Terms of Service

1. Acceptance of these Terms

By accessing or using thrivosenergy.com (the "Site"), you agree to these Terms of Service (the "Terms") and our Privacy Policy. "Thrivos", "we", "us" and "our" refer to Thrivos. If you do not agree, do not use the Site.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live if that is older, to use the Site or join our email list. By using the Site, you represent that you meet this requirement.

3. About the Site

The Site shares information about Thrivos, a beverage brand in development, and lets you join an email list for launch news. It is provided for general information only.

4. Health and caffeine disclaimer

These statements have not been evaluated by the Food and Drug Administration. Thrivos products are not intended to diagnose, treat, cure, or prevent any disease.

Content on the Site is for general informational purposes only and is not medical, nutritional or health advice. Consult a physician before consuming any energy drink, especially if you are pregnant or nursing, sensitive to caffeine, under 18, or have a heart condition or any other medical condition.

Caffeine warning: energy drinks contain caffeine. Consuming too much caffeine may cause side effects such as restlessness, sleeplessness, increased heart rate or elevated blood pressure. Energy drinks are not recommended for children, people sensitive to caffeine, or pregnant or nursing women. Do not combine with alcohol.

5. Email list

If you join our email list, you agree that we may send you emails about Thrivos, such as launch news and updates. You can unsubscribe at any time using the link in any email or by emailing calder@redlacmedia.com. Our Privacy Policy explains how we handle your email address.

6. User submissions and feedback

If you send us ideas, suggestions, feedback or other materials ("Submissions"), you grant Thrivos a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, publish and otherwise exploit those Submissions for any purpose, without compensation or attribution to you. You represent that you have the right to grant this license and that your Submissions do not violate anyone else's rights. Do not send us anything you consider confidential.

7. Intellectual property

The Thrivos name, the thrivos wordmark, the sun and column marks, and all other logos, illustrations, text, graphics, photographs, 3D designs and renderings, code and other content on the Site are owned by Thrivos or its licensors and are protected by trademark, copyright and other intellectual property laws. All rights reserved.

You may view the Site for your personal, non-commercial use. You may not copy, modify, distribute, sell, create derivative works from, or otherwise use our content or brand without our prior written permission.

8. Acceptable use

You agree not to misuse the Site, including by:

• interfering with its operation or security;
• attempting to gain unauthorized access to any system or data;
• scraping, copying or harvesting content or data by automated means;
• submitting false information or someone else's email address without permission; or
• using the Site for any unlawful purpose.

9. Third-party services and links

The Site relies on third-party services, such as our hosting provider and font and code delivery networks, and may link to other websites. We are not responsible for the content, policies or practices of third parties.

10. Disclaimer of warranties

THE SITE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THRIVOS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE OR CURRENT.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THRIVOS OR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THRIVOS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify and hold harmless Thrivos and its owners, officers, employees and agents from any claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your Submissions, or your violation of these Terms or any law or third-party right.

13. Binding individual arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to arbitrate: you and Thrivos agree that any dispute, claim or controversy arising out of or relating to the Site or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court.

Small claims: either party may instead bring an individual claim in small claims court if it qualifies.

Class action waiver: YOU AND THRIVOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

Jury trial waiver: YOU AND THRIVOS WAIVE ANY RIGHT TO A JURY TRIAL.

30-day opt-out: you may opt out of this arbitration agreement by emailing calder@redlacmedia.com within 30 days after you first accept these Terms. Include your name, the email address you use with us, and a clear statement that you are opting out of arbitration. Opting out will not affect any other part of these Terms.

If the class action waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration.

14. Governing law

These Terms are governed by the laws of the United States and the state in which Thrivos is organized, without regard to conflict-of-law rules. For any dispute not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in that state.

15. Termination and suspension

We may suspend or terminate your access to the Site or our email list at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination will survive.

16. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date shows when they last changed. Changes take effect when posted. Your continued use of the Site after changes are posted means you accept the updated Terms.

17. General terms

• Severability: if any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.
• Entire agreement: these Terms and our Privacy Policy are the entire agreement between you and Thrivos about the Site.
• No waiver: our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: you may not assign these Terms without our consent. We may assign them without restriction.
• Force majeure: we are not liable for any delay or failure caused by events beyond our reasonable control.

18. Contact

Questions about these Terms? Email calder@redlacmedia.com.