Terms of Service
Last updated: September 1, 2024
These Terms of Service ("Terms") govern your access to and use of the products, services—including coaching, consulting, and software—and the Tech To Thrive website platform (collectively, the "Services") provided by Tech To Thrive LLC and its affiliates or third parties (collectively, "Tech To Thrive"). Please read these Terms carefully. By accessing, using, creating an account, or registering for the Services, you ("You," "Your," or "User") agree to be legally bound by these Terms of Service.
1. Acceptance of Terms of Service
By accessing or using any of our Services, You agree to these Terms of Service, as well as our Privacy Policy, and any additional terms and conditions that may apply to specific Services ("Additional Terms"). If there is a conflict between these Terms of Service and any Additional Terms, the Additional Terms will govern with respect to the specific Service. These Terms of Service, along with any other documents referenced, form the complete and binding agreement between You and Tech To Thrive. By continuing to use our Services, You confirm Your acceptance of these Terms of Service. If You do not agree to these Terms, do not use or access the Services.
2. Services Overview
Coaching Services: Our coaching services are designed to help individuals and organizations achieve their goals. Details regarding scheduling, cancellation, and fees are provided at the time of booking and may be further outlined in a separate agreement.
Consulting Services: Tech To Thrive provides business consulting services tailored to Your needs. Specific terms, deliverables, and payment schedules are detailed in a separate agreement or Statement of Work (SOW).
Website Platform: Tech To Thrive offers a digital platform where users can access resources, tools, and content. Your use of the platform is subject to these Terms of Service and any additional policies posted on the website. Please note that certain features of the Services may require the use of third-party services, which may be governed by their own terms and conditions
Please note that some services may not yet be available but will be rolled out as the platform grows. Check back regularly for updates.
3. No Medical Advise
The content and information we provide through our services, coaches, or consultants are not meant to be taken as therapy, medical advice, or professional medical opinions. There is no doctor-patient or therapist-patient relationship between You and Tech To Thrive or any of our coaches or consultants. We don’t offer medical services or give medical advice. Our services are not a replacement for professional medical advice or therapy, so please don’t use the information we provide to make medical decisions or to diagnose or treat any health conditions.
Tech To Thrive and our coaches and consultants don’t diagnose illnesses or conditions, and nothing we say should be taken as a diagnosis or proof that You don’t have a medical condition. Do not use information from our Services to delay or avoid getting medical advice. Always talk to a healthcare provider if You have any health concerns. If You need medical advice, services, or therapy, we strongly recommend that You consult a medical professional directly.
4. User Accounts
Account Creation: To access certain features of our Services, You may need to create an account. You must provide accurate, complete, and current information during the registration process.
Account Security: You are responsible for maintaining the confidentiality of Your account credentials and for any activity that occurs under Your account. Notify us immediately if You suspect unauthorized access.
5. Payment and Fees
Coaching and Consulting Services: Fees for these services are outlined in the respective Service Order or SOW. Payment terms, including due dates and accepted payment methods, are specified in those documents.
Website Platform: Some features or content on the platform may be offered on a subscription basis. Subscription fees, billing cycles, and cancellation policies are detailed on the subscription page. Payment processing for these subscriptions may be handled by third-party services, which are subject to their own terms and conditions.
Billing: You agree to pay all fees associated with Your account according to the billing terms in effect when a fee is due. Payments are due within ten (10) days of receiving an invoice.
Payment Methods: Payments must be made using credit cards or Automated Clearing House (ACH) transfers via our online payment system unless explicitly agreed otherwise in writing.
Subscription Terms: If You purchase a subscription, You will be billed in advance on a recurring basis (e.g., monthly or annually), depending on the plan You select. Subscriptions automatically renew unless canceled at least 30 days before the end of the current billing cycle.
Late Payments: Late payments incur a two percent (2%) monthly late charge. You will also reimburse Tech To Thrive for reasonable costs incurred in collecting late payments, including attorneys' fees. Tech To Thrive may suspend Services if payment is overdue for more than five (5) days following written notice.
Refunds: Fees are non-refundable, except as required by law or as specified in this Agreement.
Taxes: You are responsible for paying any applicable taxes related to Your purchase of Services.
6. Intellectual Property
All content, materials, and intellectual property provided through the Services, including but not limited to text, graphics, logos, images, software, and the design, selection, and arrangement thereof (collectively, "Content"), are the property of Tech To Thrive or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Even if not formally registered, these rights are asserted and reserved, and any unauthorized use of our Content may violate these laws.
Tech To Thrive™ and the Tech To Thrive logo are trademarks of Tech To Thrive. All rights reserved. Unauthorized use is strictly prohibited including but not limited to, copying, reproducing, modifying, or distributing the content without permission.
You are granted a limited, non-exclusive, non-transferable license to access and use the Services for Your personal or internal business purposes, subject to these Terms of Service. This license does not confer any ownership rights in the Content, and You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any part of the Content without prior written consent from Tech To Thrive.
As our business grows, we may obtain registered copyrights, trademarks, or other intellectual property protections. This clause will apply to those rights as well, ensuring continuous protection of our brand and Content. Unauthorized use of any of our intellectual property, whether registered or unregistered, including but not limited to trademarks, logos, and content, is strictly prohibited.
7. User Eligibility and Conduct
Individuals: You must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract.
Organizations: If You are using the Services on behalf of an organization, You must have the authority to agree to these Terms of Service on behalf of that organization.
User Conduct: You agree not to use the Services for unlawful purposes, infringe on the rights of others, or interfere with the operation of the Services. Unauthorized use is strictly prohibited and may result in legal action.
8. Third-Party Services
The Services may require the use of certain third-party products and services (“Third-Party Services”) that are identified on our website. Your use of any Third-Party Services is at Your own risk and is governed by separate terms and conditions, privacy policies, and other applicable policies of the third parties. These may also include separate fees and charges.
Tech To Thrive may display content from third parties through the Services or provide information about or links to Third-Party Services. Your interactions with these third parties, including any terms, conditions, warranties, or representations associated with such interactions, are solely between You and the third parties. Tech To Thrive is not responsible or liable for any loss or damage incurred as a result of these interactions or the presence of third-party information made available through the Services. If You are unable to access or use the Third-Party Services for any reason, this may affect Your ability to use the Services, and Your sole remedy will be to terminate these Terms of Service.
9. Links to Other Websites
When You use our Services, You may encounter links to third-party websites that are not owned or controlled by Tech To Thrive. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using our Services, You acknowledge and agree that Tech To Thrive is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any content, goods, or services available on or through any such third-party websites or services, including their collection of information about You. We encourage You to review the terms and conditions and privacy policies of any third-party websites You visit.
10. Disclaimers
General Disclaimer: The Services are provided "as is" without warranties of any kind. Tech To Thrive disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability: Tech To Thrive shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of or inability to use the Services.
11. Termination
Tech To Thrive reserves the right, at its sole discretion, to terminate or suspend Your access to the website and our services at any time, with or without notice, for any reason, including, but not limited to, a breach of these Terms of Service, violation of applicable laws, or any conduct that we deem harmful to our interests, other users, or the overall operation of the website.
In addition to the rights mentioned above, we may terminate your use of the Services at any time, without cause, upon providing reasonable notice. If You are dissatisfied with the Services, You may terminate these Terms immediately by discontinuing Your use of the Services. Termination is Your sole right and exclusive remedy in such circumstances. Please note that termination of these Terms does not relieve You of any obligation to pay any accrued charges, as communicated to You in writing.
12. Governing Law and Dispute Resolution
These Terms of Service are governed by, and any disputes related to them will be resolved under, the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms of Service will be brought exclusively in the courts located in San Mateo County, California, and both parties agree to submit to the jurisdiction of these courts.
In the event of a dispute, both parties agree to first attempt to resolve the issue through good faith negotiation. If the dispute cannot be resolved through negotiation, either party may elect to pursue resolution through binding arbitration in San Mateo County, California, conducted under the rules of the American Arbitration Association (AAA). Arbitration is intended to be a less formal and more efficient alternative to court proceedings. The decision of the arbitrator will be final, and judgment on the award may be entered in any court with proper jurisdiction.
However, either party may choose to bring an action in small claims court for disputes or claims within the jurisdictional limits of such court, as an alternative to arbitration.
Both parties waive the right to a jury trial and agree that any legal claims must be filed within one (1) year of the incident giving rise to the claim, or the claim will be barred. The prevailing party in any dispute will be entitled to recover reasonable attorneys’ fees and other related costs.
13. Limitation of Liability
In no event will Tech To Thrive or its coaches, consultants, or affiliates be liable to You for any incidental, special, indirect, consequential, exemplary, or punitive damages arising out of or related to these Terms of Service or the services, however caused, regardless of the theory of liability (including contract, warranty, tort (including negligence), product liability, strict liability, or other theory), even if Tech To Thrive has been advised of the possibility of such damages. This limitation applies to the fullest extent permitted by applicable law. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to You.
Further, in no event will Tech To Thrive or its coaches’, consultants’, or affiliates’ total liability arising out of or related to these terms exceed the greater of us$100 or the amount You paid to Tech To Thrive during the subscription period in which the damages arose.
14. Indemnification
You agree to defend, indemnify, and hold harmless Tech To Thrive, its affiliates, licensees, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
- Your breach of these Terms of Service, including but not limited to:
- Any use of the Services, Content, or software in a manner not expressly authorized by these Terms of Service;
- Any use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action that imposes an unreasonable burden on our systems;
- Your violation of any law or the rights of a third party;
- Any claim that Your use of the Services caused damage to a third party.
You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use. This indemnification obligation applies to the fullest extent permitted by law and is not limited to the examples provided. This indemnification obligation will survive the termination or expiration of these Terms and Your use of the Services.
15. Changes to Terms of Service
We reserve the right to modify these Terms of Service at any time by posting such changes to techtothrive.com/terms without notice to You. You acknowledge and agree that it is Your responsibility to review the Terms of Service periodically and to be aware of any modifications. Your continued use of the Services after changes will constitute Your acknowledgement of the modified Terms of Service, and Your agreement to abide and be bound by the modified Terms of Service.