1. Thrive Nutrition Privacy Statement.
4. Personal Information Collected.
Thrive Nutrition collects personal information when you use our software or Site to store, share, and/or order products or services online, submit questions or comments, request information or materials, download trial or free versions of our software, participate in online surveys and participate in online promotions, premiums, sweepstakes or contests. The type of information collected may include name, address, phone number, billing and delivery information, e-mail address, credit card information, meal choice and preference, login information for Thrive Nutrition or partner services, and other demographic information.
5. Access to information you have posted online.
You and anyone you permit, such as your personal trainer, can access and view your personal information online. Thrive Nutrition employees or employees of partner companies that provide services to Thrive Nutrition may view your personal information when you order products, subscriptions or services involving your personal information. In addition, any data you input along with your personal account information may be seen by Thrive Nutrition employees, affiliates, licensees, vendors and/or third party contractors in order to evaluate, validate, or correct problems with your account, and in the course of maintaining and ensuring proper operation of the Site.
6. Use of personal information.
Our primary goal in collecting your customer information is to provide you with a personalized, relevant, user-friendly experience on the Site. We use your information to communicate with you, to inform you of product improvements, feature announcements, newsletters, Thrive Nutrition promotional offers, and occasional third-party promotional offers that may be of interest to you. We may also directly contact some of our users via email or phone to conduct market research which will help us improve future versions of our products. Personal information of users such as name, address, email address and phone number may also be shared with third parties for promotional purposes. Thrive Nutrition reserves the right to sell user contact information directly or through a third party vendor. If you do not wish to receive these communications, you may always "opt out" by using the subscription preferences link that appears at the bottom of each of our mailings. If you opt out of promotional communications, we will still contact you in response to specific requests or transactions that you initiate. We also use your information to provide you with products and services that you have requested. When you interact with one of our partners through our Site or software, we may share your information with that partner. We use data about the use of our systems to monitor their proper operation, and to help us maintain and improve our products and services. Thrive Nutrition reserves the right to transfer your personal information in connection with the sale or transfer of all or a portion of our business or assets.
The Site has security measures in place to protect the loss, misuse and alteration of the information under our control. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. To that end, we have put in place appropriate physical, electronic and managerial procedures to safeguard and secure the information we collect online.
8. Minors Privacy.
Protecting the online privacy of children is especially important and federal law protects those under the age of 18. For that reason, Thrive Nutrition does not knowingly permit children under the age of 18 to become registered members of our websites, or to buy goods and services on our website, without verifiable parental consent. Thrive Nutrition does not knowingly collect or solicit personal information about children under 13, except with their parent's express consent.
If we ever include children under the age of 18 as part of our intended website audience, those specific web pages will, in accordance with the provisions of the Children's Online Privacy Protection Act of 1998 (COPPA), be clearly identified and provide an explicit privacy notice; and we will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children's personal information.
9. Contacting Thrive Nutrition.
10. Service Providers
We use third parties to provide credit card transactions on our Site. When you process an order, we will share credit card information, name and address information as necessary for the third party to provide the credit card transaction service. The third parties are prohibited from using your personally identifiable information for any other purpose
11. Your Consent
12. Notification of Changes
13. Opt-out or Termination of User Accounts
If users have opted out of all communication with the Site, or deleted/deactivated their account, Thrive Nutrition will not contact such users again nor will their personal information ever be used by us in any manner.
14. The Way We Use Non-Medical Information
Our goal is to provide products that best meet your needs, therefore we evaluate your personal interactions with us in an effort to bring you the products which best suit your tastes. In addition, we use your information to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site's content, layout, and services.
We may use your information to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners, new products, services and promotions. At times we may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests, which we may use to customize our products and services for you.
If you place a request for products or services, we use your personal information to ship your order; if the products or services are from a retail partner, we may provide your relevant information to that retailer for purposes of the transaction. If you establish a credit account with us or our providers, we collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders.
We may also use or disclose information to resolve disputes or investigate problems. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.
We may use your IP address to help diagnose problems with our servers, to manage our website and to enhance our site based on the usage pattern data we receive .
15. Blogs, Forums & Testimonials
If you use or review a bulletin board chat room, blog or post a testimonial on this Site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
16. Personally Identifiable Information
Thrive Nutrition does not share personally identifiable information with third parties other than those mentioned above under Service Providers.
17. Unsolicited Ideas
We welcome feedback, questions and comments about our products, services and this Website. As a general policy, we do not accept unsolicited ideas for products or services through this Website. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to this Site by e-mail or otherwise are and shall remain the sole and exclusive property of Thrive Nutrition and may be used by us for any purpose whatsoever, commercial or otherwise, without compensation to you.
Thrive Nutrition - Attn. Privacy Compliance
3000 Old Alabama Road, Suite 119-201
Alpharetta, GA 30022
© 2008 Thrive Nutrition, Inc. All Rights Reserved. All Rights Reserved.
Government Users: Any use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Thrive Nutrition, Inc. will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this Site:
David M. Lilenfeld, Esq.
Manning Lilenfeld LLP
3340 Peachtree Road NE
Atlanta, Georgia 30326
(404) 835-3333 - telephone
Notification must contain the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the 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.
Product names, logos, designs, titles, words or phrases used on the Thrive Nutrition Site, including without limitation, Thrive Nutrition are owned by Thrive Nutrition, Inc., its licensors, or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.
Order Validation and Acceptance
When you place an order with Thrive Nutrition, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order is an offer to purchase our products or services. Thrive Nutrition may accept your order by processing your payment and shipping the product or documentation of service, or may, for any reason, decline to accept your order or any part of your order. No order is accepted by Thrive Nutrition until the product has been shipped. If we decline to accept your order, we will attempt to notify you using the e-mail address you have provided with your order.
Thrive Nutrition may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Thrive Nutrition may reject any order, or any part of an order. Thrive Nutrition may limit or prohibit sales to resellers or dealers.
When you place an order with Thrive Nutrition, you are required to provide a valid e-mail address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Thrive Nutrition will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide a valid e-mail address.
Pricing and Product Information
Thrive Nutrition makes every effort to provide current and accurate information relating to our products, services and prices. However, because Thrive Nutrition's information is dependent on information provided by others, Thrive Nutrition cannot guarantee the accuracy of any such information. Information relating to products sold by Thrive Nutrition products and services is subject to change without notice.
Prices are subject to change at any time prior to Thrive Nutrition acceptance of your order. In the event we discover a material error in the description or availability of a product or service that affects your outstanding order, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Thrive Nutrition will issues are refund.
Payment and Shipment
All orders will generally be processed, billed, and shipped within 4 to 10 business days. In most cases, your credit card will not be charged if Thrive Nutrition declines to accept your order. If your card has been charged, Thrive Nutrition will process a refund.
In the event your shipment will be delayed more than thirty (30) days after the date of your order, Thrive Nutrition will attempt to notify you by e-mail, using the e-mail address you provided, and you may elect to cancel the order. If you elect to cancel the order, Thrive Nutrition will issue a refund.
Shipping and Handling
Shipping and handling charges will be added to the cost of your order. We do not ship on Saturdays, Sundays or national holidays. Once packages have been shipped, they should arrive within 5-10 business days, depending on destination.
If for any reason you are not satisfied with your purchase simply notify us to receive a refund, minus a handling and transactions fee of 15% for every software copy. We will answer your refund request with a refund form that must be completed, signed and returned. IMPORTANT: the form must be sent within thirty (30) days of the purchase date.