Terms & Conditions

Thriving Made Simple Terms of Use

Thank you for visiting our website(s) (the “Site”), which are owned and provided by Horn Counseling, LLC doing business as Thriving Made Simple. When used herein, “Thriving Made Simple,” “we,” or “us” means Horn Counseling, LLC DBA Thriving Made Simple and its employees, agents, and contractors, including the counselors, coaches, and others providing advice on or through the Site. Your use and access of the Site(s) and the services offered through the Site(s) are governed by and subject to the following terms and conditions (the “Terms”). If you do not agree to these Terms or do not agree with our Privacy Policy found at thrivingmadesimple.org/privacy-policy, which is incorporated herein by reference, please do not use the Site or any services offered through the Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THIS SITE AND THE SERVICES AND CONTENT AVAILABLE THEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD OR OLDER AND POSSESS THE LEGAL RIGHT AND ABILITY TO AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR YOU ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THIS SITE.

Services Provided

Thriving Made Simple provides professional counseling, creative coaching, content, and online courses for personal growth (“Services”). Services include Thriving Made Simple, an interactive online subscription service designed to help you grow personally. As part of our registration process, you must provide us with certain information. We need this information to verify your identity and make full use of the Services we provide through the Site. Additionally, you must be required to provide credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email, and/or street address, and other personally identifiable information (“Personal Information”), which will be maintained and used by us as permitted by these Terms and the Privacy Policy.

Online Courses/Video Disclaimer

This website and online courses/videos are for informational and educational purposes only. No therapist-client relationship arises between us and you as a result of your use of the Services. The information provided and any comments or opinions expressed belong solely to those who express them and are intended for general discussion and educational purposes only. They should not be relied upon for decision-making in any specific case and we are not liable for your reliance on the same. There is no substitute for consultation with a qualified mental health specialist/counselor who could best evaluate and advise based on a careful evaluation. Additionally, nothing on the Site or provided through the Site, including the Services, is intended to diagnose or treat any disease or condition. We do not provide medical advice. We strongly recommend that you consult with a doctor or other medical professional before making any changes to your diet or exercise regime or taking any dietary supplement. It is understood that no guarantee or warranty arises from the information provided or discussed on this website. We may make messaging services (“Communications”) available to users of our Site, either directly or through a third-party provider. We may make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms of Use. We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient or in the narrowly defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by the court or governmental order. Further information is available in our Privacy Policy.

Forum Comments

The owner of this website reserves the right to edit or delete any comments submitted to this website for, but not limited to, the following reasons: spam, profanity, offensive language or concepts, attacks on a person individually. We neither endorse nor assume any liability for any material uploaded or submitted by users on any part of the Site, including the Offerings. Although we do not pre-screen, police, or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or another interactive service available on the Site, you agree that you will not post comments, messages, links, code, or other information that: i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party; iv. consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; v. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party; vi. breaches the security of, compromises, or otherwise allows access to secured, protected, or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site; vii. impersonates any person or entity, including any of our employees or representatives.

Limits of Confidentiality

Information this website receives, either through a phone call, email, website comments, etc., is confidential within the law's limits. The law requires Thriving Made Simple to report abuse or neglect of minors under 18, threats, or harm to self or others.

Registration & Security

You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining your password's confidentiality, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions were taken under your account or Subscription, as that term is defined below, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account or Subscription (for example, your password has been lost or stolen, someone has attempted to use the Services through your account or Subscription without your consent or your account or Subscription has been accessed without your permission). We strongly recommend that you not use the Services or access Content (defined below) on public computers. We also recommend that you do not store your password through your web browser or other software. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account or Subscription by any person who uses your Personal Information, with or without authorization, or who has access to any computer, mobile, or other devices on which your account or Subscription resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for products and/or Services, including, without limitation, Content provided by us. You agree to pay all charges, including applicable taxes and surcharges, incurred through your activity on or through the Site(s) and/or through your account or Subscription (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified, all Fees will be quoted and charged in U.S. dollars. You must notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problems or discrepancies.

Information Provided by You & Privacy

By creating an account and/or subscribing to our online learning platform, you expressly consent to the use of (a) electronic means to complete these Terms and to provide you with any notices given according to these Terms; and (b) electronic records to store information related to these Terms or your use of the Services. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Limitations on Use

The Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations connected with your use of the Services and Content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Services: upload, post, email or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);upload, post, email or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); upload, post, email or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material; use the Services or the Site to collect or store personal data about other users without their express permission; knowingly include or use any false or inaccurate information in any profile; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site; circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Content; attempt to probe, scan, or test the vulnerability of any Thriving Made Simple system or network or breach or impair or circumvent any security or authentication measures protecting the Services, Content, and the Site; attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Services and/or Content; use the Services, Site, or Content in any way that competes with us; or encourage or instruct any other person or entity to do any of the foregoing. CAUTION: ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE(S), MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

Termination, Modification, & Survival

We are continually evolving and innovating the Services, Content, and Site. We may change the Services, the Site, the Content (defined below) we offer, and the products or services you may access at any time. We may discontinue offering the Services or the Site, and we may suspend or terminate your right to use the Services or the Site at any time if you breach these Terms, for any reason, in our sole discretion, and without prior notice to you. After such termination, we will have no further obligation to you or to provide the Services, except to the extent we have otherwise agreed in writing. Upon termination of your right to use the Services or the Site or our termination of the Services or the Site, all licenses and other rights granted to you by these Terms will immediately terminate. You may terminate your account at any time and for any reason by sending us written notice requesting termination of your account. Any cancellation request will be handled within 30 days after we have received your request. No suspension, termination, or cancellation will affect your obligations to us under these Terms, which by their nature are intended to survive such suspension, termination, or cancellation. For information regarding Subscription cancellation, see below.

Subscription & Payment

When you subscribe to our Thriving Made Simple platform, you will have the ability to view the content within and use all features contained therein (“Subscription”). One Subscription provides access to one user only. For pricing information, please visit www.thrivingmadesimple.org. The initial term of your Subscription will commence on the date you are charged for the Subscription, and for annual Subscriptions, will renew each year automatically, unless you provide written notice to Thriving Made Simple of your intent not to renew the Subscription at least thirty (30) days before the end of the then-present Subscription term. Subscription fees for the subsequent year will be charged on the last day of the then-present Subscription term. You may cancel your subscription at any time through email at [email protected]. If your Subscription is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. All-access to the Subscription and the features and services offered thereunder will be terminated immediately upon cancelation. Thriving Made Simple also reserves the right to suspend or cancel your Subscription if, in Thriving Made Simple’s sole and absolute discretion, you are using the Subscription in any way contrary to or inconsistent with the obligations of these Terms and/or any laws and regulations. If your Subscription is canceled for any reason, you will not be entitled to a refund of any amounts paid for the Subscription. No suspension or cancellation will affect your obligations to us under these Terms, which by their nature are intended to survive such suspension or cancellation.

Intellectual Property

The Services, the Site, and all information and/or content that you see, hear, or otherwise experience on the Site (collectively, “Content”) are protected by the U.S. and international copyright, trademark, and other laws. You will not acquire any intellectual property rights in the Services, the Site, or our Content by your use of the Services or the Site. When you use our Services or the Site, you may access intellectual property rights that we, our licensors, or third parties own or license. Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Services and to download and print any Content provided by us solely for your personal and non-commercial purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services or Content, except as expressly permitted in these Terms, without our express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms. However, as set forth above, you may not reproduce, prepare derivative works, distribute copies, perform, display, record, scan, post, or distribute the materials associated with the Thriving Made Simple Content. Subject to our Privacy Policy, any communication or material transmitted or uploaded to this Site or to us (other than confidential discussions between you and your coach or therapist) will be treated as non-confidential and non-proprietary user content (“User Content”). While the owner of the User Content retains all rights to the same, you, on behalf of yourself and/or the owner of the User Content (as applicable), grant us a non-exclusive, royalty-free, perpetual, and worldwide right (but not the obligation) to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used. We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content or Offerings through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification. If you believe that you or someone else’s copyright has been infringed on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send a notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information: 1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; 2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material); 3. The Rights Holder’s contact information so that we can contact them (including, for example, the Rights Holder’s address, telephone number, and email address); 4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law; 5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and 6. The Rights Holder’s electronic signature. Notice may be sent to: By Mail: ATTENTION: Thriving Made Simple 1004 Hickory Hill Lane Suite 3 Hermitage, Tennessee, 37076 By e-mail: [email protected] Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details: 1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question; 3. Your name, address, and telephone number; 4. A statement that you consent to the jurisdiction of the federal district court in Davidson County, Tennessee, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person. 5. Your physical or electronic signature. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party. Repeat infringers will be terminated and barred from using the Site.

Third-Party Links & Resources

On the Site and as part of the Services, we may make available links to third-party websites or resources from third parties on the Site. We are not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. When we make available such third-party links or resources on the Site or through the Services, you must look solely to the third party concerning the content, products, or services they provide. Unless otherwise stated, we do not endorse and are not responsible for any of the content, products, or services provided by others. YOUR USE OF THE WEBSITES OR RESOURCES OF THIRD PARTIES IS AT YOUR OWN RISK. WE ARE NOT LIABLE FOR ANY OF YOUR LOSSES ARISING OUT OF OR RELATING TO THE WEBSITES OR RESOURCES OF THIRD PARTIES.

Disclaimer of Representations & Warranties

Your use of the Services and Content is at your sole discretion and risk. The Services and Content, and all materials, information, products, and services included therein are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE AND OUR LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR COURSE OF PERFORMANCE. IN ADDITION, WE AND OUR LICENSORS AND AFFILIATES DISCLAIM ANY WARRANTIES REGARDING SECURITY, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, AND PERFORMANCE OF THE SERVICES OR THAT THE SERVICES WILL BE FREE OF ERRORS OR INTERRUPTIONS OR THAT ANY ERRORS OR INTERRUPTIONS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND CONTENT ARE DEVELOPED FOR USE IN THE UNITED STATES, AND WE AND OUR LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR CONTENT WHEN THEY ARE USED IN ANY OTHER COUNTRY. SOME JURISDICTIONS DO NOT PERMIT US TO EXCLUDE WARRANTIES IN THESE WAYS, SO IT IS POSSIBLE THAT THESE EXCLUSIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT, THE EXCLUSIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnification

You will indemnify, defend, and hold harmless us, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters: (a) your access to or use of the Services, the Site, or the Content; (b) your violation of any of the provisions of these Terms; (c) any activity related to your account or your Subscription by you or any other person accessing the Site or Services through your account or Subscription, including, without limitation, negligent or wrongful conduct; or (d) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT WILL WE OR ANY APPLICABLE LICENSORS OR AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE SERVICES, THE SITE, THE CONTENT, OR THESE TERMS, AND EXCLUSIVE REMEDIES ARE DISCONTINUATION OF YOUR USE OF THE SERVICES AND/OR CONTENT AND, UNLESS OTHERWISE PROHIBITED OR DISCLAIMED UNDER THESE TERMS, A REFUND OF THE AMOUNT PAID TO Thriving Made Simple FOR SERVICES AND/OR CONTENT. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, THE SITE, OR THE CONTENT OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT PERMIT US TO LIMIT OUR LIABILITY IN THESE WAYS, SO IT IS POSSIBLE THAT THESE LIMITATIONS WILL NOT APPLY TO OUR AGREEMENT WITH YOU. IN SUCH EVENT, THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

Waiver of Jury Trial & Class Action

THE PARTIES HERETO HEREBY WAIVE TRIAL BY JURY IN ANY LITIGATION, SUIT, OR PROCEEDING, IN ANY COURT WITH RESPECT TO, IN CONJUNCTION WITH, OR ARISING OUT OF THESE TERMS OR THE PRIVACY POLICY OR THE VALIDITY, PROTECTION, INTERPRETATION, COLLECTION, OR ENFORCEMENT THEREOF, AND/OR PERFORMANCE OF ANY OF THE OBLIGATIONS OR SERVICES HEREUNDER OR THEREUNDER. THE PARTIES FURTHER AGREE THAT ANY LITIGATION, SUIT, OR PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Errors & Inaccuracies

The information on the Site, including, without limitation, information regarding pricing, may contain typographical errors or other errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you. However, we do not guarantee that any such errors, inaccuracies, or omissions will be corrected.

Entire Agreement

These Terms constitute the entire agreement between you and us relating to our Services, the Site, and the Content, replacing any prior or contemporaneous agreements, whether written or oral, unless you have signed a separate written agreement with us relating to our Services, the Site, or the Content. If there is any conflict between these Terms and a separate signed written agreement between you and us relating to our Services, the Site, or the Content, the signed written agreement will control.

Third-Party Beneficiaries

Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms.

Waiver

The failure by us to enforce any provision of these Terms will not constitute a waiver. Suppose any court of law, having the jurisdiction to decide the matter, rules that any provision of these Terms is invalid or unenforceable. In that case, the invalid or unenforceable provision shall be removed from these Terms or reformed by the court and given effect so as to best accomplish the essential purpose of the invalid or unenforceable provision. All of the other provisions of these Terms shall continue to be valid and enforceable. Nothing contained in these Terms shall limit a party's ability to seek an injunction or other equitable relief without posting any bond.

Governing Law, Jurisdiction, & Venue

THESE TERMS AND OUR RELATIONSHIP WITH YOU SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, EXCLUDING ITS CHOICE OF LAWS RULES. YOU IRREVOCABLY AGREE THAT THE EXCLUSIVE VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR OUR RELATIONSHIP WITH YOU, REGARDLESS OF THEORY, SHALL BE THE FEDERAL AND STATE COURTS LOCATED IN DAVIDSON COUNTY, NASHVILLE, TENNESSEE. YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS AND WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY THESE COURTS AND TO THIS VENUE. NOTWITHSTANDING THE FOREGOING, HOWEVER, YOU AGREE THAT WE MAY COMMENCE AND MAINTAIN AN ACTION OR PROCEEDING SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY COURT OF COMPETENT JURISDICTION.

Miscellaneous

These Terms are expressly made subject to any laws, regulations, orders, or other restrictions on the export of data from the United States of America. You shall comply with such laws, regulations, orders, or other restrictions, including but not limited to the Export Administration Regulations promulgated under the Export Administration Act of 197 and the International Traffic in Arms Regulations administered by the US Department of State. You agree that these Terms will not be construed against Thriving Made Simple by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

Modification of Terms

We reserve the right to change these Terms at any time. Any changes that we make will become a part of our agreement with you when they are posted to the Site. Your continued use of our Services or the Site will constitute your agreement to the changes we have made. The last date these Terms were revised is set forth at the end of this document.

Contact Us

We encourage you to contact us at [email protected] if you have any questions concerning these Terms. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

Last Revised: August 5, 2021