Disclaimer & Terms of Use

This policy was last modified on 6 September 2017.

Welcome to The Daily Positive.

BEFORE USING WWW.THEDAILYPOSITIVE.COM, ITS SUBDOMAINS, ITS APP, ITS OTHER DIGITAL PROPERTIES AND ITS SOCIAL MEDIA WEB PAGES (THE “SITE”) OR THE “SERVICES” (AS DESCRIBED BELOW), PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY DESCRIBE YOUR LEGAL RIGHTS AND OBLIGATIONS WHEN YOU USE THE SITE AND/OR THE SERVICES AND EVEN AFTER THIS CONTRACTUAL AGREEMENT HAS BEEN TERMINATED.

BEFORE USING ANY PORTION OF THE SITE OR SERVICES, YOU SHOULD ALSO READ OUR PRIVACY POLICY, WHICH DESCRIBES OUR OBLIGATIONS REGARDING ANY PERSONAL INFORMATION THAT YOU PROVIDE TO US.

By continuing to use the Site and/or Services, or by submitting content for publication on the Site, you agree to abide, and that you are bound, by these Terms of Use.

We reserve the right to change these Terms of Use at any time. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. If you do not agree to the changes, you may discontinue using our Site and/or Services. Your continued use of Site and/or Services constitutes your acceptance to such changes. Each time you visit, log into and/or access our Site and/or Services, you reaffirm your acceptance of the Terms of Use. You are responsible for regularly reviewing the Terms of Use.

Unless explicitly stated otherwise, any new features or functionality that augment or enhance our Site and/or Services shall be subject to these Terms of Use. The most current version of these Terms of Use can be viewed at any time at: www.thedailypositive.com

Our Site and Services are offered and available to users who are 18 years of age or older. By accessing the Site and/or Services, you represent and warrant that you are 18 years of age or older, and of legal age to form a binding contract with us. If you do not meet this requirement, you must not access or use the Site and/or Services.

All use of the Site and Services is governed by the terms set out below. All such terms and usage of the Site or Services is governed by New Zealand law, where the Company is based.

Do not use the Site and/or Services if you do not agree with the Terms of Use set out below.

Important Notice: The Terms of Use have the same effect as an agreement in writing. The Terms of Use described below create a binding agreement between ABBH Limited (trading as The Daily Positive) and you.

Definitions

“Site” refers to The Daily Positive website at www.thedailypositive.com and its subdomains, its app, its other digital properties and its social media web pages.

“Services” refers to all products and services offered by or through the TDP including, but not limited to, written information, books, emails, tips, ideas, suggestions, discussion forums, presentations, methods, techniques, processes, audios, videos, affirmations, meditations, visualizations, coaching, classes, programs, courses, workshops, webinars, events, and retreats.

ABBH Limited, a New Zealand limited liability company, trading as The Daily Positive (“TDP”, the “Company,” “we,” “our,” and “us” are used interchangeably), owns and operates the Site and is pleased to offer you access to the Services that we currently, or may in the future, provide subject to these Terms of Use (the “Terms of Use”) and our Privacy Policy (the “Privacy Policy”), incorporated by reference herein (collectively, the Terms of Use and Privacy Policy are referred to as the “Agreement”).

“Users” will be deemed to be any person visiting or browsing the Site, utilizing or applying the contents of the Site, and/or any person purchasing Services from or through TDP (also referred to as “you”, “your” and “yourself”).

“Content Contributors” will be deemed to be any person or organization posting or submitting content of any form on the Site or within the Services, including but not limited to comments, text, articles, blogs, photographs, videos, audios, products, services, courses or programs.

About Our Site

Our Site gives Users the ability to consume positive living content, post comments and other user generated content, and to purchase access to a variety of positive living Services subject to these Terms of Use. You agree that all such transactions you enter into will be performed electronically and that the terms of the purchase of access to and use of any Services will be governed by the TDP Terms of Sale. We may, in our sole discretion, change or discontinue any or all aspects of our Site at any time, without notice, and without liability to you.

Disclaimer

The Site and Services provided by TDP and Bernadette Logue (as a representative of TDP) are purely educational in nature and are offered only as general information, and in no way are intended, nor should be considered to be, professional, registered, certified or expert advice in the areas of psychological, emotional or physical wellbeing.

You should never disregard any Professional Advice (including but not limited to medical, mental health, legal, financial or other form of Professional Advice) or delay seeking it because of a statement you have read and/or heard on our Site and/or Services.

Users must take full responsibility for their own use of and participation in the Site and/or Services.

Users who purchase any aspect of the Services must disclose any health or wellbeing concerns that may impact upon their ability to use or participate in the Services, or which may in any way be impacted upon by their use or participation. Users must undertake full personal responsibility for looking after their own health and wellbeing before, during and after the use of or participation in Services. Users must advise TDP immediately if their situation should change in relation to either, and users must take full responsibility for immediately ceasing use of the Site and/or Services.

Users must disclose any other coaching, energy work, healing, therapy, professional care, treatment or counselling they are receiving, and accept full responsibility for advising their coaches, healers, therapists, treatment providers, healthcare professionals and/or counsellors that they are using or participating in any type of Services provided by or through TDP.

Users accept that TDP and Bernadette Logue provide general information and support in the form of personal growth and positive living ideas, inspiration, life coaching and spiritual coaching, and that Bernadette Logue, as a representative of TDP, is not a psychotherapist, psychologist, therapist, counsellor or registered health or well-being practitioner. Users acknowledge that the Site and Services provided by or through TDP are in no way designed as a substitute for the care, support or instruction of registered, qualified health and wellbeing practitioners.

Users of Services may be required to respond to personal declaration questions or questionnaires during the purchase process, prior to accessing the Services. Such responses are held in the strictest of confidence. Users agree to provide full and accurate information in the abovementioned questions or questionnaires, and agree to provide full and accurate information in response to any further questions asked of them during the use of Services.

Users acknowledge that any use of the technique known as “Tapping” provided in the delivery of Services by or through TDP and/or Bernadette Logue, is provided to them on the basis that they have read and accepted this Disclaimer and Terms of Use, as part of their use of the Site and Services. Users acknowledge that by using the Site or participating in Services they may be introduced to content about, and ways to use, Tapping (also known as EFT or Emotional Freedom Techniques) to support their general personal growth. “Tapping” is a technique that works with the energy in the body, and is a part of a growing field known as energy psychology. Tapping, based upon ancient Chinese wisdom for wellness, is founded on the idea that the balance of the body’s subtle energies are important for spiritual, physical, mental and emotional wellbeing, and those energies can be balanced by stimulating meridian end points on the body. By following a simple process of gentle tapping on those meridian end points, while focusing on issues that have associated emotional distress, it is possible to reduce the intensity of those emotions and change ones perspective of issues. Tapping is a tool that can be utilized independently by users for their own self-help, or it may be referred, suggested or demonstrated on the Site or as part of Services, or other means by or through TDP. For more serious physical, mental and emotional issues (beyond general personal growth) it is recommended users instead seek support from a registered healthcare professional who may guide them through the technique under their instruction or who is expertly placed to advise of more appropriate wellbeing approaches suitable for the individual. By using or participating in the Site or Services, provided via or through TDP with Bernadette Logue (as a representative of TDP), users acknowledge Bernadette is not registered healthcare professional and that the use of Tapping and any tips or information provided by Bernadette is solely for the purpose of supporting users to learn and explore this technique for themselves in regards to general self-help for their personal growth, and is not intended in any way to be a substitute for the care, treatment, advice and support of expert, registered healthcare professionals for physical, mental and/or emotional wellbeing. While there is a growing body of research findings available online regarding the benefits of Tapping, it is generally considered an alternative wellbeing modality, seen as a complementary tool which can be considered for use alongside the accepted practises provided by registered health and wellbeing practitioners. Again, it is not in any way, and should not be considered as, a substitute for professional healthcare for physical, mental or emotional wellbeing. Nothing on this Site or in relation to the Services provided by or through TDP intends this in any way.

Users acknowledge that while utilizing the Site or Services, they have the right at all times to personally choose whether or not to participate in any form of tip, tool or technique presented for general personal growth, and if they choose to participate they do so of their own free will, and assume and accept all responsibility for any risks associated.

While using the Site or Services, users acknowledge such use or participation may involve focusing on issues of emotional distress, and this may include recalling past events, memories or experiences. Users acknowledge that at any time they are not comfortable doing so, they will take responsibility for ceasing use of the Site and Services immediately. While many people report positive experiences with the contents of the Site and Services (including Tapping) users are hereby expressly informed that it is also a possibility to experience mental and emotional distress, or physical discomfort during or after such use or participation. If users experience discomfort or negative side effects, they are asked to stop use and participation, and it is recommended that they consult a registered health and wellbeing professional where appropriate.

The Site and Services are not being suggested in any way as being a cure, treatment or prevention tool for any mental/emotional disorder or physical health issue. It is strongly advised that users seek appropriate care from registered health and wellbeing professionals, and treat all content of the Site and Services as alternative tools for personal growth that may act as a complement.

Users acknowledge that private one-on-one sessions and public group sessions, courses, programs, classes, workshops, retreats or events provided by or through the TDP, including with Bernadette Logue (representative of the TDP) may be recorded into audio format. Where the aforementioned is a private one-on-one session, such an audio recording is only made with the express permission of the User for the sole purpose of providing the User with an audio recording of their session/s afterwards as a valuable resource for reflection to listen back to. Users acknowledge that they have the option to choose whether their sessions are recorded, and if they do not wish to have their session/s recorded in this way at any time, they will immediately advise TDP. Public and/or group sessions, courses, programs, classes, workshops, webinars, retreats or events, whether offered free or as a paid Service by or through the TDP, may be recorded in video and/or audio format for the purposes of delivering upon the requirements of our Services, for the purposes of operating our core business, or for improving upon our business operations. By attending, watching, listening, using or participating in such Services, Users agree to such recordings being made.

There is no guarantee of any specific outcome with utilizing or participating in the Site or Services. The content of this Site, including testimonials from previous or existing Users of the Site and Services, is not in any way implying or creating an indication or expectation of a specific outcome, a promise of a guaranteed outcome, or a suggestion or direction that you create change, or take action, in any particular area of your life.

All results and potential results discussed or noted are hypothetical unless otherwise stated. No representation is being made that any action you take will or is likely to achieve particular results. In fact, there are frequently significant differences for individuals use or participating in the Site and Services based largely upon the individual.

All testimonials on the Site are unsolicited and are potentially non-representative of all Users. Some names of Users associated with testimonials have been withheld for privacy purposes only.

Many people find the Site and Services to be beneficial and gratifying. However, it is not prudent for everyone. Your safety and our responsibility is taken seriously. If you have questions or concerns about whether or not our Site and Services are suitable for your use or application, please contact a registered professional with the expertise to advise you. You are responsible for your choice to use or participate in any aspect of our Site and Services, and you are responsible for your own well-being and mental health during and after your participation. Your experience as a result of such use or participation will be unique to you as an individual, and you may have the experience of unexpected and undesirable emotions as you participate. For most people, examining thoughts and beliefs they’ve never examined before is a beneficial and constructive learning experience. If you are in any way concerned about your capability in handling any unexpected or undesirable emotions that might surface while using or participating, we strongly advise you to not participate. If you have a history of mental illness, whether treated or untreated, we strongly advise you to not participate. If you are unsure whether or not Site and Services are appropriate for you, or are unsure of your ability (physically, emotionally or mentally) to use or participate, we recommend you consult with a registered professional with the expertise to advise you before starting. The Site and Services are intended for individuals who fully and undoubtedly comprehend that they are responsible for their own health, well-being and choices before, during and after using and participating. The Site and Services are NOT in any way to be utilized as an alternative for medical treatment, psychotherapy or any healthcare program. If you experience any signs or evidence of mental distress during or after your use or participation, we strongly advise that you immediately contact your physician or mental health care professional. DO NOT begin to use or participate in the Site and Services if your physician or other health care provider advises you not to. You should not rely on the information provided by TDP as a substitute for professional medical advice, diagnosis, or treatment. Nor does the information within the Site or Services replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your physical or mental health, you should always consult with a physician or other health care professional. Do not disregard, avoid or delay acquiring medical advice from your healthcare provider because of something you may have read or heard while using the Site or Services. Any information provided is used solely at your own risk. The content and material presented is for educational and informational purposes only.

User actions and the results of their actions in regard to anything they receive from TDP are entirely their own responsibility. TDP cannot and will not assume liability for any results that may follow the use of any information received from TDP’s Site or Services. Any such liability is hereby expressly disclaimed. By using the Site or Services, users agree not to hold TDP or Bernadette Logue (as representative of TDP) in any way responsible or liable for any experience associated with their use or participation (including before, during or after the provision), nor for any of their experiences, choices, actions or results.

Before using or applying information on the Site or Services, Users agree that they have the right and free will to choose to seek external, independent advice from professionals before proceeding.

You must agree with the Terms of Use (stated here) in order to use any aspect of the Site and Services.

Our Right to Discontinue Site, Suspend Site or Terminate Your Use

We reserve the right at any time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice. You agree that TDP shall not be liable to you or any third party for any such modification, suspension or discontinuance of our Site, or if for any reason all or any part of our Site is unavailable at any time or for any period.

Your Access to Our Site & Restricted Use of Content

The Site and Services are intended for users aged 18+ years.

The Terms of Use permit you to use Site and/or Services for your personal, non-commercial use only.

To access the Site and/or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of our Site and Services that all the information you provide on our Site is correct, current and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

The following content standards apply when you post or submit content on or to our Site, or when you visit or use our Site and/or Services. All such posts, submissions, visits and/or use must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, you agree NOT to post or submit content, or use our Site and/or Services:

  • To send, knowingly receive, upload, download, use, re-use, duplicate, record, save, copy, reproduce, sell, re-sell, license, rent, modify, transmit, publicly display, print, publicly perform, publish, adapt, exploit, edit, or create derivative works from, the materials, content, reviews and ratings of the Site and/or Services without express written permission from TDP.
  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the transfer or export of data or software to and from New Zealand or other countries).
  • To promote any illegal activity, or advocate, promote or assist any unlawful act.
  • In any way that violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To promote or submit material that is sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • To submit material that is obscene, defamatory, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • To bully, threaten, cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • In any way that might be likely to deceive any person;
  • To misrepresent yourself as us, to impersonate or attempt to impersonate us, any of our employees, partners, affiliates, or service providers, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing)
  • To conduct yourself in any way that inhibits anyone's use or enjoyment of our Site and/or Services, or to conduct yourself in any way which we deem at our sole discretion may harm us or users of our Site and/or Services, including to expose us or them to liability.
  • In any manner that could impair or damage the Site and/or Services, or interfere with anyone’s use of the Site and/or Services, including but not limited to posting, emailing, transmitting, uploading or otherwise making available any material that contains software viruses, technologies or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • In any manner that involves use of any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission.
  • In any way that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or that may interfere, damage, disrupt, or attempt to interfere, damage or disrupt the proper working of the Site or any activities conducted on the Site;
  • To bypass any measures we may use to prevent or restrict access to the Site, to gain unauthorized access to any parts of the Site and/or Services.
  • To post, transmit, display, promote, procure or conduct any commercial activity, advertising, sales, marketing, solicitations of business, promotion or bartering without our prior written consent. We reserve the right to remove or not publish submissions without prior notice;
  • To advertise to, or solicit, any User to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent
  • To submit comments or posts linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • To post content intended to provide Professional Advice, including but not limited to the provision of medical advice, mental health advice, legal advice or financial advice;
  • To post personally identifiable information about yourself or any other person;
  • To create or submit unwanted email (“Spam”) to any other TDP Users.

We reserve the right to terminate your access to our Site for any reason, and to take any other actions that TDP, in its sole discretion, believes to be in the interest of our Company and of our Users as a whole.

We Have all Rights in Our Site and Content (Copyright)

You hereby acknowledge that you obtain no rights in the trademarks, tradenames, brand, content, products or services of TDP and third party materials.

You must not use our name, logo, related names, logos, product and service names, designs or slogans, nor those of our content contributors or affiliates, without the prior written permission of the respective party.

The content of the Site and Services is protected by copyright and/or other intellectual property rights.

  1. The Site, Services and all content therein is protected by copyright as a collective work or compilation under the copyright laws of New Zealand and other countries, and we (subject to certain intellectual property rights governed by laws of New Zealand, foreign jurisdictions or international conventions, and subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. The Site, Services, and content protected by copyright includes, but is not limited to, trademarks, service marks, logos, brand names, product and service names, images, photographs, graphics, music, sounds, audios, videos, text, blogs, articles, software, scripts, interactive features, downloadable content or any other content or elements on the Site. You must abide by all additional copyright notices or restrictions contained on our site.
  2. By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other), you are granting us, and our affiliates, agents and third party contractors, a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on our Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content, including for commercial, promotional and/or marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise in writing) we may, or may permit users to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
  3. You shall be solely responsible for your own posts and submissions of any content on or to our Site and/or Services, and the consequences of posting, publishing or sharing them, including but not limited to, text, comments, blogs, articles, documents, photographs, images, videos, audios, products, courses, programs or other. In connection with each of your submissions, you confirm, represent, and/or warrant that:
    • you own or have the necessary rights, consents, permissions and/or licenses to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use; and
    • you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms of Use.
  4. You acknowledge and agree that when you submit content in any form to TDP or our Site we may authorize such content to be distributed or syndicated to or published on other TDP branded environments or those of affiliated parties without payment or other consideration or attribution to you. We may remove content posted by you for any reason.
  5. Except as provided in the Privacy Policy, we do not guarantee that posts, submissions or comments made by you will be private, even if made within our login password-protected Members Area. Accordingly, you should not provide posts, submissions or comments that you want protected from others, including without limitation, any such containing personally identifiable information.
  6. In addition to the above, you agree that you will not:
    • submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;
    • publish misinformation, incorrect data, false claims, or misrepresentations that could damage us or any third party
  7. We are concerned about the integrity of our Site, Services, content and brand when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with the content of Site. Neither you nor any third party shall make use of the contents of our Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

You Have Rights if You Believe Your Copyright is Being Infringed (DMCA)

TDP does not own all content on the Site and/or in the Services. Content is posted, submitted and provided by Users and Content Contributors, each of whom or which (as the case may be) has represented and warranted to TDP that, among other things, the content they have posted, submitted or provided does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.

Since TDP is not in a position to determine who has the prevailing claim to use any particular content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Users or Content Contributors allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Users or Content Contributors about allegations of infringement which pertain to them.

For matters of suspected copyright infringement and to provide us with notifications of infringement under the Digital Millennium Copyright Act (DMCA), please see our Copyright Policy here.

You Are Responsible for Any Harm We Suffer as a Result of Your Violation of the Terms of Use or Any Breach by You of Your Representations & Warranties

You agree to indemnify and hold harmless TDP and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this paragraph. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Your Use of Our Site is Subject to Certain Disclaimers

Information contained on the Site and in the Services is provided “as is” without warranty of any kind.

TDP, AND ITS AFFILIATES, ADVERTISERS AND/OR LICENSORS MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICES; (C) THE INTELLECTUAL PROPERTY, INFORMATION, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICES; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE.

TDP does not warrant that the contents of the Site and/or the Services are accurate, reliable or correct. You use this Site and/or the Services at your own free will, accepting any risk that may be incurred by using this Site and/or the Services and the information contained herein, and rely on no representations or statements other than this Terms of Use agreement. These exclusions apply to the maximum extent permitted by law under your jurisdiction.

WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE POSTS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION, PRODUCTS OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS AND TECHNOLOGIES TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOS; VIDEOS; PRESENTATIONS, BLOGS, ARTICLES, REVIEWS, PROMOTIONS, OPINIONS, STATEMENTS, FACTS, DATA, QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES (INCLUDING USERS AND CONTENT CONTRIBUTORS). DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF PROFESSIONAL ADVICE OF ANY NATURE (INCLUDING BUT NOT LIMITED TO MEDICAL, MENTAL HEALTH, LEGAL OR FINANCIAL) AND IT DOES NOT ADVOCATE THAT YOU TAKE ANY PARTICULAR ACTION. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.

We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors

Opinions and other statements expressed by third parties, including but not limited to, Users, Content Contributors, Advertisers, Affiliates or other third parties (e.g. including bloggers, guest writers, providers of paid products and services such as classes, courses or programs, or users who contribute content via any commenting, forum, response Q&A platform or otherwise on our Site) are theirs alone, not opinions of TDP. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by TDP.

You acknowledge that by providing you with the ability to view and distribute content through our Site and/or Services, TDP is not undertaking any obligation or liability relating to the content. TDP and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Site for inappropriate or unlawful content. TDP and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TDP reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

We are Not Responsible for Linked Sites & Third Party Links

The Site and Services include links to third party sites providing online information, materials, products and services.

TDP has no control over such third party sites, and you acknowledge and agree that we are not responsible for the availability of such third party sites and services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, services or other materials on or available from such sites. You further acknowledge and agree that we 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 content, products or services available on or through such services.
Your business dealings, purchases from, communications with or participations in promotions, with advertisers or any other party (other than the Site) and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third parties.

You should read the Terms and Conditions, and Privacy Policies, provided on those sites before using such sites.

These links on our Site and Services may from time to time be promotional links where TDP has a business agreement with third parties who provide information, products and services on such sites, where TDP is paid an affiliate commission for such a referral or sale made as a result of a user clicking on these promotional links.

TDP makes reasonable attempts to link only to third party sites of a high standard where the information, materials, products or services appear to offer genuine usefulness and value to Users. However, TDP cannot and does not accept any responsibility for the content or delivery of those third party sites, how they collect information from you, their information, material, products or services, their customer service, their accessibility or unavailability, the quality or completeness of their work, products or services, how you might use such information, products or services, or the experience you have. We strongly recommend you do your own thorough due diligence before interacting with, using, applying or purchasing anything online.

Privacy Policy

You agree to the terms of TDP’s Privacy Policy, as may be updated from time to time, and that is made available online. Our Privacy Policy explains what data we collect from Users of the Site and/or Services, and how we treat your personally identifiable information related to accessing and managing your User account for Services you have purchased, preservation/storage of data, disclosure of information, and how we protect your privacy when you use the Site and/or the Services.

Disclosure of Your Information When Legally Required To Do So

You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

Conduct

All Users of our Site and/or Services must abide by our Code of Conduct whenever visiting, interacting with, participating in or commenting on our Site, engaging with other Users, Content Contributors or us.

Our Code of Conduct is based on respect, to provide a safe community environment online in alignment with our TDP missions, values and manifesto. Please click here to review our community Code of Conduct.

We encourage you to report to us at support@thedailypositive.com any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behavior or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action at our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the User accounts of such violators or suspending or terminating their right to use and access the Site.

We reserve the right to, in our sole discretion, adopt, modify and post additional rules in our Code of Conduct and/or in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us at our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time, at our sole discretion.

Posting, Submitting Content & Commenting in Public Areas of the Site

You should be aware while using the Site and/or Services that if you post content or comments in a public area of the Site, such as in blog comments, bulletin boards, or discussion forums, any Personal Information you choose to provide there can be read, collected, or used by other Users of these areas of the Site and/or Services, as well as other external third parties, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these public areas of the Site.

You agree that you shall be solely responsible for your own posts, submissions and comments, and the consequences of posting or publishing them. This includes, for example, any personal information, such as your email address, your telephone number, your home address, the home address of others, your current location or any other personally identifiable information. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE.

While we cannot be responsible for what you choose to share in the public forums, and we cannot undertake to monitor this, we reserve the right to immediately delete such information as soon as we become aware of it.

The Site may contain certain features that enable Users to have login access to a Members Area where purchased Services are provided, delivered and/or facilitated. Users may have the option to interact directly with each other, including by sending private messages to other Users and posting comments and exchanging useful and helpful information with other Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be sceptical about information provided by others, and you acknowledge that the use of any posts, submissions or comments posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any posts, submissions or comments contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any posted or submitted by any other User of the Site and/or Services.

Do not reveal information in Public Forums that you do not want to make public.

Agreement to Communicate & Transact Electronically

You agree to communicate and transact with us electronically. This means that if you wish to transact or communicate with us, you agree to do so by electronic means.

You authorize us to send you important notices about our Site and/or Services, and any pending transactions, to an email address you provide to us if you have purchased access to any Services, or otherwise provided your email address to us, or in the alternative, by posting a notice on our Site.

By using the Services, you consent to the receipt of such electronic messages from us. Should you elect to opt out of the receipt of electronic messages, you may do so by following the “Unsubscribe” link provided in the footer of such messages. All emails sent by TDP include instructions on how to unsubscribe.

It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send to you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer our Site and/or Services.

Responsibility for Your Own Access

You are responsible for all aspects of owning and maintaining your equipment and any services needed to access and use our Site and/or Services, including all devices, Internet browsers and Internet access. Irrespective of how you choose to access our Site and/or Services, via whatever device or connection, including a mobile or wireless device, you are responsible for all fees that you may incur, including charges from your carrier for data, text messaging and other wireless access or communications services.

Services – Terms of Sale

User Accounts Registration & Responsibilities

Registration

If you wish to purchase access to and use any Services on the Site (including online products, courses or programs), you must (a) register to create a User account on the Site in order to login to our Members Area to access such Services and (b) pay the applicable fees.

You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of New Zealand or any other applicable jurisdiction.

You also agree to provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Site (the “Registration Data”). The Registration Data you may be required to provide us with includes, but is not limited to, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; and/or (v) if an applicable purchase is made, your credit, debit card or PayPal account information.

The Registration Data submitted by you to create and maintain your User account to access Services will be used in accordance with our Privacy Policy. YOU HEREBY REPRESENT AND WARRANT THAT THE REGISTRATION DATA IS ACCURATE AND COMPLETE IN ALL MATERIAL RESPECTS.

Responsibilities

You agree to maintain and promptly update your Registration Data to keep it true, accurate, current and complete.

You are responsible for (i) updating the Registration Data for, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data.

Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your User account. If you have reason to believe that someone is using your User account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use of your User account, please contact us at support@thedailypositive.com

If you provide any Registration Data or other information to us that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your User account and refuse you any and all current or future access to and use of the Services (or any portion thereof). Access to and use of the Services, and registration for our Services, are void where prohibited.

In the event you are provided with a User account to access Services you have purchased, and you are given a unique username and password for login to access such Services in the Members Area of our Site, you agree not to share, give or sell your password or username to any other person or company. Excessive viewings or logins by you will be construed by us as fraudulent use of Services, which may result in the immediate cancellation of your access to the Services and we reserve the right to do so without refund. When purchasing access to Services, you agree to take all actions possible to protect your username and password from fraudulent use. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion for any or no reason, including if, in our opinion, you have violated any part of the Terms of Use.

Services – Prices & Payment

Any purchase of Services (including but not limited to products, courses and programs) from the Site or otherwise from TDP shall be in accordance with the prices and purchase options set forth at the time of purchase. You agree to pay all fees listed at the time of purchase to TDP. You agree to take responsibility for all sales, use, property, service or other taxes that are applicable in connection with your purchase of the Services.
Unless otherwise stated, purchase prices for Services on the Site are in United States Dollar currency (USD).

All payment for Services is payable at time of purchase. A tax invoice will be supplied by TDP upon request.

Some services provided by or through TDP may from time to time have either a trial period or limited-time money-back guarantee offers associated. Such trial periods or money-back guarantee offers for individual products, courses programs or other Services may differ, and will be detailed on the Site in the description of each individual Service where applicable, and at the point of purchase when completing a transaction.

Services – Security Components

You understand that our Services, including but not limited to online products, courses and programs, that are provided, delivered and facilitated on the Site and within our login-access Members Area, and software embodied within our products, courses and programs, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or Content Contributors who provide content to us. You may not attempt to override or circumvent any such security components and usage rules embedded in our Services.

Services – Non-Commercial Use

The Services provided by the TDP, including online products, courses and programs, may not be used in connection with any commercial purposes, except as specifically approved by us. Unauthorized framing of or linking to any of our online products, courses or programs is prohibited.

Services – Intellectual Property

Our Services, including but not limited to online products, courses and programs, may contain content of TDP and/or of our third party licensors or Content Contributors, which are protected by copyright, trademark, patent, trade secret and other laws. You shall acquire no ownership or other interest in the Services to which you register and pay for access, other than the right to access and use such Services under this Agreement. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any content appearing on or through our online products, courses, programs or other Services.

Services – Not-Accredited

TDP, its Services (including products, courses and programs), and the Content Contributors and presenters of those Services are not accredited or evaluated by any governmental, academic or other independent body. The use of and completion of any content, product, courses or programs accessed on the Site and in the Services does not convey academic credit, certification, skill set or fitness to practise or perform any particular task, service or profession, and TDP makes no representations or warranties to that effect.

Term & Termination

This Agreement shall last until either you or TDP elect to terminate your account. In addition to any other legal or equitable remedy, TDP may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site and Services. In addition, TDP may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site and Services. Any such action shall not affect any rights and obligations arising prior thereto. All aspects of the Terms of Use, together with any definitions and provisions intended to survive, shall survive the termination of this Agreement. TDP may terminate your user account, this Agreement and/or otherwise prohibit you from using or accessing the Site or the Services, for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination, you must stop all use of the Site and the Services, unless otherwise set forth herein. TDP may take such further action as TDP determines to be appropriate under the circumstances to eliminate or preclude repeat violations. TDP shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from the TDP’s exercise of its rights under this Agreement.

Your Representation of Warranties to Us

By using the Site or Services, you represent and warrant that you: (1) have the legal right and authority to enter into these Terms of Use; (2) have submitted accurate and complete data when interacting and/or transacting with the Site, Services and TDP; (3) if applicable, have the requisite licenses, permits and authority required by law, or reasonably required by the jurisdiction in which the obligations are to be performed or the agreement will be executed; (4) will not, either alone or in collusion with another party, attempt to decompile, reverse engineer or hack the Site, or attempt to circumvent any encryption implemented with respect to the data stored on the Site or through the Services; (5) will only use the Site and Services for lawful purposes; (6) have the right, title, interest, and authority to grant the rights related to the User posts, submissions and/or contributions, as described herein; and (7) are at least eighteen (18) years old, in compliance with the Privacy Policy.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT TDP LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICES, OR INABILITY TO USE THE SITE AND/OR SERVICES, AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL TDP, OR ITS PARENTS, SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, MANAGERS, EMPLOYEES, MEMBERS OR AFFILIATES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY CLAIM, LOSS, INJURY OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA  (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, INCLUDING THE INTELLECTUAL PROPERTY OR CONTENT THEREON, THE SERVICES, USER POSTS OR SUBMISSIONS OR CONTENT CONTRIBUTIONS; (2) THE USE OF, INABILITY TO ACCESS OR USE, OR PERFORMANCE OF THE SITE AND SERVICES, INCLUDING ANY LOSS, DAMAGE OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THESE TERMS OF USE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR SERVICES; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS RELATED TO THE TECHNICAL OPERATION OF THE SITE OR SERVICES, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES, AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT OR ANY OTHER BASIS (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE OR SERVICES).

IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

THESE EXCLUSIONS AND LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY CASE WHERE THE LAW GOVERNING THIS AGREEMENT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.

ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SITE AND/OR SERVICES. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE FEES PAID BY YOU TO THE COMPANY IN THE PREVIOUS TWELVE (12) MONTHS.

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR RISK.

IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICES OR OTHER PROPERTY OWNED OR CONTROLLED BY TDP AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITE AND/OR SERVICES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER POSTS OR SUBMISSIONS, OR YOUR CONTENT CONTRIBUTIONS TO THE SITE AND/OR SERIVCES OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

Indemnity

By using the Site or Services, you agree to hold harmless, indemnify, and defend TDP, its parents, subsidiaries and their respective officers, directors, shareholders, employees, contributors, agents, subsidiaries, joint ventures, affiliates, licensors and advertisers from all liabilities, claims, expenses, including attorney’s fees, that arise from your use of the Site or Services. TDP reserves the right to assume defense and control of any matter otherwise subject to indemnification by you. Under these circumstances you agree to cooperate with TDP in asserting all available defenses.

Release

If you have a dispute with one or more Users of TDP’s Site, Services or social media, you release us (TDP, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you have a dispute with any Content Contributor, advertiser, affiliate, or third party site, you release us (TDP, its parent, its subsidiaries, and their respective officers, directors, managers, shareholders, agents, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

One Year Limitation on Action

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Site and/or Services, your use of our Site, or your access to and use of any aspects of any of our Services, or this Agreement (including these Terms of Use and our Privacy Policy) be filed within one (1) year after such claim or cause of action arose or be forever barred.

Legal Compliance

Your use and this Agreement may be suspended or terminated if TDP receives notice that you have used the Site or Services for purposes that violate the laws of New Zealand or laws of any other nations, including the posting of information that might violate third party rights, defame a third party or other criminal regulations.

TDP may disclose your identity if requested by a government or law enforcement body or as a result of a subpoena or other legal action, under such circumstances, though TDP shall not be liable for damages or results and you agree to not bring any action or claim against TDP for this disclosure, should the need arise.

International Users – Data Collection & Protection

TDP is owned and operated by ABBH Limited, a limited liability company in New Zealand. Please be aware that any information that we obtain as a result of your use of the Site and/or Service will be subject to the laws of New Zealand. The privacy and data protection laws in New Zealand may not be equivalent to such laws in your country of residence.

By accessing or using the Site, or any part of the Services, you consent to the collection, processing, storage, and transfer of your information to and within New Zealand, or another country where necessary. TDP will take all steps reasonably necessary to ensure that your data is collected, processed, stored, and transferred in accordance with our Privacy Policy that forms part of this Agreement.

You Must Abide by International Laws

Due to the global nature of the Internet, you agree to comply with all local rules, regulations and law regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from New Zealand or the country in which you reside.

Children’s Policy

Our Site and Services are intended to Users aged 18+ years.

The Site and Services are in no way directed toward nor intended to be for children under the age of 18 years old.

We do not knowingly collect or solicit information from children under 18 years old through our Site or Services.

In the event that we learn that information has been collected from a minor under age 18 without verification of parental or guardian consent, that information will be deleted as quickly as possible.

Due to the nature of the Internet, we cannot prohibit minors from visiting the Site, including without limitation, our Services. If you believe that a minor has provided information to us via our Site or Services, please contact us at support@thedailypositive.com and we will use every effort possible to remove all the information provided by the minor from our systems.

Disputes Between Us

These Site Terms shall be governed by the laws of New Zealand, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW ZEALAND AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Should a dispute arise between you and TDP, we agree to first attempt a resolution with the help of a mutually agreed-upon mediator in New Zealand. Costs and fees other than attorney fees for the mediation will be shared equally. If the dispute cannot be resolved using a mediator, we agree to submit the dispute to binding arbitration in New Zealand. Judgment upon the award rendered by the arbitration may be entered in a New Zealand court.

No waiver of by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term/s or a waiver of any other term, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal 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 Use will continue in full force and effect. These Terms of Use and our Privacy Policy referred to herein constitute the sole and entire Agreement between you and TDP with respect to Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site and Services.

Other

The Agreement, including Terms of Use and Privacy Policy, applies to every User that accesses the Site and/or Services and every Content Contributor to the Site and/or Services.

Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and TDP.

TDP reserves the right to revise any part of the Agreement at any time. Revised terms are effective from the date of publication on the Site. When you use the Site or Services the terms as they appear at that instance are the terms which apply.

Governing Law

The Agreement, including Terms of Use and Privacy Policy, are governed by, construed and enforced in accordance with the laws of New Zealand, applicable to agreements made and to be performed therein, without regard to conflict of laws principles.

Any claim or dispute between you and TDP that arises from your use of the Site, Service, or any agreement between you and TDP shall be decided exclusively by a court of competent jurisdiction located in New Zealand. You hereby expressly consent to the personal jurisdiction of the courts located in New Zealand and waive any objections to the laying of venue in such courts.

Entire Agreement

This Agreement constitutes the entire agreement between you and TDP regarding your use of the Site and Services, superseding any prior agreements between you and TDP relating to the same.

If one or more provisions outlined in the Agreement are void, unenforceable or deemed invalid by a court of competent jurisdiction, partly or in whole, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect.

Waiver and Severability of Terms

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and TDP’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.

By Using the Site or Services You Agree

BY USING AND CONTINUING TO USE OUR SITE AND/OR SERVICES, YOU AGREE TO ABIDE BY THESE TERMS OF USE.

The captions to each section of these Terms of Use are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

Questions & Contact

If you have questions or need to contact us please email to:
support@thedailypositive.com

Date

This policy was last modified on 6 September 2017.