Terms and Use
Effective January 1, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
· Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
· Country refers to: Georgia, United States
· Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Positive Push Press LLC, P O Box 422054, Atlanta, GA 30342.
· Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
· Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
· Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
· Website refers to Positive Push Press, accessible from www.positivepushpress.com
· You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Privacy Policy Link: Insert here
Ownership
This website is owned and operated by Positive Push Press, LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors general information, recommendations, products, and services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
Use of Website
In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Affiliate Link Policy
From time to time, we may highlight products that we have an affiliate relationship with. This is will be noted. If you click on one of these affiliate links and end up making a purchase, we will earn a small commission from your purchase.
Currently, Canva (www.canva.com) is our only affiliate partner. We link to this company because of the quality and not because of the commission we receive from your purchases.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Disclaimer of Endorsement
The links and tech tool recommendations are being provided as a convenience and for informational purposes only. They do not constitute an endorsement or recommendation or an approval by Positive Push Press, LLC. Positive Push Press, LLC bear no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
Prices
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
Products are sold directly through Positive Push Press.com
The prices we charge for our products are listed. If you click the products links you will make your purchase ; we utilize WIX for payment processing. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur.
Fees for services are based on specific services rendered. Contracts will be generated for all consulting services which clearly state total fees due and all services/ deliverables and dates payments are due. Written contracts will be provided for all services rendered.
Return and Refund Policy
Books sales are final.
Digital products, electronic books, and online courses are not eligible for return.
Retention of right to change offering
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Ownership of intellectual property, copyrights, and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Positive Push Press, LLC. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
Copyright Policy
All of our materials are copyrighted. Any unauthorized reprint or use of our materials is prohibited. No part of our materials may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system without the express written permission of Positive Push Press, LLC.
Intellectual Property
All Intellectual Property Rights in Online Courses and speeches, workshops, seminars, sessions, professional learning events and all printed/ digital material created, delivered and facilitated by Positive Push Press LLC are, and remain, the intellectual property of Positive Push Press LLC or its licensors, whether adapted, written for or customized for the Client or not.
You are not authorized to:
(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any material without prior express, written permission.
(ii) record on video or audio, relay by video, digitally download or any other means the any material developed by Positive Push Press, LLC.
(iii) use any materials created by Positive Push Press, LLC in the provision of any other course or training whether given by us or any third-party trainer.
(iv) remove any copyright or other notice of Positive Push Press, LLC on any materials.
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the online courses.
Breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials in respect of the Online Course for the sole purpose of completing the Online Course or manner specifically indicated in consulting contracts.
Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
Indemnification
You agree to indemnify and hold Positive Push Press, LLC. harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Positive Push Press, LLC, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, [website owner] assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Although Positive Push Press aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the services or online course materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue, or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional emails and content
You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of United States of America, Georgia without respect to its conflict of laws principles. All such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Atlanta, Georgia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Confidentiality
Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.
Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
This clause shall continue notwithstanding termination of these terms and conditions.
Termination
Positive Push Press, LLC. shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect if you:
· fail to pay when due your Fees;
· act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Positive Push Press LLC.
On termination clause liability, intellectual property rights, confidentiality and restrictions shall continue notwithstanding such termination.
Assignment
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
Customer support details & contact info
Inquiries please contact: info@positivepushpress.com
P.O. Box 422054
Atlanta, GA 30342
U.S.A.