Terms & Conditions

BY CLICKING “I AGREE,” CHECKING A RELATED BOX, USING ANY ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.

YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.BY CLICKING “I AGREE,” CHECKING A RELATED BOX, USING ANY ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.
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ARBITRATION NOTICE
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
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1. Definitions
Thrivelab Co. (“Thrivelab,” “we,” “us,” or “our”) owns and operates the websites located at www.thrivelab.com and may have previously, now, or in the future own and/or operate one or more “Thrivelab” mobile applications (collectively, the “Platform”).Your access to and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Thrivelab, and any affiliated website, software, or application owned or operated by Thrivelab (collectively, including the Platform and the Content, the “Service”) are governed by these Terms & Conditions (“Terms and Conditions” or “Agreement”).In this Agreement, the terms “you” and “your” refer to the person using the Service, or in the case of use of the Service by or on behalf of a minor, “you” and “your” refer to and include (i) the parent or legal guardian who provides consent to the use of the Service by such minor or uses the Service on behalf of the minor, and (ii) the minor for whom consent is being provided or on whose behalf the Service is being utilized.

2. Medical Emergency Notice
IF YOU HAVE A MEDICAL EMERGENCY, SEEK IN-PERSON EMERGENCY CARE IMMEDIATELY OR DIAL 911. THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.

3. Acceptance of Terms and Changes
Your access to and use of the Service is subject to this Agreement and all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are prohibited from accessing or using the Service.The Service is continually under development. We reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time without prior notice. Any changes to this Agreement are effective upon posting to the Platform. Your continued use of the Service following posting of changes constitutes acceptance of the revised Agreement.

4. Your Relationship With Thrivelab; No Practice of Medicine
Thrivelab is a technology company that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by Thrivelab or by third-party providers, pharmacies, laboratories, or other vendors.

With respect to laboratories, pharmacies, medical groups, and providers, Thrivelab acts solely as a technology platform to connect you with products and services offered by such third parties. Thrivelab does not control or interfere with the practice of medicine by medical groups or providers, each of whom is solely responsible for the medical care and treatment provided to you.
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Thrivelab makes no representations or warranties about the suitability, reliability, timeliness, or accuracy of medical care or treatment provided by any medical group or provider.
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By using the Service, you acknowledge and agree that Thrivelab is not a healthcare provider and that you are not entering into a doctor-patient relationship with Thrivelab. You may, however, be entering into a doctor-patient relationship with a medical group and/or one or more providers.You acknowledge and agree that medical groups and/or providers may send you messages, reports, and emails via the Service regarding diagnosis and/or treatment. You understand and agree it is your responsibility to monitor and respond to such communications. Neither Thrivelab nor any medical group or provider will be responsible for any loss, injury, or claims resulting from your failure to read or respond to such communications, or for your failure to comply with treatment recommendations or instructions.

5. Notice Regarding Financial Responsibility; Cash Pay
Thrivelab and medical groups are not enrolled with or participating providers in federal or state healthcare programs (such as Medicare and Medicaid). Services offered through the Service are generally cash pay and may not be covered benefits under such programs.By choosing to use the Service, you are choosing to obtain products and services on a cash basis and you are solely responsible for all costs of any service or product provided to you by or through the Service.

6. Subscription Products; Billing
Certain products available through the Service require purchase on a subscription basis. For subscription products, your payment method will be charged at regular intervals as described during checkout. You may cancel a subscription up to forty-eight (48) hours before the applicable monthly processing date by emailing support@thrivelab.com. To simplify the user experience, you may see and pay a single total subscription price. If your subscription includes provider consultations and/or prescription products, the total price may include amounts charged by third parties (such as pharmacies and medical groups) as well as fees for use of the Platform. Thrivelab may collect amounts on behalf of third parties and pass through applicable amounts.

7. Prescription Products
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not obtain prescription products unless you complete a consultation with a provider, and the provider determines the product is appropriate and issues a prescription.
Certain prescriptions may be filled through designated pharmacies via the Service, or you may fill a prescription at a pharmacy of your choice as prompted or by contacting support@thrivelab.com.Prescription products are third-party goods and services as described below.

8. Laboratory Products and Services
Certain laboratory products and services require a valid prescription or order by a licensed healthcare provider. Such services require completion of a consultation, a determination by a provider that the laboratory service is appropriate, and issuance of an order.
Laboratory products and services are third-party goods and services as described below.

9. Limited Use and Availability; Minors
The Service is currently only available to individuals located in states in which the Service is offered, who are at least eighteen (18) years of age or older (or the age of majority in their jurisdiction if higher), and who have accepted this Agreement.

Individuals between thirteen (13) and eighteen (18) may be permitted to use limited parts of the Service only as expressly set forth in the Platform experience and/or Terms and Conditions and only with parent or legal guardian consent. Individuals under thirteen (13) are prohibited from using the Service.

You represent and warrant that:
(a) you meet the eligibility requirements above;
(b) you will provide truthful, accurate, and complete information; and
(c) you will use the Service only for lawful purposes.

10. Consent to Telehealth
Telehealth involves the delivery of healthcare services using electronic communications. While telehealth may offer benefits, it also has risks and limitations. Telehealth is not a substitute for in-person care in all cases.You may be required to review and agree to an informed telehealth consent provided by medical groups and providers (“Patient Consent”). Thrivelab is a third-party beneficiary of the Patient Consent and may enforce it.

11. Duty to Provide Accurate Information; Technology Requirements
You are responsible for providing and maintaining appropriate devices, software, and internet connectivity required to use the Service. You are solely responsible for any fees you incur when accessing the Service.You agree to provide truthful, accurate, and complete information, and to update such information as needed.

12. Privacy
Your use of the Service is subject to the Thrivelab Privacy Policy, which is incorporated by reference into this Agreement.

13. User Accounts; Security
To use certain features, you must register for an account. You are responsible for maintaining the confidentiality of your username and password and for all activities under your account.You agree to immediately notify Thrivelab of any unauthorized use of your account or security breach by emailing support@thrivelab.com.

14. Use and Ownership of the Service
The Service and Content are protected by intellectual property laws. Subject to this Agreement, Thrivelab grants you a limited, non-transferable, revocable license to access and use the Service for your personal use.You may not remove or alter proprietary notices. Thrivelab trademarks may not be used without permission.

15. License to Submissions
Subject to applicable limitations for protected health information, any information you submit through the Service (collectively, “Submissions”) may be treated as non-confidential and non-proprietary to the extent permitted by law.You grant Thrivelab a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right to use, reproduce, modify, distribute, and display Submissions for purposes of operating and providing the Service.

16. Prohibited Use
You agree not to use the Service for unlawful, unauthorized, fraudulent, or malicious purposes, including attempting to gain unauthorized access, reverse engineering, scraping, or interfering with system integrity.Thrivelab may suspend or terminate your access for violations.

17. Third-Party Goods and Services
Third parties may provide services or sell products through the Service. Your interactions with third parties are solely between you and the applicable third party.

Thrivelab is not responsible or liable for any loss or damage incurred as a result of third-party goods and services or interactions with third parties.

You release and indemnify the “Thrivelab Parties” (defined below) from disputes arising out of your use of the Service, subject to applicable law.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542. (Note: This waiver may not apply outside California.) For clarity, “Thrivelab Parties” means Thrivelab, its affiliates, and each of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys.

18. Terms of Sale; Payments
All products are subject to availability. We may impose quantity limits, reject orders, correct pricing errors, or cancel orders and refund amounts paid. You represent and warrant you are authorized to use your payment method. Payment processing may be provided by third parties such as Stripe.Risk of loss passes upon delivery to the carrier, unless otherwise required by law.

19. Termination
Thrivelab may terminate your use of the Service at any time for any reason without notice, including for violations or discontinuation of the Service.Sections regarding security, prohibited activities, intellectual property, user submissions, disclaimers, limitation of liability, arbitration, indemnity, and jurisdictional issues survive termination.

20. DisclaimersContent is provided as a convenience. You rely on Content at your own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACCESS OR USE IS AT YOUR SOLE RISK.TO THE MAXIMUM EXTENT PERMITTED BY LAW, THRIVELAB DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.THRIVELAB DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF SECURITY INCIDENTS.

21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE THRIVELAB PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS, WRONGFUL DEATH, LOST PROFITS, OR LOSS OF DATA.TOTAL LIABILITY SHALL NOT EXCEED USD $1,000.ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY LAW.

22. INDEMNIFICATION

22.1 Indemnification of Thrivelab Parties
You agree to defend, indemnify, and hold harmless the Thrivelab Parties and any third party offering products or services through the Service, including medical groups, providers, laboratories, and pharmacies, from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from: (i) your use of the Service; (ii) your fraud, violation of law, negligence, recklessness, or willful misconduct; (iii) any breach by you of this Agreement; or (iv) your violation of any rights of any other person or entity.Thrivelab reserves the right to control the defense of any claim for which it is entitled to indemnification. You agree to cooperate as reasonably requested.

22.2 Indemnification of Chris Powell and TransformNation (User Claims)
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless: (a) Chris Powell, (b) TransformNation, and (c) each of their respective parents, subsidiaries, affiliates, successors, assigns, and each of their and their affiliates’ respective officers, directors, managers, members, employees, contractors, agents, representatives, licensors, and content contributors (collectively, the “Powell Parties”), from and against any and all suits, actions, claims, demands, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, costs, and expenses (including attorneys’ fees and litigation expenses) asserted by you (including, if applicable, on behalf of a minor for whom you provide consent) or arising from or relating to any claim by you arising out of, relating to, or in connection with: (i) your access to or use of the Service and/or any content, materials, programs, challenges, guides, meal plans, workouts, live coaching, group coaching, exercise training videos, communications, or other services featuring, provided by, or referencing Chris Powell and/or TransformNation through the Service (collectively, the “Transformation Content”); (ii) your participation in, reliance upon, or following of any exercise, fitness, nutrition, lifestyle, or behavior-change activities referenced in or made available through the Service or the Transformation Content, including any alleged personal injury, illness, death, or property damage; (iii) any allegation by you concerning the Transformation Content, including claims sounding in negligence, product liability, strict liability, failure to warn, or otherwise; and/or (iv) any breach by you of this Agreement, or your violation of any rights of any other person or entity, to the extent such breach or violation gives rise to a claim by you against any Powell Party.

The Powell Parties are intended third-party beneficiaries of this Section 22.2 and may enforce it directly against you. You agree that the Powell Parties may, at their option, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Powell Parties in defending such claims, including by providing reasonably requested information and assistance. You may not settle any claim that imposes any admission of fault, payment, or other obligation on any Powell Party without the applicable Powell Party’s prior written consent.

This Section 22.2 is in addition to, and not in limitation of, your indemnification obligations to the Thrivelab Parties and any third party offering products or services through the Service.

23. Notices
Any notices to you from Thrivelab may be made by email, posted notice on the Service, or regular mail, in Thrivelab’s sole discretion. Notices to Thrivelab must be sent to:Thrivelab Co.
701 North Green Valley Parkway, Suite #213
Henderson, NV 89074-6177
Email: support@thrivelab.com

24. Electronic Communications
When you access or use the Service or send emails to us, you are communicating electronically. You consent to receive communications electronically and agree electronic communications satisfy any legal writing requirement.

25. Copyright
If you believe your work has been copied in a way that constitutes copyright infringement, please contact legal@thrivelab.com.

26. Entire Agreement
This Agreement, together with any policies incorporated by reference, constitutes the entire agreement between you and Thrivelab concerning the Service and supersedes prior agreements.

27. BINDING ARBITRATION / CLASS WAIVER (AAA, NEVADA)
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND THRIVELAB, YOU AND ANY OF THE THRIVELAB PARTIES, YOU AND ANY MEDICAL GROUP OR PROVIDER, OR YOU AND CHRIS POWELL, TRANSFORMNATION, OR ANY OF THE POWELL PARTIES (AS DEFINED IN SECTION 22.2), ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THRIVELAB, THE PLATFORM, THE CONTENT OR THE SERVICE, ANY TRANSFORMATION CONTENT, OR ANY OTHER THRIVELAB GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY, “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO PROCEED IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
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Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review is limited. The arbitrator may award the same damages and relief on an individual basis that a court could award.
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Payment of arbitration costs will be governed by the AAA fee schedule, unless you show your portion would be prohibitive compared to litigation costs, in which case Thrivelab will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Thrivelab also reserves the right to assume responsibility for all arbitration costs imposed by the AAA. Each party will pay its own attorneys’ fees and expenses unless a statute requires otherwise.

Location. The arbitration shall be conducted in Clark County, Nevada (Las Vegas), except that, if Clark County, Nevada is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence unless the parties agree otherwise in writing.

The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.For more information on AAA and how to file, call 800-778-7879 or visit https://www.adr.org.

Injunctive Relief; IP Exceptions. Notwithstanding the foregoing, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights; (b) claims related to theft, piracy, unauthorized use, or Computer Fraud and Abuse Act allegations; and/or (c) any claim for equitable relief, then a party may seek injunctive remedies in a state or federal court located in Clark County, Nevada, and the parties submit to personal jurisdiction of such courts.

Small Claims. Either party may assert an individual action in small claims court for Disputes within that court’s jurisdiction, so long as the action remains individual (non-class).

CLASS WAIVER. ALL DISPUTES MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. NO PARTY MAY BRING A CLAIM AS A PRIVATE ATTORNEY GENERAL OR IN A REPRESENTATIVE CAPACITY. CLAIMS OF MORE THAN ONE USER CANNOT BE CONSOLIDATED OR JOINED.

If a court or arbitrator decides that applicable law precludes enforcement of any limitation in this paragraph as to a particular claim or request for relief, then that claim or request shall be severed and may be brought exclusively in state or federal court in Clark County, Nevada. All other claims remain subject to arbitration.

Opt-Out. You can opt out of arbitration within 30 days of first agreeing to this Agreement by sending your name, residence address, and email address together with a clear statement that you want to opt out to:
Thrivelab Co.
701 North Green Valley Parkway, Suite #213
Henderson, NV 89074-6177
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ATTN: Arbitration Opt-OutNotice of Dispute. Before commencing arbitration, you must provide a Notice of Dispute including your name, address, email, a detailed description of the dispute, and relief sought. Notices must be mailed to:Thrivelab Co.
701 North Green Valley Parkway, Suite #213
Henderson, NV 89074-6177
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ATTN: Dispute NoticeIf the Dispute is not resolved within 30 days of receipt of the Notice of Dispute, either party may commence arbitration.

28. Governing Law; Venue; Severability
This Agreement is governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of Nevada, without regard to conflict of law rules.If any provision of this Agreement is held unenforceable, it will be replaced by an enforceable provision that most closely matches the intent of the original provision, and the remainder will remain in effect.

29. No Agency Relationship
Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and Thrivelab, medical groups, providers, laboratories, or pharmacies. You may not bind Thrivelab.30. AssignmentYou may not assign your rights under this Agreement. Thrivelab may transfer its rights and obligations to an affiliate or successor in connection with a merger, sale, or transfer of assets.

31. Third Party Beneficiaries
Except as expressly stated, there is no intent to create third-party beneficiary rights under this Agreement.For avoidance of doubt, Chris Powell and TransformNation (and the Powell Parties, as defined in Section 22.2) are intended third-party beneficiaries solely with respect to Section 22.2 (Indemnification of Chris Powell and TransformNation (User Claims)) and Section 27 (Binding Arbitration / Class Waiver), and may enforce those sections directly against you.

32. Contacting Us
If you have questions about this Agreement, contact:support@thrivelab.com
Thrivelab Co.
701 North Green Valley Parkway, Suite #213
Henderson, NV 89074-6177
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