Terms and Conditions of Use 

 Effectiv, Inc. Website Terms and Conditions of Use

Last Updated: January 8, 2025

Welcome to www.geteffectiv.com (the “Site”), operated by Effectiv Inc. (“Effectiv,” “we,” “us,” or “our”). By using this Site and/or any related services, mobile applications, features, products, content, or any other services offered by Effectiv (collectively, the “Service”), you agree to be bound by these Terms and Conditions (the “Terms” or “Agreement”). If you do not agree with any part of these Terms, you may not access or use the Service.

 We reserve the right to modify these Terms at any time, and such changes will be effective immediately upon posting the updated Terms on the Site. Your continued use of the Service following the posting of revised Terms signifies that you accept and agree to the changes.

We have intentionally drafted this document in plain language so that you can clearly understand your rights and obligations. However, if anything is unclear or you have any questions, please contact us at: info@geteffectiv.com

 1      Eligibility and Authorized Use

 1.1  Age Requirements

  • You must be at least 13 years of age to use or access the Site and the Service. If you reside in the European Union, you must be at least 16 years of age.

  • If you are under 18 years of age, you represent and warrant that you have obtained consent to use the Site from your parent or legal guardian, and they agree to these Terms on your behalf.

 1.2  Prohibited Activities. You agree that you will not:

  • Use the Site or Service for any unlawful purpose or in violation of any local, state, national, or international law.

  • Modify, alter, or tamper with the functionality of the Site or Service; upload or transmit any viruses, worms, malware, Trojan horses, or other harmful code or materials intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.

  • Interfere with or disrupt the Site, its servers, or networks connected to the Site, or disobey any policies or regulations of networks connected to the Site.

  • Use the Site in a manner that would interfere with any other party’s ability to enjoy the Site or Service.

  • Encourage or facilitate any conduct that violates these Terms.

  • Misrepresent your identity or age, or impersonate another person or entity.

 1.3  Common Sense and Conduct. In all interactions, whether on the Site or otherwise connected to the Service, please be respectful, courteous, and operate in good faith. By using this Site, you acknowledge your responsibility to exercise good judgment and act responsibly.

 2      Scope of the Service

 2.1  Description. Effectiv provides various tools, resources, and functionalities through the Site. We strive to keep the Site operational and accessible; however, we may discontinue, modify, suspend, or remove the Site or portions of the Service at any time, at our sole discretion, without prior notice.

 2.2  Third-Party Services and Links. Our Site may include links or connections to third-party websites, content, or services (“Third-Party Services”) that are not owned or controlled by Effectiv. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You acknowledge and agree that we are not liable or responsible for any content, advertising, products, or other materials made available from such Third-Party Services. Your use of Third-Party Services is subject to their respective terms and conditions.

 3      Privacy and Data Usage

 3.1  Privacy Policy. Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose your personal data. The Privacy Policy is available www.geteffectiv.com/privacy-policy

 3.2  No Medical, Legal, or Financial Advice. No information on the Site (including any educational or informational content) is intended as a substitute for professional advice, diagnosis, or treatment (medical, legal, financial, or otherwise). Always seek the advice of qualified professionals if you have questions about a particular issue. The content on our Site is provided “as-is” for general informational purposes only.

 4      Intellectual Property Rights

 4.1  Ownership. All text, images, designs, graphics, trade names, trademarks, service marks, logos, software, code, and other works or materials (collectively, the “Content”) available on the Site are owned by or licensed to Effectiv Inc. and/or the properly attributed third-party owner.

 4.2  Restrictions. You may not copy, reproduce, distribute, transmit, modify, or create derivative works of any Content without our prior written permission. Any unauthorized use of the Content may violate federal, state, or international law and may result in civil or criminal penalties.

4.3  DMCA and Copyright Infringement. If you believe in good faith that any Content on our Site infringes your or a third party’s copyright, please send a notice containing the information outlined below to our Designated Copyright Agent:

Attn: Effectiv Inc. – DMCA Agent

PO Box 851

Eagle, ID 83616

Email: info@geteffectiv.com

Your notice must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works.

  • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate it.

  • Your contact information (address, telephone, email).

  • 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 law.

  • A statement, under penalty of perjury, that the information in the notification is accurate, and you are authorized to act on behalf of the owner. 

5      Advertising, Affiliate Links, and Testimonials

5.1  Advertising and Affiliates. We may participate in affiliate marketing programs or display advertisements on the Site. This means we may earn a commission if you click or make a purchase via an affiliate link. You acknowledge that we disclaim any liability arising from your purchase of any products or services through our affiliate links.

5.2  Testimonials. Any testimonials, endorsements, or reviews featured on the Site reflect the individual experiences and opinions of the persons quoted. Results may vary, and we do not guarantee that your experience will match those described in the testimonials.

6      User-Generated Content

6.1  Content Deletion and Account Suspension. We reserve the right to delete any content you may upload, and/or suspend or terminate your access to the Site, at any time, for any reason, and without prior notice. This includes content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

 6.2  Responsibility for User Content. You are solely responsible for any content you upload, post, transmit, or otherwise make available on or through the Site. By submitting content, you affirm, represent, and warrant that:

  • You are the creator or have the necessary licenses to upload and distribute such content.

  • The content does not infringe or violate any third-party rights, including intellectual property, publicity, or privacy rights.

  • The content is lawful, accurate, and compliant with these Terms.

 6.3  License Grant. By submitting content to the Site, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the content in connection with operating, promoting, or improving the Site and Service.

 7      Disclaimers and Warranties

 7.1  Site Provided “As-Is”. You understand and agree that the Site and Service are provided on an “as-is” and “as-available” basis, without warranties of any kind, whether express or implied. To the extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

 7.2  No Guarantee. We do not guarantee that:

  • The Site or Service will be secure, error-free, or available at any particular time or location.

  • Any defects or errors will be corrected.

  • The Service will be free of viruses or other harmful components.

  • Any results of using the Service will meet your requirements or expectations.

7.3  Professional Advice. We do not offer professional, medical, legal, or financial advice.

None of the content on the Site should be interpreted as a professional recommendation for any specific treatment plan, product, or course of action.

 8      Limits on Liability

8.1  No Liability for Certain Damages. To the fullest extent permitted by applicable law, Effectiv and its affiliates, employees, directors, agents, successors, and assigns will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if advised of the possibility of such damages.

8.2   Maximum Liability. Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site shall not exceed the greater of (a) One Hundred U.S. Dollars (USD $100), or (b) the amount you paid us, if any, in the twelve (12) months before the claim arose.

8.3  User Indemnification. You agree to defend (at our request), indemnify, and hold harmless Effectiv Inc., its officers, directors, employees, agents, and affiliates from and against all liabilities, claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or connected with:

  • Your use of or access to the Site or Service.

  • Your violation of any term of this Agreement.

  • Your violation of any third-party right, including any intellectual property or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you shall fully cooperate with us in asserting any available defenses.

 8.4  Not Healthcare, Medical, or Other Professional Services. Nothing on this Site or offered through our Service is intended to diagnose, treat, cure, or prevent any disease or condition, nor does it substitute for medical, legal, or financial advice. Always seek professional guidance for such matters.

 9      Dispute Resolution and Arbitration Agreement

9.1  Arbitration; No Class Actions. You agree that any dispute or claim arising out of or relating in any way to your use of the Site or these Terms shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. Class Action Waiver: You and Effectiv agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. You and Effectiv waive a trial by jury.

9.2  Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Idaho, without regard to its conflict of law principles. For any claim not subject to arbitration, you agree to submit to the personal jurisdiction of the U.S. District Court for the District of Idaho or a state court located in Idaho, and you waive any objections to such jurisdiction or venue.

10   Security

10.1       Our Commitment to Security. We take the security of your information seriously. Although we employ industry-standard measures to protect against unauthorized access, no system is perfectly secure. By using our Site, you acknowledge that any information you transmit can be compromised, and you accept that risk.

10.2       User Responsibilities. You are responsible for maintaining the confidentiality of any login credentials for the Site. You agree to notify us immediately if you suspect any unauthorized use of your account.

11   Modifications, Termination, and Survival

11.1       Modifications. We may modify, suspend, or terminate the Site or the Service, in whole or in part, at any time and without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

11.2       Termination. We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time and for any reason without prior notice or liability. If you wish to terminate your own use of the Service, you may discontinue using the Site.

11.3       Survival. All provisions of these Terms which by their nature should survive termination (including, without limitation, intellectual property provisions, disclaimers of warranties, limitations of liability, indemnification obligations, dispute resolution, and arbitration agreements) shall survive.

12   Additional Terms

12.1       Entire Agreement. This Agreement and any referenced policies (including our Privacy Policy) constitute the entire agreement between you and Effectiv regarding the use of the Site and the Service, superseding any prior agreements between you and us.

12.2       Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions.

12.3       No Waiver. No waiver of any term of these Terms by us shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.4       Assignment. You may not assign or transfer these Terms or any rights or obligations herein without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction and without notice to you (including in connection with a merger, acquisition, corporate reorganization, or sale of all or part of our assets).

 12.5        No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

 12.6       Headings and Interpretation. Headings are for reference purposes only and in no way define or limit the scope or interpretation of any section. Words used in the singular include the plural and vice versa, and “including” means “including without limitation.”

 12.7       Feedback. Any suggestions, questions, comments, or feedback you provide to us about the Site or Service is entirely voluntary, and we are free to use such feedback as we see fit and without any obligation to you.

 13   Contact Us

If you have any questions or concerns about these Terms or wish to provide notice under these Terms, please contact us at:

Effectiv Inc.
Attn: Website Manager
PO Box 851
Eagle, ID 83616
Email: info@geteffectiv.com

 BY ACCESSING AND USING OUR SITE OR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.