1. Your Acceptance Of Terms And Conditions
In consideration of your use of the Thriva LLC services, you hereby agree that the services are provided to you under the following Terms and Conditions, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms and Conditions at any time at: www.thriva.com.
2. Description Of Service
As used in this agreement, services means the online services provided by Thriva LLC. The services currently include providing users with access to information regarding various camps and other events, plus the ability to register and pay for the event online. As used in this agreement, (registrant) means the person designated to participate in the event. Thriva LLC MERELY PROVIDES EVENT INFORMATION AND REGISTRATION SERVICES. IT HAS NO CONTROL OVER THE EVENTS OR OVER THE REGISTRANTS EXPERIENCE AT AN EVENT.
3. Minimum Age; Parent Or Guardian
By using this service you certify that you are at least 18 years old. If the person who you are registering for an event is less than 18 years old, you certify that you are the parent or legal guardian of the registrant.
4. Information About You
You agree to provide true, accurate, current and complete information when such information is requested in connection with an event.
6. Member Account, Password And Security
You will receive a password and account designation upon completing our signup process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Thriva LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Thriva LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. Release And Indemnity
On behalf of yourself, the registrant, and the registrants parents or guardians, you hereby release and discharge Thriva LLC and the Related Parties listed below from all claims made on behalf of yourself, the registrant, and the registrants parents or guardians (and the executors, heirs, administrators, and assigns of all such parties) against all claims, demands, judgments, and costs (including reasonable attorneys fees) arising out of or relating to the registrants participation in an event. Further, you agree to indemnify and hold Thriva LLC and the Related Parties harmless from all such claims, demands, judgments, and costs (including reasonable attorneys fees) made by any third party arising out of or relating to the registrants participation in an event. For purpose of this section, (Related Parties) means Thriva LLC and its directors, officers, agents, employees, and affiliates and other partners.
Thriva LLC may in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that Thriva LLC shall not be liable to you or any third party for any termination of your access to the service.
The service may provide links to other World Wide Web sites or resources. Because Thriva LLC has no control over such sites and resources, you acknowledge and agree that Thriva LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that Thriva LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such any content, advertising, products, services, or other materials.
10. Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON (AN AS IS) AND (AS AVAILABLE) BASIS. Thriva LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Thriva LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Thriva LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF Thriva LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (c) ANY OTHER MATTER RELATING TO THE SERVICE.
12. Exclusions And Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
Notice to you may be made via either email or regular mail. The service may also provide notice of changes to the Terms and Conditions or other matters by displaying notices on the service generally.
14. General Information
These Terms and Conditions constitute the entire agreement between you and Thriva LLC and govern your use of the service, superseding any prior agreements between you and Thriva LLC. The Terms and Conditions and the relationship between you and Thriva LLC shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Thriva LLC agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. The failure of Thriva LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
Active has established and maintains reasonable security procedures to protect the confidentiality, security and integrity of your personally identifiable information. We use a variety of industry-standard security measures to maintain the safety of your personal information. For example, credit card numbers are encrypted in Active’s secure database which is located behind a firewall. Personal information and such encrypted credit card numbers collected on Active are stored in a secure operating environment that is not available to the public. All credit card and registration information supplied by users is transmitted via Secure Socket Layer (SSL) technology. Active’s technology department conducts frequent site-security audits. “Perfect security,” however, does not exist on the Internet. Although your privacy is very important to us, due to the existing legal regulatory and security environment, we cannot fully ensure that your private communications and other personally identifiable information will not be disclosed to third parties. For example, Active will disclose personal information about an individual user if we believe in good faith that such disclosure is necessary to comply with an applicable law or valid legal process.