Terms of Service
Positive Action, Inc. logo
Positive Action, Inc. logo
Positive Action, Inc. logo
Positive Action, Inc. logo
Positive Action, Inc. logo
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Terms of Service

By using this Site, you accept and agree to be bound by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Service or the Privacy Policy, please exit the Site.

We may, at any time, revise or modify these Terms of Service or impose new conditions for use of this Site. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting notifications on the Site or notifying you by email. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.

Scope of Use

We may, at any time, revise or modify these Terms of Service or impose new conditions for use of this Site. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting notifications on the Site or notifying you by email. Any use of the Site by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications.

In addition, you agree not to:

  • use the Site or any products or services available through the Site in any way that violates any applicable federal, state, local or international laws, rules or regulations
  • transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site
  • use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the Content
  • introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or take any action that imposes or may impose (in Positive Action, Inc.’s sole discretion) an unreasonable or disproportionately large load on Positive Action, Inc.’s infrastructure, or damage or interfere with the proper working of Positive Action, Inc.’s infrastructure

Intellectual Property

You acknowledge that Positive Action, Inc. and its licensors own all rights, title and interest in and to the Site, the Content, and all kits and program materials, including, but not limited to, manuals, lessons, activities, stories, posters, games, songs, and other works (“Materials”), all of which are protected by United States and international copyright, trademark and other intellectual property or proprietary rights laws. Except for your personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the Site, any Content or any Materials for any purpose without Positive Action, Inc.’s prior written consent.

The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this Site are registered and unregistered Trademarks of Positive Action, Inc. and its licensors. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks. Unauthorized use of any Trademark may be a violation of federal and state trademark laws.

Privacy Policy

All information we collect on the Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Your Account

You may establish an account on the Site. At a minimum, account registration requires you to (i) indicate agreement to these Terms of Service, (ii) provide certain contact information and identification details, and (iii) submit any other form of authentication required as part of the registration process, in Positive Action, Inc.’s sole discretion. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

You are responsible for all activities that occur under your account or password, whether or not authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify Positive Action, Inc. immediately. We may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on the Site, have been made by you unless we receive notice indicating otherwise.

You may cancel your account at any time by contacting us as specified on the “Contact Us” page on the Site. Positive Action, Inc. may terminate your account and refuse any and all current or future use of the Site or other services, or any portion thereof, (i) in order to comply with applicable laws, rules and regulations, (ii) if you provide any information that Positive Action, Inc. determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (iii) if Positive Action, Inc. determines, in its sole discretion, that you are using your account in a manner not permitted by these Terms of Service, or (iv) in other circumstances, as Positive Action, Inc. deems appropriate in its sole discretion.

Purchases

Order Processing

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment and/or shipping address. Positive Action, Inc. reserves the right to reject or cancel any order you place with us and/or limit quantities on any order for any reason. If we reject your order, we will attempt to notify you using the email address listed on your account. We will process a refund if a charge has been made against your credit or debit card for orders we reject or cancel.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Positive Action, Inc. reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Product and Service Descriptions

Positive Action, Inc. attempts to provide accurate descriptions of products and services on the Site. However, Positive Action, Inc. does not warrant that the descriptions are accurate, complete, reliable, current or error-free.

Pricing and Availability

Prices and availability of products and services are subject to change without notice. Positive Action, Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit or debit card has been charged. If your credit or debit card has already been charged for a purchase and your order is cancelled, we will issue a credit to your credit or debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account.

External Websites and Links

This Site may contain links to websites operated by third parties. Positive Action, Inc. provides links to other websites as a convenience to you, and access to any other sites linked to this Site is at your own risk. Such linked websites are not under our control, and we are not responsible or liable for any loss or damage that may arise from your use of them. Links to other websites do not imply Positive Action, Inc.’s endorsement of any content, advertising, products or other materials on or available from such sites.

Reliance on Information Posted

The Content presented on or through the Site is made available solely for general information purposes. Positive Action, Inc. does not warrant the accuracy, completeness or usefulness of the Content. Any reliance you place on such information is strictly at your own risk. Positive Action, Inc. disclaims all liability and responsibility arising from any reliance placed on such Content by you or any other visitor to the Site, or by anyone who may be informed of any of its Content.

Disclaimer of Warranties

You expressly agree that your use of this site is at your sole risk. This site, its content and any products and services obtained through the site (including, but not limited to, the materials) are provided to you on an "as is" "as available" basis, without warranties of any kind, and Positive Action, Inc. hereby disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, quiet enjoyment, and non-infringement.

Neither Positive Action, Inc. nor any person associated with Positive Action, Inc. makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy or availability of the site, its content or any products or services obtained through the site.

Without limiting the foregoing, neither Positive Action, Inc. nor anyone associated with Positive Action, Inc. represents or warrants that the site, its content or any products or services obtained through the site will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the site or the server that makes it available are free of viruses or other harmful components or that the site, its content or any services obtained through the site will otherwise meet your needs or expectations.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation of Liability

In no event will Positive Action, Inc., its licensors or content providers be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any content on the site or any products or services obtained through the site (including, but not limited to, the materials), including any direct, indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. By your use of this site, you acknowledge that this paragraph shall apply to all content, products and services available through this site (including, but not limited to, the materials), except where the exclusion or limitation of liability which cannot be excluded or limited under applicable law. In any event, under no circumstances will Positive Action, Inc. be liable to you for any amount exceeding the amount of fees actually paid by you to Positive Action, Inc. during the month immediately preceding the act allegedly giving rise to our liability.

Indemnification

You agree to defend, indemnify and hold harmless Positive Action, Inc. and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Service or your use of the Site, including, without limitation, any use of the Site’s Content, services and products (including, but not limited to, the Materials) other than as expressly authorized in these Terms of Service or your use of any information obtained from the Site.

Termination and Effect of Termination

In addition to any other legal or equitable remedies, Positive Action, Inc. may, without prior notice to you, terminate these Terms of Service and revoke any or all of your rights granted under these Terms of Service. Upon any such termination, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of these Terms of Service shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising prior to the date of termination.

International Access

The Site may be accessed from countries other than the United States. The Site may contain products or services or references to products or services that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws, rules and regulations.

Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms of Service, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Service or the Site shall be instituted exclusively in the federal or state courts located in Twin Falls County, Idaho. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations

Positive Action, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Terms of Service, including without limitation the right to block access from a particular Internet address to the Site and to refer any illegal or unauthorized use of the Site to law enforcement.

Waiver and Severability

No waiver of these Terms of Service by Positive Action, Inc. shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Positive Action, Inc. to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.

Electronic Communications

When you use the Site or send emails to Positive Action, Inc., you are communicating with Positive Action, Inc. electronically. You consent to receive electronically any communications related to your use of this Site. Positive Action, Inc. may communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement

These Terms of Service and our Privacy Policy, Return Policy, Shipping Policy and all other rules, guidelines, policies, terms, and conditions applicable to your use of the Site constitute the sole and entire agreement between you and Positive Action, Inc. with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written an oral, with respect to the Site.

Questions and Concerns

If you have any questions or comments about these Terms of Service or the Site, please contact us by email at info@positiveaction.net or write to us at:

Positive Action, Inc.
264 4th Avenue South
Twin Falls, ID 83301