TERMS OF USE – Welcome to staypositivebands.org! staypositivebands.org and its associates provide their services to you subject to the following conditions.  If you visit, shop or donate within this website, you accept these conditions.

 

PRIVACY – Please review our Privacy Policy, which also governs your visit to our website, to understand our practice.

 

ELECTRONIC COMMUNICATIONS – When you visit staypositivebands.org or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

 

COPYRIGHT – All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of staypositivebands.org or its content suppliers and protected by international copyright laws.  The compilation of all content on this site is the exclusive property of staypositivebands.org, with copyright authorship for this collection by staypositivebands.org, and protected by international copyright laws.

 

TRADEMARKS – staypositivebands.org trademarks and trade dress may not be used in connection with any product or service that is not staypositivebands.org’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits staypositivebands.org.  All other trademarks not owned by staypositivebands.org or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by staypositivebands.org or its subsidiaries.

 

LICENSES AND SITE ACCESS – staypositivebands.org grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of staypositivebands.org.  This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This site or any portion of this site may not be reproduced, duplicated, copied, sold resold, visited, or otherwise exploited for any commercial purpose without express written consent of staypositivebands.org.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of staypositivebands.org and our associates without express written consent.  You may not use any meta tags or other “hidden text” utilizing staypositivebands.org’s name or trademarks without the express written consent of staypositivebands.org.  Any unauthorized use terminates the permission or license granted by staypositivebands.org.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of staypositivebands.org so long as the link does not portray staypositivebands.org, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use any staypositivebands.org logo or other proprietary graphic or trademark as part of the link without express written permission.

 

PRODUCT DESCRIPTION – staypositivebands.org and its associates attempt to be as accurate as possible.  However, staypositivebands.org does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.  If a product offered by staypositivebands.org itself is not as described, your sole remedy is to return it in unused condition.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIBILITY – THIS SITE IS PROVIDED BY STAY POSITIVE ON AN “AS IS” AND “AS AVAILABLE” BASIS.  STAY POSITIVE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KINDS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMAITON, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  BY USING THIS SITE YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STAY POSITIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STAY POSITIVE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM STAY POSITIVE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BY VISITING THIS SITE YOU AGREE THAT STAY POSITIVE IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION – You agree to defend, indemnify and hold harmless staypositivebands.org, its officers, directors, employees, agents, licensors, suppliers, vendors, manufacturers and distributors (collectively, the ” staypositivebands.org Parties”) from and against any and all claims, actions, demands, charges, complaints, damages, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees), arising from or in connection with: (a) your misuse of the Website; (b) any Content submitted, posted, or otherwise provided by you to the Website, any of the staypositivebands.org Parties, and/or its agents, third party licensors or licensees, (c) your breach of any provision of these Terms of Use or any representations you provide herein, and/or (d) your use of the Website. staypositivebands.org reserves the right to take exclusive control and defense of any claim subject to this indemnification by you, in which event you will cooperate fully with staypositivebands.org in asserting any and all available defenses. This provision does not require you to indemnify any of the staypositivebands.org Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Content provided hereunder.

 

APPLICABLE LAW – By visiting staypositivebands.org, you agree that the laws of the State of Indiana, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and staypositivebands.org or its associates.

 

DISPUTES – Any dispute relating in any way to your visit to staypositivebands.org or to products you purchase through staypositivebands.org shall be submitted to confidential arbitration in the State Indiana, except that, to the extent you have in any manner violated or threatened to violate staypositivebands.org intellectual property rights, staypositivebands.org may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana, and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY – Please review or other policies, such as our Shipping and Returns policy, posted on this site.  These policies also govern your visit to staypositivebands.org.  We reserve the right to make changes to our site, policies, and these Terms of Use at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

QUESTIONS – Questions regarding our Terms of Use, Privacy Policy, or other policy-related material can be directed to our support staff via the Contact Us section of this site.