LIMITATION ON POSITIVELY SUSTAINABLE LIABILITY
Positively Sustainable’s (herein referred to as “Company”) liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Positively Sustainable from Subscriber. Positively Sustainable will not be liable for consequential, incidental, punitive, special, exemplary, or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by Positively Sustainable. Without limitation, Positively Sustainable shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing the Positively Sustainable website or any other source of material provided by Positively Sustainable; (3) any absence of material on the Positively Sustainable website; (4) Positively Sustainable’ failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. Positively Sustainable and Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between Positively Sustainable and Subscriber. “No-risk” and “risk-free” refer solely to the subscription price refund policy.
Access To this Website
YOU MUCH BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THIS WEBSITE FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.
To access this site and the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current and complete. If our Company believes the information you provide is not correct, current or complete, we have the right to refuse your access to this site or to any of its resources and to terminate or suspend your access at any time without notice.
Restrictions On Use
You may use this site for purposes expressly permitted by this website. You may not use this site for any other purposes, including any commercial purpose without our Company’s express prior written consent. For example, you may not (an may not authorize any other party to):
- Co-brand this site
- Frame this site or
- Hyper-link this site
Without express prior written permission of an authorized representative of our Company. For the purpose of these TOS, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as it reasonably likely to give a user the impression that such other party has the right to display, publish or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
The material and content (herein referred to as “Content”) accessible from this site and any other website owned, operated, licensed or controlled by our Company, is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all rights, title and interest in the Content. As such, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without prior written content of our Company and acknowledgement of its source, or unless authorized in writing elsewhere on our site, except that you may print out a copy of our Content solely for your personal use. In doing so you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these TOS violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this website or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed as the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third party site does not necessarily imply endorsement by our Company of that site.
You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated tour Company through this site (together, herein referred to as “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.
You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up to date, and should not be used to replace any written reports, statements or notices provided by the Company. Investors, borrowers and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgement. Information obtained by using this site is not exhaustive and does not cover all issues, topics or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as-is, where-is” and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, or NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and our Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, report or correCtion IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. OUR COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTANT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
Limitation on Liability
COMPANY, ITS SUBSIDIAIES, AFFILIATES, DBAS, LISCENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR TOHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LISENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify and hold Company, its subsidiaries, DBAs, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (herein referred to as “Indemnified Parties”) harmless from any breach of these TOS by use, including any use of Content other than as expressly authorized in these TOS. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgements, awards, costs, expenses and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site or other Company sites.
Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks and logos to the Company. Company and any party that provided trademarks, service marks and logos to Company retains all rights with respect to any of their respective trademarks, service marks and logos appearing in this site.
Information You Provide
You may not post, send, submit publish or transmit in connection with this sit any material that you do not have the right to post, including proprietary material of any third party; material that is vulgar, indecent, pornographic, offensive or obscene; that violates the law; that advocates an illegal act or intent to commit an illegal act; does not pertain to the subject of this site, seeks to exploit children or expose them to inappropriate content, infringes on any intellectual property or other right of an person or entity including violations of trademarks, copyrights or their rights of publicity; solicits moneys, sponsors or advertisers, content that contains viruses, worms and/or Trojan horses or any other computer code, files or programs designed for mal-intent including those which interrupt, destroy or limit the functionality of any computer or telecommunications, advertises any commercial endeavor or commercial activity except as may be authorized by Company on this site including pyramid or similar schemes; disrupts or affects the ability of other people to engage in activities on this site; disobeys policies and regulations set forth on this site, includes mp3 file format or hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these TOS, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission.
Any passwords used for this site are for individual use only. You will be responsible for the security of your passwords (if applicable). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers to be not secrete, Company will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or account. The use or distribution of tools designed for compromising security (i.e. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other site in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these TOS.
Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these TOS.
By accepting this agreement you waive and hold harmless Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities.
The TOS will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Company arising out of these TOS or pertaining to the subject matter herein. The parties to these TOS each agree that the exclusive venue for any dispute between the parties arising out of these TOS or pertaining to the subject matter of these TOS will be in the state and federal courts will be in San Diego County, California. If any of these TOS is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These TOS constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise the TOS at any time by updating this posting.