This is a legal Agreement between you and PositivesDating.com (www.positivesdating.com, www.positivedating.com). Please read the Agreement carefully before registering for the PositivesDating.com service. By registering for PositivesDating.com, you become a Member of the Service, and you agree to be bound by the terms and conditions of this Agreement for as long as you continue to be a Member. If you do not agree to the terms, please do not register for the PositivesDating.com service. The terms are subject to change by PositivesDating.com at any time, effective upon notice to you.

www.PositivesDating.com Service Contract

1.0 ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS & CONDITIONS
The Service is provided to you under the terms and conditions of this PositivesDating.com Service Agreement and any amendments to it and any PositivesDating.com operating rules or policies. This Agreement applies to each service separately or collectively.

By completing the registration process and clicking the checkbox labeled "I have read and understood the foregoing agreement and agree to be bound by all of its terms", you declare that you are at least 18 years old and agree to be bound by the Agreement.

You must be 18 years old or older to use PositivesDating.com and/or any of its programs, services, and/or other companies including PositivesDating.com and any of its services.

Participating in, using and/or registering for this Service means you accept the Terms of Use and Disclaimers set out here. If for any reason you do not agree to and abide by the Terms of Use and the Disclaimers in its entirety or any individual part of it, you may not use this Service.

You hereby acknowledge, understand and agree that all information disclosed by you to PositivesDating.com and all of its other companies, has been disclosed freely and knowingly, and that any and all information posted in or on the PositivesDating.com site or any other site owned by PositivesDating.com will be used in furtherance of the services PositivesDating.com offers. The information will not be disclosed knowingly or willfully to any third party without your authorization as described in detail in the Privacy Policy, except as may otherwise be permissible by this Agreement and required by the Services offered by PositivesDating.com.

You acknowledge that by submitting any type of communications to PositivesDating.com, no fiduciary, confidential, contractually implied or other relationship is created between you and PositivesDating.com or any of its subsidiary or affiliate other than those subject to these terms and conditions. PositivesDating.com shall not be responsible for any payment of money to any party in connection with PositivesDating.com and/or any of its other companies and/or affiliates use of communications submitted by you to the site in any way.

You assume all risk and/or responsibility for damage or loss arising indirectly or directly from the use of the PositivesDating.com service.

You may not transmit, post, or otherwise use any information made available by the Service or the site PositivesDating.com without the express permission of the owner of that information.

You shall not interfere or attempt to interfere with the operation of the Site, Service and/or Software in any way through any means or device including but not limited to uploading computer viruses, hacking, spamming and/or time bombs, or by means expressly prohibited by any provisions of these Terms and Conditions.

You and/or any Member and/or Guest may not at any time attempt to use or act upon any software, robot, and bot, spider and/or any other means of entering the System and/or Service. You may not post any type of service or URL for any reason.

You, Member and/or Guest may not use PositivesDating.com or any of its other companies or services to transmit libelous, racist, vulgar, or otherwise offensive and/or illegal material.

PositivesDating.com is not responsible for any disruptions, errors, delays, information, quality, content, accuracy, or any other aspect of the information provided by PositivesDating.com or in its transmissions.

You agree that PositivesDating.com, LLC and/or any and all of its other companies, subsidiaries, partners, affiliates will not be liable and, will have no liability for any punitive, consequential, direct or indirect, special or incidental damages, whether foreseeable or unforeseeable to you for any damages or loss, either consequential or actual, arising out of or relating to these terms, or to your or any third party use or inability to place content on a Site, to use a Site, or to your reliance on information obtained from or through a Site, in particular, PositivesDating.com and any of its other sites and/or companies and/or any Site owned by PositivesDating.com. This includes but is not limited to claims of errors, interruptions, defamation, loss of data in availability of data, arising out of or relating to these terms, your use or inability to use a site, or to your placement of content on a site, or to your reliance upon information obtained from or through a Site, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability.

PositivesDating.com has and reserves the right to remove anything that it deems in its sole and absolute discretion and in compliance with relevant laws, does not comply with the terms of use, or is offensive, vulgar, racist, harmful, or otherwise unfit.

PositivesDating.com reserves the right to cancel any membership without prior notice and/or access without prior notice of any User, Member, and/or Guest, who does not comply with these and all rules.

PositivesDating.com is not responsible for any misuse of information or material provided. PositivesDating.com is not obligated to monitor, verify or review any information provided nor does it monitor transmissions for quality or content. PositivesDating.com does monitor the contents in its services, but is not obligated to do so.

PositivesDating.com shall have the right for any reason, in its sole discretion, to suspend, change, terminate, or discontinue any aspect of the site, including but not limited to features, content or hours of availability. PositivesDating.com may also impose limits on certain services and features or restrict your access to parts or the entire Site without notice or liability.

PositivesDating.com is not responsible for the contents of any off site pages referenced from the Site. You specifically acknowledge that PositivesDating.com and/or any Partners and/or related Sites and Services, are not liable for the illegal, offensive, or defamatory conduct or anything else related to the use of other users, third parties or links. Solely you undertake the risk of injury from the foregoing.

Any and all links from PositivesDating.com and/or all other sites owned and/or operated by PositivesDating.com on the World Wide Web and/or the Internet, to other sites do not constitute an endorsement from PositivesDating.com or any of its partners, affiliates, and/or other sites or services. These links are provided as an information service only. It is the responsibility of the user to evaluate the content and usefulness of information from these links.

PositivesDating.com reserves the rights, at its sole discretion, to modify, change, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective from the time they are posted on the Site. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the site after changes to these terms and conditions of use will be considered as your Acceptance of those changes.

PositivesDating.com can own, control, license or has the right to use and provide the Site and all material on the site including, without limitation, tables, text, images, illustrations, photographs and/or content. The Site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions. PositivesDating.com is the owner of the copyright of the entire Site.

You agree to abide by any and all information, restrictions, and/or copyright notices displayed on the Site.

Your comments and suggestions on PositivesDating.com, the Site, the Service and/or the Software are welcome. Any or all information, suggestions, ideas, comments and/or text becomes the property of PositivesDating.com with no commission or money to be exchanged in return.

At the sole discretion of PositivesDating.com the Company may be free to pay a commission or exchange of money for ideas, but PositivesDating.com is under no obligation to pay any money at any time for anything sent to PositivesDating.com.

PositivesDating.com reserves the right to use any materials or information you provide to it or that it obtains through your use of the Site, Software, Service, offline Sites and/or any other Partner, affiliate, or any company, service, system, software, or any other means, owned by, related to and/or partner of PositivesDating.com, to the fullest extent permitted by law.

Anytime you, Member and/or Guest upload files, messages, enter data or engage in any other form of communication, individually or collectively within the site, you grant to PositivesDating.com a perpetual, World Wide, and irrevocable, unrestricted, non-restricted, non-exclusive, royalty-free license to use. This includes use for promotional and advertising purposes, copy, license, and sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such communications and any ideas or original materials contained in such communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such communications including, without limitations, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

You waive all rights you may have to inspect and/or approve of any use by PositivesDating.com of any material or idea, submitted by you in any communication or to receive any compensation for such use.

You waive all rights to any claim against PositivesDating.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.

You agree and understand that PositivesDating.com is under no obligation to use any material or idea submitted by you in any communication in any way whatsoever.

You agree to indemnify and hold harmless, PositivesDating.com, and/or each of its stand-alone services, its parents, subsidiaries, affiliates, officers, advertisers, employees, agents, and third parties from and against any claims, liabilities, losses, costs, damages or expenses. This includes but is not limited to Attorney's fees arising from the use of or participation in the PositivesDating.com service or the information contained in it.

All statements made regarding PositivesDating.com also pertain to all companies owned by PositivesDating.com, LLC.

You are solely responsible for the quality, accuracy of information and content you provide.

2.0 MEMBER'S REGISTRATION INFORMATION
As a condition for using the Service, you agree to:

·        Provide true, accurate, current and complete information about yourself as prompted during the registration process, including but not limited to the Contact Information form

·        a. To maintain and update this information to keep it true, accurate, current and complete.

If any information provided by you is found to be untrue, inaccurate, non-current or incomplete, PositivesDating.com has the right to terminate your membership and refuse any and all current or future use of the PositivesDating.com Service.

3.0 MEMBER INFORMATION & EMAIL
PositivesDating.com considers non-public member membership information, including but not limited to information provided during the registration process and e-mail communications transmitted through the Service, to be private information. PositivesDating.com shall not disclose such information to any third parties without your consent. Except when you agree that this excludes the circumstances, PositivesDating.com may do so in the good faith that such action is reasonably necessary:

To comply with the law;

To comply with legal process;

To enforce the Agreement;

To respond to claims that such content violates the rights of third-parties;

To protect the rights or interests of PositivesDating.com; or

To protect the rights or interests of PositivesDating.com users or others.

You understand and agree that PositivesDating.com may access the content of your membership in order to identify and resolve technical problems or service complaints.

4.0 MODIFICATIONS TO SERVICE AGREEMENT
PositivesDating.com may change the Agreement from time to time. You may be informed of any such changes by a notice on the log-in page of the Service stating that the Agreement has changed. Your continued use of the Service after PositivesDating.com has posted such notice constitutes your acceptance of any such changes.

5.0 MODIFICATIONS TO SERVICE
PositivesDating.com reserves the right to modify or discontinue, temporarily or permanently, the PositivesDating.com Service with or without notice to you.

You agree that PositivesDating.com shall not be liable to you or any third party for any modification or discontinuation of the Service.

6.0 MEMBER CONDUCT
You agree to be solely responsible for the contents of your transmissions to or through the Service and for your interactions with other PositivesDating.com members.

You agree to abide by all applicable local, state, national, and international laws and regulations in your use of the Service, and agree not to attempt to gain unauthorized access to other computer systems or networks connected to the PositivesDating.com Service. You also agree not to interfere with the use and enjoyment of the Service by other members.

You agree not to transmit any unlawful, harassing, libelous, privacy invading, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind.

You agree not to transmit any material that violates the rights of another, including but not limited to the intellectual property rights of another.

You agree not to transmit "junk mail", "spam," "chain letters,. or unsolicited mass distribution of email, or to use the PositivesDating.com Service for any commercial purposes.

You agree not to include in your public profile any telephone numbers, street addresses, last names, URLs, email addresses, offensive anatomical or sexual references or offensive sexually suggestive language. You also agree not to post any photos containing offensive material in any areas on the Site/Service, which are accessible to the public or PositivesDating.com's Membership. PositivesDating.com reserves the right, but has no obligation, to reject or remove any profile or photo that does not comply with the letter or spirit of the Agreement.

Your membership in the PositivesDating.com Service is for your sole personal use. You may not authorize others to use your membership and you may not assign or otherwise transfer your membership to any other person or entity. You are responsible for logging out if your computer is accessible to others. This prevents unauthorized access.

7.0 NO RESALE OF SERVICE
You agree not to resell the PositivesDating.com Service or use of or access to the Service.

8.0 TERMINATION
You agree that PositivesDating.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach of the Agreement or any subsequent modifications, or attempt to assign to anyone your membership. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that PositivesDating.com may immediately delete files in your membership and bar any further access to it.

PositivesDating.com shall not be liable to you or any third party for the termination of Service or any claims related to the termination of Service. Any suspected fraudulent, abusive or illegal activity may be termed as grounds for termination of your membership and may be referred to appropriate law enforcement authorities.

Should you object to any terms and conditions of the Agreement, or any subsequent changes to the Agreement, or become dissatisfied with the Service in any way, your only recourse is too immediately:

Send a message to Customer Service using your "Submit A Question: link in your Member Menu, telling the staff that you would like your account to be terminated.  Then follow by Cancelling your membership through the menu.  PositivesDating.com staff will review your request and ensure that you have been deleted in entirety from our system and database.

Your membership under this Agreement shall be available for an unspecified term on an .at will. basis. You agree that your membership may be terminated immediately for any reason whatsoever. The termination of membership will terminate your right to use the PositivesDating.com Service and the PositivesDating.com web site and database.

9.0 REFUND POLICY
You may suspend your membership at any time, but it will remain active through the full term of your membership agreement. Early termination of your membership does not result in a prorated refund.

Your membership may be cancelled at any time during the free trial period without charge. To cancel your trial membership simply do the following:

Send a message to Customer Service using the 'Submit A Question' link in the Member Menu, requesting to the staff that your account be entirely deleted.  Then follow by cancelling your membership through the menu.  PositivesDating.com staff will review your request and ensure that you have been deleted in entirety from our system and database.

10.0 DEALINGS WITH ADVERTISERS, VENDORS & OTHER THIRD PARTIES
Your correspondence, transactions or other dealings with advertisers, PositivesDating.com partners, Gift Store vendors or other third parties available on or linked through the Service, including but not limited to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser, partner, vendor or other third party.

PositivesDating.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources.

You agree not to hold PositivesDating.com liable for any loss or damage of any sort incurred as the result of the presence, availability or non-availability of the advertisers, partners, vendors or other third parties available on or through the Service, or as the result of any dealings with such parties, including but not limited to attendance at events advertised or purchase or use of goods or services offered on or through the PositivesDating.com site.

11.0 PROPRIETARY RIGHTS

You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to you by PositivesDating.com, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to download and print this material and information for your personal, non-commercial use or as expressly authorized by PositivesDating.com, its partners or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.

You acknowledge and agree that any material you send to PositivesDating.com, by email or otherwise, or that you post in any areas on the Service that are accessible to the public or PositivesDating.com's general membership, will be treated as non-confidential and non-proprietary and PositivesDating.com may use such material, in whole or in part, in any medium for any purpose, including but not limited to the reproduction, disclosure, transmission, publication, broadcast and posting of such material in advertising and promotions.

12.0 DISCLAIMER OF WARRANTIES
The Service and the materials available on or through the PositivesDating.com Service are provided "as is" and "as available" and without warranties or conditions of any kind either expressed or implied.

To the fullest extent permissible under applicable law, PositivesDating.com disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties and conditions of merchantability, merchant quality, correspondence to description and fitness for a particular purpose.

PositivesDating.com does not represent or warrant that the PositivesDating.com Service will be uninterrupted or error-free, or that defects will be corrected, or that this site or the server that makes it available, are free of viruses or other harmful components. PositivesDating.com does not represent or warrant that the materials or the results of the use of the materials available through the Service or from third parties will be correct, accurate, timely, reliable or otherwise.

13.0 LIMITATION OF LIABILITY
To the fullest extent permissible under applicable law, PositivesDating.com shall not be liable under any circumstances, including but not limited to negligence, for any direct, indirect, incidental, special or consequential damages that result from:

The use of or the inability to use the PositivesDating.com Service,

Any changes to the Service,

Unauthorized access to or alteration of your transmissions or data,

Any material or data sent or received or not sent or received, or

Any transactions entered into through the Service.

You specifically agree that PositivesDating.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. If you are dissatisfied with the PositivesDating.com Service, the materials available on or through the Service, or with any of and PositivesDating.com's terms and conditions, the sole and exclusive remedy available to you is to discontinue using PositivesDating.com.

In no event, except in jurisdictions where such provisions are restricted, shall PositivesDating.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees be liable to you or any third party for any exemplary, incidental, indirect, consequential, special or punitive damages, including any and/or lost profits arising from your use of the Site, PositivesDating.com, any and all other sites, any and all services, advertising, banners, and/or any part of the site and/or any service or services offered, even if PositivesDating.com has been advised of the possibility of such damages. At all times PositivesDating.com and all of its other services and companies shall never in any way be liable to you for more than the amount paid.

Notwithstanding anything to the contrary contained here, PositivesDating.com, and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees are not liable to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PositivesDating.com for any and all services during the term and/or terms of the Membership.

Some jurisdictions do not allow the limitation or exclusion of warranties, conditions or liability for incidental or consequential damages, so some of the above limitations in Sections #11 and #12 may not apply to you.

14.0 INDEMNIFICATION
You agree to indemnify and hold harmless PositivesDating.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through, as well as your conduct on or arising from your use of the PositivesDating.com Service and your use of the service in violation of this Agreement and/or arising from a breach of these terms of use and/or any breach of your representations and warranties set forth within this Agreement.

Any and all users or members shall indemnify and hold harmless PositivesDating.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees from and against any claims, costs, damages, liabilities, expenses, losses or damages including Attorney's fees arising from the use of or participation in this Service or the information contained there.

If any part of this Agreement is said to be not included, all other parts will still apply.

15.0 NOTICE
Any notice to PositivesDating.com shall be made via email or regular mail. PositivesDating.com may provide notices of changes to the Agreement or other matters by displaying notices to members generally on the Site, or via e-mail or regular mail.

16.0 GENERAL
The Agreement and the relationship between you and PositivesDating.com shall be governed by the laws of the State of Ohio to its conflict of law provisions. You and PositivesDating.com agree to submit to the personal and exclusive jurisdiction of the State of Ohio, Franklin County, City of Columbus.

PositivesDating.com's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. And the other provisions of the Agreement 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 Service or the Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

17.0 PROFILE DISCLAIMER
PositivesDating.com posts all profiles without explicit knowledge of and/or about the person who submitted the profile or profiles. At any time you suspect anyone of wrongdoing or if at any time you feel the need to contact PositivesDating.com about a violation of its policy and/or policies please contact PositivesDating.com through email or fax at the addresses and numbers listed in the contact section of the site.

PositivesDating.com considers any violation a serious matter and it reserves the right to contact any person about conduct regarding PositivesDating.com and/or of its services.

18.0 DISPUTES
At any time if there is any dispute about or involving PositivesDating.com and/or this Site and/or the Service, by using this site, you agree that the dispute will be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the the State of Ohio, in the city of Columbus.

19.0 DISCLAIMERS
At no time is PositivesDating.com responsible for any inaccurate or incorrect content posted on the site or in connection with PositivesDating.com and/or each of its stand-alone Services, its parents, subsidiaries, affiliates, officers, advertisers, whether caused by the user, users, members, guest, or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user, member, and/or guest of the PositivesDating.com service and/or services, whether online or offline.

PositivesDating.com assumes no responsibility for any interruption, technical malfunctions, error, defect, deletion, omission, communications line failure, delay in operation or transmission, unauthorized access to, theft or destruction, or alteration of, members and/or users and/or guest communications. This includes personal injury or damage to users, members, guest, or anyone else or to any person's computer related to or resulting from participating or downloading materials in connection with PositivesDating.com and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees.

The Service and the site are provided "as is" and PositivesDating.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

PositivesDating.com cannot guarantee and does not promise any specific results from use of the Service and/or the Site of www.PositivesDating.com.

20.0 OTHER
This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of www.PositivesDating.com and any of its Services, contains the entire Agreement between you and PositivesDating.com regarding the use of the Site and/or any and all services or Service.

If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.