Terms of Use Agreement

Welcome to Thrive

Thrive™ combines powerful self-help techniques, best practices from the world of cognitive behavior therapy, and technology to assist you in creating a customized plan that helps put you in control of your life. Thrive is operated by Waypoint Health Innovations, LLC, a Wisconsin limited liability company. In this Terms of Use Agreement, "Waypoint", "we", "us", or "our" means Waypoint Health Innovations, LLC.

Please read this Agreement carefully.

1. Your Agreement with Waypoint

By clicking "I agree to the terms of use" below you acknowledge that you have read and understood this Terms of Use Agreement as well as the Thrive Privacy Policy, that you agree to be bound by their provisions, and that you are at least 18 years old. If you do not agree to all of these provisions, do not click "I agree to the terms of use" and do not access or use this website.

2. Not Medical Advice

Thrive does not offer psychiatric, psychological, therapeutic, or other medical advice. Use of Thrive does not create a doctor-patient relationship. All content accessed in Thrive is for informational purposes only and is not applicable to all possible persons, symptoms, or conditions. Thrive does not provide a diagnosis or treatment for mental disorders or other medical conditions. Never disregard advice you have received from a physician or delay in seeking such advice because of anything you have read, heard, or seen on Thrive.

You acknowledge that the information you enter into Thrive, including but not limited to assessment answers, text input, and multiple choice selections, might not be reviewed by a physician or any other person. You acknowledge that you will not receive a response to any such information you enter into Thrive.

When clinical matters are discussed in videos within Thrive, the opinions presented are those of the discussants only. The material discussed on the presentation is not intended to present the only or necessarily the best method or procedure, but rather presents the approach or opinion of the discussant.

If you want a diagnosis and treatment for depression, anxiety, or another condition, if you are not improving, or if you have questions about whether you should use Thrive, please see a physician.

You should not use Thrive if you are suicidal. This means that if, at any time, you're not sure you can keep from harming yourself, you should not use Thrive. If you think you may be suicidal or have any other medical emergency, immediately stop using Thrive and call 911 or a physician.

You agree that you can and will immediately stop using Thrive and call 911 or see a physician if you think you may be suicidal.

3. Responsibility for Action

Reliance on any information provided by Thrive, its contributors or staff, or others appearing on the website at the invitation of the website is solely at your own risk.

Thrive may direct you to perform certain actions, such as performing physical activities and communicating with other people in a specific manner. You acknowledge that you assume responsibility for all such actions. Thrive may also direct you to not perform some actions, such as napping. You acknowledge that you assume responsibility for such actions not being taken. You agree to ensure that you are in sufficient physical and mental condition to undertake such activities before attempting them. You acknowledge that Thrive’s instructions to perform or not perform certain activities do not constitute imperative instructions, and you agree to disregard them if you believe they may result in injury, financial loss, or other negative results.

4. Your Thrive Account

You are responsible for the security of your Thrive password. When using Thrive, please click "logout" or close your browser before leaving your computer. Email communications sent to you by Thrive are not encrypted or secured. It is possible for these communications to be accessed or intercepted without your permission. By using Thrive, you release us from any liability related to or arising from such unauthorized access.

5. Use of Your Information

Keeping your information private and confidential is important. Waypoint will only use any information you provide in accordance with the Thrive Privacy Policy and applicable law. When you use Thrive, information will be transmitted over a medium that is beyond Waypoint’s control and its suppliers’ control. Accordingly, Waypoint assumes no liability for or relating to the transmission delay, transmission failure, transmission interruption, corruption, or interception of any information input into Thrive by you or transmitted from Thrive to you. If you print, email, copy or otherwise transmit or display information from Thrive, you assume all responsibility for the security and privacy of that information.

6. License

Waypoint grants you a limited, non-transferable license to use Thrive in accordance with the instructions and other materials on Thrive, and with this Terms of Use Agreement. You agree to not use Thrive for any other purposes, such as giving psychiatric, psychological, therapeutic, or other medical advice to others.

7. Restrictions on Use

Thrive may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without our written permission, except that you may download, display and print the materials presented on this site for your personal use only. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a methodology having similar functionality, or any manual process, to monitor or copy any of the web pages, data, or content found on this site. You shall not use any software that modifies or adds content to the layout, design, or content of any page of this site. You agree that you will not use any software or other device to interfere with the proper working of this site.

8. Copyright, Trademark, and Confidential Information

Website copyright notice: Copyright © 2013 Waypoint Health Innovations, LLC and/or its Licensors. All rights reserved. Waypoint and various third party providers and distributors ("Licensors") own all copyright, trademark, patent and other proprietary rights in Thrive, including this website and all related software. Unauthorized use of this website and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. Any special terms or other rules for the use of certain components of Thrive may be included elsewhere within Thrive and are incorporated into this Agreement by reference.

Thrive, including this website and all related software, contains confidential information owned by Waypoint and its Licensors. Confidential information includes the source code for this website and all related software. You agree (a) not to disclose Waypoint’s confidential information without our prior written consent, and (b) not to reverse engineer any such code.

You acknowledge that the people appearing in video or audio stories on this website may be actors, that the stories are fictitious and that any resemblance to actual individuals or situations is unintentional and a coincidence.

9. Modifications

Waypoint may at any time modify this Agreement. If Waypoint changes this Agreement, a copy of the Agreement in its modified form will be posted on Thrive. Such changes shall take effect immediately upon posting, or at such later time stated in the Agreement in its modified form. You acknowledge and agree that if you use Thrive after modified Agreement has been posted, your use of Thrive shall constitute acceptance of the changed Agreement.

10. Links

Thrive may contain links to websites maintained by third parties. Waypoint does not operate or control in any respect any information, software, products or services available on such websites. Such links are provided for your convenience and reference only. Waypoint’s inclusion of a link to a website does not imply any endorsement of the site or its services, its contents, or its sponsoring organization. If you decide to access other websites, you do so at your own risk.

11. Indemnification

As a condition of use of Thrive, you agree to indemnify and hold harmless Waypoint, its Licensors and suppliers (and their officers, directors, employees, agents, contractors, affiliates, successors and assigns) against any claims, losses, actions, demands, liabilities and settlements imposed on, incurred by, or asserted against Waypoint or its Licensors and suppliers as a result of or relating to: (a) your use of Thrive, (b) any information entered into Thrive by you, (c) any third-party actions related to or arising from your use of Thrive whether authorized or unauthorized under the Terms of Use, or (d) any breach of this Terms of Use by you.

12. Warranty Disclaimers

USE OF THRIVE IS AT YOUR OWN RISK. THRIVE, INCLUDING THE WEBSITE, INFORMATION, SOFTWARE AND PRODUCTS ASSOCIATED WITH IT, ARE PROVIDED "AS IS" AND "AS AVAILABLE." WAYPOINT AND ITS LICENSORS AND SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THRIVE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WAYPOINT AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT (a) THE EFFECTIVENESS, ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THRIVE’S CONTENT, ALGORITHMS, OR DATA, (b) THAT THRIVE WILL NOT BE INTERRUPTED OR ALWAYS SECURE, (c) THAT THRIVE MEETS YOUR REQUIREMENTS, OR (d) THAT THRIVE SATISFIES ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THRIVE’S CONTENT, ALGORITHMS, OR DATA. YOU ARE RESPONSIBLE FOR SEEKING HELP FROM A QUALIFIED PHYSICIAN IF YOU EVER WANT MEDICAL ADVICE, TREATMENT, OR A DIAGNOSIS, OR IF YOU THINK YOU MIGHT BE SUICIDAL.

13. Limitation of Liability

NEITHER WE NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFIT OR INCOME, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THRIVE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. WAYPOINT, ITS LICENSORS, AND ITS VENDORS ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR MENTAL OR PHYSICAL DISORDER OR IMPAIRMENT CAUSED BY YOUR USE OR MISUSE OF THRIVE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THRIVE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. NEITHER WE OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN $100. THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT APPLY TO BREACHES OF INTELLECTUAL PROPERTY PROVISIONS BY YOU OR YOUR INDEMNIFICATION OBLIGATIONS RELATING HEREUNDER.

14. Exclusions

Some states do not allow the disclaimer of implied warranties or the exclusion of liability for incidental or consequential damages, so the foregoing disclaimers and limitations may not apply to you.

15. Termination

Waypoint may temporarily suspend or permanently terminate Thrive, in part or in whole, at any time, without prior notice to you, for any reason, including any improper use of Thrive or your failure to comply with this Agreement. You acknowledge that in the event of such termination, you will not be able to retrieve any information input by you into Thrive. Such termination shall not affect any right to relief to which Waypoint and its Licensors may be entitled, at law or in equity. You or we may terminate this Agreement at any time by giving notice to the other party, provided, however, that the terms and conditions of this Agreement shall survive and govern any remaining rights and obligations of the parties.

16. Arbitration, Governing Law; Jurisdiction

All disputes between Waypoint and you arising under this Agreement or related to Waypoint’s performance shall be decided by arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator in Madison, Wisconsin, U.S.A. The award rendered by the arbitrator shall be final, and a judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Any arbitration under this paragraph shall be on an individual basis between the parties to this Agreement and shall not be commenced as a member or representative of, or on behalf of a class of persons, it being the intention of all parties that there be no class action arbitration under this Agreement. This Agreement and its performance shall be governed by the laws of the State of Wisconsin, U.S.A., without regard to its conflict of laws provisions. In the event of any litigation arising under this Agreement or related to Waypoint’s performance, you consent and submit to the exclusive jurisdiction of the state and federal courts located in Dane County, Wisconsin. To the extent allowed by applicable law, any claim or cause of action must be brought within one (1) year from the date on which such claim or action arose or accrued.

17. Attorney's Fees

If Waypoint or its Licensors take any action to enforce this Agreement, such party will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney' fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such party may be entitled.

18. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations under this Agreement.

19. General Legal Terms

This agreement is the entire agreement between you and us relating to Thrive and replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a signed written agreement between you and Waypoint related to Thrive, the signed agreement will control.

Our Licensors may be third party beneficiaries to this agreement pursuant to our agreements with them. To the extent our Licensors are third party beneficiaries to this agreement, the rights and protections provided to us hereunder inure to their benefit. There are no other third party beneficiaries to this agreement. Your use of Thrive, input of information into Thrive, or any interaction with Thrive or Waypoint does not constitute a partnership, joint venture, or agency with Waypoint or any of Waypoint’s Licensors.

Failure to enforce any provision will not constitute a waiver of that provision. If any provision is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose, and all other provisions will remain valid and enforceable.

Waypoint makes no claims that the use of Thrive is appropriate or legal in your state or country. You agree to not use Thrive in a state where such use is not legal. If you use Thrive outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Thank you for your cooperation. We hope that you find Thrive helpful.