1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Positive Energy Inc, doing business as PositivEnergy ("PositivEnergy," "we," "us," or "our"), concerning your access to and use of the positivenergy.us website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). We are registered in Delaware. By accessing the Site, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you by updating the "Last updated" date. The Site is intended for users at least 18 years old.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs and graphics on the Site (the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and Marks are provided on the Site "AS IS" for your information and personal use only. You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content for your personal, non-commercial use.
3. User Representations
By using the Site, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use will not violate any applicable law or regulation.
4. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make it available. You agree not to: systematically retrieve data to create a database without written permission; trick, defraud, or mislead us or other users; circumvent security features; harass or harm others; engage in unauthorized framing or linking; upload viruses or malware; interfere with the Site's operation; use automated scripts, bots, scrapers, or data-mining tools; reverse engineer the Site's software; or use the Site to compete with us or for any unauthorized commercial purpose.
5. User Generated Contributions
The Site does not generally offer users the ability to submit or post public content. If we make that available, you represent and warrant that your Contributions: do not infringe third-party rights; are not false, misleading, unsolicited advertising, obscene, harassing or otherwise objectionable; do not violate applicable law; and do not violate the privacy or publicity rights of any third party.
6. Contribution License
We may access, store, process and use any information and personal data you provide following the terms of the Privacy Policy and your choices. By submitting feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation. We do not assert ownership over your Contributions.
7. Submissions
Any questions, comments, suggestions, ideas, feedback or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, without acknowledgment or compensation to you.
8. Third-Party Websites and Content
The Site may contain links to other websites and content originating from third parties. We do not investigate or monitor Third-Party Websites or Content and are not responsible for their accuracy or policies. Inclusion of any third-party link does not imply approval or endorsement. If you access Third-Party Websites or use Third-Party Content, you do so at your own risk.
9. Site Management
We reserve the right, but not the obligation, to: monitor the Site for violations of these Terms; take legal action against violators; refuse, restrict or disable any Contributions; remove files or content that are excessive in size or burdensome to our systems; and otherwise manage the Site to protect our rights and property.
10. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Site is hosted in the United States; by continuing to use the Site you agree to have your data transferred to and processed in the United States.
11. Term and Termination
These Terms remain in full force and effect while you use the Site. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Site to any person for any reason, including for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.
12. Modifications and Interruptions
We reserve the right to change, modify or remove the contents of the Site at any time without notice. We cannot guarantee the Site will be available at all times. We are not liable for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime.
13. Governing Law
These Terms and your use of the Site are governed by the laws of the State of Delaware, without regard to its conflict of law principles.
14. Dispute Resolution
Informal Negotiations. The parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.
Binding Arbitration. If informal negotiations fail, the Dispute will be finally and exclusively resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and where appropriate the AAA Consumer Rules. Arbitration will take place in Kent County, Delaware. Any Dispute must be commenced within one (1) year after the cause of action arose.
Restrictions. Any arbitration shall be limited to the Dispute between the parties individually; no class actions or representative proceedings are permitted.
Exceptions. Disputes seeking to enforce intellectual property rights, claims related to theft, piracy, invasion of privacy or unauthorized use, and claims for injunctive relief are not subject to informal negotiations or binding arbitration.
15. Corrections
There may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors and to change or update information on the Site at any time, without prior notice.
16. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE. OUR LIABILITY WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING OR $1,000.00 USD.
18. Indemnification
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, breach of these Terms, any breach of your representations and warranties, your violation of the rights of a third party, or any harmful act toward another user.
19. User Data
We maintain certain data you transmit to the Site for purposes of managing performance and your use of the Site. Although we perform routine backups, you are solely responsible for all data you transmit. You waive any right of action against us arising from any loss or corruption of such data.
20. Electronic Communications, Transactions and Signatures
Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices and other communications we provide electronically satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS.
21. California Users and Residents
If any complaint is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. Miscellaneous
These Terms and any policies posted by us constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. We may assign any or all of our rights and obligations to others at any time. If any provision is determined to be unlawful, void or unenforceable, it is severable and does not affect the validity of remaining provisions.
23. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Positive Energy Inc
1221 Brickell Avenue, Suite 900
Miami, FL 33131, United States
Phone (US): (305) 290-2333
abuse@positivenergy.us