Terms of Service

Effective Date: 11/23/2024
Last Updated: 03/09/2026

Welcome to THRIVE Health & Vitality (“THRIVE,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, www.thrivehealthandvitality.com, and any related websites, pages, forms, scheduling tools, communications, content, features, and online services we make available (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. No Medical Advice Through the Website

The content on this website is provided for general informational and educational purposes only. It is not medical advice, diagnosis, or treatment, and it is not a substitute for professional medical judgment or an in-person or telehealth evaluation by a qualified healthcare professional.

Your use of this website does not create a provider-patient relationship with THRIVE or any of its clinicians unless and until you are formally accepted as a patient and that relationship is established through our required intake, consent, and clinical processes.

Do not disregard or delay seeking medical advice because of something you read on this website. If you believe you are experiencing a medical emergency, call 911 or go to the nearest emergency room immediately.

HHS explains that telehealth and healthcare delivery involve distinct legal considerations including informed consent, privacy, security, liability, and licensure.

2. Eligibility to Use the Services

You may use the Services only if you are legally able to enter into a binding agreement. If you use the Services on behalf of another person or entity, you represent that you have authority to do so.

If you are using the Services on behalf of a minor or dependent, you represent that you are the parent, legal guardian, or otherwise authorized representative.

3. No Guarantee of Availability or Acceptance as a Patient

Accessing our website, submitting a form, sending a message, requesting an appointment, or completing intake information does not guarantee:

that you will receive services,
that you will be scheduled,
that you are eligible for treatment,
that telehealth is appropriate for you,
that services are available in your state, or
that THRIVE will accept you as a patient.

We reserve the right, in our sole discretion and to the extent permitted by law, to decline, reschedule, limit, or discontinue Services or access to the website at any time.

4. Telehealth and State-Law Limitations

Certain Services may involve telehealth or remote communications. Telehealth availability depends on a number of factors, including provider availability, clinical appropriateness, technology, payer rules, and state or federal legal requirements.

You understand and agree that:

telehealth may not be appropriate for every condition or situation,
some services may require in-person evaluation, testing, follow-up, or referral,
telehealth may only be available to patients located in states where the rendering provider is authorized to practice, and
additional informed consent, privacy, and clinical policies may apply before care is rendered.

HHS states that telehealth licensure requirements vary at the federal, state, and cross-state levels, and that documenting patient consent is important.

5. Emergency Situations

The Services are not intended for emergency or urgent crisis use. Do not use the website, online forms, email, text messaging, or other online communications to seek emergency care.

If you are experiencing a medical or mental health emergency, call 911, contact emergency services, or go to the nearest emergency department.

6. Privacy

Your use of the Services is also subject to our Privacy Policy and, where applicable, our Notice of Privacy Practices. Those documents describe how we collect, use, disclose, and protect your information.

Please note that general website forms, email, and some electronic communications may not be appropriate for sending highly sensitive or urgent information.

HHS has specifically warned regulated healthcare organizations about privacy and compliance issues related to online tracking tools and digital communications.

7. Appointment Requests, Online Scheduling, and Communications

If we offer appointment requests, scheduling tools, contact forms, texting, chat features, or related communications, you agree that:

all information you provide will be accurate and current,
submission of a request does not guarantee an appointment,
appointments may be changed, canceled, or rescheduled,
we may contact you by phone, email, or text regarding your request, and
additional policies, forms, and consents may apply before services are provided.

You are responsible for providing accurate contact information and for checking messages related to scheduling or service updates.

8. Payments and Financial Terms

If you purchase products or services, pay deposits, or make other payments through the Services, you agree to provide accurate payment information and authorize charges consistent with the transaction you initiate.

All fees, deposits, and payment terms are subject to change without notice, except where prohibited by law or where already agreed in writing. Separate cancellation, no-show, refund, membership, subscription, financing, or patient financial policies may apply and are incorporated by reference where presented to you.

9. Intellectual Property

All content included in the Services, including text, graphics, images, logos, videos, downloads, page design, branding, and other materials, is owned by or licensed to THRIVE and is protected by applicable intellectual property laws.

You may use the Services only for personal, lawful, non-commercial use unless we expressly authorize otherwise in writing. You may not reproduce, modify, distribute, publish, create derivative works from, display, transmit, sell, or exploit any part of the Services without our prior written permission.

10. User Submissions and Feedback

If you submit reviews, testimonials, comments, suggestions, photos, messages, or other materials to us (“Submissions”), you represent that:

you have the right to provide them,
they are accurate to the best of your knowledge,
they do not violate any law or third-party right, and
they are not false, misleading, defamatory, obscene, threatening, or otherwise unlawful.

By providing Submissions, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, display, and distribute them for lawful business purposes, subject to applicable law, our privacy obligations, and any separate permissions we may request from you.

We reserve the right, but not the obligation, to remove or decline any Submission at our discretion.

11. Prohibited Uses

You agree not to use the Services to:

violate any law or regulation,
impersonate another person or misrepresent your identity,
transmit false, fraudulent, or misleading information,
interfere with website operation or security,
upload malicious code or harmful material,
harvest data or scrape content without authorization,
infringe intellectual property or privacy rights,
harass, abuse, or threaten others, or
use the Services in any way that could harm THRIVE, its patients, users, staff, or systems.

12. Third-Party Services and Links

The Services may contain links to third-party websites, tools, social media platforms, payment processors, patient portals, scheduling systems, or other external services. We do not control and are not responsible for the content, terms, privacy practices, availability, or actions of third parties.

Your use of third-party services is at your own risk and subject to their own terms and policies.

13. Website Content, Marketing, and Results Disclaimers

We aim to present information accurately, but we do not warrant that any website content is complete, current, error-free, or applicable to your specific circumstances.

Any testimonials, before-and-after examples, wellness information, educational articles, or descriptions of treatment benefits are provided for general informational purposes and should not be interpreted as guarantees of results. Individual outcomes vary.

FTC guidance requires online disclosures to be clear and conspicuous; claims should not be overstated or contradicted by fine print.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THRIVE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND AVAILABILITY.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THRIVE AND ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID TO US THROUGH THE SERVICES IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR
(b) ONE HUNDRED U.S. DOLLARS ($100).

NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify, and hold harmless THRIVE and its owners, members, officers, employees, contractors, agents, affiliates, and licensors from and against any claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your use of the Services,
your violation of these Terms,
your violation of any law or the rights of a third party, or
any information or materials you submit through the Services.

17. Suspension and Termination

We reserve the right to suspend, restrict, or terminate your access to all or part of the Services at any time, with or without notice, if we believe you have violated these Terms, created risk, misused the Services, or where suspension is otherwise appropriate to protect users, patients, staff, or the business.

18. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, Florida, or Nevada without regard to conflict-of-law principles.

Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Ohio, Florida, or Nevada and you consent to the personal jurisdiction and venue of those courts, except to the extent otherwise required by applicable law.

19. Changes to These Terms

We may modify these Terms at any time by posting updated Terms on the website and updating the “Last Updated” date above. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms, to the extent permitted by law.

20. Entire Agreement

These Terms, together with our Privacy Policy, Notice of Privacy Practices where applicable, and any other policies or consents expressly incorporated by reference, constitute the entire agreement between you and THRIVE regarding the Services and supersede prior discussions relating to the same subject matter.

21. Contact Information

If you have questions about these Terms, please contact:

THRIVE Health & Vitality
212 S South St

Wilmington, Oh 45177

email@thrivehealthandvitality.com

941-882-0599

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