Last updated: April 2, 2021
Please read these terms carefully, as they impact your legal rights, including how you may resolve disputes.
2. Responsible Use and Conduct; Prohibited Use
By visiting our Site and accessing the information, resources, services, products, and tools we provide for you (“Resources”), either directly or indirectly, you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
You understand that:
• You agree that any information you provide will always be accurate, correct, and up to date.
• You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
• Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You expressly agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
• Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
• Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
• To the fullest extent permitted by law, you are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We may provide various open communication tools on our Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Site, then it is your personal responsibility to use these tools in a responsible and ethical manner.
By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:
• is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• infringes on any trademark, patent, trade secret, copyright, or another proprietary right of any party;
• contains any type of unauthorized or unsolicited advertising; or
• impersonates any person or entity.
You agree not to use the Site or our Resources to:
• upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
• harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent;
• interfere with, disrupt, or create an undue burden on servers or networks connected to the Site including via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under this User Agreement;
• attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Service, through password mining or other means;
• tamper with any copyright protection mechanisms applicable to content on the Site;
• introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
• to automate what are otherwise manual or one-off procedures;
• inflate streaming time or view counts; or
• to frame portions of the Site within another Site.
We have the right at our sole discretion to remove any content that we feel, in our sole judgment, does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, violates any third-party copyrights or trademarks, or for any other reason. If you post content that we choose to remove, you hereby consent to such removal.
We do not assume any liability for any content posted by you or any other third-party users of our Site.
3. Use of Positive Return by Minors and Blocked Persons
Positive Return respects the privacy concerns of the users of its Sites. As a general policy, no personal information is automatically collected from users of its Sites. However, certain non-personal information is recorded by the standard operation of Positive Return’s Internet servers. Information, such as the type of browser being used, its operating system, and your domain name is gathered in order to customize your online experience. Other uses of this information include internal review of the number of users to the Sites, but only in an aggregate and non-personally-identifiable form.
Personally-identifiable information that may be collected in connection with your account is retained by Positive Return and is not sold or otherwise transferred outside the company without your prior consent. This information may be used to better understand your use of the Sites and to support advertising transactions made on the Sites.
FOR PARENTS CONCERNING PRIVACY
On the Sites specifically designed for children, Positive Return requires children to consult with their parents before furnishing data. However, Positive Return believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that may help provide a child-friendly online environment. These tools may also prevent children from disclosing online their name, address, and other personal information without parental permission. Personal information about or obtained from a child will not be used for commercial or trade purposes without the prior written consent of a parent or legal guardian of the child.
Users who have been previously blocked or terminated from accessing the Positive Return Site are not allowed to access Positive Return services, even if under a different account.
You agree to indemnify and hold harmless Positive Return and any of its parent companies, subsidiaries, and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. To the fullest extent permitted by law, we reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
While Positive Return uses reasonable efforts to include accurate and up to date information in the Site, Positive Return makes no warranties or representations as to its accuracy. Positive Return assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. Digital Millennium Copyright Act (“DMCA”) Notice
Materials may be made available via the Site by third-parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content.
However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
• 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 if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• 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 us to locate the material;
• information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
• a statement that the complaining party has 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
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent via email to email@example.com and by USPS mail to our designated agent as follows:
Positive Return LLC
7901 4th St N, STE 300
St. Petersburg, FL 33702
Telephone: (813) 444-3369
It is our policy to terminate relationships regarding content with third-parties who repeatedly infringe the copyrights of others.
Positive Return LLC, the Positive Return word mark and design mark (logo), and any other product or service name, logo, or slogan used by our company and the look and feel of the Positive Return products and services, including all page headers, custom graphics, button icons, and scripts are the trademark or trade dress of Positive Return LLC, and may not be used in whole or in part in any manner that is likely to cause confusion among customers or in any manner that discredits Positive Return LLC, without our prior written permission.
All other trademarks referenced in our services are the property of their respective owners. References on our site to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise do not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
7. Uploading Content to Positive Return
Positive Return uses reasonable security measures to protect User Content against unauthorized copying and distribution. However, Positive Return does not and cannot guarantee that any unauthorized copying, use or distribution of User Content by third-parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Positive Return shall not be liable for any unauthorized copying, use or distribution of User Content by third-parties and release and forever waive any claims you may have against Positive Return for any such unauthorized copying or usage of the User Content. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY POSITIVE RETURN HEREIN ARE PROVIDED “AS-IS,” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CIRCUMVENTION OF SUCH SECURITY MEASURES.
9. Limitation of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES WE PROVIDE ARE “AS IS” AND “AS AVAILABLE”. THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
• THE USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS.
• THE USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERRORS.
• THE INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE ACCURATE OR RELIABLE, AND
• ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.
FURTHERMORE, YOU UNDERSTAND AND AGREE THAT:
• ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT.
• TO THE FULLEST EXTENT PERMITTED BY LAW, NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL, OR WRITTEN, OBTAINED BY YOU FROM POSITIVE RETURN LLC, OR THROUGH ANY WEBISTE OR RESOURCES WE PROVIDE, SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THIS USER AGREEMENT.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR PRODUCTS AND/OR SERVICES YOU PURCHASED FROM POSITIVE RETURN LLC. POSITIVE RETURN LLC, WILL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR WEBSITE, PRODUCTS OR SERVICES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
11. Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Site and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information, to the extent permitted by applicable law.
12. Governing Law
This Site is controlled by Positive Return LLC, from our offices located in the state of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida, by accessing our Site, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of any products or services through this Site.
Furthermore, to the fullest extent permitted by law, any action to enforce this User Agreement shall be brought in the federal or state courts located in Manatee County, Florida or the United States District Court in and for the Middle District of Florida, located in Tampa, Florida. You hereby agree to personal jurisdiction by such courts and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS OTHERWISE EXPRESSED, POSITIVE RETURN LLC, EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. International Use
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
15. Idea Submission
By submitting ideas, suggestions, documents and/or proposals to Positive Return, its employees, or agents, you acknowledge and agree that Positive Return shall be entitled to use or disclose those ideas, suggestions, documents and/or proposals for any purpose in any way without providing compensation or credit to you.
16. Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us by email at firstname.lastname@example.org.