Terms of Service

Terms of Service

Position2 owns or operates websites and offers a number of commercial internet services which may be accessed via the internet through a variety of devices or transmission types which may be now known or here after developed (the “Position2 Service”).

All Position2 Services are subject to the Position2 Terms of Service (“PTOS”). This PTOS may be updated by Position2, at our sole discretion, at any time and without notice to you. In addition, when using any Position2 Service, you agree to comply with all local, state, federal and international laws, rules and regulations.

Position2 COMMUNICATIONS

You acknowledge and agree that the Position2 Service may include periodic communication from Position2, such as marketing announcements, administrative messages, technical bulletins, or product announcements, and you will not be able to opt out of receiving them, other than by requesting that Position2 delete your account.

Position2 PRIVACY POLICY

All non-public personally identifiable information (“PII”) obtained by Position2, through the performance of any Position2 Service or any other means, is subject to the Position2 Privacy Policy, located at http://www.Position2.com/privacy-policy. You acknowledge and agree that by using a Position2 Service you consent to the terms and conditions of the Position2 Privacy Policy, which is incorporated herein by reference.

CONSENT

You represent that you are of legal age to form a binding contract and are not barred from receiving goods or services under the laws of any country or other applicable jurisdiction. You also represent that all information provided to Position2 is true, accurate and complete, that you will ensure it remains true, accurate and complete at all times. Any breach of this section, or a reasonable belief by Position2 of such a breach, shall give Position2 the right to immediately terminate your account and refuse to provide any and all current or future Position2 Services.

PROHIBITED ACTITIVITIES

You agree to not use the Position2 Service to take any actions or make available any content that

  1. is unlawful, harmful, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or ethnically discriminatory, or otherwise objectionable
  2. you do not have sufficient legal rights
  3. violates any applicable local, state, federal or international law, including any rules or regulations having the force of law
  4. violates any contractual or fiduciary obligation
  5. is designed to interrupt, change, adversely effect or limit the functionality of any computer software or hardware or telecommunications equipment
  6. collects or stores personal data of third parties without their knowledge and informed consent

You acknowledge, consent and agree that Position2 may access, preserve or disclose your PII and other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) provide the Position2 Services (b) comply with legal process (c) enforce the PTOS (d) respond to claims that the rights of any third parties have been violated or (e) protect the rights, property or personal safety or Position2, its users and the public.

INDEMNITY

You agree to defend, indemnify and hold Position2 harmless, and its subsidiaries, affiliates, officers, agents, employees, partners and licensors (the “Position2 Entities”) from any claim, demand or lawsuit including reasonable attorneys’ fees, made by any third party due to or arising out of any action on your part, including without limitation, your violation of the PTOS or your violation of any rights of another.

MODIFICATION OR TERMINATION OF THE SERVICE

Position2 reserves the right at any time to modify or discontinue, temporarily or permanently, Position2 Service (or any part thereof) with or without notice. You agree that Position2 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Position2 Services.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE Position2 SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Position2 AND Position2 ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Position2 AND Position2 ENTITIES MAKE NO WARRANTY THAT (i) THE Position2 SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED,TIMELY, SECURE OR ERROR-FREE; AND (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Position2 SERVICE WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR OTHER COMMUNICATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSITION2 OR THROUGH OR FROM THE POSITION2 SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE PTOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT POSITION2 AND POSITION2 ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,GOODWILL,USE,DATA OR OTHER INTANGIBLE LOSSES(EVEN IF POSITION2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE POSITION2 SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) ANY OTHER MATTER RELATING TO THEPOSITION2 SERVICE. IN NO EVENT SHALL POSITION2‘S LIABILITY TO YOU UNDER THIS PTOS EXCEED ONE THOUSAND UNITED STATES DOLLARS.

GENERAL INFORMATION

This PTOS grants no rights or license to any intellectual property rights of Position2, and this PTOS is the entire agreement between you and Position2, relating to the Position2 Service.

You agree that, except as otherwise expressly provided in this PTOS, there shall be no third-party beneficiaries to this PTOS. The failure of Position2 to exercise or enforce any right or provision of PTOS is not a waiver of such right or provision. If any provision of PTOS is found by a court of competent jurisdiction to be invalid, the remainder of the PTOS shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Position2 Service or the PTOS must be filed within one(1) year after such claim or cause of action arose or be forever barred.You acknowledge and agree that Position2 may provide you with notice via email, and such notice will be deemed given upon the sending of said email.

The PTOS and the relationship between you and Position2 shall be governed by the laws of the State of California without regards to its conflict of law provisions. You and Position2 agree that any and all disputes, controversies and claims arising out of or relating to this PTOS shall be settled and determined exclusively by binding arbitration in Santa Clara County, California, which is a mutually convenient and agreed upon venue.