Positive Control Terms and Conditions (“Terms”)
Last updated: August 19, 2016
THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND POSITIVE CONTROL LLC.
PLEASE READ THESE TERMS & CONDITIONS (“Terms”) CAREFULLY. By accessing and using this and other websites, online services and mobile applications of Positive Control LLC and its subsidiaries and affiliates (collectively referred to as “POSCON” “us,” “our,” or “we”), including without limitation www.poscon.net, and other websites and mobile applications linking to these Terms (collectively, the “Sites”) and/or purchasing any products or services, including but not limited to subscription based services, offered through the Sites (“Products” and “Services”, respectively), you agree to be bound by these Terms, and you confirm that you are at least 13 years old.If you do not agree to all these Terms or you are under the age of 13, you must refrain from accessing and using the Sites.If you are between 13 and 17 years of age, you may only use the Sites with the consent and supervision of a parent or guardian. Parental consent occurs when the parent or guardian of a minor between the ages of 13 and 17 grants permission for such minor to use the Sites under supervision, and agrees on behalf of himself/herself and the minor to all of these Terms.
If you are asked to click your agreement to specific terms and conditions to access certain functions on any of the Sites(each a “Site Agreement”), the terms in the Site Agreement shall govern over any inconsistencies with these Terms,but only for the specific Site function described in that Site Agreement.
ALL USE OF THE SITES AND PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES IS AT YOUR OWN RISK. You are responsible for evaluating specific information, content, Products, and Services that may be available through the Sites. We do not represent, warrant or guarantee any particular results with respect to your use of the information, Products and Services available on the Sites. YOUR USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT MAKE ANY GUARANTEE ABOUT THE ACCURACY, RELIABILITY OR SECURITY OF ANY SERVICES, METRICS, DATA, STATISTICS OR OTHER INFORMATION YOU FIND ON THE SITES, OR WHETHER SUCH SERVICES, METRICS, DATA, STATISTICS OR INFORMATION WILL HELP YOU ACHIEVE ANY PARTICULAR RESULT(S). WE FURTHER MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS.
ONLY A VENUE
You agree and acknowledge that the Sites are for educational and informational purposes only. We make no representation, and give you no assurance whatsoever, that:
- Any users of the Sites( collectively “Users”): (i) are not misrepresenting their identity, qualifications, location or authority, or (ii) are of legal age and capacity;or
- A particular Product or Service listed or provided through the Sites is (i) reliable, suitable, or of any particular quality, or (iii) actually owned, controlled, or capable of being provided by any particular person or entity.
When interacting with other Users on the Sites, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER POSCON NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITES AND YOU HEREBY RELEASE POSCON AND ITS AFFILIATES FROM ANY LIABILITY RELATED THERETO. POSCON AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITES OR INTERACTIONS WITH ANY OTHER USER OF THIS SITE, EITHER ONLINE OR OFFLINE.
BY USING THE SITES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS OR OTHER THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USERS OR OTHER THIRD PARTIES WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM POSCON WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.
CHANGES IN TERMS
We reserve the right, at any time and from time to time, to modify, suspend, or discontinue the Sites; charge fees in connection with the use of certain aspects of one or more Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that neither we nor any of our affiliates or subsidiaries shall be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, in whole or in part, or of any service, content, feature, or product offered through the Sites.
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Sites on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using the Sites, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. You understand that the Sites are provided over the Internet and mobile networks, so the quality and availability of the Sites may be affected by factors outside our control. We do not guarantee that the Sites will be compatible or operate with your Mobile Provider’s service plans, with any particular Mobile Device, or other piece of hardware, software, equipment, or device you install on or use with your Mobile Device.
WE ARE NOT RESPONSIBLE IF THE SITES ARE UNAVAILABLE OR IF YOU CANNOT DOWNLOAD OR ACCESS SITE CONTENT, FOR ANY COMPATIBILITY OR INTEROPERABILITY ISSUES, OR FOR ANY COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE SITES BEING UNAVAILABLE. WE MAY USE YOUR ELECTRONIC CONTACT INFORMATION TO SEND YOU COMMUNICATIONS
You are responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, Internet and other physical requirements necessary for your use of the Sites.
POSCON may from time to time provide certain promotional opportunities, sweepstakes, lotteries, and contests to Users. All such promotions will be run at the sole discretion of POSCON, and can be activated, modified or removed at any time by POSCON without advance notification and the liability of any of POSCON’s partners pursuant to such promotional opportunities, sweepstakes, lotteries and contests shall be limited pursuant to the “Limitation of Liability” section of these Terms set forth below.
ACCESSIBILITY OF SITES
From time to time the Sites may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment or software malfunctions; (ii) periodic update, maintenance procedures or repairs; or (iii) causes beyond the control of POSCON. Access to the Sites is provided over various facilities and communications lines beyond POSCON’s control.
CONTENT ON THE SITES
Your License to Use the Sites:
Subject to the terms and conditions of this Agreement, POSCON hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites to the extent permitted by their intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Sites, including any functionality therein, through the certified applications or intended methods that POSCON makes available to you. Any access or use of the Sites or any content therein through an application, service, or method provided by a party other than POSCON is strictly prohibited outside the scope of the license granted herein. POSCON may revoke and/or terminate the foregoing license with respect to any aspect of the Sites at any time, for any or no reason. ANY USE OF THE SITES AND THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
The Sites contain postings, text, images, messages, files, and other information and materials for download and viewing by individual Users, made available by POSCON, other Users, and advertisers, sponsors and other content contributors (“Content Contributors”). Portions of the Sites authored by POSCON or its authorized agents, contractors, and employees are referred to as “POSCON Content.” Portions of the Sites authored by Users are referred to as “User Content.” Portions of the Sites authored by other Content Contributors are referred to as “Third Party Content.”
All POSCON Content on the Sites, including but not limited to photographs, videos, artwork, written text, graphics, designs, HTML, look and feel, software, typefaces, trademarks, and logos, is protected by federal and international trademark, copyright and other intellectual property laws and is the sole property of POSCON or its suppliers. POSCON Content is protected in all forms, media and technologies now known or hereinafter developed. POSCON owns the coordination, selection, arrangement and enhancement of such POSCON Content as a Collective Work under the United States Copyright Act, as amended. No portion of the POSCON Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of POSCON. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Sites without POSCON’s express prior written consent and, if applicable, the holder of the rights to the User Content. With respect to POSCON Content, any rights not expressly granted by these are reserved by POSCON. Although POSCON attempts to ensure the accurateness of the POSCON Content, it makes no guarantees whatsoever as to its correctness or accuracy. It is possible that the POSCON Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to POSCON Content by third parties. In the event that an inaccuracy arises, please inform POSCON so that it can be addressed. Information contained on the Sites may be changed or updated without notice.
The trademarks of POSCON, including without limitation “POSCON”, “Positive Control” and the POSCON logos appearing on the Sites are trademarks owned by POSCON. Any other trademarks, service marks, logos and/or trade names appearing via the Sites are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Use of User Content and Third Party Content:
All User Content and Third Party Content on the Sites are the responsibility of their respective owners. POSCON is not responsible for User Content and Third Party Content, and the views and opinions expressed in User Content and Third Party Content are not necessarily those of POSCON. POSCON cannot, and does not, review User Content or Third Party Content before they are made accessible through the Sites. Nevertheless, please be advised that User Content and Third Party Content may be protected by federal and international copyright, trademark or other laws, and your right to reprint, republish, modify, reproduce, or distribute User Content or Third Party Content may be limited accordingly.
Your Physical Likeness:
Each User who provides to POSCON any photograph, video or other reproduction of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in connection with their use of the Sites hereby irrevocably grants to POSCON the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
- Use, reproduce, modify, or creative derivatives of such Physical Likeness, in and in connection with the exhibition, distribution, display, performance, transmission, and/or broadcasting on any and all media, including, without limitation, the Internet;
- Use, and permit to be used, such Physical Likeness in the advertising, marketing, and/or publicizing of the Sites in any media; and
- Use, and permit to be used, such User’s name and identity in connection with the Sites.
Each User hereby waives all rights and releases POSCON from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s Physical Likeness in connection with the Sites. Each User acknowledges that POSCON shall not owe any financial or other remuneration for using the Physical Likeness provided hereunder by such User, either for initial or subsequent transmission or playback, and further acknowledges that POSCON is not responsible for any expense or liability incurred as a result of such User’s Physical Likeness or participation in any recordings, including any loss of such recording data.
Any information and materials you provide to POSCON in connection with the purchase of Products and/or Services or your registration for the Sites, any change or update made to your account information, and all other postings, text, images, messages, files, and/or other materials you post, transmit through, or link to the Sites (collectively, “Your Content”) are your sole responsibility. POSCON and the Sites merely provide a means for the transmission and dissemination of Your Content. POSCON acts merely as a passive conduit for your online distribution and publication of Your Content. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE SITES ARE SOLELY YOUR RESPONSIBILITY. UNDER NO CIRCUMSTANCES WILL POSCON BE LIABLE IN ANY WAY FOR YOUR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR CONTENT OR YOUR ACTIVITIES IN CONNECTION WITH THE SITES.
We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request. By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, store, edit, publish, post, transmit, prepare derivative works, delete and distribute Your Content in whole or in part in connection with the Sites and to promote POSCON, the Products and Services, and the Sites in general.
If you are permitted to and choose to create an account on the Sites, you are the only person authorized to access and use your account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON YOUR ACCOUNT. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of your account at our sole discretion and we may refer you to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with your account, and to update this information promptly in the event it changes.
The Sites may allow for you to post reviews about content, Products and Services. By leaving a review, you acknowledge that:
- Reviews are opinions and not the opinion of POSCON, and have not been verified or approved by POSCON;
- Your review may be publicly displayed on the Sites;
- POSCON has a right to edit, delete, hide modify, copy, distribute and create derivate works of any review you post to the Sites;
- Reviews may not contain private information, obscene, racist, or harassing language or imagery, or advertising or spam; and
- Reviews may not be about things outside of POSCON’s control.
Extortion is not allowed on POSCON. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited. Shilling is also not allowed on POSCON. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the User.
CONTRIBUTIONS, BILLING AND PAYMENT
By making a contribution, a contributor agrees and acknowledges that: (i) the contribution is provided to POSCON as an irrevocable gift, subject to any exercise of the contributor’s right to receive a refund as described below and POSCON’s right to return any contribution at its discretion; (ii) the contribution will be used by POSCON at its discretion to support development of the Sites; and (iii) the contribution is made subject to these Terms, which shall constitute a legally binding agreement between the contributor and POSCON, entered into by each party in consideration of the other’s obligations under these Terms.
You understand and acknowledge that POSCON is not a charity. You acknowledge that monetary contributions to the Sites are not deductible as charitable contributions under your jurisdiction’s applicable tax laws and regulations. POSCON does not guarantee that a certain amount of contributionswill be collected, or that any particular development activities will be carried out on the Sites as a result of contributions. POSCON expressly disclaims any liability or responsibility for the success of any contribution efforts or contribution-funded developments on the Sites, or the outcome of any fundraising purpose. You, as a User, must make the final determination as to the value and appropriateness of contributing to the Sites.
As a contributor, you will have the option to publicly display your contribution for all to see on the Sites. To keep the details of your contribution private, simply click the “Private” checkbox during the contribution process on the Sites.
In order to contribute to development of the Sites, a contributor will be required to provide POSCON and/or the Payment Service Providers (“PSPs”) retained by POSCON to process payments and donations through the Siteswith information regarding his or her credit card or other payment instrument. Once you confirm to us through the Sites that you wish to proceed with your contribution, your transaction will be processed through POSCON or its PSPs. By confirming that you wish to proceed with your contribution, you authorize POSCON or its PSPs to request funds from your credit card provider or other payment instruction. You, as a contributor, represent and warrant to POSCON that your payment instrument information is true, and that you are authorized to use the payment instrument. You agree that a certain minimum contribution amount may apply and that all contribution payments are final and will not be refunded unless POSCON, in its sole discretion, agrees to issue a refund. Contributors may have the option to contribute recurring period contributions, and in electing to contribute on a recurring basis, you, as a contribution (i) agree to promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur and to pay the contribution amount that you specify, and (ii) hereby authorize POSCON and/or its PSPs to bill your payment instrument in advance on a periodic basis until you terminate such periodic payments, which can be done at any time through the Sites.
The contributor shall receive no benefit in return for any contribution (including, but not limited to, any ownership stake or other stake in POSCON’s business), and shall have no rights to influence the development decisions or activities of POSCON. POSCON reserves the right to refuse and return any contribution in its absolute discretion, including without limitation where it believes that accepting the contribution would conflict with the mission, values or interests of POSCON, and/or where, having regard to the source of the contribution or intentions of the contributor, POSCON considers that to accept the contribution could damage the reputation of POSCON or adversely affect the relationship of POSCON with other contributors or stakeholders.
POSCON is not a party to any terms of service set by any of its PSPs, and has no obligations or liability to any User or any other party under such terms.By agreeing to these Terms, you agree to be bound by any terms of service or other rules established by POSCON’s PSPs in connection with payment transactions through the Sites. As a condition of POSCON enabling payment processing services through its PSPs, you agree to provide POSCON accurate and complete information about yourself, and you authorize POSCON to share such information and other transaction information related to your use of the payment processing services provided by POSCON’s PSPs. You understand and agree that POSCONand its PSPsreserve the right, in their sole discretion, to (i) obtain a pre-authorization via your credit card for the total payment due, or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum, to verify your credit card. As a general rule, POSCONor its PSPswill not charge your credit card in advance. Please note that POSCON cannot control any fees that may be charged to you by your bank related to POSCON’s or its PSPs’ collection of payment, and POSCON disclaims all liability in this regard. In connection with your contribution or other purchase, you will be asked to provide customary billing information such as name, billing address and credit card information either to POSCON or its PSPs.
Taxes and Payment Collection:
You are responsible for and shall pay all sales, use, value-added, withholding, personal property or other tax, duty, currency conversion charges, or levy of any kind, including interest and penalties thereon (“Taxes”), whether imposed now or later by any governmental entity in connection with any purchases or payments made through the Sites. If you fail to pay any amount when due, we may immediately suspend your access to the Sites or your accounts.
USER CONDUCT AND OTHER IMPORTANT RULES FOR USE OF THE SITES
By purchasing any Products or Services and/or otherwise using the Sites, you agree that:
- You will only use the Sites and any Products or Services obtained through the Sites for your personal and sole use;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use any of Sites for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Sites to cause nuisance, annoyance, or inconvenience;
- You will not try to harm the Sites in any way whatsoever;
- You will not copy or distribute the Sites or any POSCON Content without written permission from POSCON;
- You will keep secure and confidential your account password or any identification we provide you which allows access to any of the Sites;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use an access point or other data account which you are authorized to use;
- You will not use any of the Sites with an incompatible or unauthorized device;
- You will not use or introduce into the Sites any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Sites, servers, or networks connected to the Sites, crack passwords or security encryption codes, or take any other action that interferes with any other person’s use of the Sites;
- You will not use any automatic or manual device or process to harvest or compile information from the Sites for any reason;
- You will not copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code of the Sites, or any ideas, the Products or Services, designs or information available through the Sites or on which the Sites or the Products or Services are based;
- You will not use any Product or Service obtained through the Sites or any content made available through the Sites in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party;
- You will not use the information in the Sites to create or sell a similar service or product as the Services or Products which are made available through the Sites;
- You will not send unsolicited advertising or promotions, requests for donations, or spam;
- You will not harass or abuse another User; and
- You will not attempt to arrange business transactions with other Users that take place outside the venue of the Sites.
Deactivation of Your Account:
We may modify, suspend, or close your account or otherwise stop providing the Sites in whole or in part at any time and for any reason, including if you do not comply with any of the above rules. We will not be liable to you or any third party for suspension or termination of the Sites or your account. You will not be able to access any information in your account once your access has been suspended or terminated or the Sites themselves have been shut down. YOU ARE RESPONSIBLE FOR MAKING SURE YOUR CONTENT AND OTHER INFORMATION YOU DESIRE IS PROPERLY BACKED UP SO YOU HAVE ACCESS TO IT IN THE EVENT OF LOSS, CORRUPTION, OR CESSATION OF THE SITES, YOUR LISTING, OR TERMINATION OR SUSPENSION OF YOUR ACCOUNT. WE DO NOT EXPORT YOUR CONTENT, YOUR INFORMATION, OR OTHER DATA DURING YOUR USE OF THE SITES, OR PROVIDE YOUR CONTENT, INFORMATION, OR OTHER DATA TO YOU WHEN YOUR ACCOUNT IS CLOSED.
DISCLAIMER OF WARRANTIES
USE OF THE SITES, PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
Sites Disclaimer. THE SITES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITES IS AT YOUR SOLE RISK. POSCON DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES POSCON MAKE ANY WARRANTY AS TO THE ACCURACY OF ANY CONTENT OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITES. POSCON MAKES NO OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, OR TIMELINESS, IN RELATION TO THE SITES. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON THE SITES OR ANY INFORMATION THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS. PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS AGREEMENT.
Product & Service Disclaimer. THE PRODUCTS AND SERVICES, AND THE INFORMATION AVAILABLE THROUGH THE SITES, MAY NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, ALL PRODUCTS AND SERVICES PURCHASED OR OTHERWISE OBTAINED FROM POSCON ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING SUITABILITY FOR USE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF ALL PRODUCTS AND SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY, AND OTHER LEGAL RIGHTS MAY BE GRANTED IN SUCH JURISDICTIONS.
LIMITATIONS OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ANY PRODUCTS OR SERVICES, THE SITES, SITE-RELATED CONTENT OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCTS OR SERVICES IS THE REFUND/RETURN OF SUCH PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES, ANY SITE CONTENT, OR ANY LINKED WEBSITES IS TO STOP USING THE SITES, SITE CONTENT, OR LINKED WEBSITES.
IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL POSCON BE LIABLE FOR ANY DAMAGES RELATING TO PRODUCTS OR SERVICES OR THESE TERMS IN AN AMOUNT GREATER THAN THE AGGREGATE NET PURCHASE PRICE YOU PAID FOR THE PRODUCTS OR SERVICES. Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to you.
RELEASE AND INDEMNIFICATION
By purchasing and using any Products or Services obtained through the Sites, and/or otherwise using the Sites, you agree to release, defend, indemnify and hold harmless POSCON and its officers, members, directors, employees, affiliates, contractors, licensors and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Sites; (b) Your Content; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations within these Terms; (d) your infringement or misappropriation of any intellectual property or other rights of POSCON or third parties; (e) any negligence or willful misconduct by you; (f) any claims of personal injury, death, loss or damages arising from or in connection with any Products or Services; or (g) your interaction with any other User. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
It is POSCON’s policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. POSCON will terminate the access of all Users who infringe the intellectual property rights of others. Likewise, any apparent infringement of POSCON’s intellectual property rights by any User will result in the immediate termination of that User’s access to the Sites.
If POSCON removes or disables access to UserContent or Third Party Content according to these Terms, POSCON may, in its discretion, provide the Content Contributor with a copy of the notification which prompted removal or disabled access to the UserContent or Third Party Content. However, POSCON reserves the right to withhold access to and/or not replace the UserContent or Third Party Content unless ordered to do so by a court or other tribunal of competent jurisdiction.
REPORTING COPYRIGHT INFRINGEMENT
If you believe someone is using your copyrighted work without your permission on any of the Sites, you may contact our Designated Copyright Agent using the following contact information:
- Positive Control LLC, 2803 Philadelphia Pike Ste 101, Claymont, DE 19703
- Email: [email protected]
We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized byyou, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
POSCON makes no representations whatsoever about any other website that you may access though the Sites. When you access a non-POSCON website, please understand that it is independent from POSCON, and that POSCON has no control over the content on that website. In addition, a link to a non-POSCON website does not mean that POSCON endorses or accepts any responsibility for the content, or the use, of the linked website. You must ensure that whatever you select for your use or download from that website is free of items such as viruses, worms, trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.
The e-mail address you provide during the account registration process will be used for all Site-related communications to you. We may also send you messages via your account for the Sites. It is your responsibility to monitor these messages and respond in an appropriate manner.Our Sites may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the Sites is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.
You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. All communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send a request to:
- Positive Control LLC, 2803 Philadelphia Pike Ste 101, Claymont, DE 19703
- Email: [email protected]
CHOICE OF LAW AND VENUE
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR SITES. These Terms are entered into in the State of Delaware, U.S.A., and are governed by the laws of the State of Delaware, U.S.A., exclusive of its choice of law rules. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF PHILADELPHIA IN THE STATE OF PENNSYLVANIA, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.