In order to access many areas of our site, you will need to create a membership. Basic membership is free and the information you provide will be kept completely private.

Members are expected to behave in a civilized manner and to treat their fellow members with respect. We reserve the right to revoke membership if we feel that a member is not adhering to the terms outlined in our Membership Agreement, shown below.

Please review these guidelines as well as our Privacy Policy. Clicking on the "accept" button below to continue your membership registration signifies that you have read both our Membership Agreement and Privacy Policy and are in agreement with the terms outlined within. If you do not agree with our policies, please do not use our site.

Planet Thrive Membership Agreement
Effective July 1, 2006
Updated July 7, 2006, August 14, 2006, October 27, 2006

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

1. Acceptance of Terms

PlanetThrive.com (the “Site”) is operated by Planet Thrive, Inc. (“Planet Thrive”). The goal of the Site is to provide an educational, stimulating, and supportive online community for those with chronic health conditions, as well as those looking to live healthier, non-toxic lifestyles. You are required to agree to this Membership Agreement (“Agreement”) in order to use the Site. By using the Site, you hereby agree to the terms of this Agreement. This Agreement covers all aspects of the Site, including, without limitation, the homepage, conversation forums, bulletin boards, private messenger service, and email communications. Planet Thrive may, in its sole discretion, modify or revise this Agreement at any time by updating this Web page, with or without advance notice to you. You are bound by any such modification or revision and, therefore, should visit this page periodically to review any changes. If any modification or revision is unacceptable to you, you agree to cancel your membership at Planet Thrive and stop using the Site. By your continued use of the Site, you hereby accept all modifications or revisions to this Agreement as we may post here from time to time.

2. NOT MEDICAL ADVICE

The contents of the Site, including, without limitation, text, graphics, images, information, software, sound, video and other material (collectively, the “Content”) are for educational and informational purposes only. Planet Thrive does not assume any responsibility for the accuracy, efficacy or use of this information. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Counselors and other Planet Thrive representatives available for questions or otherwise through the Site are not licensed to dispense medical advice and should not be treated, consulted or relied upon for that purpose. Always seek the advice of your physician or other qualified healthcare professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 911 immediately.

3. Your Member Name and Password

During the registration process, you will designate a member name and password for your account. You are responsible for all activities that occur under your member name and password, whether or not authorized by you, and for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account for the Site.

By registering on our Site you hereby agree that you will not (i) establish more than one member name (even if the member names are created using different email addresses or for different purposes), (ii) provide incomplete or inaccurate registration information, (iii) fail to update your registration information if it changes, or (iv) select a member name or photo of yourself that is intended to mislead others about your identity or that infringes or otherwise violates a third party’s intellectual property, publicity, privacy or other rights.

4. Privacy

By using this Site, you expressly consent to Planet Thrive’s disclosure and use of your personally identifiable information as described in our Privacy Policy, which is incorporated herein by reference.

5. Usage Rules

You agree that when using the Site, you will act in a manner consistent with the goals of the Site, and by way of example, and not as a limitation, you specifically agree that:

1. You will not, intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulation or law.
   
   
2. You will not post information on or download information from the Site unless you have all rights and authority necessary to do so.
   
   
3. You will not post any inappropriate, defamatory, foul, vulgar, obscene, sexually explicit, potentially libelous or slanderous, infringing, harmful, harassing, threatening, illegal, or otherwise objectionable material or information to the Site, including but not limited to, text, graphics, audio, and video files.
   
   
4. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort, or otherwise violate the legal rights (such as rights of privacy and publicity) of any visitor to the Site (“User”) or representative of Planet Thrive. You may express your disagreement with someone’s point-of-view, but personal attacks, or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance, are strictly prohibited.
   
   
5. You will not impersonate another person or entity, including but not limited to, a Planet Thrive representative, or communicate under a false name or a name that you are not entitled or authorized to use.
   
   
6. You will not post surveys, contests, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations, or other similarly disruptive content.
   
   
7. You will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material posted on the Site.
   
   
8. You will not post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
   
   
9. You will not attempt to “crack,” “hack,” “bomb,” manipulate or otherwise gain unauthorized access to other User accounts, Planet Thrive servers, Planet Thrive Services, Planet Thrive software, or any areas of the Site not intended for your access.
   
   
10. You will not post, transmit, or distribute any unsolicited advertising, promotional materials or other forms of solicitation to Users, individuals or entities, except in areas designated by Planet Thrive for such purposes.
    
    
11. You will not harvest, mine or otherwise collect or store personal information about others, including, without limitation, email addresses and the content of User profiles.

Violation of any of the above may result in a warning, immediate termination of your account (with or without notice) and access to the Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Planet Thrive. Planet Thrive has no liability or responsibility to Users or any other person or entity for performance or nonperformance of the aforementioned activities. If you believe your account or access to the Site has been terminated in error, please contact us.

6. Public Areas

If you use a public area of the Site where Users are allowed to post communications or other content (“Public Area”), including, without limitation, Conscious Conversation, Mindful Marketplace, Community Clubs, and Community Albums, you agree that you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Area. Planet Thrive is not responsible for the consequences of any communications in the Public Areas. Planet Thrive attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, Planet Thrive cannot and does not monitor the Public Areas at all times and makes no guarantee with respect to your experience in such areas. Anyone who feels that a posted message or image is objectionable is encouraged to notify Planet Thrive immediately. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

Planet Thrive reserves the right (but is not obligated) to, without limitation: (a) record the communications in Public Areas; (b) investigate any allegation that a communication does not conform to the terms of this Agreement and determine in its sole discretion to remove or request the removal of the communication; (c) remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with the guidelines in Section 5 above or otherwise with this Agreement; (d) monitor, edit, or disclose any communication in the Public Areas; and/or (e) edit or delete any communication posted on the Site, regardless of whether such communications violates these standards, each in Planet Thrive’s sole discretion.

7. Site Content

The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws. The Content includes both material owned or controlled by Planet Thrive and material owned or controlled by third parties and licensed to Planet Thrive.

Planet Thrive authorizes you to view and download a single copy of the Content on the Site solely for your personal, non-commercial use provided that you do not modify or remove any copyright or other proprietary rights notices that are contained in the Content. You may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the written permission of Planet Thrive. Any special rules for the use of certain software and other Content accessible on the Planet Thrive Site may be included elsewhere within the Site and are incorporated into this Agreement by reference.

Except for Content you post to Planet Thrive, which is subject to Section 9 below, title to all Content remains with Planet Thrive or the third party owners of such Content. Any use of the Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved by Planet Thrive.

8. Copyright Notification

Planet Thrive does not permit copyright infringing activities and other infringement of intellectual property rights on its Site, and Planet Thrive will remove all Content and User postings if properly notified that such Content or User postings infringe on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User posting or other Content in any Public Area of the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   
   
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   
   
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   
   
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
   
   
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   
   
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   Please contact Planet Thrive’s designated Copyright Agent to send notifications of claimed infringement. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Planet Thrive customer service through the Contact Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.

9. User Content and Artwork

Planet Thrive allows you to post a variety of information, text, images and other content to Planet Thrive (“User Content”), such as ratings and reviews about products and services and information about yourself for your profile page. You agree to exercise caution in posting any User Content that contains information about yourself. You acknowledge that User Content may be viewed by other Users for purposes you may not have intended. See our Privacy Policy for details.

Planet Thrive also invites you to submit User Content consisting of original artwork, photography, writing and other forms of creative expression (collectively, “Artwork”) to Planet Thrive for potential posting in Creative Force: Art and Word (“Creative Areas”). Planet Thrive reserves the right to determine whether to post any Artwork submitted by Users in any Creative Area, and to remove any such Artwork from any Creative Area, at any time in its sole discretion. You shall at all times retain all right, title and interest in and to any Artwork that you submit subject to the nonexclusive rights and licenses granted to Planet Thrive in this Section 9.

By submitting Artwork and other User Content to Planet Thrive, you (a) represent and warrant that you have all rights and authority necessary to post such content (including, without limitation, proper model releases for any identifiable subjects of such Artwork and the right to post any link to any other Web site), (b) with respect to User Content other than Artwork submitted only to Creative Areas, automatically grant (or warrant that the owner of such content or intellectual property has expressly granted) Planet Thrive an irrevocable, royalty-free, perpetual, transferable and worldwide right and nonexclusive license to use, copy, modify, adapt, publish, edit, translate, create derivative works from, sell and distribute such content or incorporate such User Content into any form, medium or technology, without compensation to you or anyone else, subject only to the Planet Thrive Privacy Policy, (c) with respect to Artwork submitted to Creative Areas, automatically grant Planet Thrive an irrevocable, perpetual, transferable and worldwide right and nonexclusive license to use and display such Artwork on the Site, without monetary compensation to you or anyone else (unless agreed to otherwise by you and Planet Thrive in writing), and (d) automatically grant Planet Thrive an irrevocable, perpetual, transferable and worldwide right and nonexclusive license to modify or edit any Artwork that you submit to a Creative Area for the limited purposes of optimizing the appearance of such Artwork on the Site and/or correcting any apparent typographical errors. If you are dissatisfied for any reason with any modifications or edits that Planet Thrive has made to Artwork submitted to Public Areas, please contact us. You agree that your sole remedy in such event is to request removal of your Artwork from the Site.

If you choose to submit Artwork for potential posting in a Creative Area, you must provide Planet Thrive with accurate information regarding the title of your Artwork, the copyright date desired and the author’s name as you would like it to appear on the Site. Planet Thrive will display such information with your Artwork should Planet Thrive select your Artwork for posting in a Creative Area. Planet Thrive may decide to display any additional information that you submit with your Artwork, such as the image’s description, your artist biography or statement, or your photograph, in its sole discretion. You should notify Planet Thrive in writing if you do not wish such information to be displayed on the Site. You agree to exercise caution in deciding what information to provide in connection with your Artwork, including whether to provide your real name, professional alias, or username for display in connection with your Artwork.

By submitting User Content (including Artwork) to the Public Areas, you represent and warrant that such submission is non-confidential for all purposes. If you wish to keep any business information, ideas, concepts, inventions or other information private or proprietary, do not post them to the Public Areas or otherwise to the Site. Please do not post any link to any third-party Web site unless you have permission from the owner of such Web site do so.

10. Trademarks

Planet Thrive and the Planet Thrive logo and other Planet Thrive product and service names are trademarks of Planet Thrive, Inc. (the “ Planet Thrive Marks”). You agree not to display, reproduce or otherwise use in any manner the Planet Thrive Marks without Planet Thrive’s prior written permission,.

11. Linking Policy

Planet Thrive permits you to link to the Site for personal, noncommercial purposes only upon providing written notice to us. You may link to the Site by using the words “Planet Thrive” with an active link to the Site or by displaying the full Web address for the Site or Web page therein (e.g., “www.PlanetThrive.com”). You may also use one of the image links provided by Planet Thrive. You may not create a link from a Web site that has obscene, profane, violent or otherwise objectionable material. Planet Thrive reserves the right to request that any link to the Site be removed immediately, with or without cause, in its sole discretion.

12. Third-Party Links and Other Resources

Planet Thrive may provide links to third-party Web sites or references to other resources on the Site. Planet Thrive has no control over or responsibility for such Web sites and other resources. You hereby agree that Planet Thrive is not responsible for the availability of such external Web sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from, or the privacy policies or other policies of, such Web sites or other resources. Planet Thrive provides these links and references to you only as a convenience, and inclusion of any link or reference does not imply endorsement of the Web site or other resource.

13. Rated Resources

The ratings and reviews of resources, products and services found in the Site’s Rated Resources section reflect only the personal opinions of the individual members who submit ratings. Planet Thrive does not endorse any product or service on this listing except where specifically noted. You agree that Planet Thrive is not liable for any damages incurred as a result of the rating system. Planet Thrive has entered into affiliate programs with some of the resources listed and will incur a small percentage profit from any sales made through the resource link provided. However, Planet Thrive’s potential financial gain from links to Affiliates in the Rated Resources area does not affect the ratings or review for any resource, product or service.

14. NEST: Network for Environmentally Safer Travel

NEST is a database service intended to connect environmentally sensitive overnight hosts (“Hosts”) and guests (“Guests”) for short-term and emergency travel accommodations. Planet Thrive does not monitor NEST and shall not be responsible or liable to Guests, Hosts or any other person or entity for any connections made or services provided through NEST. All members who register as Hosts or Guests agree that they are using the NEST service at their own risk and understand that there is a certain degree of risk involved in such arrangements.

15. ThriveRecycle Database The ThriveRecycle database allows members to recycle legal health-related product among one another. It is not meant as an advertising outlet for business owners or multi-level marketing companies. Business owners or multi-level marketing representatives selling new, unused products is not allowed through ThriveRecycle. If you would like to advertise new, unused product that you sell, please use the Sustainable Storefronts, Friends of Planet Thrive, and other Planet Thrive services designed specifically for advertising of new product.

Please do not attempt to post any item regulated by law including, without limitation, weapons, prescription drugs, illegal drugs, live animals, or items available only to those over 18 or 21, as applicable.

Your interactions with persons or entities found on or through our ThriveRecycle database, including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. By using the Planet Thrive database, you agree that Planet Thrive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

16. Planet Thrive Paid Services

If you choose to subscribe to one of Planet Thrive’s paid services, such as Planet Thrive Enhanced Membership or the Sustainable Storefronts (collectively, the “Subscription Services”), the following additional Terms and Conditions will apply depending on which service you choose.

You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including, without limitation, any unauthorized charges incurred prior to your notifying Planet Thrive of such charges. Planet Thrive reserves the right to change prices or institute new charges for any Subscription Service upon notice to you at the email address you have provided to us. If you wish to view or update your billing information, please go to the “My Account” section of the “My Planet Thrive” tool bar located in the green area on the left side of the screen.

Planet Thrive may modify or change the benefits offered to subscribers of paid services at any time in its discretion, with or without notice to you.

(a) Planet Thrive Enhanced Membership

ENHANCED MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term is annual. Unless specified otherwise on the Site, membership is automatically renewed following the initial term on an annual basis until notice of cancellation is received from you by Planet Thrive. You are responsible for all renewal fees until notice of cancellation is received from you by Planet Thrive.

CANCELLATION: If you wish to upgrade or cancel your Enhanced Membership at any time, please go to the “upgrade/cancel” links in the “My Account” section of the “My Planet Thrive” tool bar located in the green area on the left side of the screen.

(b) Sustainable Storefronts

Planet Thrive leases storefronts to members for a monthly fee. Except for the “Shop Planet Thrive” area or as otherwise expressly noted, Planet Thrive does not profit directly from the sale of items offered in the Sustainable Storefronts. By using any Sustainable Storefront, you hereby agree that Planet Thrive shall not be liable for any interactions between you and the Storefront owner. If you have any questions or concerns regarding any transaction or other interaction at a Sustainable Storefront, please contact the Storefront owner. Please also contact Planet Thrive to report any bad experience you may have had with a Storefront owner. While we are not responsible for the conduct of Storefront owners, we will endeavor to maintain the quality of products, services and customer service offered at Sustainable Storefronts. STOREFRONT TERM AND PRICING: Your membership term for a Sustainable Storefront is determined by the level of membership you choose. Unless specified otherwise on the Site, membership is automatically renewed following the initial term on a monthly basis until notice of cancellation is received from you by Planet Thrive. You are responsible for all monthly renewal and related fees until notice of cancellation is received from you by Planet Thrive.

CANCELLATION: If you cancel your Sustainable Storefront membership, you will not receive a refund for the then-current period. Cancellations become effective on the first day of the membership month following the date the notice of cancellation is received. A membership month begins on the calendar date (e.g., May 15th) when a member subscribes to Sustainable Storefronts and concludes on the day before that calendar date (e.g., June 14th) of the following month. If you wish to cancel your membership to Sustainable Storefronts, email us and indicate within the body of your message your intent to cancel, as well as your first and last name, member name and storefront name.

17. Disclaimer Of Warranties

The Site and the Content are provided on an “as is” basis. Planet Thrive, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including, without limitation, the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, Planet Thrive makes no representations or warranties with respect to (i) the accuracy, reliability, completeness, availability or timeliness of the Content, software, links, or other materials or services provided on or through the use of the Site or (ii) any prizes or other benefits obtained in connection with any contests, promotions or like events on the Site.

Without limiting the foregoing, Planet Thrive does not recommend or endorse any specific tests, physicians, products, procedures, methods, techniques, opinions, resources, or other information that may appear on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, statement or other Content posted on the Site. Reliance on any information provided by Planet Thrive, Planet Thrive employees, persons providing information on the Site at the invitation of Planet Thrive, or other Users is solely at your own risk.

18. Limitation of Liability

In no event shall Planet Thrive, its suppliers, or any third parties mentioned on the Site be liable for any direct, indirect, special, punitive, incidental, consequential, or exemplary damages (including, without limitation, negligence, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption), even if Planet Thrive has been advised of the possibility of such damages, resulting from (i) the use of or inability to use the Site, (ii) the cost of procurement of substitute goods and services, (iii) unauthorized access to or alteration of your account by anyone other than Planet Thrive, (iv) statements or conduct of any third party on the Site, (v) the use of any prizes or other benefits obtained in connection with any contests, promotions or like events on the Site, or (vi) any other matter arising out of or in connection with the Site, its services or this Agreement.

In the event that you are in a jurisdiction that does not allow the exclusion of implied warranties or that does not allow the limitation or exclusion of liability, the total liability of Planet Thrive, if any, shall be limited to the amount paid by you to access or use the Site. Planet Thrive shall not be liable under any theory of indemnity.

19. Indemnity

You agree to indemnify and hold Planet Thrive, and our subsidiaries, affiliates, employees, officers, directors, agents, licensees or other partners, harmless from and against any claim, demand, losses or other liability, including, without limitation, reasonable attorneys’ fees and expenses, arising out of Content (including Artwork) you submit, post to or transmit through or for posting on the Site, your use of the Site, your connection to the Site, your violation of this Agreement, the receipt of any prizes or other benefits obtained by you in connection with contests, promotions or like events on the Site, or your violation of any rights of another.

20. Questions

If you have any questions about the Site, please go to the Contact Us area of the Site. We try to answer every email in a timely manner, but are not always able to do so.

21. General

Planet Thrive is based in the state of New York, in the United States of America. Planet Thrive makes no claims that the Site and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Planet Thrive Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: User Content and Artwork (Section 9), Trademarks (Section 10), Disclaimer of Warranties (Section 17), Limitation of Liability (Section 18), Indemnity (Section 19), General (Section 21), and Entire Agreement (Section 22).

The Agreement and the relationship between you and Planet Thrive shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Planet Thrive agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Nassau, State of New York, including, without limitation, any claim involving Planet Thrive or its affiliates, employees, contractors, officers, directors, telecommunication providers, and content providers. The failure of Planet Thrive to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You may not assign the Agreement or any of your rights or obligations under the Agreement without Planet Thrive’s express written consent. The Agreement inures to the benefit of Planet Thrive’s successors, assigns and licensees. The section titles in the Agreement are for convenience only and have no legal or contractual effect.

22. Entire Agreement

This Agreement and the Planet Thrive Privacy Policy constitute the entire agreement between you and Planet Thrive with respect to the matters referenced herein, including, without limitation, use of the Site and Content.

By using our Site, you hereby agree to and accept the terms and conditions of this Agreement and the Planet Thrive Privacy Policy.

Thank you for your cooperation. We hope you find the Site informative and convenient to use!

© 2006 Planet Thrive, Inc. All rights reserved.

Both the Membership Agreement and Privacy Policy can always be reviewed via their respective links found at the bottom navigation of our site.

Enjoy your experience on Planet Thrive!