Terms of Service
Note: Thriving Marriages by CalPro Research is a self-directed Marital Health Survey. Thriving Marriages does not provide and Thriving Marriages does not include individual or marriage therapy or counseling. Thriving Marriages consists of a self-selected survey, stories, and resources, and you are urged to seek the services of a licensed professional to address particular situations or needs. In particular, you are encouraged to consult a marriage therapist or counselor if you or your spouse believe that such services may be beneficial to either of you or your relationship.
Thriving Marriages by CalPro Research (the "Service") is provided by CalPro Research, a California limited liability corporation (the "Company"). This is a legal agreement ("Agreement") between you and the Company; please read the Agreement carefully before registering for or subsequently subscribing to the Service. By using this site, you will become a user of the Service (a "User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a User. The Terms are subject to change by the Company in its sole discretion at any time, with or without notice. Please check the Service website, currently located at www.thrivingmarriages.org (the "Site”) periodically for changes. Your continued use of this Site or the Service after the posting of changes to this agreement will constitute your acceptance of such changes. The Service is designed for U.S residents and it may not be accessed from Utah or any other states where it is prohibited by law. THE COMPANY DOES NOT PROVIDE AND THE SERVICE DOES NOT INCLUDE INDIVIDUAL OR MARRIAGE THERAPY OR COUNSELING. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SERVICE.
Restrictions on Use
Minimum Age to Use the Service. You must be at least 18 years old to become a User and to use the Service. By using this site, you represent and warrant that you are at least 18 years old.
- Online Conduct.
As a User you acknowledge and agree that:
- You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the Service is void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services.
- You hereby acknowledge and agree that the following is the Company's proprietary information: The Marital Health Survey, and other content. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute or reproduce in any way any (i) Service or Company Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Service or Company, without first obtaining the prior written consent of the owner of such proprietary rights. You also agree not to use the Service or Company Confidential Information except as reasonably necessary for you or your spouse to use the Service in accordance with the terms and conditions hereof.
- You are solely responsible for (i) the information you contribute to the Service through the marriage survey, and other use of the Service where your input is solicited; (ii) the information you post or otherwise make available to the Service or Company through the electronic posting areas offered by the Service; and (iii) your interactions with your spouse.
- The Company offers a survey and resources to enable you to enrich your marriage. However, you understand that such survey and resources and all other aspects of the Service, are only exercises and that the Company makes no guarantees, either express or implied, regarding the state of your marriage before, during, or after utilizing the Service and completing the survey or buying the resources it offers. The users of the Service will not receive any therapy or counseling from any Thriving Marriages employees or any third party affiliated with Thriving Marriages as part of the program and no human intervention is included in the Service. The Service does not offer therapy, counseling, diagnosis, assessment, treatment or evaluation services. The Service is not a professional marriage therapy service and no marriage counselors or therapists are involved in the interaction of the Service with users. The Service is not a substitute for professional marriage therapy or counseling. You are urged to consult a licensed marriage therapist or counselor if you or your spouse believe that such services may be beneficial to either of you or to your relationship.
- You will promptly report to the Company any violation of the Terms of this Agreement by other Users.
- The Service and Company reserves the right, but has no obligation, to monitor the information you submit to the Service and the materials you post in the public areas of the Service. The Company shall have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Agreement.
- Proprietary Rights.
- The Company owns and hereby retains all proprietary rights in the Service and the Site. The Service and the Site contain copyrighted material, trademarks, and other proprietary information of the Company, its licensors and other third parties. Other Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. No rights or licenses are granted hereunder other than the limited, non-exclusive license to use the Service in accordance with the terms and conditions of this Agreement for your personal use during the term hereof. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, or sell any Company or third party proprietary information available via the Service or the Site.
- By posting information or content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the right
to grant, to the Company and other Users an irrevocable,
perpetual, non-exclusive, fully-paid, worldwide license to use, copy,
publicly perform, publicly display and distribute such information and
content and to prepare derivative works of, or incorporate into other works,
such information and content, and to grant and authorize sub-licenses of the
- For information about the collection and possible use of information provided by you, please click on the Company's privacy statement located on the Site. By using the Site or the Service, you are consenting to the terms of the Company's privacy statement.
- The Company reserves the right to disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with any legal process; (2) protect and defend the Company's rights or property; or (3) act in an emergency to protect someone's health or safety.
- Notwithstanding any other provision of this agreement or the privacy statement, the Company reserves the right, but has no obligation, to disclose any information that you submit to the Service, if in its sole opinion, the Company suspects or has reason to suspect, that the information involves a party who may be the victim of abuse of any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that the Company, in its sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that the Company is permitted to make such disclosure.
- Links to Third Party Web Sites.
This Site may contain links to third-party sites which are not under the control of the Company, and the Company is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply that the Company endorses or accepts any responsibility for the content on such third-party site.
- Disclaimer of Warranty.
- THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
- Limitation of Liability.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH YOUR SPOUSE OR OTHER USERS OF THIS SERVICE.
- Indemnity by User.
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the Service, your connection to the Site, your violation of this Agreement or your violation of any rights of a third party.
To resolve a complaint regarding the Service, you should first contact the Service by clicking on the "Contact Us" button or via email to email@example.com.
- Term and Termination.
This Agreement shall become effective upon your acceptance of the Terms by clicking on the "I Accept" button below or your use of the Site or the Services and shall remain in effect in perpetuity. Either you or the Company may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, for any reason or no reason
- General Provisions
You agree that California law (without giving effect to its conflicts of law principles) shall govern this Agreement, the Site and the Service and that any dispute arising out of or relating to this Agreement, the Site and the Service shall be subject to the exclusive jurisdiction and venue of the federal and state courts in the Northern District of California. You acknowledge and agree that any violation of this Agreement may cause the Company irreparable harm, and therefore agree that the Company will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security and in addition to and without prejudice to any other rights or remedies that the Company may have for a breach of this Agreement.
This Agreement, which you accept upon use of the Service, and the privacy statement located on the Site, contain the entire agreement between you and the Company regarding the use of this Service, superseding any prior agreements between you and the Company related to your use of this Site (including, but not limited to, any prior versions of this Agreement). Unless otherwise explicitly stated, the Terms will survive termination of your registration to the Service. The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- Effective Date.
The effective date of this version of the Terms and Conditions of Service is August, 2007.