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Happiness

Terms of Service

Happy College Student

Thrive by Mojj Counseling & Guidance (“Thrive by Mojj,” “us,” our” or “we”) provides Counseling &
Guidance treatment services (the “Services”). The Services include Thrive by mojj products, software,
services, and website (“Site”), as accessed from time to time by the user, regardless of whether the use
is in connection with an account or not. Please read carefully the following terms of use (“Terms”) and
our Privacy Policy. These Terms govern your access to and use of the Site and Services and constitute a
binding legal agreement between you and Thrive By Mojj

 

YOU ACKNOWLEDGE AND AGREE THAT, BY
ACCESSING OR USING THE SITE OR SERVICES, OR BY DOWNLOADING OR UPLOADING ANY CONTENT FROM OR THROUGH THE SITE OR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES, OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS.

 

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you”
and “your” extends beyond you to also refer and apply to that company or other legal entity.


1. KEY DEFINED TERMS


“Collective Content” means, collectively, Thrive By Mojj Content. “Content” means information, data,
text, graphics, images, or other materials. “Thrive By Mojj” means Content that we make available
through the Site or Services, including any Content licensed from a third party. Certain areas of the Site
(and your access to or use of certain Collective Content) may have different terms and conditions posted
or may require you to agree with and accept additional terms and conditions. If there is a conflict
between these Terms and terms and conditions posted for a specific area of the Site, Services, or
Collective Content, the latter terms and conditions will take precedence with respect to your use of or
access to that area of the Site, Services, or Collective Content. Unless explicitly stated otherwise, any
new features that augment or enhance the current Services in future shall be subject to these Terms;
they will be posted to the Site as available, and you are deemed to have accepted them.


2. MODIFICATION


Thrive By Mojj reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or
Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we
will post the modification via the Site or provide you with notice of the modification. By continuing to
access or use the Site or Services after we have posted a modification via the Site or have provided you
with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are
not acceptable to you, you agree to immediately stop using the Site and Services.


3. CONDITIONS ON ACCESS AND USE OF SERVICES


Access to and use of the Services is limited to individuals who are at least 18 years of age and residents
of the United States. Use of the Services is void where prohibited by law or otherwise. By using the

Services, you represent and warrant that you have the right, authority, and capacity to agree to and
abide by these Terms and that you are not prohibited from using the Services. You understand that your
use of the Services may involve or require the transmission of significant amounts of data. You are solely
responsible for all data charges that may be charged by your wireless carrier or internet service provider
or that may otherwise arise from your use of the Services. You understand and agree that the Services
may include certain communications from Thrive By Mojj, such as service announcements and
administrative messages, and you may be able to opt out of receiving certain types of announcements
or messages. However, you will not be able to opt out of any announcements and messages related to
the implementation of Thrive By Mojj’s Privacy Policy. You acknowledge and agree that Thrive By Mojj
reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the
Services. Thrive By Mojj will provide notice of any fee collection via the Services, prior to implementing
such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose
not to pay, Thrive By Mojj reserves the right to immediately terminate your access to the Services.


4. DISCLAIMERS


4.1. NO DIAGNOSTIC OR MEDICAL SERVICES


Thrive By Mojj’S WEBSITE IS PRIMARILY AN INFORMATIONAL TOOL, AND NO PART OF THE SERVICES,
SITE, OR COLLECTIVE CONTENT ARE FOR THE DELIVERY OF HEALTH CARE SERVICES, OR CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING IN THESE TERMS OF SERVICE, SITE, SERVICES, OR COLLECTIVE CONTENT SHALL BE CONSTRUED AS THE DISPENSING OF MEDICAL, NURSING, OR OTHER HEALTH CARE ADVICE, DIRECTLY OR INDIRECTLY BY CLARIFY, OR AS A SUBSTITUTE FOR ANY OF THE FOREGOING. ALWAYS SEEK PROFESSIONAL MEDICAL ADVICE IF YOU ARE CONCERNED ABOUT YOUR HEALTH, AND DO NOT DELAY IN SEEKING IT. THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE NOT DESIGNED OR INTENDED FOR USE IN EMERGENCIES OR LIFE THREATENING SITUATIONS OR OTHERWISE TO ADDRESS MEDICAL PROBLEMS.


4.2. NO WARRANTY


YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE SITE OR SERVICES IS SOLELY AT YOUR OWN RISK.


5. PRIVACY


See our Privacy Policy for information and notices concerning Thrive By Mojj’s collection and use of your
personal information.


6. LICENSES GRANTED BY BEAUTY BY NAYERA TO ITS CONTENT


Subject to your compliance with the terms and conditions of these Terms, Thrive By Mojj grants you a
limited, non-exclusive, non-transferable license: (A) to view, any Thrive By Mojj Content solely for your
personal and non-commercial purposes. You have no right to sublicense the license rights granted in this
section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license,
sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the

Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights
are granted to you by implication or otherwise under any intellectual property rights owned or
controlled by Thrive By Mojj or its licensors, except for the licenses and rights expressly granted in these
Terms.


7. FEEDBACK


We welcome and encourage you to provide feedback, comments and suggestions for improvements to
the Site or Services (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree
that if you submit any Feedback to us, you hereby grant to us a non- exclusive, worldwide, perpetual,
irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual
property rights that you own or control to use, copy, modify, create derivative works based upon and
otherwise exploit the Feedback for any purpose.


8. GENERAL PROHIBITIONS


You agree not to do any of the following:
(A) Post, upload, publish, submit or transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary relationships;
(B) Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a
third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or
deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination,
bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening
or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or
harmful activities or substances;
(C) Use, display, mirror or frame the Site, or any individual element within the Site or Services, Thrive By
Mojj or Thrive By Mojj’s name, any Thrive By Mojj trademark, logo or other proprietary information, or
the layout and design of any page or form contained on a page, without Thrive By Mojj’s express written
consent;
(D) Access, tamper with, or use non-public areas of the Site, Thrive By Mojj’s computer systems, or the
technical delivery systems of Thrive By Mojj’s providers;
(E) Attempt to probe, scan, or test the vulnerability of any Thrive By Mojj system or network or breach
any security or authentication measures;
(F) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological
measure implemented by Thrive By Mojj or any of Thrive By Mojj’s providers or any other third party
(including another user) to protect the Site, Services, or Collective Content;

(G) Attempt to access or search the Site, Services, or Collective Content or download Collective Content
from the Site or Services through the use of any engine, software, tool, agent, device or mechanism
(including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software
and/or search agents provided by Thrive By Mojj or other generally available third party web browsers;
(H) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam,
chain letters or other form of solicitation;
(I) Use any meta tags or other hidden text or metadata utilizing a Thrive By Mojj trademark, logo URL or
product name without Thrive By Mojj’s express written consent;
(J) Use the Site, Services, or Collective Content for any commercial purpose or the benefit of any third
party or in any manner not permitted by these Terms;
(K) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup
posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false
source-identifying information;
(L) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to
provide the Site, Services, or Collective Content;
(M) Interfere with, or attempt to interfere with, the access of any user, host or network, including,
without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site or
Services;
(N) Collect or store any personally identifiable information from the Site or Services;
(O) Impersonate or misrepresent your affiliation with any person or entity;
(P) Violate any applicable law or regulation; or
(Q) Encourage or enable any other individual to do any of the foregoing.
Thrive By Mojj will have the right to investigate and prosecute violations of any of the above to the
fullest extent of the law. Thrive By Mojj may involve and cooperate with law enforcement authorities in
prosecuting users who violate these Terms. You acknowledge that Thrive By Mojj has no obligation to
monitor your access to or use of the Site, Services or Collective Content or to review or edit any
Collective Content, but has the right to do so for the purpose of operating the Site or Services to ensure
your compliance with these Terms and the Privacy Policy, or to comply with applicable law or the order
or requirement of a court, administrative agency or other governmental body. Thrive By Mojj reserves
the right, at any time and without prior notice, to remove or disable access to any Collective Content
that Thrive By Mojj, at its sole discretion, considers to be in violation of these Terms, the Privacy Policy,
or otherwise harmful to the Site or Services.
9. COPYRIGHT POLICY

Thrive By Mojj respects copyright law and expects its users to do the same.
10. LINKS
The Site or Services may contain links to third-party websites or resources. You acknowledge and agree
that Thrive By Mojj is not responsible or liable for: (A) the availability or accuracy of such websites or
resources; or (B) the Content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by Thrive By Mojj of such websites or
resources or the content, products, or services available from such websites or resources. You
acknowledge sole responsibility for and assume all risk arising from your use of any such websites or
resources or the Content, products, or services on or available from such websites or resources.


11. TERMINATION AND ACCOUNT CANCELLATION


If you breach any of these Terms, Thrive By Mojj will have the right to suspend or disable your Account
or terminate these Terms, at its sole discretion and without prior notice to you. Thrive By Mojj reserves
the right to revoke your access to and use of the Site, Services and Collective Content at any time, with
or without cause.


12. DISCLAIMERS


THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLARIFY EXPLICITLY
DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CLARIFY MAKES NO WARRANTY THAT THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR- FREE BASIS. THERIVE BY MOJJ MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THRIVE BY MOJJ OR THROUGH THE SITE, SERVICES, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT THRIVE BY MOJJ DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICES, NOR DOES CLARIFY VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE SITE OR SERVICES. THRIVE BY MOJJ MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.


13. INDEMNITY

You agree to defend, indemnify, and hold Thrive By Mojj, its officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or
demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way
connected with your access to or use of the Site, Services, or Collective Content, or your violation of
these Terms.


14. LIMITATION OF LIABILITY


YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE
RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER CLARIFY NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLARIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.


15. PROPRIETARY RIGHTS NOTICES


All trademarks, service marks, logos, trade names and any other proprietary designations of Thrive By
Mojj used herein are trademarks or registered trademarks of Thrive By Mojj. Any other trademarks,
service marks, logos, trade names and any other proprietary designations are the trademarks or
registered trademarks of their respective parties.


16. APPLICABLE LAW


Except as provided in the addenda applicable to your specific jurisdiction provided with the Terms, these
Terms shall be governed by the laws of the State of California. The courts of the State of California shall
have jurisdiction to entertain any action arising under these terms or any other agreement, document or
instrument contemplated herein, and you hereby accept and irrevocably submit to the jurisdiction of
the courts of California and acknowledge their competence and agree to be bound by any judgment
thereof. Notwithstanding the governance of these Terms, you may have additional obligations and
responsibilities to adhere to in the jurisdiction in which you practice medicine or another health
profession.


17. ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between Thrive By Mojj
and you regarding the Site, Services, and Collective Content, and these Terms supersede and replace any
and all prior oral or written understandings or agreements between Thrive By Mojj and you regarding
the Site, Services, and Collective Content.


18. ASSIGNMENT


You may not assign or transfer these Terms, by operation of law or otherwise, without Thrive By Mojj’s
prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will
be null and of no effect. Thrive By Mojj may assign or transfer these Terms, at its sole discretion, without
restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.


19. NOTICES


Any notices or other communications permitted or required hereunder, including those regarding
modifications to these Terms, will be in writing and given: (i) by Thrive By Mojj via email (in each case to
the address that you provide); or (ii) by posting to the Site. For notices made by e-mail, the date of
receipt will be deemed the date on which such notice is transmitted.


20. DISPUTE RESOLUTION


All disputes between you and Thrive By Mojj arising out of or concerning these terms, including but
without limitation any dispute as to the interpretation of these terms, any alleged breach of these
terms, the right of a party to exercise any right or remedy herein provided which have not been settled
by informal negotiations or mediation, shall be resolved by binding arbitration in Los Angeles, California
before a single arbitrator, in accordance with rules and procedures of the American Arbitration
Association. The arbitrator may, but shall not be obligated, to award to the party to the dispute whom
the panel decides has achieved substantial success in the arbitration proceedings all or any part of the
legal fees, arbitrator’s fees and costs and other costs incurred by that party with respect to the
arbitration. The arbitration shall be conducted in strict confidence and there shall be no disclosure to
any person (other than necessary to carry out the arbitration) of the existence of the dispute or any
aspect of the dispute.


21. GENERAL


The failure of Thrive By Mojj to enforce any right or provision of these Terms will not constitute a waiver
of future enforcement of that right or provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized representative of Thrive By Mojj Except as
expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms
will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court
of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will
be enforced to the maximum extent permissible and the other provisions of these Terms will remain in
full force and effect.

22. CONTACTING THRIVE BY MOJJ


If you have any questions about these Terms of Use, please contact Beauty by Nayera, by telephone at
(805) 665.3341 or email at thrivebymojj@gmail.com.

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