TERMS OF SERVICE
This is a binding legal contract. Please read it in full.
Accepting these Terms
Please read these Terms of Service (“Terms”) carefully before using PositivelyDaily.com (the “Site”) operated by Positively Daily LLC (“Company”).
By accessing or using any content on the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Site.
This website is made available to you on the following conditions, and you consent to these terms by continuing to use the site. Please read them carefully, and if you disagree with any, navigate away from the site.
Sometimes, you will be subject to additional terms and conditions, such as when you purchase something or disclaimers which may appear on the site.
PRIVACY POLICY
Your use of the Site is subject to Company’s Privacy Policy which may be found here: http://www. PositivelyDaily.com/privacy-policy/. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications provided electronically to you by Company, via email and on the Site, satisfy any legal requirement that such communications be in writing.
LINKS TO THIRD PARTY SITES
The Site may link to other websites (“Linked Sites”). These Linked Sites are not under the control of Company. Company is not responsible for the contents of any Linked Sites. Company provides these links as a convenience to you. The links do not constitute endorsement by Company of the site or any association with its operators.
INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site in strict accordance with these Terms. All content included on this Site is the property of Company and is protected by copyright and other laws that protect Company’s intellectual property and proprietary rights. You agree to not modify, publish, transmit, reverse engineer, or create derivative works found on the Site. You agree that you do not have nor will have any ownership rights in any protected content, and that Company does not grant you any licenses, express or implied, to the intellectual property of Company except as expressly authorized by these Terms.
OUR COPYRIGHTS
The content you see here, including text, images, custom software, compilations of resources, and audio and video content, or made available by the site elsewhere, is the sole and exclusive property of Positively Daily LLC. It is protected by United States and international copyright laws. We take our intellectual property rights seriously and search for infringing uses of our copyrighted material, such as copying, passing off as your own, or other infringing uses, whether personal or commercial. If you desire to use the information on this website other than by viewing it for your personal use, we offer licenses, starting at $5,000 each, to do so. If you are found using the information other than as explicitly allowed by this agreement, we will notify you and bill you accordingly.
OUR TRADEMARKS
Logos, slogans and catchphrases, design aspects of the site, icons, scripts, and service names which appear on the site or elsewhere are trademarks of Positively Daily LLC and protected by U.S. law. These trademarks help consumers identify Positively Daily LLC as the source of the information or materials bearing the logo, slogan, or other trademarked design. They may not be used by you in any way that is likely to cause confusion among consumers, implies a connection or endorsement, or that undermines or discredits the brand.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses relating to or arising out of your use of the Site or services.
DISPUTE RESOLUTION
Both You and Company agree that any dispute or claim arising from or relating to these Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
LIABILITY DISCLAIMER
The information and content on this Site may include inaccuracies or typographical errors. Company may make periodical changes at any time. Company makes no representations about the suitability, reliability, timeliness, or accuracy or the information on the Site. To the maximum extent permitted by applicable law, in no event shall Company be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any other damages, without limitation.
INTERNATIONAL USERS
Company is owned and operated in the United States. If you access the Site or services provided by Company outside of the United States of America, you are responsible for compliance with your local laws.
ACCESS RESTRICTIONS
You are permitted to use the site for personal and non-commercial use. This means you cannot resell or make other commercial use of any of the content on this site, such as by downloading, copying, duplicating, reproducing, or otherwise removing information from the site for your (or a third party’s) commercial benefit, whether manually or by electronic means. We reserve all rights, including those not expressly granted in these Terms or elsewhere on the site.
You may not engage in tactics to gain an unpermitted benefit from the site, such as hiding logos or content to improve search rankings.
You are responsible for understanding the laws of your jurisdiction as they pertain to using a website like this one, and agree to be bound by the requirements of those laws.
The limited license you are granted to use this site is terminated if you violate any of these Terms. Company reserves the right, in its sole discretion, to terminate your access to the Site at any time without notice.
CONTENT PROVIDED BY YOU
Occasionally we may make comment features available to site visitors. You agree not to post anything illegal, vulgar, threatening, obscene, defamatory, libelous, or infringing, or to make use of comment features to promote spam, commercial solicitation, or software viruses. We reserve the right to delete any comment regardless of its contents, and to block you from our site at our sole discretion.
We also make a contact form available for your use. Whether you provide content to use through a comment feature or contact form, you give us a non-exclusive, royalty free right to use, reproduce, publish, adapt, display, and distribute any such content throughout the world in any form. This includes the right to include the name under which you submitted the content. Please be aware of this before sending personal information or information with commercial value, whether by or about you or any third person or entity.
We take no responsibility or assume liability for any content posted by you or any third party.
COPYRIGHT ISSUES
We take copyright issues seriously. If you feel we have infringed upon your copyrights, please contact us at: helloadmin@positivelydaily.com. We will promptly investigate the matter.
OTHER PARTIES’ INFORMATION
Occasionally, we will post about, or allow other parties to post about, information and services provided by companies other than Positively Daily LLC. We do not warrant the offerings of these companies or the safety of their websites. We do not assume any responsibility for their actions, or the outcome of using their products or content. You are advised, and agree, to review the terms and privacy policy governing the information, services, and goods of third parties you may learn about on this site.
DISCLAIMER OF WARRANTIES; USE AT YOUR OWN RISK
THE INFORMATION AND CONTENT MADE AVAILABLE TO YOU ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS AVAILABLE HERE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY PART OF IT IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES PROVIDED BY THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF INFORMATION, CONTENT, OR OTHER MATERIALS OR SERVICES INCLUDED ON THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, TO THE EXTENT YOUR STATE LAW ALLOWS FOR SUCH DISCLAIMERS.
GOVERNING LAW
These terms are governed by the laws of Montana without regard to its conflict of law rules, and the laws of the United States of America.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and Company with respect to the Site and supersedes all prior or contemporaneous communications between you and Company. By using this site, you certify that you are over the age of eighteen.
If you make a purchase on this website, you are subject to this agreement and others, including our no refunds policies, if any.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable, the rest of this agreement shall still be enforceable and the portion deemed invalid will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
CHANGE TO TERMS
Company reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed on updates.
CONTACT US
Company encourages you to contact us at helloadmin@positivelydaily.com with any questions or comments regarding these Terms.
Updated January 2025