ANSWERS TO YOUR FREQUENTLY ASKED QUESTIONS

This AGREEMENT is dated and in effect as of the date of your payment submission. “You” and “your” will refer to you and will also refer to the Client or Partner as defined in the relevant Agreement, and Thrive Collective Shop LLC (hereafter referred to as “TCSHOP”. TCSHOP offers a variety of features (“Products”) that each includes different attributes. If you subscribe to, are given access to, or purchase (for resale or for Your use) a Product listed below, in addition to your agreement with TCShop, Subscription Schedule(s) and Statement(s) of Work (the “Agreement”), the associated terms apply to your access and use of such Products. Capitalized terms used in the Product Terms and not otherwise defined have the meanings given to such terms in the  Agreement. In your Agreement, Products may be referred to with other terminology. As applicable, references to other terminology in your Agreement will be deemed references to the applicable Product in these Product Terms. When you make a payment for any service or product to TCHSOP you are agreeing to all of the terms.

LIMITATION OF TCSHOP’S LIABILITY

TCSHOP SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF USE OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER, HOWSOEVER ARISING, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE OR OTHER TORT, EVEN IF THE PARTIES OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISCLAIMERS

a)  In addition to any and all disclaimers in your Agreement, you agree that TCSHOP is not obligated to provide any maintenance, technical or other support for the Product(s) except as set forth in your Agreement with respect to the Product(s).  TO THE FULLEST EXTENT UNDER APPLICABLE LAW, TCSHOP MAKES NO, AND DISCLAIMS ALL, WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTEES, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR OTHERWISE. THE TCSHOP PRODUCTS AND TCSHOP WEBSITE, AND OTHER WEBSITES, DATABASES AND/OR THIRD PARTY PROGRAMS CONTAINED WITHIN THE PRODUCTS, MAY CONTAIN BUGS, ERRORS, PROBLEMS AND/OR OTHER LIMITATIONS. TCSHOP HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR ANY CHANGES MADE TO THE CLIENT CONTENT OR TO YOU AS A RESULT OF TCSHOP’S ASSISTANCE IN IMPLEMENTING ANY PRODUCT FEATURES, ANY OTHER PARTY’S SECURITY METHODS AND PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF, OR INABILITY TO USE, TCSHOP WEBSITES, DATABASES AND/OR PROGRAMS. TCSHOP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT ANY OTHER PARTY’S SECURITY METHODS, PRIVACY PROTECTION PROCEDURES AND/OR ANY PARTY’S USE OF TCSHOP’S WEBSITE, DATABASES AND/OR PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE. TCSHOP WILL NOT BE LIABLE OR CONSIDERED IN BREACH OF THESE PRODUCT TERMS OR THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND TCSHOP’S CONTROL. IN NO EVENT SHALL TCSHOP ’S TOTAL LIABILITY TO YOU UNDER THESE PRODUCT TERMS OR ARISING OUT OF OR RELATED TO YOUR USE OF THE SPECIAL PRODUCTS EXCEED ONE HUNDRED DOLLARS (USD $100.00) IN THE AGGREGATE FOR ANY AND ALL CLAIMS. THE FOREGOING LIMITATIONS OF LIABILITY REFLECT A DELIBERATE AND BARGAINED FOR ALLOCATION OF RISKS BETWEEN YOU AND TCSHOP . To the extent any liability of TCSHOP cannot be disclaimed, excluded or limited under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law. For the purposes of clarity, to the extent that TCSHOP has previously represented and warranted that the execution and delivery of the Product(s) will not conflict with or violate in any material manner, any applicable law, rule, regulation, judgment, order or decree of any government, governmental instrumentality or court of competent jurisdiction, it is acknowledged and agreed that such representation and warranty will apply exclusively to TCSHOP’s provision of the Products to you and will not apply to the delivery and use of the Products to any end user.

TCSHOP continues to innovate and update our Products and features and as such, these Product Terms may change from time to time. You should check back frequently to ensure that you understand all applicable policies and terms in these Product Terms and any changes hereto. In the event that TCSHOP makes a material change or changes to these Product Terms that adversely impacts your rights under your Agreement, TCSHOP will provide notice via email to the contact on file.

PERMISSIONS & RELEASES The Client agrees to indemnify and hold harmless TCSHOP against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release. Before including any materials in the Work, the Consultant agrees to use reasonable best efforts to ensure all such materials have the appropriate permissions or release. Notwithstanding the aforementioned, Consultant agrees not to use materials that the Consultant is unable to obtain the necessary permissions. Consultant will indemnify and hold harmless Client against any and all claims, costs, and expenses, including attorney’s fees, resulting from Consultant’s breach of this Agreement.

MUTUAL CONFIDENTIALITY You and TCSHOP acknowledge that during the course of this Agreement, information concerning both Parties pricing, products, trade secrets, finances, personal data and other information which is competitively sensitive and proprietary, may be disclosed to You or TCSHOP orally or in writing, in tangible or intangible form, including, without limitation, technical, operating, business, marketing and financial information, computer software and data, physical objects and samples (collectively, the “Information”). Both Parties acknowledge that disclosure of the Information would materially injure the other’s competitive position in the marketplace. Both Parties therefore agree, to the maximum extent permitted by law, to keep confidential and not to disclose any of the Information to any other person or entity, or use such Information for any purpose other than as expressly contemplated by this Agreement. You acknowledge that such Information constitutes confidential and proprietary trade secrets, the disclosure of which would materially injure the others business and competitive position. Each Party shall cooperate with the other with respect to any and all action necessary or appropriate to resist disclosure of such information and documentation including, without limitation, commencement or defense of any legal actions related to such disclosure. In the event either Party is required by law to disclose any of the Information, the Party shall properly give written notice to the other.

COPYRIGHT & USAGE No need for any licensing or copyright credit, you are free to use them for your own social media channels or for any of your clients who purchase your services. You can copy/paste and include the exact content you see in your subscription or feel free to change it. You can add your logo or your client’s logos over the images, etc. 

You cannot resell or redistribute the templates, design assets, icons, or parts of them in any way.

REFUNDS No refunds or credits will be provided. Includung for partial months of service, upgrades/downgrades, or for months unused with an open account. If you downgrade your Plan, you need to process the cancellation of your current Plan, and begin a new Plan, then your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. TCShop does not accept liability for such loss. If you upgrade your Plan, you need to process the cancellation of your current Plan, and begin a new Plan, then your credit card will automatically be charged the new rate beginning with your next billing cycle. Upgrading your Plan may cause the loss of account content, features, or capacity. TCSHOP does not accept liability for such loss. You represent and warrant that all third party content, including but not limited to customer information and customer lists that you (and in the case of an agency or reseller, your clients directly or indirectly) provide toTCSHOP and any communications you send (and in the case of an agency or reseller, your clients directly or indirectly) arising out of or in connection with your use of the Products, is accurate and up to date and will be in compliance with all laws, rules or regulations including but not limited to 15 U.S.C. §§ 7701-7713 (the CAN-SPAM Act), 47 U.S.C. 227 (the Telephone Consumer Protection Act),  the Personal Information Protection and Electronic Documents Act, and all national laws implementing such Directives and any and all relevant data privacy laws, rules, regulations, codes of practice and best practices (as may be amended, re-enacted or replaced from time to time) (collectively, “Marketing Laws”). You further acknowledge that you are responsible for your own compliance (and in the case of an agency or reseller, your clients’ compliance) with all applicable Marketing Laws in connection with your use of a Product, and you represent and warrant that you comply (and in the case of an agency or reseller your clients comply) with all such Marketing Laws.  Accordingly, you represent, warrant and covenant that: (i) the customer lists were not created or shared with TCSHOP in a manner that violates applicable Marketing Laws; (ii) each recipient has been given clear and conspicuous notice that his or her e-mail address and/or other contact information can be shared; and (iii) each recipient has given any required consent to receiving commercial e-mail and other forms of communication, including, but not limited to text messages; and (iv) you (or in the case of an agency or reseller your clients) will be considered the sender of any communications under applicable Marketing Laws.

You represent and warrant that you have obtained or procured any and all necessary rights and permissions to grant TCSHOP the right to publish, transmit, display, and host third-party content transmitted by you or on your behalf (and in the case of an agency or reseller transmitted by your clients directly or indirectly) to TCSHOP and to use third-party content, in both a personally identifiable form and in a de-identified or aggregate form, to provide the Product to you. You will provide (or in the case of an agency or reseller, ensure that your clients provide) TCSHOP with information and updates to customer information or opt-out requests promptly after receiving applicable requests under the Marketing Laws; You will ensure (or in the case of an agency or reseller, ensure that your clients ensure) that any customer lists have been run against the most relevant suppression file operated by the relevant preference service (where available under the applicable laws) and you will not provide(or in the case of an agency or reseller, ensure that your clients do not provide) TCSHOP with any email addresses and/or other contact information, including, but not limited to phone numbers, that have previously opted out of receiving commercial messages from you; and you agree that TCSHOP reserves the right to cap the number of emails and other forms of communication, including, but not limited to text messages, that may be sent using through or in connection with any Product(s) at its sole discretion. You acknowledge and agree that you are solely responsible for any data and/or content you submit through any Product(s).

b)  Photos and Videos TCSHOP may offer features that allow you to link to and share public photos and videos posted on various social media sites (e.g. Instagram). For any photo or video collected via this feature that you display or link to, you hereby represent and warrant to TCSHOP that you have the full legal right, power, and authority to share, display or link to such photo or video. You further represent and warrant that you will not use this feature in a manner that would be: (i) unlawful, or (ii) infringe, violate, or otherwise interfere with any intellectual property right, privacy right, or publicity rights of another party. TCSHOP reserves the right to withdraw your access to this feature at any time and for any reason.

SOCIAL MEDIA MANAGEMENT TERMS You acknowledge and agree that (i) TCSHOP is not providing, maintaining or becoming otherwise responsible for any software relating to the operation of your social media marketing, and (ii) all content of yours or clients of yours social media profiles will be provided to TCSHOP by you or your designees, and TCSHOP shall not be responsible for any content so provided. You hereby agree to defend, indemnify, protect, and hold TCSHOP and its agents and employees harmless from and against any and all liability for damages and expenses (including, without limitation, court costs and reasonable attorneys’ fees), incurred as a result of] arising in any way from the act or omission of yours, your employees, agents, or designees ,including, without limitation, any claims arising from content of your website and/or proprietary software, and/or your clients websites, social media accounts, and/or proprietary software. TCSHOP will utilize and review all approved sources of content including website, social media sites, google drive media, etc for the purpose of curating content where applicable. As applicable, TCSHOP will upload content provided by the client in association with monthly requests and client-provided comments (which include requested content for posting). Additionally, TCSHOP will extract data, imagery, media, information, facts, discounts, etc from the client’s website and assets as applicable. TCSHOP will edit, approve, and manage scheduled messages through various 3rd party software(s) to the following social media sites: Facebook Business Page, Twitter, Instagram Business Accounts, Google My Business, TikTok, Pinterest and LinkedIn accounts. *Additional social media sites may be implemented upon the process of an upgrade fee. a. TCSHOP’s social media management team operates fourteen (14) to thirty (30) days in advance. All content and requests which a client uploads must be available according to that timeframe. This excludes Saturdays and Sundays and holidays. The general hours of operation for TCSHOP are Monday through Friday 9AM EST – 3PM EST. That means that depending upon the day You register for social media services you may not see live/active content from TCSHOP until the next applicable calendar month. b. If there is a file type that is not supported by Google Drive, Chrome, Windows, Android, etc, it may run the risk of not being able to be used by TCSHOP. File types that are generally supported include .JPG and .PNG for imagery, and .MP4 for video. c. There may be instances where a social media network does not support video, URL, or imagery that is outside the control of TCSHOP, in those instances, the imagery or video will not be scheduled or posted. d. TCSHOP posting schedule will typically be in EST, however, that may vary based on the contractors in which TCSHOPhas hired to support posting and scheduling of content. e. TCSHOP will review content before it is scheduled to check for grammar, spelling, punctuation, syntax, accuracy, and that it meets each client’s requests based on the Content Strategy documents. TCSHOP makes no guarantee of perfection for any of the aforementioned grammatical and editorial reviews. 

Privacy Policy

This Privacy Policy governs the manner in which the School collects, uses, maintains and discloses information collected from users (each, a “Student”) of the School. This Privacy Policy applies to the School and all Courses offered by the School.

Personal identification information

We may collect personal identification information from Students in a variety of ways, including, but not limited to, when Students enroll in the School or a Course within the School, subscribe to a newsletter, and in connection with other activities, services, features, or resources we make available in our School. Students may visit the School anonymously. We will collect personal identification information from Students only if they voluntarily submit such information to us. Students can refuse to supply personal identification information but doing so may prevent them from engaging in certain School related activities.

How we use collected information

TC SHOP may collect and use Students’ personal identification information for the following purposes:

•  To improve customer service
  Information you provide helps us respond to your customer service requests and support needs more efficiently.

•  To personalize user experience
  We may use information in the aggregate to understand how you use our services and resources provided in our membership, done-for- you content and more.

•  To send periodic emails
  We may use email addresses to send customers and prospective customers information and updates pertaining to an order or interest. Email addresses may also be used to respond to inquiries, questions, or other requests.

Sharing your personal information

We do not sell, trade, or rent personal identification information to others.

Third party websites

You may find advertising or other content at TCShop that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from our School. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Student, is subject to that website's own terms and policies.

Changes to this Privacy Policy

TCShop has the discretion to update this Privacy Policy at any time. We encourage you to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Your acceptance of these terms

By paying for or subscribing to any service including our newsletter, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not sign up for or pay for any TCShop services or subscriptions. Your continued patronage or subscribership in the TCShop services or subscripions following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.