Last modified: June 11, 2020
© COPYRIGHT THRIVEPASS Online ALL RIGHTS RESERVED.
SITE USERS. Two types of users may access the Site and use the Services – "Visitors" and "Registered Users."
Registered Users: To become a registered user of the Site (“Registered User”) and to access the
areas of the Site and the Registered User Services (as defined in Section 2.A below), You must read,
agree with, and
Policy. You may
become a Registered User of the Site, by accessing the unique link provided to you upon initiation,
for the Site.
Without limiting the foregoing, the password-restricted areas of the Site and the Registered User
Services are not
available to temporarily or indefinitely suspended Registered Users or to persons under 18 years of
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify THRIVEPASS of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. THRIVEPASS will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
Content. The Site contains a wide variety of Content (defined below), whether (1) proprietary to THRIVEPASS, or (2) proprietary to third parties, or Content proprietary to our commercial partners. “Content” includes, but is not limited to text, software, scripts, data, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that you may view or access through the Site, and Registered User Content. Under no circumstances will THRIVEPASS be liable in any way for any Content, including any errors or omissions in any Content or any Content that is libelous or defamatory, or any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content.
Services. Through the Site, we offer (1) to Visitors and to Registered Users free of cost access to our description of the service and (2) to Registered Users only, access to an online system that allows users to purchase wellness products and other employee benefit administration products, both one-time and recurring.
The Content and the trademarks, services marks and logos on the Site are owned by or licensed to THRIVEPASS, subject to copyright and other intellectual property rights under the law.
Content is provided to You AS IS. You may access Content for your information and use solely as intended through the provided functionality of the Site and as permitted under this Agreement. You shall not use Content in any manner that infringes our or any third party's intellectual property rights, or other proprietary right or rights of publicity in or to the Content. All rights not expressly granted herein by THRIVEPASS and/or its licensors to you are reserved by THRIVEPASS and/or its licensors.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site or contained in a file that is uploaded to the Site.
All material on the Site, including, but not limited to, Content, all informational text, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by THRIVEPASS or other parties that have licensed their material to THRIVEPASS, and are protected by copyright, trademark, and other intellectual property laws. All THRIVEPASS trademarks and service marks, logos, slogans and taglines are the property of THRIVEPASS. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as specifically permitted, nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of THRIVEPASS, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
Except as otherwise specifically permitted herein, the Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of THRIVEPASS or such third-party that owns the Materials. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than as specifically permitted herein or in the applicable Registered User agreement without the prior consent of THRIVEPASS or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
You understand and agree that you are responsible for all charges relating to your use of THRIVEPASS Registered User Services that are not covered by your employer. You will be informed of the fees to be charged when you select a wellness product. Fees may vary from provider to provider. Providers and vendors of wellness products may increase their prices or pass through additional costs and you will be responsible for such costs and fees. You should monitor your account regularly to review and confirm any price increase or additional charges or fees. You will be responsible for all charges or fees related to any wellness product you select that are not covered by your employer. In the event you dispute any fee or charge, you must dispute such charge directly with the provider. You are free to cancel the services of any provider of wellness products through the THRIVEPASS site. You authorize THRIVEPASS to charge your credit card for any fees or charges that are not covered by your employer. You will be asked to supply credit card information, which will be verified prior to your selection of any wellness products. You will not be able to use the THRIVEPASS Registered User Services to purchase wellness products if the credit card information you provide is inaccurate or if your credit card is declined. By selecting and utilizing wellness products, you authorize us to charge your credit card for any charges that are not covered by your employer. In order to facilitate payment for your wellness products, we will share your credit card information and related personal information with the designated credit card payment processor. This information is shared solely for the purpose of collecting the fees.
You agree to update or renew a credit card that is expired or rejected. THRIVEPASS reserves the right to cancel any wellness products and set off future employer contributions you receive from your employer to cover unpaid fees if you do not provide a valid credit card within a reasonable amount of time. THRIVEPASS may provide you with a “virtual” credit card which may be used solely for payment for wellness products selected on the THRIVEPASS site. In the event of your misuse of any virtual credit card, THRIVEPASS reserves the right to report such misuse to your employer and to terminate your further use of any virtual credit card. In the event you incur any overcharges or additional fees from a provider of wellness products, such as charges or fees caused by additional services consumed by you or penalties for missed classes, you hereby authorize THRIVEPASS to deduct these overcharges or additional fees directly from any balance remaining in your THRIVEPASS account, to set off such overcharges or fees from future employer contributions or to charge your personal credit card.
In the event that you terminate any wellness products purchased through the THRIVEPASS site or are credited for any other charges and a provider reimburses you for any such charges, THRIVEPASS shall credit the balance of your THRIVEPASS account for any such reimbursement received from such provider. In the event that a reimbursement received by THRIVEPASS is linked directly to a charge to your personal credit card and you provide a written request to have such charge credited to your credit card, THRIVEPASS will credit such direct reimbursement to your credit card. You hereby agree and acknowledge that THRIVEPASS will not credit to your credit card any reimbursements or credits linked to your employer contributions and any such credits or reimbursements may only be utilized through the purchase of wellness products through the THRIVEPASS site. THRIVEPASS shall have no responsibility for, and shall not provide any reimbursements or credits for, any purchases made, or transactions concluded, outside of the THRIVEPASS site.
If you separate employment from your employer for any reason, you hereby agree and consent to THRIVEPASS charging all fees or other charges for wellness products to your credit card.
You agree and understand that the terms of this Agreement, the Site, and/or the Services may be modified by us at any time in our sole discretion without prior notice, and such modifications will be effective immediately upon our posting of the new terms and/or upon implementation of the new changes to the Site and/or Services. You acknowledge that THRIVEPASS reserves the right to discontinue the Services, or any features, functionality or services provided as part of or in connection with the Site and/or the Services, and to remove Content that violates the requirements set forth in this Agreement, without prior notice. While the non-password restricted portions of the Site are currently free of charge, you acknowledge that THRIVEPASS reserves the right to charge for aspects or additions to the Site and/or Services in the future.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to THRIVEPASS (“Comments”) are not confidential and you hereby grant to THRIVEPASS a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
THRIVEPASS respects the intellectual property of others and expects users of our services to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you must provide the following information when providing notice of the claimed infringement to THRIVEPASS:
A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;
Information reasonably sufficient to permit THRIVEPASS to contact you, such as an address, telephone number and/or electronic mail address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above information must be submitted as a written notification to THRIVEPASS by writing us at email@example.com, ATTENTION: LEGAL DEPARTMENT/DMCA COMPLAINT. This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
This Site contains links to other web sites owned by third parties, which may lead to some sites maintained by our advertisers. Please note that when you click on any of these links, you are entering another web site for which THRIVEPASS has no responsibility or control. You agree that THRIVEPASS shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
MEDICAL DISCLAIMER. THRIVEPASS IS NOT A MEDICAL REFERRAL SERVICE AND DOES NOT RECOMMEND OR ENDORSE ANY PARTICULAR MEDICAL OR WELLNESS TREATMENT OF ANY KIND OR ANY PRACTITIONER. THRIVEPASS DOES NOT OFFER ADVICE REGARDING THE SUITABILITY OR APPROPRIATENESS OF ANY MEDICAL OR WELLNESS TREATMENT FOR ANY MEDICAL CONDITION. NEITHER THE SITE, THE SERVICES, NOR ANY OF THE INFORMATION CONTAINED HEREIN IS INTENDED TO BE, NOR SHOULD IT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL HEALTH OR MEDICAL ADVICE. THRIVEPASS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM (A) YOUR USE OF OR RELIANCE ON THE SITE, THE SERVICES, OR THE INFORMATION CONTAINED HEREIN AS A HEALTH REFERENCE SOURCE, (B) ANY ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY THIRD PARTY PROVIDER, PARTNER OR AFFILIATE FEATURED ON THIS WEB SITE, OR (C) ANY CLAIMS THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM YOUR USE THEREOF. SHOULD YOU HAVE ANY MEDICAL OR HEALTH CARE RELATED QUESTIONS, OR IF YOU HAVE ANY REASON TO SUSPECT THAT YOU HAVE ANY CONDITION THAT MIGHT REQURIE MEDICAL ATTENTION, THRIVEPASS ADVISES YOU TO SEEK APPROPRIATE MEDICAL ATTENTION AND CARE PROMPTLY. ALWAYS CONSULT WITH YOUR PHYSICIAN OR QUALIFIED HEALTH CARE PROFESSIONAL BEFORE EMBARKING ON ANY NEW TREATMENT, DIET, FITNESS OR WELLNESS PROGRAM.
INFORMATION YOU PROVIDE IS NOT PROTECTED UNDER CONFIDENTIALITY LAWS THAT PROTECT PHYSICIAN-PATIENT COMMUNICATIONS, SO PLEASE CAREFULLY SELECT WHAT YOU CHOOSE TO DISCLOSE. WE ARE COMMITTED TO PROTECTING THE PERSONAL INFORMATION WE RECEIVE FROM YOU AND USE REASONABLE SECURITY MEASURES TO MAINTAIN THE SECURITY OF SUCH INFORMATION, HOWEVER, WE CANNOT FULLY ELIMINATE SECURITY RISKS ASSOCIATED WITH THE TRANSMISSION OF PERSONAL INFORMATION THROUGH ONLINE TRANSACTIONS, AND YOU DO SO AT YOUR OWN RISK.
THRIVEPASS ASSUMES NO LIABILITY IN REGARDS TO USERS OF LISTED VENDOR FACILITIES. WE ALSO ASSUME NO LIABILITY IN THE CASE OF ANY HARM THAT MAY RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF ANY VENDOR FEATURED ON THE PLATFORM.
Services Disclaimer. To the extent the Platform contains retirement, pre-tax financial, decision support, or financial wellness information, please know that THRIVEPASS is designed to provide you with a general education on retirement plans, pre-tax plans, decision support and personal financial wellness. THRIVEPASS is not intended to be legal, tax, investment or accounting advice. Any calculator or financial modeling tools provided within these modules are designed to be informational and educational only; any results presented are hypothetical. THRIVEPASS does not warrant the accuracy of this information or its applicability to your particular circumstances – rather, THRIVEPASS specifically disclaims any such warranties and any other liability arising out of the use of the Platform.
DISCLAIMER OF WARRANTY. ACCESS TO THE SITE, THE SERVICES, THE MATERIALS, AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR DOWNLOADED THEREFROM IS PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THRIVEPASS AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER THRIVEPASS NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES THRIVEPASS AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE, THE SERVICES OR ANY OF THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES OR DOWNLOADED THEREFROM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES AND YOUR RELIANCE UPON THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE, THE SERVICES OR DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. FURTHER, THRIVEPASS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE OR THE SERVICES OR THE MATERIALS AND TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE OR THE SERVICES OR ANY MATERIALS OR TECHNOLOGY AVAILABLE ON OR THROUGH THE SITE OR THE SERVICES FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.NEITHER THRIVEPASS NOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM THRIVEPASS OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF THRIVEPASS OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE THRIVEPASS AND HOLD THRIVEPASS AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, THE SERVICES OR ITS MATERIALS OR TECHNOLOGY. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
EXCLUSIVE REMEDY. IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES, THE MATERIALS AND/OR THE TECHNOLOGY. UNDER NO CIRCUMSTANCES SHALL THRIVEPASS, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF SITE, THE SERVICES OR ANY OF ITS MATERIALS OR TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY MATERIALS, ANY INFRINGEMENT BY THE MATERIALS, AND/OR THE TECHNOLOGY OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE ,THE SERVICES OR ANY OF MATERIALS OR TECHNOLOGY AVAILABLE THEREON. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.
A printed version of this Agreement and of any related Notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THRIVEPASS is a third party administrative service provider of pre-tax benefits for businesses to manage employee benefit plans through the Internet. The THRIVEPASS Site provides registered members with a cost-effective way to manage health and other benefit programs. As a third party administrator, THRIVEPASS will not and does not provide advice in regards to: finance, legal, tax, or medical benefit programs. Personal information regarding life events, financial or legal, or tax concerns is provided on our Site ONLY for informational purposes. Hereafter, you release THRIVEPASS from and waive any and all claims, demands, and causes of action of every kind and nature, known and unknown, which exist or hereafter arise against the Company related in any way to the choice of your benefit plan, or the actions of any third party provider under any plan associated with the benefit’s plan.