Introduction

These Website Terms and Conditions (these “Terms” or these “Website Terms and Conditions”) contained herein on this webpage shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms and Conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Terms and Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

Intellectual Property Rights

AProPositive LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

Restrictions

You are expressly and restricted from all of the following:

  1. publishing any Website material in any media;

  2. selling, sublicensing and/or otherwise commercializing any Website material;

  3. publicly performing and/or showing any Website material;

  4. using this Website in any way that is, or may be, damaging to this Website;

  5. using this Website in any way that impacts user access to this Website;

  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  8. using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from access by you and AProPositive LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

No Warranties

This Website is provided “as is,” with all faults, and AProPositive LLC makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing legal, medical or clinical mental health advice to you.

Limitation of Liability

In no event shall AProPositive LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and AProPositive LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent AProPositive LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Modification of Terms

AProPositive LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Assignment

AProPositive LLC shall be permitted to assign, transfer and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between AProPositive LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Dispute Resolution

Should a dispute ever arise, the parties agree they will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association rules. Any judgment on an arbitrator’s award is binding and enforceable by any court having the appropriate jurisdiction. Before seeking arbitration, you must send your concerns to AProPositive LLC by email at apropositive@gmail.com to attempt to resolve the situation prior to reporting it to arbitration. By agreeing to the Terms, you agree to a modification of the statute of limitations so that any arbitration must commence within one year of the date of the act omission or other conduct at issue, or shall be forfeited forever. You also agree that the arbitration shall take place in Windham County, Vermont and the prevailing party shall be entitled to reasonable attorney’s fees and costs necessary to enforce the agreement. These Terms should be construed according to the laws of the state of Vermont.