THESE TERMS ALSO INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 22 BELOW FOR MORE INFORMATION.
By accessing and/or using the Services, you acknowledge that you have read, understood, and agree to be bound by the following terms of conditions set forth in these Terms. If you do not agree with these terms and conditions, you may not access or use the Services.
We may make changes to these Terms from time to time. If we do this, we will post the changed Terms on our Website and App and will indicate at the top of this page the date the Terms were last updated. You understand and agree that your continued use of the Services after we have made any such changes constitutes your acceptance of the new Terms. If Thrive makes any changes to these Terms that it deems to be material, we will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Terms posted to our Website and App from time to time to see if they have been changed.
You must be at least 18 years of age to use the Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; (c) that you are a legal resident of the United States; and (d) your registration and your use of the Services is in compliance with all applicable laws and regulations. If you are under 13 years of age, you are not authorized to use our Services, with or without registering.
Thrive Account Creation
In order to use certain of the Services, you must create an account with Thrive (a "Thrive Account"). We also request that you create a password for your Thrive Account. You agree not to disclose your password to anyone else, and you also agree you will be solely responsible for any activities or actions take under your Thrive Account, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or Thrive Account. We are not liable for any loss or damage from your failure to comply with these requirements.
Using our Services
Our Services provide you with the opportunity to apply for, and obtain, consumer loans. When registering for an Thrive Account, applying for a loan, or otherwise providing information to us, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms available through the Services or otherwise requested by Thrive; (b) maintain the security of your password and identification; (c) maintain and promptly update your information to keep it accurate, current and complete; (d) promptly notify Thrive regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Services or the terms on which you use the Services; and (e) be fully responsible for all use of your Thrive Account and for any actions that take place using your Thrive Account. If any information you provide is untrue, inaccurate, not current, or incomplete, Thrive reserves the right to terminate your loan application, decline to provide loans to you in the future, and/or terminate your use of the Services.
Use of the Thrive App
You agree to use the App in accordance with these Terms and any applicable usage rules of any third-party computer, mobile telephone, tablet or other device ("Mobile Device") or service provider or the third party from whom you are downloading the Thrive App using iTunes and/or Google Play. It is your responsibility to review the terms and conditions of any iTunes and/or Google Play and to determine what usage rules apply to you depending on (i) your Mobile Device, (ii) the method by which you downloaded the Thrive App, and (iii) the rules governed by iTunes and/or Google Play.
Thrive may offer the Services to you through our App. You acknowledge and understand that certain Services available to you through the App, including, but not limited to, your ability to conduct financial transactions or apply for a loan or review your account balance, require data access or wireless internet capability. You agree that you are responsible for any such data access or wireless internet charges of your Mobile Device service provider. The App is designed to be accessible on multiple types of Mobile Devices and operating systems. Thrive does not, however, make any representation or warrant that the App will be compatible with your Mobile Device or any specific operating system version of your Mobile Device or any other hardware, software, equipment or device installed on or used in connection with your Mobile Device. You agree that your functional use of the App may be affected by or dependent on your wireless connection and speed or your wireless service provider.
The functionality of the App could become disabled during times of poor connections or speeds from your wireless or internet service provider while conducting financial transactions, including, but not limited to, when you are attempting to change your portfolio. You agree that it is your responsibility to verify the status of any attempted transaction by reviewing your Thrive Account on the App or texting Thrive at 650-422-2612. You acknowledge and agree that Thrive, and its affiliates, agents and licensors, shall have no liability to you for any losses, financial or otherwise, suffered by you arising out of or resulting from compatibility or inoperability problems or the failure of or your failure to confirm any attempted transaction.
We reserve the right to charge fees in connection with the use of our Services. For a list of fees that may apply, please see our Website or App.
We may set a maximum dollar amount for loans or a specific loan repayment schedule if we reasonably believe restrictions are necessary or advisable for security reasons or to prevent misuse, fraud or an illegal act.
Third Party Product Providers
To obtain a loan, you may direct Thrive to retrieve your account transaction history, balance information and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions ("Third-Party Account Information"). Thrive works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you authorize Thrive to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to these Terms, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the App. Thrive does not review the Third-Party Account Information for accuracy, legality or non-infringement, and Thrive is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
Credit Report Authorization and Reporting
You expressly authorize Thrive Financial Inc. to obtain consumer reports from consumer reporting agencies about you (1) when you apply for a loan; and (2) periodically throughout the term of your loan (including in the month following the month when you pay off or otherwise satisfy the loan). You expressly authorize us to use the information that we obtain from such reports for any lawful purpose, including but not limited to: (1) authenticating your identity; (2) making credit decisions; (3) assisting with internal modeling and analysis; and (4) servicing your loan. In connection with these purposes, you authorize Thrive to share all or parts of your consumer reports with agents, partners, counterparties, or affiliates.
You also authorize Thrive to verify information in your application, and you agree that Thrive may contact third parties to verify any such information.
You understand that Thrive may report information about your loan (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to credit reporting agencies.
By accepting these Terms, you agree to receive communications from us via email or within the App.
You further consent to receive SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, with service-related information or questions about your application, loan and/or Thrive Account. You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Thrive and our agents, representatives, affiliates and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails or other means.
Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
You agree to be contacted by Thrive, our agents, representatives, affiliates, about your Thrive Account activity, balances, and other information, such as payment reminders or suspicious activity. When you consent to these Terms, you are agreeing to receive alerts through push notification(s) ("Alerts"). Receipt of Alerts may be delayed or prevented by factor(s) affecting your internet/phone provider or other relevant entities. Thrive is not liable for losses or damages arising from: non-delivery, delayed delivery, or the erroneous delivery of any Alert. You can opt out of receiving Alerts through your Mobile Device settings. Please note that opting out of receiving Alerts may impact your use of the Service.
Limitation of Liability
THRIVE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, THE APP, THE SERVICES, OR ANY OF THE WEBSITE OR APP CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEBSITE, THE APP OR THE SERVICES, EVEN IF THRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THRIVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID THRIVE IN THE LAST 6 MONTHS OR IF GREATER, $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
Intellectual Property Rights
The Services are owned and operated by the Thrive. All content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, text, data, contents, names, trade names, trademarks, trade dress, service marks, layout, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, interfaces, databases, technology, and all intellectual property of any kind whatsoever and the selection and arrangement thereof (collectively, the "Thrive Materials") are owned exclusively by Thrive or the licensors or suppliers of Thrive and are protected by U.S. copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All rights are hereby reserved. Without limiting the foregoing, no Thrive Materials available on or through the Services may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Thrive or the appropriate licensor or supplier.
As a condition of your use of the Services, you represent and warrant to Thrive that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Towards that end, access to the Thrive Materials and the Services from territories where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
Additionally, you agree that you will not:
use or access the Services in any manner that in Thrive's sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Services;
intentionally interfere with or damage the operation of the Services or enjoyment of it, by any means;
remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services;
attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service that unlawful, fraudulent or deceptive or false, misleading, untruthful or inaccurate;
use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services
use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services
utilize framing techniques to enclose any trademark, logo, or other Thrive Materials without our express written consent; or
use any meta tags or any other “hidden text” utilizing Thrive's name or trademarks without our express written consent
If Thrive, in its sole discretion, believes that you may have engaged in any activities restricted by these Terms or by law, we may take various actions to protect Thrive, other users, and other third parties from fees, fines, penalties, and any other liability. The actions we may take include the following:
we may close, suspend, or limit your access to your Thrive Account or ability to use the Website, App or the Services;
we may update inaccurate information you provided us;
we may refuse to allow you to use the Website, the App, or the Services in the future;
we may take legal action against you;
we may hold you liable to Thrive for the amount of Thrive's damages caused by your violation of these Terms or applicable law.
Thrive, in its sole discretion, reserves the right to terminate these Terms, access to its Website, its App or access to the Services for any reason and at any time with or without notice to you.
You may not use or otherwise export or re-export the App except as authorized by U.S. law and the laws of the jurisdiction(s) in which the App was obtained. You represent and warrant that you are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, or (y) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that you will not use the App for any purposes prohibited by United States law. Downloading or using our Services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our Services, including as it concerns online conduct and acceptable content.
Third Party Websites
Our Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using our Services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
To the fullest extent permitted by law, you agree to indemnify, defend and hold Thrive and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (i) your access to, use of or alleged use of the Website, the App, or the Services; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Thrive reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Thrive.
Disclaimer of Warranties
THE WEBSITE, THE APP, THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT IS OFFERED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THRIVE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE WEBSITE, THE APP, OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE, THE APP, AND THE SERVICES IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THRIVE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTINUED AVAILABILITY OF THE CONTENT ON THE WEBSITE, THE APP OR THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THRIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEBSITE, THE APP OR THE SERVICES IS FREE OF BUGS, DEFECTS, OR ERRORS, OR INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.
The Services may be temporarily unavailable from time to time for maintenance or other reasons. Thrive assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications. Thrive is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Website or the App, or combination thereof, including injury or damage to you or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Services.
You agree that we, in our sole discretion, may suspend or terminate your Thrive Account (or any part of your Thrive Account) or use of our Services and remove and discard any content within our Services, for any reason, including for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of our Services may be referred to appropriate law enforcement authorities. You agree that any termination of your access to our Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your Thrive Account and/or bar any further access to such files or our Services. Further, you agree that we will not be liable to you or any third party for any termination of your access to our Services.
DISPUTE RESOLUTION BY BINDING ARBITRATION
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH 22(c) BELOW.
Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any Claims shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Election to Arbitrate. Either party to these Terms may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 22 (the "Arbitration Provision"), unless you opt out as provided in section 22(c) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of these Terms, and/or the activities or relationships that involve, lead to, or result from these Terms, including (except to the extent provided otherwise in the last sentence of section 22(h) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Terms. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
Opt-Out of Arbitration Provision. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to 2526 W Middlefield Road, Mountain View, CA, 94043, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
Informal Dispute Resolution. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to email@example.com at any time.
Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, San Francisco, California, or any other location we agree to.
Arbitration Fees. If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
No Class Actions. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 22(h), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 22(h) shall be determined exclusively by a court and not by the administrator or any arbitrator.
Applicability of FAA. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
Survival of Arbitration Provision. This Arbitration Provision shall survive the termination of these Terms. If any portion of this Arbitration Provision other than section 22(h) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 22(h) are finally adjudicated pursuant to the last sentence of section 22(h) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
Judicial Forum for Claims. Except as otherwise required by applicable law, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and Thrive agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California. Both you and Thrive consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
WAIVER OF RIGHT TO LITIGATE. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
The following provisions of these Terms shall survive termination of your use or access to the Services: the sections concerning Limitation of Liability, Indemnity, Disclaimer of Warranties, Dispute Resolution and Binding Arbitration, and General, and any other provision that by its terms survives termination of your use or access to the Services.
You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms or any of our rights or obligations under these Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
If you have any questions regarding Thrive, the Services, or the Terms please contact Thrive at:
Thrive Financial Inc.
276 Shipley Street
San Francisco, CA, 94107