Collecting and Use of Your Personal Information
As a visitor to PositiveCookiecom, you may be asked to provide your personal information anytime you are in contact with Positive Cookie, LLC.
ACCEPTANCE OF TERMS
Your access to and use of this website (the "Website") is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Website you agree to be bound by these Terms.
You may use the Website and order the Products only if you can form a binding contract with Positive Cookie, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
LICENSE AND ACCESS
If you register with the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Positive Cookie only sells its Products via the Website to adults. If you are under 18, you may use the Website only with involvement of a parent or guardian and by entering any payment information you represent that you are over the age of TS or have the authorization to use such payment method. Positive Cookie reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.
If you wish to purchase any product made available through the Website (each such purchase, a "Transaction”), you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Positive Cookie the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on this website are subject to change at any time without notice. Certain weights, measures. and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on this website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. Positive Cookie reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all purchases; and (iv) refuse to provide any user with any product or service provided Positive Cookie grants a refund for any payments made for unfulfilled purchases. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchase.
RETURNS, REFUNDS AND TITLE
Any unused, unopened product purchased from Positive Cookie may be returned within fourteen (14) days of purchase for a 100% refund of the purchase price. You are responsible for the shipping costs associated with any returned purchases.
Positive Cookie does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Positive Cookie does not take title to the refunded item.
UNLAWFUL OR PROHIBITED USES
(a) Make any commercial use of the Website or the Products, including making any collection or use of any product listings, descriptions, prices, or images;
(b) Download, copy, or transmit any content on the Website for the benefit of any other merchant;
(c) Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to
navigate, search, or collect information from the Website other than any search engine and search agents provided by Positive Cookie or generally publicly available browsers;
(d) Frame, mirror, or use framing techniques on any part of the Website without Positive Cookie's express prior written consent;
(f) Use any meta tags or any other hidden text utilizing Positive Cookie‘s name or marks;
(g) Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
(h) Use a buying agent to conduct transactions on the Website;
(i) Conduct fraudulent activities on the Website;
(j) Violate or attempt to violate the security of the Website, including, without limitation:
(i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Website: (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Website, overloading, “flooding,” "spamming," "mailbombing," or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of Positive Cookie (impersonating Positive Cookie or Website) or to Positive Cookie (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of Positive Cookie, including promotions and/or advertising of products or services;
(I) tamper with the Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;
(m) use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Website;
(o) restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);
(p) use the Website to advertise or offer to sell or buy any goods or services without Positive Cookie’s express prior written consent;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website; or
(s) remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website.
When you use the Website, or send e—mails to us, you are communicating with us electronically. By providing your email address to Positive Cookie, You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the Websites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that any purchased goods licensed or sold on the Website are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing or using technology from the Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITEAND ALL CONTENT, INFORMATION, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY POSITIVE COOKIE ON AN "AS IS” AND “AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. POSITIVE COOKIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR BY POSITIVE COOKIE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POSITIVE COOKIE DISCLAIMS ALL WARRANTIES, EXPRESS OR lMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR ANY PRODUCT PURCHASED THROUGH THE WEBSITE. POSITIVE COOKIE DOES NOT WARRANT THAT THE WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, POSITIVE COOKIE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM POSITIVE COOKIE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POSITIVE COOKIE WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of the Website, or to any products or services sold or distributed by Positive Cookie or through the Website will be resolved by binding arbitration, rather than in court, including any claim in small claims court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
INDEMNIFICATION AND DEFENSE
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Positive Cookie respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please feel to contact us at firstname.lastname@example.org.