Terms of Use

Terms of Use

This Positive website (the “Site”) is owned and operated by Positive Fulfillment Services Ltd.(“Positive”). The Site provides access to information, materials, texts, graphics, images, and related services (collectively, the “Site Services”). By accessing the Site and utilizing any Site Services, you indicate your acknowledgment and acceptance of the following Site use terms and conditions (“Site Terms”). These Site Terms may change from time to time and you agree to be bound by any such changes when posted on this Site. Positive, including its affiliates as applicable, reserves all of its rights at law and equity, including the right to block access to this Site if you violate any of these Site Terms.

SITE CONTENT

Information on this Site includes information posted, transmitted, or uploaded by Positive, including information provided by Positive to assist users in using the Site and Site Services, and may also include information posted, transmitted, or uploaded by other users (“User Content”). Positive uses reasonable commercial efforts to ensure that the information contained on this Site is accurate at the time of its posting, but does not in any way guarantee the currency, accuracy, completeness, non-infringement, or authenticity of such information and the information may be superseded by a subsequent posting without notice. IN NO EVENT WILL POSITIVE, ITS AFFILIATES, OR ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE SITE SERVICES, THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE.

COPYRIGHT

The information, content, text, graphics, logos, images, audio clips, and software displayed on this Site, excluding User Content, is the property of Positive or its licensors, as the case may be, and is protected by copyright laws. While we invite you to browse, no content or information on this Site may be downloaded, reproduced, or modified in any manner without the prior written consent of Positive or as otherwise expressly provided herein.

USE

The Site is provided by Positive to support the Site Services. The Site may allow you to provide content to the Site. All text, data, messages, information, graphics, images, or any other material that you upload, transmit, or post in using the Site (“Your Content”) is entirely your responsibility and Positive is not responsible for Your Content. Positive will not be liable under any circumstances for any damages of any kind caused as a result of Your Content.

You shall not use the Site or the Site Services, including uploading, posting, or transmitting Your Content, to: participate in any fraudulent activities; deliver or disseminate any unsolicited bulk or unsolicited commercial e-mail (“Spam”); deliver or disseminate any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, including intellectual property rights; or impersonate any person or entity including, but not limited to, Positive. You shall not utilize this Site and underlying connection to interfere with computer networking or telecommunications service to or from any Internet user, host, provider, or network, including, but not limited to, denial of service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host. In the event that you violate any of the foregoing terms or any other Site Terms, Positive reserves the right, in its sole discretion, to immediately terminate your access to the Site, the Site Services, or any portion thereof.

You may download materials displayed on the Site for supporting your use of the Site, provided that you retain all copyright and other proprietary notices contained in such materials.

FEEDBACK

By submitting ideas, suggestions, drawings, and/or other documents (“Feedback”) to Positive through any webpage or other mechanism on the Site, you acknowledge and agree that: (a) your Feedback does not contain the confidential or proprietary information of you or any third party; (b) Positive is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) Positive may use or disclose such Feedback for any purpose, in any manner, and in any media, now known or hereafter developed; (d) Positive may have something similar to the Feedback already under consideration or development; (e) your Feedback automatically becomes the property of Positive; and (f) you are not entitled to any compensation of any kind from Positive for your Feedback.

INDEMNIFICATION

You agree to indemnify and hold Positive harmless from all demands, claims, proceedings, awards, actions, damages, losses, costs, charges, and expenses, including, but not limited to, legal fees, incurred by or made against Positive which result from or relate to your use of the Site, your use of the Site Services, any violation of any third party rights with respect to Your Content, and/or any violation by you of the Site Terms. You will give Positive prompt notice of any such demand, claim, or proceeding that you are aware of.

NO WARRANTIES

All information contained on this Site is provided “as is” without warranties of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, merchantable quality, title, fitness for a particular purpose, security, accuracy, and non-infringement. Positive may add or change the information contained on this Site, as well as amend the Site Services, programs, products or offerings described on this Site, without notice. Positive makes no representation or warranty, assumes no responsibility, and shall not be liable in respect of any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site, your use of the Site Services, or your downloading of any information, materials, data, text, or images from the Site.

TRADEMARKS

The trademarks and logos displayed on this Site are the property of Positive or other third parties. You are not permitted to use any of these trademarks without the prior written consent of Positive or the third party.

PRIVACY

You agree that if you provide any personal information to us through this Site, Positive may use this information and disclose it to others for the purpose of providing you with the Site Services. The collection and provision of personal information about identifiable individuals is governed by Positive’s Privacy Policy.

USERNAME AND PASSWORD

There may be, now or in the future, certain features of the Site that require you to use a username and password. You are responsible for maintaining the confidentiality and security of your username and password. You are responsible for all activity occurring under your username and password. You agree to immediately notify us of any unauthorized use of your username or password and of any other breach of security.

LINKS TO THIRD-PARTY SITES

This Site may contain a number of links to third-party sites. Positive does not control these linked sites, which you may use at your own risk, and is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. Positive makes no representation, warranty, or endorsement whatsoever about any other website which you may access through this Site.

SECURITY

This Site uses administrative, contractual, physical, and technical means to protect against the unauthorized access to personal information, such as confidentiality agreements with employees and firewalls. Although Positive takes reasonable steps concerning security of this Site, no website is completely secure from unauthorized access.

CAN-SPAM ACT

The CAN-SPAM Act (“CANSPAM”) is a law that sets the rules for commercial e-mail, establishes requirements for commercial messages, gives recipients the right to have e-mails stopped from being sent to them, and spells out tough penalties for violations.

We collect your e-mail address in order to: send information, respond to inquiries and/or other requests or questions, market to our mailing list, and continue to send e-mails to clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to: not use false or misleading subjects or e-mail addresses; identify the message as an advertisement in some reasonable way; include the physical address of our business or site headquarters; monitor third-party e-mail marketing services (if one is used) for compliance; honour opt-out/unsubscribe requests quickly; and allow users to unsubscribe by using the link at the bottom of each e-mail.

If at any time you would like to unsubscribe from receiving future e-mails, you can e-mail us or follow the instructions at the bottom of each e-mail and we will promptly remove you from ALL correspondence.

JURISDICTION

This Site, including without limitation its content, originates in Canada. The Site shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. All disputes, proceedings, or claims arising out of or in connection with this Site shall be submitted to and be subject to the exclusive jurisdiction of the Courts of the Province of Ontario.

GENERAL

Any consent by or waiver of a party to a breach by the other party, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused. These Site Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancel and supersede any prior understandings and agreements between the parties hereto with respect to the subject matter hereof. In the event that any one or more provisions contained in these Site Terms are held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability will not affect any other provisions of these Site Terms and the Site Terms will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

CONTACTS

If you have any questions concerning the Site Terms, please Contact Us.