customer Account. We will not have any liability whatsoever to You for any termination of Your rights under this Agreement, including for termination of Your Customer Account or deletion of any content You uploaded to Our website.
We may cooperate with legal authorities and/or any third-party in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Our Privacy Policy, We reserve the right to disclose information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our sole discretion. Further, We reserve the right to, without notice, for any or no reason, refuse service or access to Our website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access or Customer Accounts. You agree that We will not be liable to You or to any third-party for any modification, suspension, or discontinuation of Our website or any part or service thereof.
Right to Monitor: We have the right, but not the obligation, to monitor general use of Our website or exercise editorial control over the content of any third-party’s website, e-mail transmission, or other material created or accessible over or through Our website.
Miscellaneous Terms
Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, communications, and writings, whether written or oral, between the Parties. The terms and conditions of this Agreement may only be amended by mutual written agreement of the Parties. No other modification, amendment or addition to this Agreement will be valid or enforceable unless in writing and signed by the Parties.
Headings: The headings in this Agreement are for convenience of reference only, and under no circumstance should they be construed as being a substantive part of this Agreement nor shall they limit or otherwise affect the meaning thereof.
Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions and paragraphs shall continue in full force and effect and shall be binding on the Parties.
No Assignment: You shall not assign any rights, or delegate or subcontract any obligations, under this Agreement without Our prior written consent. Any assignment in violation of the above shall be deemed null and void. We may freely assign Our rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the Parties and their respective successors and assigns.
No Waiver: The waiver by either You or Us of a breach or violation of any provision in this Agreement shall not operate or be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights, or privileges. Failure to insist upon full performance of the obligations or failure to exercise rights under this Agreement shall not constitute a waiver as to future defaults or exercise of rights.
Governing Law: This Agreement shall be governed, construed, and enforced in accordance with the substantive laws of the State of New York, without regard to its choice of law provisions.
Dispute Resolution; Arbitration: Before initiating arbitration or litigation concerning a dispute arising out of or relating to this Agreement or the Website, the complaining Party will provide written notice describing the dispute and requested relief, and the Parties will attempt in good faith to resolve the dispute for thirty (30) days after receipt of notice. If the dispute is not resolved informally, the Parties will attempt in good faith to mediate the dispute with a mutually agreed neutral mediator before commencing arbitration, unless the Parties agree in writing to proceed directly to arbitration or mediation would be impracticable. Except for claims that cannot lawfully be required to arbitration, any dispute, claim, or controversy arising out of or relating to this Agreement or the Website will be resolved by binding arbitration on an individual basis before one neutral arbitrator in New York County, New York, under the consumer arbitration rules of a nationally recognized arbitration administrator mutually agreed by the Parties or, if they cannot agree, selected by a court of competent jurisdiction. The arbitrator may award any remedy available under applicable law and consistent with this Agreement. Judgment on the award may be entered in any court having jurisdiction. Either Party may seek temporary or provisional relief from a court when necessary to preserve rights pending arbitration. To the fullest extent permitted by law, each Party waives the right to a jury trial for claims subject to arbitration, and claims will be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, private-attorney-general, or representative proceeding.
Survival: Notwithstanding any provision in this Agreement to the contrary, the following provisions shall survive termination or expiration of the Agreement: Disclaimer; Limitation of Liability; Reliance on Website Content; Indemnification; Intellectual Property; Third-Party Content; and Miscellaneous Terms.
Contact Us: If You have any questions or concerns about this Agreement, please email Us at Clarity@ThriveScriptHQ.com. We will attempt to respond to Your questions or concerns promptly.