Terms of Service and Conditions of Use “Terms”
This Website and all of its content is owned and operated by Behavior Thrive, LLC (henceforth referred to as “Company”, “We”, “Us”, “Our” or “Behavior Thrive, LLC”). The terms “You”, “Your”, “Yours”, “User”, “Guest”, “Customer”, “Member”, “Subscriber”, “Client”, refer to You, as the Guest or User of this Website or as the Customer, Member, Subscriber, or Client including Client(s) of Our online individual coaching/consultation Services, Our online Couples coaching/consultation Services; or Customer(s) of Our Resources; or, as a paying Subscriber on our social media(s); or a Member of Our paid membership(s). These Terms of Service and Conditions of Use (henceforth referred to as “Terms”), along with any future updates, Disclaimer(s), Privacy Policy, and any other terms and conditions that may apply, govern Your use of https://www.behaviorthrive.com including any content, Resources or Services offered on, or through https://www.behaviorthrive.com (henceforth known as “Website”). You are required to act in accordance with these Terms, Privacy Policy, and Disclaimer(s).
These Terms are legally binding and You are legally bound by them, whether or not You have read them. These Terms require the use of arbitration on an individual basis to resolve any disputes, rather than use of a jury trial, and therefore limit any and all remedies available to You in the event of a dispute. It is Your responsibility to thoroughly read, understand, and accept these Terms prior to using this Website and prior to purchasing, viewing, downloading, accessing, or using any of Our Resources (henceforth, referred to as “Resources”) which include, but are not limited to: worksheets, blogs, programs, courses, templates, workbooks, newsletters, eBooks, masterclasses, webinars, podcasts, any free products or materials, or paid memberships or social media subscription(s), or prior to purchasing or using Our online individual coaching/consultation Services or online couples coaching/consultation Services (henceforth referred to as “Services”), offered on, or through this Website. You fully understand, are aware of, and voluntarily agree that by downloading our free materials or purchasing and/or using any of Our Resources or Services that You are waiving certain legal rights and You are voluntarily agreeing to do so.
Please review the following Terms carefully. By accessing, viewing, downloading, using, or purchasing Our Services or Resources, (or by clicking on “accept” or “agree” to these Terms, Our Privacy Policy, Consent for Services Contract, or Our Disclaimer when prompted), You agree to be bound by these Terms, Our Privacy Policy, Consent for Services Contract, Disclaimer and any other terms and conditions as they apply. Use of this Website constitutes Your acceptance of, understanding of, and voluntary agreement to these Terms. We reserve the right to amend, update, modify, change, delete, or alter this Website, its Policies, Disclaimer(s), these Terms, and any other terms or conditions associated with this Website or Behavior Thrive, LLC without notice, at Our discretion, or when applicable. Any future Resources or Services that You purchase from Us, You will be subject to Our specific Terms, guidelines, Disclaimer(s), policies, and any other terms, conditions, and agreements applicable to those Services or Resources. If these Terms are inconsistent with newer Terms, policies, guidelines, Disclaimer(s), or other applicable terms and conditions, then these Terms will control.
If You do not agree or accept these Terms, You must not access or use this Website, must not download any free eBook(s) or other free materials, must not purchase Our Resources or Services, and You must exit this Website immediately.
Use and Consent
By downloading Our free eBooks or other free materials, or accessing, viewing, using, or purchasing Our Resources or paid subscriptions or memberships, or online individual or couples coaching/consultation Services, You fully agree to, understand, and are voluntarily abiding by these Terms, as well as Our Disclaimer(s), Privacy Policy, and any other policies, and terms and conditions that may apply. You are required to act in accordance with them. Accessing, using, viewing, downloading, or purchasing Our materials, Our Resources or Services in any manner, constitutes use of the Resources and/or Services and Your agreement to be bound by these Terms.
By accessing or using this Website, Resources, or Services, You represent and warrant that You are at least 18 years of age and You agree to abide by these Terms. Resources, free materials, and Services are for users who are eighteen (18) years of age, or older. If You are under 18 years of age, any use, download, access, purchase, or registration on or through this Website, or use or purchase of Our Resources or Services is unauthorized and in violation of these Terms. The Company reserves the right to terminate your access if discovered. We do not provide our Resources or Coaching/Consultation Services to individuals under the age of eighteen (18) years of age and do not authorize any user under the age of eighteen (18) years of age to access, use, download, or purchase Our Services or Resources.
You expressly acknowledge, understand, and are fully aware that any information, education, or knowledge You gain as a result of using this Website, downloading Our free eBook(s) or materials, or purchasing Our Resources, or Services, are used at Your own risk. Behavior Thrive, LLC takes reasonable action to maintain this Website, and the Website is hosted on a reputable platform. However, We make no guarantees, promises, warranties, or representations as to the safety or security of Your individual use of this Website, free materials, Resources, Services, or third-party sites.
All purchasable, downloadable, and/or viewable information on this Website, including eBooks, newsletters, Resources, paid memberships, and online individual coaching/consultation Services, or Couples coaching/consultation Services are to be used for informational and educational purposes only. Although We strive to provide accurate, reliable, and valid information on this Website, no information provided on, or through this Website, or our Company including free materials, Our Resources, paid subscriptions or memberships, or online individual or couples coaching/consultation Services, should substitute, constitute, or replace medical, financial, therapeutic, legal, religious, personal, spiritual, or psychological advice, diagnosis or intervention. Always consult a professional in Your area of need for appropriate professional advice. No information provided on, or through, this Website, or through Our Company or Our social media channels, or in Our Resources should be used to suggest or constitute any Client contract, nor to suggest or establish any kind of relationship.
An online paid membership is only established after payment has been received and completed through appropriate third-party Merchant(s) and/or their affiliated third-party payment processor(s). A social media Subscription is only established after payment has been received and completed on the associated social media site (i.e., Instagram) and/or through their third-party payment processor(s). An online coaching/Client relationship is only established after any intake forms have been completed, signed/agree to terms, intake questions answered in completion, and Your payment has been completed through appropriate third-party Merchant(s) and/or their affiliated third-party payment processor(s). You expressly acknowledge, understand, and are aware that You are not authorized to record any video and/or audio of Your Individual Coaching session(s) with Behavior Thrive, LLC, or Your Coach. For Couples Coaching, You and Your partner both expressly acknowledge, understand, and are aware that neither Partner is authorized to record any video and/or audio of their Couples Coaching session(s) with Behavior Thrive, LLC or their Coach.
Non-exclusive Limited License
If You purchase, access, download, or use any of Our Resources, Services, become a paying Member, or purchase a social media subscription, You will be considered Our Licensee. We grant You a limited, revocable, personal, non-transferable, and non-exclusive license (“License”) to download, purchase, access, or otherwise use Our Resources our Services, including Resources provided through Our Services, including but not limited to: 1:1 Individual coaching or Program(s), 2:1 Couples Coaching Program(s), via social media Subscription(s), or paid membership(s), for Your own personal, and non-commercial use. This License is limited to only You as the purchaser and you are not authorized to transfer, modify, edit, or otherwise change any Resources or Services purchased. If you change your mind and choose not to use in whole, or part, any Coaching/Consultation Services or Program you have purchased, you are not authorized to transfer Services or Resources to another. You further acknowledge, agree to, and fully understand that you will forfeit any worksheets, workbooks, or tools yet to be provided as part of any unused coaching Services, including 1:1 Individual Coaching, 2:1 Couples Coaching, and/or any Program(s) purchased, and You will not be offered a refund. You have no right to change, edit, copy, modify, alter, republish, resell, translate, distribute, reproduce, enhance, or share, in any manner or medium, Our Resources, Services, Subscriptions, or paid Memberships to anyone, including by email or other electronic means. All content on Our Website, and in Our Resources, social media subscriptions, and paid online memberships, and Services is exclusively owned and operated by Behavior Thrive, LLC, which includes, but is not limited to, the design, look, layout, appearance, graphics, logos, or any other materials or aspects of materials provided by Us, to You. You may not use this content to create derivative works or exploit Our content in any way, shape, or form. All Resources, Services, content, logos, slogans, tag lines, and information are property of Behavior Thrive, LLC. Reproduction is prohibited. Our Resources and Services are Our property and are protected by copyright, trademark and/or other intellectual proprietary and property laws.
Prohibited Sharing
You, as a Licensee, acknowledge, agree to, and fully understand that Our Resources and Services are developed, created, and owned by Behavior Thrive, LLC. We have invested a significant amount of expertise, research, education, time, and preparation in providing high-quality Resources and Services, and to protect Our investments, Resources and Services from unauthorized and/or improper use, or distribution. Any use of Our content for which You have been granted permission to use, is for Your personal use only. You are not permitted to share, reprint, record, screenshot, republish, sell, or otherwise handout or mass produce Our Resources or Services to anyone, including Your friends, family, coworkers, or others. Each person is required to purchase their own License, separately and individually. You are not authorized to assign or transfer Your License or any of Your rights or obligations under these Terms to any other person or entity and any attempt to do so will result in voiding Your License. You are not authorized to share, distribute, upload, or otherwise distribute our free eBook(s) or other free materials, or subscription-based or membership-based materials to anyone, or through any medium, including online or via any technology. You are not authorized to share, distribute, upload, record, or otherwise distribute Our Resources, including, but not limited to: Our courses; workshops; masterclasses; membership information; newsletters; worksheets; workbooks; eBooks; or any other materials or products associated with our Resources, Services paid Subscription(s) or paid Membership(s); to anyone, or through any medium, including online or via any technology. You are not authorized to share, distribute, upload, record, or otherwise distribute Our trade secrets, including any information (handouts, worksheets, tools, or verbal or written educational instruction) provided to you through Your online individual Coaching/Consultation Services, or online couples Coaching/Consultation Services which may include, but is not limited to: behavioral or psycho-educational information, goals, behavior change implementation, behavior modification tools and procedures, or any information provided to you during your online Individual Coaching/Consultation Services or Couples Coaching/Consultation Services, or provided to you via email, to anyone, or through any medium, including online or via any technology. We reserve the right to terminate Your access to the Services or Resources at any time, for any reason, or if We find that You have violated these Terms. We will make every attempt to notify You of any violation of these Terms and give You an opportunity to remedy the violation. However, if You fail to remedy the violation or continue to violate the Terms, We will terminate Your access to the Services or Resources with no refund of fees.
When You download Our free eBooks or other free materials or products, or purchase any of Our Resources, Memberships, Subscriptions, or Services, You understand, acknowledge, and are voluntarily agreeing that You are expressly prohibited from any of the following: a) You will not copy, use, adopt, adapt, recreate, or represent any of Our Services, Memberships, Subscriptions, or Resources as Your own, or to mislead others into believing You created them, or that they are affiliated with any organization/company You may be affiliated with; b) You will not copy, share, steal, or otherwise distribute Our free materials or Our Resources, Subscriptions, Memberships, or Services for personal or commercial use at any time, or in any way, whether or not it could generate revenue to You or any entity or person(s) you may be affiliated with; c) You will not use, steal, copy, or violate Our intellectual property rights, including any trademark, trade secrets(s), patent(s), intellectual, proprietary, or other copyright or proprietary rights; d) You acknowledge, understand, and voluntarily agree that by purchasing, downloading, viewing, using, or printing our newsletter, eBooks or other free materials, Our Resources, Membership-based materials or Resources, Subscription-based materials or Resources, or Our Services for Your personal use in no way provides You any ownership, copyright, or trademark rights of the Website, Our Resources, Services, or Behavior Thrive, LLC; e) You will not share, sell, give away, copy, steal, or let another person use the products, materials, Subscription(s), Membership(s), Services, or Resources You purchased or downloaded under your limited and revocable License; f) You understand, acknowledge, and voluntarily agree that any prohibited, improper or unauthorized use of any of Our materials or products, Our Resources or Services, by You or another may give rise to civil or criminal damages as violation of these Terms, and that Behavior Thrive, LLC retains the right to prosecute for theft, misuse, or illegal use of Our materials, Our Resources or Our Services to the fullest extent of the law.
Prohibited Content
Any content You post, publish, submit, display, transmit, or contribute to this Website, including, but not limited to: images, text, audio material, video material, audio/video material, or any other material, must be legal and lawful, and must not be illegal, unlawful, infringe on Our rights, or any third-party’s rights. Any content You contribute to this Website must not be capable of giving rise to legal action, whether against You, Our Company, or a third-party. Behavior Thrive, LLC and this Website take no responsibility and assume no liability for any content posted by You, or any third-party. We reserve the right to edit or remove any content that is: 1) hosted or published on this Website; 2) submitted to this Website; 3) stored on Our Company’s servers; 4) is questionable, threatening, derogatory, obscene, invasive of privacy, infringes on intellectual property rights, is inflammatory, or goes against Our Company’s mission or vision. Any content You post, publish, submit, display, transmit, or contribute to on this Website will not contain political campaigning, software viruses, chain letters, spam, commercial solicitations, mass mailing, or anything illegal. You understand, acknowledge and voluntarily accept that You will not use any form of data mining, robots “bots”, or similar data gathering or extraction tools. You are not authorized to frame, or utilize any framing techniques to enclose, any mark, or other proprietary information, or the use of any meta tags or hidden text, or utilizing any such intellectual property without Behavior Thrive, LLC, express written consent. Any unauthorized use will automatically terminate Your non-exclusive, and limited License granted to You. Additionally, You understand that You may not use any false emails or names, addresses, impersonate anyone, or otherwise mislead Us, or anyone affiliated with Our Company. You understand, and agree that prohibited content, improper, illegal, or unauthorized use of this Website may give rise to civil damages, a civil claim, and/or a criminal offense.
General Disclaimer
Use of this Website, its content, Our Services and Resources are for informational and educational purposes only. To the fullest extent permitted by law, in no event shall this Website, Behavior Thrive, LLC, its owner, or employees, be liable for any special, incidental, direct, indirect, consequential or inconsequential damage(s) or loss(s) incurred by You or others in connection to this Website, Our Company, Our Resources, Our materials, or Our Services, including, but not limited to: any liability, accidents, loss, damage, delay, injury, harm, lost profits, death, personal or professional interruptions, loss of income or revenue, misapplication, misuse, non-use, or misunderstanding of information, physical, emotional, psychological, religious, or spiritual harm or injury or any perceived harm or injury, physical, mental, or psychological disease, loss of contracts or profits, anticipated or actual savings, anticipated or actual income or revenue, loss of goodwill, loss of data, wasted time, or any other loss(s) or damage(s) of any kind.
We make no guarantees to the accuracy of third-party statements contained herein or any likelihood of success for You as a result of these statements. If You have medical, psychological, legal, health-related, or financial questions, You should consult the appropriate professional specific to Your needs. We expressly disclaim any and all responsibility and/or liability for any actions or omissions You choose to make as a result of accessing, downloading, purchasing, using, or engaging in this Website, Our Resources, Our Subscription(s), Our Membership(s), or Our Services continued herein.
Medical Disclaimer
This Website, Resources, online individual coaching/consultation Services, online couples coaching/consultation Services, and paid Subscriptions or Memberships offered are not intended to replace, substitute, be perceived as, nor to be relied upon in any way as medical or psychological advice, medical or psychological diagnosis, psychiatric, psychological, religious, spiritual, or mental health advice, treatment, intervention or other support. You are responsible for obtaining proper intervention, diagnosis, treatment, or support from Your own physician, nurse practitioner, psychologist, psychiatrist, therapist, clergy, clinician, counselor, or other licensed or registered healthcare professional. You should never disregard or dismiss the advice or treatment of any such mental health, health care, or medical services provider, or delay in seeking such treatment or advice because of any information provided on this Website, or offered or provided by Our Resources, online individual coaching/consultation Services, online couples coaching/consultation Services, or paid memberships or subscriptions. It is exclusively Your duty to seek qualified care if You have specific concerns, questions, or a situation that requires mental or medical health intervention, diagnosis or treatment. Do not disregard, change, modify, or stop any medical or psychological advice, treatment, or intervention provided by Your primary doctor(s), based on information used, accessed, downloaded, viewed, or purchased on, or through, this Website, or any Resources or Services purchased on, or through, this Website or Our Company. If purchasing Our Resources, online individual coaching/consultation Services, online couples coaching/consultation Services, or online paid memberships or social media subscriptions, You understand, acknowledge, and voluntarily agree that We are NOT providing You any medical, psychiatric, psychological intervention, counseling, diagnosis, therapy, psychotherapy, prognosis, or any other mental or medical health treatment.
Although Dr. Annie Tanasugarn is a qualified doctor of psychology, she is not Your psychologist, doctor, clinician, counselor, therapist, or medical or psychological/psychiatric professional. The online individual coaching/consultation relationship, online couples coaching/consultation relationship, or online paid membership or social media subscription relationship between You, Behavior Thrive, LLC, Dr. Annie Tanasugarn, and any affiliates or employees is not confidential and there is no legally privileged relationship entitled to confidentiality or protected from disclosure. Information provided by You is not confidential, nor legally privileged and Behavior Thrive, LLC has a duty to comply with any applicable laws in connection with Our Resources, materials, and/or Services. You agree to defend, indemnify, and hold harmless Behavior Thrive, LLC, its owner(s), affiliates, third-party Merchant(s), officers, Licensees, third-part Payment Processor(s) and third-party service providers from any and all claims resulting from any action or disclosure made by Behavior Thrive, LLC, during, or taken as a consequence of, compelled disclosure to legal or regulatory authorities or investigations by either Behavior Thrive, LLC or legal capacity or authority. You are hereby advised to hire and consult with Your own licensed medical doctor, licensed General Medical Practitioner, or other licensed medical professional for any and all questions or concerns You may have regarding Your physical health, any medical diagnosis or disease, or any other medical questions or concerns You may have as they related to Your situation. You agree that We are not responsible for Your psychological, medical, therapeutic or psychiatric situation, Your diagnoses, prognoses, medical, mental, or psychiatric treatment or health advice, Any psychiatric, psychological, mental, medical, or therapeutic questions or concerns you have should be directed to a licensed professional in your area(s) of need. We are not legal or financial questions or concerns You have as a result of information presented on, or through Our Website, Resources, Company, or communication from email, phone, or other medium, or within Our online Services, including Our individual coaching/consultation Services, Our couples coaching/consultation Services, and Our paid memberships or social media subscriptions. Our Website, Resources, online individual coaching/consultation Services, online couples coaching/consultation Services, our online paid memberships and our social media subscriptions are for informational and educational purposes only. You are hereby advised to hire and consult with Your own licensed attorney, certified public accountant, or other financial or legal advisor for any and all questions or concerns You may have regarding Your income, Your taxes, Your personal or business finances, or Your legal situation.
Technology Disclaimer
We try to ensure the availability and delivery of our Website, Resources, and Services are uninterrupted and error-free, including Our communications and content through Our Website, social media, any private or public groups, member forum(s), email communications, webinars, online individual coaching/consultation Services, online couples coaching/consultation Services, paid memberships or subscriptions, teleseminars, pre-recorded teleseminars, pre-recorded webinars, video, courses, audio, and/or any downloadable materials or Resources. In the event of technology failures, You recognize, acknowledge, and accept Our lack of responsibility of said failure and agree to defend, indemnify, and hold harmless Behavior Thrive, LLC, its owner, and Our Website, including our Book Now button from any and all liabilities. We cannot guarantee that Your access will not be suspended, interrupted, or restricted from time to time, including time for repairs, updates, and/or maintenance. While We make reasonable efforts to support You, some technological issues fall outside of Our control and will require You to access support from a third-party provider. Although We try to limit the frequency and duration of these restrictions, interruptions or suspensions, to the fullest extent permissible by law, We will not be liable to You for damages, refunds, or for any other recourse, should Our Website, Our Book Now button, Resources, social media subscriptions, paid memberships, or Services become unavailable, or access to them becomes slow, “glitchy”, or incomplete due to any reason, including but not limited to: internet traffic volume, upgrades, system back-up procedures, system failures, overload of requests to the server(s), general network failures or delays, or any other cause which may make Our Website, Book Now button, Resources or Services intermittently inaccessible to You.
Psychological Disclaimer
Psychological Services and intervention are identified as the evaluation, diagnosis, treatment, or prognosis of mental or behavioral health disorders, which apply professional or clinical expertise to Your psychological or psychiatric needs and specific situation. Our Resources, downloadable free materials such as eBooks, online individual coaching/consultation Services, online couples coaching/consultation Services, paid memberships, paid social media subscriptions, and any related communications are NOT psychological or psychiatric services, mental, psychiatric, or psychological advice, nor any psychological or mental health intervention, and should never be confused or misconstrued as any understanding of, recommendation for, or suggestion for, psychological services, advice, or mental health or psychological or psychiatric intervention. Communicating with Us on social media, on this Website, through downloading our free materials such as eBooks, through purchasing of Our Resources, paid memberships, through purchasing of Our online individual coaching/consultation Services, through purchasing of Our couples coaching/consultation Services, through email communication, or any other medium (phone; text message) does not create any doctor/patient, doctor/Client, or confidential therapeutic relationship with You. We are NOT offering You any formal psychological intervention, diagnosis, prognosis, evaluation, or treatment associated with a psychiatric or psychological disorder, or perceived disorder. You are responsible for contacting and consulting with an appropriate medical, psychological, or psychiatric professional for Your questions or concerns pertaining to any advice You seek. Online individual coaching/consultation Services, online couples coaching/consultation Services, paid memberships, social media subscriptions, or Resources provided by Behavior Thrive, LLC are for educational and informational purposes only. None of the Services, Resources, or related information should be construed as psychological or mental health services, intervention, prognosis, diagnosis, recommendation, or advice. While Dr. Annie Tanasugarn is a doctor of psychology, she is not Your psychologist, doctor, therapist, or mental health professional. An online individual coaching/consultation relationship or online couples coaching/consultation relationship shall only be formed and established by reading, attesting and agreeing to any terms and conditions, and completing any required intake paperwork or questions provided to You and by completing Your payment for online individual or couples coaching/consultations Services, Resources, paid memberships, or social media subscriptions do not constitute, nor should be confused as, a privileged doctor/Client relationship, or any type of confidential therapeutic or mental health relationship. You are hereby advised to hire and consult with Your own licensed psychiatrist, licensed psychologist, or other licensed psychological or medical doctor for any and all questions or concerns You may have regarding Your psychological or psychiatric need(s), Your psychological or psychiatric diagnosis, or prognosis, and any other psychological or psychiatric concerns You may have.
Financial and Legal Disclaimer
Financial advice is defined as occurring between You and a certified public accountant, or financial advisor whom You hire, and who practices tax or financial services in Your area of need. Legal advice is defined as occurring between You and a licensed attorney whom You hire, and who practices law in an area that is specific to Your needs and circumstances. Our Resources, and online Services are NOT financial or legal advice, nor as a recommendation of any particular financial or legal understanding. Information provided through Our Resources or online Services is not intended to be a substitute for legal or financial advice that should be provided to You by Your own lawyer, financial advisor, accountant, or other specialized financial or legal professional. You expressly agree that We are not acting in any legal or financial capacity. Communicating or engaging with Us on social media, through email, using our Website, or by downloading or purchasing Our Resources, paid membership(s), social media subscription(s), or online Services does not create any financial or legal relationship. You agree that We are not responsible for Your finances, Your legal situation(s), Your earnings, savings, income level, the success or failure of Your business endeavors or decisions, or any legal or financial questions or concerns You have as a result of information presented on, or through Our Website, Resources, Company, or communication from email, phone, or other medium, or within Our online Services, including Our individual coaching/consultation Services, Our couples coaching/consultation Services, or Our paid memberships or social media subscriptions. Our Website, Resources, online individual coaching/consultation Services, online couples coaching/consultation Services, our online paid memberships and our social media subscriptions are for informational and educational purposes only. You are hereby advised to hire and consult with Your own licensed attorney, certified public accountant, or other financial or legal advisor for any and all questions or concerns You may have regarding Your income, Your taxes, Your personal or business finances, or Your legal situation.
Communication Electronic Notice
Registration through, or use of Our Book Now button (through Our Website, or through online or social media), downloading our free eBook(s) or other free materials, or accessing, using, or purchasing Our Services or Resources constitutes consent to Behavior Thrive, LLC in communicating with You by email, phone/text, in posting notice, or in connection with Our newsletter, new products or Resources We offer, Our Services, Resources, or security, or privacy or administrative issues relating to Your use of Our Website, Our Services, electronic communication, or Resources. You have legal right to receive free written notice of a security breach or to withdraw Your consent from receiving electronic communication, including the option to unsubscribe from Our newsletter. If You send Us an email or use Our Book Now button, use Our Website, download any free manuals or eBooks, purchase Our Services or Resources, or provide Us Your email address in any other way, You are consenting to receive our newsletter or any other communication from Us electronically. To effectuate these rights or if You have a question about Our Resources or Services: please email us at: support@behaviorthrive.com
Intellectual Property
This Website, images, text, graphics, design, layout, icons, videos, logos, taglines, slogans, trademarks and service marks are owned by, and the property of, Behavior Thrive, LLC. It is a violation of federal law to use any of Our intellectual property in part, or in sum. It is illegal to modify any of Our free materials, Our Services, or Our Resources contained on, or through, this Website. Those in violation may be subject to prosecution to the fullest extent permissible by law, including seeking full restitution, financial damages, and/or an injunction forcing You to stop Your use of Our intellectual property immediately. Our Resources, Services, and Website are property of Behavior Thrive, LLC and are protected by copyright, trademark, and other intellectual property or proprietary laws. All intellectual property remains the property of Behavior Thrive, LLC. No license to sell, distribute, copy, modify, reproduce, display, perform, or prepare a derivative work is granted or implied. Behavior Thrive, LLC will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Unless otherwise stated, Behavior Thrive, LLC owns the intellectual property and rights to all content delivered on, or through, this Website, or the Company, including all materials, Resources, and Services. At no time should Our free materials or purchased Resources or Services be used in whole, or in part in any way contrary to these Terms, and should only be used when given specific written permission to do so. If You choose to use our free materials, Our Resources, or Our Services in any way that We have not authorized, nor have provided You previous written permission, You understand, acknowledge, and agree that You will be treated as if You have stolen Our content from Us. We will take all necessary actions up to, and including prosecution to the fullest extend permissible by law.
Indemnification and Release of Claims
By accessing this Website, You agree at all times to indemnify, defend, and hold harmless this Website, Behavior Thrive, LLC, its owner, officials, employees, shareholders, volunteers, Licensees, joint venture partners, and any other affiliates from and against any and all claims, injuries, allegations, liabilities, damages, demands, suits, causes of action, losses, death, costs, expenses, attorney fees including legal fees, arising out of, related to, or in connection with, these Terms, Our free downloadable materials, Our Resources, Our paid memberships, social media subscriptions, Our online individual coaching/consultation Services and/or Our online couples coaching/consultation Services; or, Your breach of any obligation, representation, covenant, or warranty set forth in these Terms; or, in any other agreement with Us, including but not limited to: direct or indirect loss, direct or indirect damage, death, conduct incurred as a result of Your use of this Website, use, non-use or misuse of Our free downloadable materials, or use, non-use, or misuse of purchased products such as Our Resources or Services, and/or any related communications, misappropriation of copyright, trademark, patent, trade secret(s), or other intellectual or propriety right(s), infringement of the rights of privacy or publicity, defamation or libel, or any consequences incurred from technological failure(s) such as third-party payment processor error(s) or system failure(s).
You agree and fully acknowledge that the Company, its owner, and the Website are not liable for any offensive, defamatory, or illegal conduct of any Website user, including You. In NO event will the Website, the Company, or its owner, be liable to any party for any type of direct, indirect, incidental, accidental, equitable, special, consequential or inconsequential damages for any purchase of, use of, or reliance on Our Resources, Our free downloadable materials, Our online individual coaching/consultation Services or our online couples coaching/consultation Services, Our online paid memberships, Our social media subscriptions, or with those affiliated with Us in any way. You hereby release Us from any and all claims, including, without limitation: those related to lost profits; business interruptions; personal interruptions; personal or professional injuries; accidents; death; misapplication, misuse, misunderstanding, or non-use of information; or any other loss; physical, emotional, or mental disease, condition, diagnosis, issue, or otherwise, even if We are expressly or implicitly advised of the possibility of such difficulty(s), damage(s), or outcomes.
Force Majeure
We will not be held liable, or responsible to You, nor be deemed to have breached or defaulted on these Terms, Our Disclaimer, Our Privacy Policy, or any other terms or conditions for any delay in, or failure to perform any obligations due to pandemics, shutdowns (local, state and/or federal), stay-at-home orders, strikes, electronic failure, equipment failure, transmission failure, fire, earthquake, explosion, other natural disaster, war, invasion, power outage, telecommunication breakdown, national emergency, insurrection, epidemics, lockouts, labor disputes, under these Terms, or any other causes beyond Our control. We shall not be held liable for any damages or losses resulting from such failure to perform, or otherwise, from any or all other such causes.
Your Responsibility
This Website, free downloadable materials, Resources, and Services were developed strictly for educational and informational purposes only. You fully understand, are aware of, and voluntarily agree that Our Company and its owner(s) will not be held responsible for Your use, misuse, non-use, or misunderstanding, of our free downloadable materials, Our Resources, or Our Services. You understand, are aware of, and agree that You are fully responsible for use and results from Our Resources, including free eBook(s) or other materials, or Services. We make no guarantees, warranties, or representations. You fully understand, acknowledge, and voluntarily agree that results will vary from person to person, or situation to situation. You understand and voluntarily agree that Our Company and its owner(s) are not responsible for Your results, or any expenses that You may incur as a result of purchasing, accessing, using, misusing, downloading, or misunderstanding Our free materials, Our Resources, or Services. Our Company and its owner(s) assume no responsibility for errors or omissions that may appear in the Resources, Services, or Website.
Governing Law
All matters relating to these Terms shall be governed by the laws of the State of California, regardless of the conflict of laws principles thereof.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNER(S), ITS WEBSITE, STAFF, AGENTS, THIRD-PARTY PAYMENT PROCESSOR(S), JOINT VENTURE PARTNERS, VENDORS, AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, LICENSORS, SERVICE PROVIDERS, DIRECTORS, OR OTHERWISE AFFILIATED WITH US, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED BUSINESS OR SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, DEATH, OR DIMINUTION IN VALUE OR FOR ANY CONSEQUENTIAL, INCIDENTIAL, EXEMPLARY, DIRECT, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER: A) SUCH DAMAGE WAS FORESEEABLE; B) WHETHER OR NOT THE COMPANY, ITS OWNER, OR ITS EMPLOYEES, HAVE BEEN ADVISED EXPLICITLY OR IMPLICITLY OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR C) NOT WITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. WE WILL NOT BE HELD RESPONISBLE OR LIABLE IN ANY WAY FOR THE INFORMATION OR EDUCATION YOU RECEIVE RELATING TO SERVICES, OR RESOURCES THAT YOU REQUEST, PURCHASE, VIEW, DOWNLOAD, OR RECEIVE THROUGH, OR ON, OUR WEBSITE OR SOCIAL MEDIA. WE DO NOT ASSUME LIABILITY FOR ACCIDENTS, DELAYS, INJURIES, HARM, LOSS, DAMAGE, DEATH, LOST PROFITS, PERSONAL OR BUSINESS INTERRUPTIONS, MISAPPLICATION, USE, MISUSE, OR NON-USE OF INFORMATION, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE, OR OTHERWISE, DUE TO ANY ACT OF DEFAULT OF ANYONE OR ANY BUSINESS, WHETHER OWNER(S), STAFF, AGENTS, JOINT VENTURE PARTNERS, VENDORS, AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, LICENSORS, SERVICE PROVIDERS, DIRECTORS OR OTHERWISE, AFFILIATED WITH US. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY OWNER(S), STAFF, AGENTS, THIRD-PARTY PAYMENT PROCESSOR(S), JOINT VENTURE PARTNERS, VENDORS, AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, LICENSORS, SERVICE PROVIDERS, DIRECTORS, OR OTHERWISE AFFILIATED WITH US, WHO IS/ARE ENGAGED IN RENDERING OUR RESOURCES OR SERVICES, IN ANY WAY, OR IN ANY LOCATION. IN THE EVENT YOU USE OUR WEBSITE, RESOURCES OR SERVICES, OR ANY OTHER INFORMATION PROVIDED BY US, OR AFFILIATED WITH US, WE ASSUME NO RESPONSIBILTY OR LIABILTY.
You agree to indemnify, defend, and hold harmless Behavior Thrive, LLC, its Website, owner, employees, and its affiliates and their respective officers, directors, employees, agents, successors, and permitted assignees from, and against, any and all losses, claims, actions, suits, complaints, damages, death, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under these Terms, arising out of, or relating to Your breach of these Terms, or Your use, misuse, or non-use of the free materials, or the Resources or Services. The Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to assist and cooperate with Our defense or settlement of these claims.
Earnings Disclaimer
You agree, understand, and voluntarily acknowledge and accept that Behavior Thrive, LLC has not, and does not, make any claims or representations as to the mental, physical, emotional, personal, or spiritual health benefits, future income, sales volume, expenses, or potential profits or losses of any kind that may be derived as a result of Your use or purchase of our Services or use or purchase of Our Resources, including any free materials we may offer. We cannot, and do not, guarantee that You will attain any particular benefits, or results, positive, or negative, financial, medical, physical, relational, emotional, or otherwise, through or as a result of, use or purchase of Our Resources or Services. You agree, understand, and voluntarily acknowledge and accept that results or benefits differ for each person. We expressly disclaim any and all responsibility in any way, shape, or form, for Your choices, opinions, actions, results, use, misuse, or non-use of the information provided or obtained through, or by, purchase of Our Resources or Services, or use of Our Website in any manner. By purchasing, downloading, or using Our Resources or Services, You understand, agree, and voluntarily accept that Your results or benefits are strictly Your own responsibility and We are not liable or responsible to you or others in any way for Your Results.
No Warranties Disclaimer
We make no warranties, guarantees, or promises to Our free downloadable materials, Our Services, or Our Resources. This Website and any Services, or Resources are provided on an “as is” or “as available” basis without any warranties, guarantees, or promises, whether expressed or implied. To the fullest extent permissible pursuant to applicable law, We disclaim all warranties, guarantees or promises expressed or implied, including but not limited to: fitness for a particular or specific purpose, merchantability, and/or non-infringement. The Company makes no warranty(s), guarantee(s), or promise(s) that the Website, Our Services, or Our Resources will meet Your needs or requirements; will be available uninterrupted; correct; appropriate; free from errors or defects; free from bugs, harmful components, or viruses; or to the accuracy, validity, functionality or reliability of the Website, its content, or Services or Resources provided. We do not warrant or make any representations regarding the use of, or results from, Our online individual coaching/consultation Services, Our online couples coaching/consultation Services, Our paid memberships, Our social media subscriptions, free downloadable materials, or Resources, or on third-party Websites in terms of their accuracy, reliability, validity, correctness, or functionality. The Company, its owner, and the Website are not responsible to You for the loss of any content, information, or material(s) uploaded, downloaded, or transmitted on, or through the Website, or on third-party merchants used by, or in conjunction with, Behavior Thrive, LLC.
Accounts and Passwords
To gain access to Our online individual coaching/consultation Services or Our online couples coaching/consultation Services through the Book Now button, You may be required to register or sign in through Acuity Scheduling/Squarespace before You can access Our scheduling, book Your appointment or complete Your payment. If purchasing Our Resources or paid memberships, You may be prompted to sign up, or log in to Your existing account on kajabi.com or thinkific.com using Your log in credentials to complete Your purchase. If purchasing our available social media subscription(s) through Instagram, You may be prompted to sign up for an account or to log in with your existing credentials. Additionally, You may be prompted to provide and/or confirm your email address and name to receive any free eBook downloads or other free materials available on Our Website. You are solely responsible for maintaining the confidentiality, security, and privacy of Your log-in credentials including, but not limited to: Your email address, Your name, Your user name, and Your secure password, and You are liable and responsible for all activities associated with Your log-in credentials that occur under Your user information. You are not permitted to share, give, or lend Your username or password with anyone, and We reserve the right to immediately terminate Your account and access to Our Book Now button. Our Resources or Services, or any other related information if We learn that You have shared Your credentials. You agree to notify Us immediately at support@behaviorthrive.com if You suspect that Your credentials have been compromised, or there is unauthorized use of, or on, Your account. It is Your responsibility to monitor Your account. To minimize any breach of security, make sure to completely log out of Your session after each use. If You falsify information, or provide a fake email address, We have the right to immediately terminate Your account. We use Our best efforts to keep Your credentials safe. However, third-party websites may use their own safeguards, or security protocols for signing in, or accessing their website(s). You are responsible for reading and complying with their terms of service, privacy policies, and disclaimers. Except when required by law, or in good faith to conform to law, We will not share Your password, or username credentials without Your consent.
Online Commerce and Purchases
If paying by debit, credit card, PayPal or Stripe, You give Us permission to charge You for payment for Our Resources or Our Services You have selected, without any additional authorization and for which You will receive an electronic receipt as confirmation of Your payment from Acuity Scheduling/Squarespace and/or the Payment Processor You chose. Payment is required in full prior to Your first scheduled online Individual or Couples Coaching/Consultation session. Behavior Thrive, LLC reserves the right to cancel any appointments that have been reserved, but payment has not been received or has not cleared. Payment is required in full before enrollment acceptance in our online group membership(s), or in accessing our Resources. If purchasing Our social media subscription available through Instagram, Your payment is to be completed through Instagram, and/or their third-party payment processor(s). It is Your responsibility to read, acknowledge, and voluntarily accept the terms, conditions, disclaimer(s) and privacy policies of any and all third-party Merchant(s) and third-party payment processors(s) as their terms, conditions, privacy policies, and disclaimers are separate from Ours.
You understand, and voluntarily agree that You, as the Client(s) have six (6) months from purchase date to use all sessions within Your purchased package(s). After 6 months, if You have not used any or all of Your session(s) within Your purchased package(s), You are voluntarily agreeing to waive Your rights to use any unused sessions in your package(s), including, but not limited to 1:1 Individual Coaching/Consultation Services, or 2:1 Couples Coaching/Consultation Services. While We go out of our way to work with our clients to accommodate their schedule, Dr. Tanasugarn is in high demand and her schedule is often limited. For more information and our complete Terms, Disclaimer, and Privacy Policy, please read these on our website at: www.behaviorthrive.com.
You understand, and voluntarily agree to be financially responsible for all purchases made by You, and agree to use Our Resources, Book Now button, or Services for legitimate, non-illegal, personal, and non-commercial use. You understand and voluntarily agree to purchase only for yourself using a debit card, credit card, Stripe account, or PayPal account that is in Your name. You understand and voluntarily agree that the information and data You provide such as Your name and/or email address may be transferred unencrypted and may involve transmission over various networks, and/or changes to adapt or conform to these technical requirements of connecting networks or devices. All information obtained during Your purchase or transaction, or as part of Your purchase or transaction, including, but not limited to: Your name, address, billing information, Stripe, PayPal, or debit or credit card information may be collected by Us, third party “Merchant(s)”, and/or third-party payment processor(s), henceforth referred to as “Merchant(s)”.
It is Your responsibility to review the terms and policy(s) of any third-party Merchant(s) used and/or third-party payment processor(s).
Merchant(s) include any third-party individual, company, or payment processor(s) used to complete your transaction or purchase to Our Company. When Your purchase is completed to Us using a third-party (“Merchant”) individual, company, or payment processor, provided on, or through, Our Website, all information obtained during Your purchase or transaction and all of the information You provide as part of the transaction or purchase, including, but not limited to: Your credit or debit card number, Stripe or PayPal information, and contact information, may be collected by the Merchant and/or the Merchant payment processor as well. Merchant providers and payment processor(s) are considered third- parties. Third-party Merchant(s) and payment processor(s) may have privacy or data collection practices that are different or vary from Our Company. We are not affiliated with, nor have any liability or responsibility to, or for, independent policies or practices of third-party Merchant(s) or their payment processor(s). When You make a transaction or purchase for Our Services or Resources that redirects to, or requires, a third-party Merchant and/or payment processor(s) to complete Your transaction or purchase, You may be subjected to additional terms or conditions associated with the third-party Merchant and/or third-party payment processor(s). Your participation, communication, or business transactions with third-party Merchant(s) or third-party payment processor(s) on, or through Our Website or Company, and any and all purchases, terms, representations, conditions, or warranties associated with transaction, payment, or delivery related to Your transaction or purchase, are solely between You, and the third-party Merchant(s) or third-party payment processor(s). You understand, acknowledge, and voluntarily agree that We shall not be held liable, or responsible, and You agree to release Behavior Thrive, LLC, its owner, Our affiliates, payment processor(s), and Merchant(s), from any losses, or damages You incur, and agree not to assert any claims against Behavior Thrive, LLC, its owner, or Our Merchant(s), or payment processor(s), arising from Your purchase on, or through, or use of, Our Website, Our Company, or any content.
We do not tolerate, and will not accept, any threat of a chargeback, nor an actual chargeback from You, Your debit or Credit Card Company, or with Your Stripe or Paypal account. In the event that a chargeback is placed on a purchase or transaction You have made, or We receive a threat of a chargeback during, or after You have made a purchase, We reserve the right to notify all three credit bureau reporting agencies of this incident, or any other organization for inclusion in a chargeback database, or for listing as a delinquent account which may negatively impact Your overall credit score or rating. Any information We choose to report will include: Your name, purchase date, item(s) purchased, email address, order amount, and billing information. Anyone who has been deemed as a chargeback threat and wishes to be removed from these databases will need to make a timely and complete payment or to reverse any threats or chargebacks, for the amount in question of the chargeback.
“Merchant” Third-party Website Providers
Behavior Thrive, LLC may share your information with third-party Merchant(s) and/or third-party payment processor(s) when you explicitly authorize Us to share Your information or provide us Your information to complete Your purchase or transaction. Additionally, We may use third-party Merchant(s) to service various pages of the Website, including Our Book Now button, Resources, and Services pages, or to assist with Your purchase of Our membership(s), or social media subscription. Each third-party Merchant(s) use of Your personal information is dictated by their respective terms of use, disclaimers, privacy policies and payment processor(s). We currently use the following third-party Merchant(s):
Acuity Scheduling/Squarespace: Behavior Thrive, LLC uses Acuity Scheduling/Squarespace as a third-party Merchant for booking and payment of Our online individual coaching/consultation Services with Client(s) and online couples coaching/consultation with Client(s). By clicking the Book Now button on Our Website, or through Our social media, You will be redirected to Acuity Scheduling/Squarespace to complete your booking and your payment for Our Services. Payments are processed using Acuity Scheduling/Squarespace payment processors which include: Stripe and PayPal. You are responsible for reading, accepting, understanding, and voluntarily agreeing to Acuity Scheduling/Squarespace terms of service, privacy policy(s), and disclaimer(s) as they relate to You, Your transaction(s) or purchase(s) and Your privacy. You will be emailed a receipt for your completed transaction or payment, and a confirmation of your booked days/times to meet for Your scheduled coaching appointments. You are also responsible for reading, accepting, understanding, and voluntarily agreeing to the terms, conditions, privacy policy(s), and disclaimers of any and all Payment Processor(s) used by Acuity Scheduling/Squarespace, including: Stripe and PayPal.
Thinkific.com: Behavior Thrive, LLC uses thinkific.com as a third-party Merchant and third-party payment processor for completing Your purchase of Our Resources or Our paid Memberships. Clicking on Our “Thrive” page on Our Website will provide You the Resources, including any memberships, We offer through thinkific.com. Clicking on a Resource or membership we offer through thinkific.com will reroute You to complete Your purchase through thinkific.com using Your debit or credit card, or Your PayPal or Stripe account. You are responsible for reading, accepting, understanding, and voluntarily agreeing to thinkific.com terms of service, privacy policy(s), and disclaimer(s); with how Your payment is processed through, or by, thinkific.com; and their rules or regulations for accessing or viewing Your purchase which is for Your private, legal, and individual use. You will receive an emailed receipt along with confirmation of Your purchase.
Kajabi.com: Behavior Thrive, LLC uses kajabi.com as a third-party Merchant and third-party payment processor for completing Your purchase of Our Resources or Our paid Memberships. Clicking on Our “Thrive” page on Our Website will provide You the Resources, including any memberships, We offer through kajabi.com. Clicking on a Resource or membership we offer through kajabi.com will reroute You to complete Your purchase through kajabi.com using Your debit or credit card, or Your PayPal or Stripe account. You are responsible for reading, accepting, understanding, and voluntarily agreeing to kajabi.com terms of service, privacy policy(s), and disclaimer(s); with how Your payment is processed through, or by, kajabi.com; and their rules or regulations for accessing or viewing Your purchase which is for Your private, legal, and individual use. You will receive an emailed receipt along with confirmation of Your purchase.
Instagram: Behavior Thrive, LLC uses Instagram as a third-party Merchant for purchasing Our social media Subscription for a small monthly fee. By clicking or tapping on the prompts through Instagram to become Our Subscriber, You will be redirected to complete Your payment through Instagram and/or their preferred third-party payment processor(s). Payments are processed using Instagram and/or their payment processors. You are responsible for reading, accepting, understanding, and voluntarily agreeing to Instagram’s terms of service, privacy policy(s), and disclaimer(s) as they relate to You, Your transaction(s) or purchase(s) and Your privacy. You are responsible for reading, accepting, understanding, and voluntarily agreeing to Instagram’s payment processor(s) terms of service, privacy policy(s), and disclaimer(s) as they relate to You, Your transaction(s) or purchase(s) and Your privacy. You are responsible for notifying Instagram and/or their preferred payment processor(s) if You choose to cancel Your subscription at any time.
Zoom.us: Behavior Thrive, LLC uses zoom.us as a third-party Merchant service provider for online coaching/consultation sessions. By purchasing a coaching/consultation session or package with Us through Acuity Scheduling/Squarespace or by purchasing our Self-Healing Through Self-Discovery membership from our Resources, you are authorizing Us to meet with You on Zoom.us to collaborate and connect for Your individual online coaching/consultation session(s) or group coaching meetings as part of Your paid membership. You are responsible for reading, accepting, understanding, and voluntarily agreeing to zoom.us terms of service, privacy policy(s), and disclaimer(s); with how their service(s) work; benefits/risks of using online meeting platforms such as Zoom.us; and any risks to your privacy.
Our Website may contain links, redirections, or pointers to third-party content and websites that include without limitation: external sites or applications owned and controlled by third-party Merchant(s) which are not governed, owned, or controlled by Our Company. These may include, but are not limited to: social media platforms, e-commerce platforms, software platforms, educational platforms, video conferencing, payment processor(s), or news service providers. Except when required by law, We will not sell, distribute, or reveal Your email addresses or other personal information without Your consent; however, We may disclose or transfer personal information collected through the Website to third-party Merchant(s) who acquire all or a portion of Our business. You expressly agree to defend, indemnify, and hold harmless Behavior Thrive, LLC, its owner, employees, affiliates, and Our Website from any and all liabilities related to Your use or access of third-party Merchant website(s). You are responsible for evaluating whether or not You want to access or use third-party Merchant website(s), and/or third-party payment processor(s) to complete Your purchase. You represent and warrant that You have read, understand, acknowledge, and voluntarily agree to all applicable Terms and Conditions, policies or other agreements for any third-party Merchant(s) that relate to the use of, or purchase through, Our Website or Company.
We may provide You with links, redirections, or pointers to third-party Merchant websites maintained by third-parties that may take You outside of Our Website to complete Your purchase of Our Resources or Services. These links, redirections, or pointers are provided for Your convenience and the inclusion of any link, redirection, or pointer in Our Resources, Book Now button, social media subscriptions, or Services pages, to any other third-party Merchant websites and/or payment processor(s) should not be used to imply, either implicitly or explicitly, Our endorsement, approval, or sponsorship of that website or its owner(s). We do not endorse, and are not responsible for any opinions, facts, views, comments, statements, advice, notices, or external resources referenced on Our Website, Resources, or Services, or their accuracy, validity, or reliability. You are responsible for evaluating whether You choose to access or use a third-party Merchant or third-party payment processor(s). We are not responsible for, and do not endorse any features, content, advertising, products, or other materials on other websites or applications. We have no control over the content, accuracy, or functionality of those websites, and We assume no responsibility for any loss(s), damage(s), or otherwise that may arise from Your use, or access of a third-party Merchant website. We therefore do not guarantee the functionality, usefulness, completeness, safety, or accuracy of any other website or its content. You assume all risks and We disclaim all liability arising from Your choice to use third-party Merchant website(s) and/or third-party payment processor(s).
Prior to engaging in, purchasing from, or completing any commercial transaction with any third-party Merchant(s) discovered on, through, or linked to Our Website, or Company, You understand, acknowledge, and voluntarily agree to complete any and all necessary investigation and due diligence. We assume no responsibility for errors, or omissions caused by third-party Merchant website(s) that may be included in the Book Now button, Resources (including, but not limited to: subscriptions, memberships, eBooks, workbooks, courses, masterclasses, videos) or Services, or related Website content. It is Your responsibility to review the terms and conditions, privacy policy, disclaimers, and any other related terms of those third-party Merchant websites and/or third-party payment processor(s) to confirm that You understand, acknowledge, and voluntarily agree with those policies. We are not responsible or liable for any disputes, claims, or disagreements, between You and any third-party Merchant(s) or third-party payment processor(s) in connection with Your use, or purchase of, Our Resources, or Services. You release Behavior Thrive, LLC, and the Website, its owner, employees and affiliates of all claims, demands, or damages in connection with any dispute or disagreement. You assume all risks associated with dealing with third-party Merchant(s), third-party payment processor(s) and You also agree to resolve any disputes or claims directly with these third party Merchant(s), and/or their third-party payment processor(s) and not to involve Us in these disputes or claims.
Psycho-Educational, Behavioral & Gottman™ Method
Behavior Thrive, LLC utilizes psycho-educational and behavioral approaches for all Individual and Couples Coaching/Consultation Services; and all Resources, including but not limited to: free downloadable materials, eBooks, printouts, courses, masterclasses, workbooks, subscriptions, and memberships. Psycho-educational approaches include education, teaching, and providing graphs, printouts, or other supports as needed, in helping educate clients, customers, subscribers or members on skills or concepts. Behavioral approaches include actionable goals, homework, behavior plans, behavior change, tracking, and modifying goals as needed as part of a comprehensive behavior change program. Behavior Thrive, LLC and Dr. Annie Tanasugarn additionally utilize The Gottman Method™ for working with Couples. This means that Couples Coaching/Consultation additionally includes tasks that are specific to Couples, which may include: assessments, role playing, or other modalities that support building healthy connection between Partners.
Limitations of Services for Couples Coaching
Couples coaching/consultation is for Couples who have a relatively stable and secure relationship and who are seeking ways to increase their: communication style, sexual connection, emotional intimacy, conflict resolution, work/life balance, or working through past trauma that is affecting their current relationship, or increasing quality time together as a Couple. Couples coaching/consultation IS NOT for Couples who are experiencing domestic violence, or Couples who have a history of abuse and/or domestic violence. Couples Coaching/Consultation is not appropriate for domestic abuse cases, and Couples often require more intensive intervention(s) when domestic abuse is present, or has occurred in the past. Because of the limitations to Couples coaching/consultation, both You and Your Partner are responsible for reading, acknowledging and voluntarily agreeing to the limitations associated with Couples Coaching/Consultation. By purchasing a Couples Coaching/Consultation package from Behavior Thrive, LLC, both You and Your Partner are agreeing to these terms and affirming that Your relationship with your Partner does not include any current, past, or ongoing domestic violence or abuse.
Workbooks, Informational Graphs, Behavioral Change Tools & Other Actionable Resources
Individuals and Couples who purchase single or package sessions from Behavior Thrive, LLC understand, acknowledge, and voluntarily agree to the following: a) No Client, Customer, Subscriber, or Member at any time shall copy, use, adopt, adapt, recreate, upload, download, or distribute any materials, eBooks, workbooks, pamphlets, informational tools, behavior charts, assessments, or any other products that are intellectual property rights of Behavior Thrive, LLC and Dr. Annie Tanasugarn b) any tools, guides, workbooks, or actionable resources provided to You (or Your Partner, if applicable) are part of Your Individual or Couples Coaching/Consultation services or as Resources purchased as a paying Customer; or as tools or other actionable Resources as part of Your subscription or Membership; c) any information provided to You (or Your Partner, if applicable) are to be used exclusively for Your online Coaching/Consultation session(s) with Behavior Thrive, LLC, or as part of Your purchase of a subscription, membership, or Our Resources; and d) materials provided are to be used exclusively as aides in supporting Your empowerment, either individually or as part of Couples Coaching/Consultation, or as part of Your purchase of Our subscription, membership, or Resources.
Personal Responsibility and Assumption of Risk
As Our Client, Customer, Subscribers, or Member, You agree that You are using Your own best judgment in downloading, purchasing, or using Our Resources or Services, and You agree that You are doing so at Your own risk. Our Resources and Services are for informational and educational purposes only, and any information presented on, or through, Our Services, social media, or Resources, including any free materials offered on our Website, are made available for informational and educational purposes only. You agree and understand that You assume all risks and no results are guaranteed in any way related to Our Services or Resources, including, but not limited to: Our subscriptions, memberships, eBooks, workbooks, courses, masterclasses, videos, or other actionable tools or materials offered. We do not warrant the accuracy, completeness, reliability, suitability, or quality of any such information. Our Services and Resources are merely to provide You with educational tools and informational data in helping You make more informed decisions for yourself. You are solely responsible for Your actions, decisions and results based on the use, misuse, or non-use of Our Services or Resources.
We take precautions to protect Our Services and Resources. However, due to the nature of the Internet, We cannot completely ensure or warrant the security of the information transmitted to Us on or through Our Website, Book Now button, or Our Services or Resources. Use of technology cannot be guaranteed to be 100% secure, and use of email, social media, e-commerce, text messaging, or any other electronic medium used for transmitting information are not guaranteed to be 100% safe or secure. Behavior Thrive, LLC does not ensure, warrant, or guarantee that Your Personal Information will not be accessed, altered, disclosed, improperly used, or otherwise mishandled by a breach of safeguards employed by Behavior Thrive, LLC, third-party Merchant(s), or third-party Payment Processor(s). By transmitting authorizing, or use of, any such information to, on, or through, the Company, Website, third-party Merchant(s), or third-party Payment Processor(s), You accept that You do so at Your own risk. You use the Website, Services, social media, and Resources at Your own risk, as well as complete and/or authorize transactions, communication (email, phone, audio/video conferencing, or any other communication medium), or purchases at Your own risk. Submitting information on, our through, Our Website, Book Now button, electronic communication, third-party Merchant(s), third-party payment processor(s), or Our Services or Resources, is done entirely at Your own risk and You agree that You are assuming such risks. For further information on how We protect Your information, please see Our Privacy Policy.
Cookies
Cookies are small data files that are stored on Your browser by the Website. We may use session cookies which expire when Your browser is closed, and persistent cookies which will stay on Your browser until deleted. We may use standard cookies features of major web browsers. Cookies allow for remembering Your choices You make when You use the Website, such as remembering Your log in credentials, to provide You with a more personalized experience. You may disable cookies through Your web browser’s settings, however, this may limit, diminish, or disable the functionality of Your experience on Our Website, along with some features associated with Our Book Now button, Services, or Resources. Cookies that are already set may be deleted at any time by accessing Your Internet browser settings, or using other software programs. We do not have access to, or control over what information, if any, is collected by other individuals, third-party Merchant(s), third-party payment processor(s) or websites that may be linked to Our Website, Services, Book Now button, or Resources pages. It is Your responsibility to thoroughly read, understand, and voluntarily agree to third-party Merchant(s) and third-party payment processor(s) terms on their associated websites.
Privacy Policy
Review Our Privacy Policy for how Your information is handled.
Confidentiality & Privacy
To register or use our Book Now button, provide you email, social media, or text message communication, schedule, update, or cancel individualized coaching/consultation Services, purchase Our Services or Resources, or as the winner of a subscription-based prize, We may seek personal data or information including Your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, or other identifying information, or You may offer or provide a comment, photo, image, video or any other submission to Us (henceforth, referred to as “Personal Information”) when using or participating in Our Services or Resources. By providing such information to Us, You grant Us permission to use and store this information in accordance with Our Privacy Policy. We, in turn, will use Our best efforts to keep Your Personal Information safe, and secure, in accordance with these Terms, and Our Privacy Policy. It is Your responsibility to thoroughly read Our Terms, disclaimer(s) and policies. If You believe Your information is incorrect, or have questions regarding deletion of Your information, please email us at: support@behaviorthrive.com
However, due to the nature of the Internet, We cannot completely ensure, warrant, or guarantee the security of Your Personal Information or of any other data or information transmitted to Us, or by Us on Our Website, Book Now button, through electronic communication, or on Our Resources or Services pages; therefore submitting Your Personal Information, data or other information is done at Your own risk. We make no assurances or guarantees about Our ability to prevent any such loss, misuse, to You or to any third-party arising out of any such loss, misuse, or alteration. At no time should You submit sensitive Personal Information to the Website, or through an affiliated “Merchant” or other third-party. This includes, but is not limited to: Your social security number, Your race, ethnicity, gender, sexual orientation, health information, religious affiliation, political affiliation, criminal background, memberships, unions, or any other personal, or sensitive information.
What We Do With Personal Information
We may request, or require various types of personal data and/or Personal Information in order to meet Your personal needs, for winner notification on subscription-based drawings, to best understand how to provide You the best Services or memberships, or to improve the quality of Our Resources. We may additionally use such data and/or Personal Information for any or all of the following reasons: 1) for Our internal record and data keeping; 2) to improve upon Our Resources or Services We offer Customer(s) or Client(s); 3) to periodically send email promotions about upcoming offers, or new Resources available, from which You can unsubscribe at any time; 4) to gather anonymous and non-identifiable raw data collection for data research purposes.
Storage
All data and Personal Information is stored through a data management system. All data Personal Information can only be accessed by an Administrator or those who help manage the information. You understand, acknowledge and voluntarily agree that We, including but not limited to: Our Website, Behavior Thrive, LLC, its owner, employees, staff, affiliates, and any Administrator who manages the data management system may have access to Your Personal Information.
Confidentiality and Disclosure
All Personal Information is held in strict confidentiality and will not be disclosed to third- parties, except that We may disclose Personal Information and/or personally identifiable or sensitive information pursuant to: 1) these Terms, Our Privacy Policy, Our Disclaimer, or any other terms as they apply; 2) To comply with legal proceeding, due process, or any legal processes served on Us, Our partners, affiliates, Merchants, investors, or others affiliated with Us; 3) As required by law or in good-faith to conform to the law; (4) to protect Our investments, or Our proprietary or copyrighted materials; 5) To protect the personal safety of ourselves, Our Website users, Clients, Customers, Subscribers, Members, affiliates, Merchants, or the general public. We do not sell or lease Your Personal Information to third-parties, unless we have Your permission or are required to do so, by law. It is your responsibility and liability to read, acknowledge, and voluntarily agree to any terms, conditions, or policies on how your Personal Information may be managed, used, accessed, stored, collected or protected with third-party Merchant(s) and/or third-party payment processor(s).
Public Viewing
Whenever You choose to make Your Personal Information available for viewing by others, it becomes public domain. As such, any information You provide through Our Book Now button, Our Services, Our Resources, Our social media Subscriptions, or Our paid memberships, that You have made available for public viewing will be publically visible, and may be seen, viewed, shared, collected, heard, downloaded, or saved by others. Therefore, We cannot be responsible for any unauthorized use by others of Your Personal Information You voluntarily choose to share online, or in any other manner.
The Children’s Online Privacy Protection Act
This Website and Behavior Thrive, LLC do not knowingly collect or solicit personally identifiable information from, or about, children under eighteen (18) years old. If You are a child under 18 years old, please do not attempt to register for, or purchase, Our Services or Resources, nor send any personal information about yourself to Us. If you are under eighteen (18) years old, please do not sign up as Our social media subscriber, or as part of a membership. If We learn We have collected personal information from a child under 18 years old, We will delete that information as quickly as possible. If a legal parent or guardian believes that Your child may have provided Us personal information, please email us at: support@behaviorthrive.com
Dispute Resolution, Class Waiver, Waiver of Jury Trial & Binding Arbitration
Behavior Thrive, LLC, includes, without limitation its owner, employees, shareholders, directors, officers, independent contractors, partners, affiliates, Licensors, agents, and successors. Prior to taking any action, You understand, acknowledge, and voluntarily agree to informally and amicably resolve any and all disputes related to Your use or purchase of Our Services or Resources. You will promptly notify Behavior Thrive, LLC of Your dispute in writing within fifteen (15) days, and include Your reason(s) for contact, Your complete name, Resources or Services purchased, and date of purchase at: support@behaviorthrive.com to discuss Your dispute. However, should We be unable to seek an informal and amicable resolution within a reasonable amount of time, You agree that the only method of legal dispute resolution that will be used is binding arbitration before a single Arbitrator, selected jointly, and in accordance with the rules of the American Arbitration Association. Prior to seeking arbitration, You will send an email to Us at the above email address. You acknowledge, understand, and voluntarily agree now that the only remedy which can be awarded to You through arbitration is a full refund of Your payment(s) made to date. No other actions, claims, consequential or inconsequential damages, financial awards, or any other type of damages or losses may be granted to You. Arbitration means that We both agree now that the decision of the Arbitrator is final and binding, and may be entered as a judgement into any court having appropriate jurisdiction. You and Behavior Thrive, LLC agree that the prevailing party shall be entitled to the recovery of reasonable attorney’s fees and costs, in addition to any award of damages.
For all disputes or claims related to Your use or purchase of Our Services or Resources, You hereby agree NOT to join a class action lawsuit, serve as a representative or jury of a class action lawsuit, obtain a jury trial, or seek to obtain any injunctive relief, and are expressly waiving all Your rights thereto, and thereof. In the event of a dispute between You and Behavior Thrive, LLC, You agree to not engage in any conduct or communication that is found to be slanderous, libelous, or otherwise disparaging to Our Company, its owner, the Website, Our Resources, Services, or any related materials or programs, whether public or private, including social media, or You will be immediately removed from the Book Now button, all Resources, Services, and related communications, including but not limited to: phone conversations, email correspondence, other electronic correspondence, or video chatting. We reserve the right to file a civil claim against You for any damaging or disparaging actions You take that materially, economically, socially, or ethically harm Our Company, its owner, or employees. Where requested by law or as part of arbitration, are You permitted to share Your thoughts as part of the legal process. Should any of these Terms be construed to be invalid or unenforceable for any reason, it will not affect the validity or enforceability of any other terms, conditions, or agreements which will be given full force, and full effect.
You also acknowledge, understand and agree to, with respect to any dispute with the released parties arising out of, or related to Your use of Our Resources or Services, that under these terms:
By downloading, using, viewing, accessing, or purchasing Our Resources which include, but are not limited to: our social media subscription, memberships, workbooks, masterclasses, eBooks, courses, worksheets, videos, or all other actionable tools or Resources, or Services, You are agreeing to a modification of the statute of limitation such that: a) Any arbitration must begin within one (1) year of the date of Your email or it is forever barred and You wave Your rights to seek dispute resolution by arbitration, or to take any further legal action; b) You are giving up Your right to have a trial by jury; c) You are waiving Your right to injunctive relief; d) You are giving up Your right to serve as a representative, as a private attorney general and/or in any other representative capacity, or to participate as a member of a class action as part of a group of claimants, in any lawsuit or such dispute; e) You agree that should arbitration take place, it will be held in California, and the prevailing party shall be entitled to all reasonable attorney’s fees, costs, and damages necessary to enforce the decision of the Arbitrator. These Terms shall be governed by the laws of the state of California, regardless of the conflict of laws principles thereof.
Refund Policy
Your satisfaction with Our online individual coaching/consultation Services, our paid memberships, or Resources is very important to Us. We strive to please Our customers, Our online coaching Clients, Our social media subscribers, and Our paid membership members with exceptional service, and high quality products. Because of the extensive time, preparation, overhead costs, effort, and care that go into Our Services and Resources, We have a No Refunds policy in place. Unless otherwise provided to You by law, You understand, acknowledge, and voluntarily agree that Behavior Thrive, LLC does not provide any refunds for any portion(s) of Your payment, in whole, or in part, for any of Our online individual coaching/consultation Services, online couples coaching/consultation Services, social media subscriptions, online paid memberships, or Resources. At no time will any refunds be provided to You. By using this Website, and/or purchasing Our Services or Resources, You understand and voluntarily agree that All Sales Are Final, and no refund will be provided. You agree to make timely and complete payments to Behavior Thrive, LLC for Your purchases.
Errors and Omissions
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Book Now button, Resources and Services. However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure. We make no warranty or guarantee as to the accuracy, timeliness, performance, validity, reliability, suitability, or completeness of the information on Our Website, or in Our Resources or Services. While We make every effort to present You with accurate, and up-to-date information, some technological issues are far outside Our control and will require You to access support from a third-party provider. Similarly, because academic and scientific research are constantly evolving, We cannot be held liable, responsible, or accountable, for the accuracy of Our content. By accessing Our Website, or purchasing Our Resources or Services, You voluntarily acknowledge that such information may contain errors, outdated data or statistics, or other inaccuracies, and We will not be liable for any such errors, or inaccuracies to the fullest extend permissible by law.