Terms of Service
Terms of Service
If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this web site are protected by United States copyright and trademark law.
- Information about us
Founded and owned by Kristen & Chris Butler, Power of Positivity® or www.powerofpositivity.com or in short form “PoP” celebrates the lifestyle of positive thinking and attitude. PoP is located in Asheville, NC and was founded in 2009. The brand’s mission is to provide daily inspiration and science-based solutions to its community to improve well-being and create a happier, more positive life. Our website is owned and operated by Power of Positivity LLC. We are a Limited Liability Company in Asheville, North California. Power of Positivity® is a registered Intellectual Property of us.
- Accessing our site
- The information on our site is made available free of charge.
- We do not guarantee that our site, or any content on it, will always be available or will never be interrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if our site is ever unavailable for any reason.
- You are responsible for making all arrangements necessary for you to have access to our website.
We reserve the right to change, suspend, or cease the Site with or without notice to you. You approved that the PoP will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
- Intellectual property rights
We respect the intellectual property of others and ask that users or visitors of our website do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides a solution for the removal of any infringing materials. Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website. Following –
- We own or hold a licence for all intellectual property rights in our site, and in the content on it. The content is protected by Trademark & Copyright laws and treaties around the world.
- You can print off one copy, and may download extracts, of any page from our site for your personal use, and you can refer others within your organisation to any content on our site.
- You must not change the printed or digital copies of any content you have printed off or downloaded, and must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.
- You must always acknowledge us (and any identified contributors) as the authors of content on our site.
- You must not use any part of the content on our site for commercial purposes without first getting a licence from us or the organisation which gave us our licence to use that content.
- Reporting Infringement
PoP is dedicated to ensuring that contents do not violate or infringe a Rights Owner’s intellectual property (IP). Rights Owners can report infringing content if they find on www.powerofpositivity.com. To submit a notice of IP infringement, you must be the Rights Owner who owns the IP being reported or an agent with approval from the Rights Owner to submit notices on his or her behalf. Do not forget to provide your contact details (name, address, phone number, email address, secondary contact details) when you report infringement. Please email to [email protected] with following information –
- A signature of a person authorised to act on behalf of the intellectual property owner whose right has been allegedly infringed upon. Signatures may be provided electronically by typing your name
- Identification in sufficient detail of the work allegedly infringed upon
- Identification of the allegedly infringing material on PoP including the specific location of the material so that Legal Team can find it. Upon reporting, please provide the PoP listing URL to each item you allege is infringing
- The name of the intellectual property owner, Copyright/Trademark Registration Number and contact information for the notifier, including name, address, telephone number, and email address
- A statement that the notifier has a good faith belief that the material is not authorised by the intellectual property owner, its agent, or the law
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifier is authorised to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and lawyers’ fees). Therefore, if you are not sure whether the material is infringing, please contact a lawyer before submitting a notice to PoP. Fraudulent or abusive notices or other misuse of PoP’s Intellectual Property Policy may result in account termination or other legal consequences.
- Suspension and termination
- Temporarily or permanently withdrawing your right to use our site, without giving you notice.
- Temporarily or permanently removing any material or contribution you have posted or uploaded to our site, without giving you notice.
- Give you a warning email
- Give law-enforcement authorities any information they reasonably need.
- Take any other action we think is necessary.
- Changes to this acceptable use policy
We may change this acceptable use policy at any time. You should read this page from time to time to check for any changes we make, as they are legally binding on you. Some parts of this acceptable use policy may also be overruled or replaced by conditions or notices published elsewhere on our site.
- Legal Compliance
- Dispute Resolution
Before either party may seek arbitration, the party must issue a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to [email protected] After the Notice is received, you and the Company may attempt to resolve the claim or dispute amicably.
- Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to PoP is that of an independent user, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.