Terms of Service

Terms of Service

 

  1. Terms

 

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Service along with our Privacy Policy and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Power of Positivity also know as “PoP”, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

 

If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this web site are protected by United States copyright and trademark law.

 

  1. Information about us

 

Founded and owned by Kristen & Chris Butler, Power of Positivity® or www.powerofpositivity.com or in short form “PoP” celebrates the lifestyle of positive thinking and attitude. PoP is located in Asheville, NC and was founded in 2009. The brand’s mission is to provide daily inspiration and science-based solutions to its community to improve well-being and create a happier, more positive life. Our website is owned and operated by Power of Positivity LLC. We are a Limited Liability Company in Asheville, North California. Power of Positivity® is a registered Intellectual Property of us.

 

  1. Disclaimer

Power of Positivity or PoP grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, non-commercial use. We can change these terms of use at any time. Please check these terms of use from time to time to take notice of any changes we made, as these are binding on you. PoP makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PoP does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

 

  1. Accessing our site

 

  1. The information on our site is made available free of charge.

 

  1. We do not guarantee that our site, or any content on it, will always be available or will never be interrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if our site is ever unavailable for any reason.

 

  1. You are responsible for making all arrangements necessary for you to have access to our website.

 

  1. Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof. (e) If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must keep that information confidential and must not reveal it to any third party (f) We can disable any user identification code or password at any time if, in our reasonable opinion, you have failed to keep to these terms of use.

 

We reserve the right to change, suspend, or cease the Site with or without notice to you. You approved that the PoP will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

 

  1. Intellectual property rights

 

We respect the intellectual property of others and ask that users or visitors of our website do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides a solution for the removal of any infringing materials. Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website. Following –

 

  1. We own or hold a licence for all intellectual property rights in our site, and in the content on it. The content is protected by Trademark & Copyright laws and treaties around the world.

 

  1. You can print off one copy, and may download extracts, of any page from our site for your personal use, and you can refer others within your organisation to any content on our site.

 

  1. You must not change the printed or digital copies of any content you have printed off or downloaded, and must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.

 

  1. You must always acknowledge us (and any identified contributors) as the authors of content on our site.

 

  1. You must not use any part of the content on our site for commercial purposes without first getting a licence from us or the organisation which gave us our licence to use that content.

 

  1. If you print off, copy or download any part of our site in a way that breaks these terms of use, your right to use our site will end immediately and you must return or destroy (as specified by us) any copies you have made of the content.

 

  1. Reporting Infringement

 

PoP is dedicated to ensuring that contents do not violate or infringe a Rights Owner’s intellectual property (IP). Rights Owners can report infringing content if they find on www.powerofpositivity.com. To submit a notice of IP infringement, you must be the Rights Owner who owns the IP being reported or an agent with approval from the Rights Owner to submit notices on his or her behalf. Do not forget to provide your contact details (name, address, phone number, email address, secondary contact details) when you report infringement. Please email to support@powerofpositivity.com with following information –

 

  1. A signature of a person authorised to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name
  2. Identification in sufficient detail of the work allegedly infringed upon
  3. Identification of the allegedly infringing material on PoP including the specific location of the material so that Legal Team can find it. Upon reporting, please provide the PoP listing URL to each item you allege is infringing
  4. The name of the intellectual property owner, Copyright/Trademark Registration Number and contact information for the notifier, including name, address, telephone number, and email address
  5. A statement that the notifier has a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law
  6. A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorised to make the complaint on behalf of the copyright owner.

 

If you misrepresent that material is infringing, you may be liable for damages (including costs and lawyers’ fees). Therefore, if you are not sure whether the material is infringing, please contact a lawyer before submitting a notice to PoP. Fraudulent or abusive notices or other misuse of PoP’s Intellectual Property Policy may result in account termination or other legal consequences.

 

  1. Suspension and termination

 

If we decide that your use of our site does not keep to this acceptable use policy, we may take whatever action we consider appropriate. If you do not keep to this acceptable use policy, you will have broken our website terms of use, which may result in us doing any or all of the following.

 

  1. Temporarily or permanently withdrawing your right to use our site, without giving you notice.
  2. Temporarily or permanently removing any material or contribution you have posted or uploaded to our site, without giving you notice.
  3. Give you a warning email
  4. Give law-enforcement authorities any information they reasonably need.
  5. Take any other action we think is necessary.

 

  1. Changes to this acceptable use policy

 

We may change this acceptable use policy at any time. You should read this page from time to time to check for any changes we make, as they are legally binding on you. Some parts of this acceptable use policy may also be overruled or replaced by conditions or notices published elsewhere on our site.

 

  1. Legal Compliance

 

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Power of Positivity reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy. For more information support@powerofpositivity.com

  • Dispute Resolution

 

Before either party may seek arbitration, the party must issue a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to support@powerofpositivity.com. After the Notice is received, you and the Company may attempt to resolve the claim or dispute amicably.

  • Entire Terms

 

These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to PoP is that of an independent user, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.