Terms of Use

The following terms of use (the “Agreement”) govern your access to and use of ThriveRealEstateNetwork.com (the “Site” as well as “we” or “us”). Either you or we may also be referred to herein as a “Party” and collectively as the “Parties”. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND US AND GOVERNS YOUR RELATIONSHIP WITH US AND USE OF THE SITE. BY USING THE SITE IN ANY MANNER, YOU THEREBY AGREE TO AND ACCEPT THIS AGREEMENT.

Scope.

This Agreement is intended to be the master agreement governing your use of the Site. Your use of the Site is conditioned on your agreement to the terms herein.

Eligibility.

By using the Site, you represent, warrant, and covenant that: (a) you have reached the age of majority in the legal jurisdiction from which you are accessing the Site or that you have the permission of your legal guardian to access the Site; and (b) you have read and understand this Agreement.

Your Prohibited Activities.

You hereby expressly represent and warrant that you shall not: (A) breach this Agreement willfully or through gross negligence; (B) use our systems or services, or any of our property to circumvent or breach or attempt to circumvent or breach any law or regulation; (C) create derivatives of any of our intellectual property for any purposes other than those specifically permitted by us; (D) use any bot, spider, scraper, data miner, or automated agent to gain use of any information on the Site, our systems, our services, or any of our property; (E) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way material from our systems, our services, or any of our property; (F) work around any of the technical limitations of our systems, our services, or any of our property or enable features or functionalities that are otherwise disabled on our systems, our services, or any of our property; or (G) perform or attempt to perform any actions that would interfere with the normal operation of our systems, our services, or any of our property.

Unsolicited Feedback.

We welcome any and all feedback. By submitting any such feedback to us, you agree that we may, but shall have no obligation to, exploit in any and every way such feedback, as we see fit for any and every purpose, without restriction or limitation of any kind, and you thereby grant to us an unlimited freely and fully transferable, freely and fully assignable, irrevocable, paid-in-full, royalty-free, perpetual, worldwide license to the feedback, with the right to sublicense each and every such right. You further agree not to permit or prosecute any action on the ground that our exploitation of such Feedback infringes or violates any of your rights.

Security.

We maintain our systems, our services, and all of our intellectual property in accordance with commercially reasonable industry standards to preserve the integrity and security of all related intellectual property and user information from accidental loss and from unauthorized use or disclosure. We cannot, however, ensure or warrant that third parties will never be able to defeat those measures or gain access to such information. Our services utilize the public Internet and third-party networks, and we bear no responsibility for the security of the Internet or any third-party networks.

No Endorsement; No Affiliation.

We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any company or other third party.

No Professional Advice.

All information, materials, content and/or advice on the Site is for informational purposes only and is not intended to replace or substitute for any professional advice. We expressly disclaim, and you expressly release us from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site.

Third Party Products and Services.

We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site (“Third Party Products and Services”). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk. Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Sites.

Public Areas and Submissions.

If you use a community area on the Site that allows user posts, additional terms and conditions apply to you.

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information provided by you in any manner including but not limited to e-mail, other written, or other submissions, or postings on the Sites (“Submissions”), are non-confidential. You grant us a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your Submission and any name, username, or likeness provided in connection with your Submission in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share your Submission on or through our Sites or Services, you understand that your Submission and any associated information may be visible to others.

If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance, or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.

The reviews posted on the Site are the individual, subjective opinions of individual reviewers. We do not endorse any of the opinions expressed by individual reviewers or the responses to reviews. We cannot guarantee or verify the accuracy of the opinions shared by individual reviewers. While we have no duty to monitor what is posted, we do reserve the right to reject or remove any review, at any time, for any reason, including but not limited to those that we deem inappropriate or outside the parameters of our Review Guidelines. We ask that you adhere to the following Review Guidelines when posting reviews:

• Screen Name: Please choose a screen name that’s appropriate, or we will ask you to make a change. If you choose a screen name that is your actual name, please be aware that other users can view this.
• Inappropriate content: Threats, harassment, profanity, obscenity, hate speech, and other displays of bigotry are not allowed and will be removed by our review curators.
• Conflicts of interest: Be unbiased and objective. You should not write reviews of your own business, employer (including contracted workers) or of your friends’ or relatives’ business. You should also not represent a competitor of the company being reviewed.
• Promotional content: Do not post promotional content.
• Relevance: Do not post information and feedback that is not relevant and appropriate. For example, do not include comments about political ideologies, or other matters that do not address the consumer experience. Please indicate the nature of your experience with the company. Have firsthand and recent experience with the company.
• Your Own and Other’s Privacy: Do not include other people’s private information (for example, real names, addresses, phone numbers, e-mail addresses, or any other personally identifying information). Please be aware that our review curators remove all identifiable personal information left in a review. This primarily includes names and dates.
• Libelous statements: Your content should not contain defamatory or untrue statements.
• Intellectual property: Your content should not contain intellectual property that belongs to third parties. This includes links to outside sources and copied reviews that are not your own.

Mandatory Arbitration, Class Action Waiver and Other Restrictions.

You acknowledge and agree that any claim or dispute with us whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.

At least 30 days prior to initiating arbitration, the you shall provide us with written notice of your intent to seek arbitration that briefly describes the nature of your claim or dispute and the amount of money and other relief you are seeking pursuant to the claim or dispute. The notice shall be submitted to: contact@thriverealestatenetwork.com

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.

Proprietary Rights, Copyrights and Trademark Information and Use Restrictions.

All of the information included on the Site, including all the software text, materials, graphics, logos, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information is our valuable property. Our associated logos, and all page headers, custom graphics, buttons, and other icons are our service marks, trademarks, registered service marks, or registered trademarks. Our content is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws, and all intellectual property rights on the Site belong to us. Nothing herein shall be construed as transferring or assigning any ownership rights to you.

Warranties.

Except for the warranties specifically and expressly made in this Agreement, we make no warranties, either express or limited including warranties of merchantability or warranties of fitness, and all such warranties are disclaimed. Unless otherwise prohibited by law, our systems, our services, and our property is made available to you on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind, either express, implied or statutory.

Subscription Billing.

If you have signed up for a service or product that involves monthly or other recurring billing or fees, this section applies. For monthly subscriptions, Subscriber authorizes ThriveRealEstateNetwork.com to automatically charge Subscriber for the first month upon the effective date of the Order. Subscriber further authorizes ThriveRealEstateNetwork.com to automatically charge Subscriber for the second month five (5) calendar days in advance of the first monthly Renewal Date. Thereafter, each successive month’s fee will be charged on the monthly Renewal Date until the account is cancelled. You may update your Payment Methods through the payment service providers. We reserve the right to change the subscription plans or adjust pricing for the service in any manner and at any time. Any change will take effect following notice to you.

Limitation of Liability.

Neither we nor our personnel or affiliates shall be liable for any lack of security which may be experienced. Unless otherwise prohibited by law, you expressly agree that you assume all responsibility for your use of our systems, our services and our property and you use them at your own risk. Under no circumstances shall we, to the extent permitted by law, be liable to you for damages in an aggregate amount in excess of the fees paid to us by you under this Agreement in the six months prior to the date the first claim arose. Under no circumstances shall we be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages, including but not limited to, damages arising from any court action or legal dispute, loss of business, profits, revenues, money, data, goodwill, or reputation, loss of anticipated business, profits, revenues, or goodwill or other intangible losses, or any other pecuniary or non-pecuniary loss, damage or injury of any nature whatsoever, arising out of, in connection with, relating to, or resulting from this Agreement, our systems, our services or our property, including the unavailability of the Site, however arising, even if we have been advised of the possibility of such damages. Under no circumstances will we be liable for failure to perform the terms of this Agreement. Furthermore, we shall not be liable to you, or any third party, for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to this Agreement whether in contract, tort, or any law, even if advised of the possibility of such damages. Without limiting any of the foregoing, our full cumulative liability to you shall be limited to direct damages and in all events shall not exceed in the aggregate the amount of one US Dollar. The limitation of liability applies regardless of the legal theory on which the claim is based, including contract or tort, negligence, strict liability or any other basis. The foregoing limitations apply even if we have been advised of the possibility of such damage. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies, or liability contained in this Agreement apply to you to the fullest extent such limitations or exclusions are permitted under the jurisdiction where you are located.

Indemnification.

You agree to indemnify, defend and hold us, our personnel and affiliates harmless from and against any and all claims, demands, liabilities, costs, losses, expenses, tax assessments, penalties, interest and damages including reasonable attorney’s fees and expenses which may hereafter arise, due to any and all claims, suits, actions, audits, investigations, inquiries, or other proceeding arising out of or relating to: (a) your breach of this Agreement; (b) your access to or use of the Site; (c) any actual or alleged breach of any representation, warranty or obligations made herein; or (d) your willful or negligent act or omission.

International Use.

We make no representation that the Site, our systems, our services, or our property are appropriate or available for use in locations outside the U.S. If you choose to access or use the Site, our services, or our property from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with the applicable Regulations of your jurisdiction.

Governing Law and Venue.

The Parties agree that this Agreement, performance under this Agreement, any action at law or in equity arising out of or relating to this Agreement, us, our systems, our services, or our property and all suits and special proceedings relating to such, shall be construed in accordance with, under, and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law. The Parties agree and covenant that any action at law or in equity arising out of or relating to this Agreement, our systems, our services, us, or any of our property will be filed only in the state or federal courts in Austin, Travis County, Texas, and each party hereby consents and submits to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submits to extraterritorial service of process.

Notice.

All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing and shall be deemed received when transmitted to the email address hereinunder, and confirmation of delivery or receipt is received, to contact@thriverealestatenetwork.com

Change of this Agreement.

We may modify, alter, or otherwise update this Agreement at any time. Your continued use of the Site shall constitute your agreement to such changes.

Changes to Our Systems, Our Services, Our IP, or Our Materials.

We may enhance, replace, modify, alter, change, or otherwise update the features of our systems, our services, our intellectual property or our materials in our absolute and sole discretion without any notice to You absent any written agreement between you and us.

Entire Agreement.

This Agreement contains the sole and entire agreement between the Parties regarding the subject matter herein and supersedes any and all other agreements between the Parties regarding the subject matter herein, unless otherwise agreed by the Parties in writing.