Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
Positive Friends, LLC ("Positive Friends") may revise and update these Terms and Conditions at any time. Your continued usage of the Positive Friends website ("Positive Friends Site," or the "Site,") will mean you accept those changes.
The site does not provide medical advice
If you think you may have a medical emergency, call your doctor or 911 immediately. Positive Friends does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Positive Friends, Positive Friends employees, others appearing on the Site at the invitation of Positive Friends, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
Children's privacy
Use of content
Positive Friends authorizes you to view or download a single copy of the material on the Positive Friends Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2007, Positive Friends, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Positive Friends Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Positive Friends or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Positive Friends. All rights not expressly granted herein are reserved to Positive Friends and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of Positive Friends and its licensors
The use of the Positive Friends Site and the Content is at your own risk.
When using the Positive Friends Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Positive Friends and its suppliers. Accordingly, Positive Friends assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Positive Friends Site.
The Positive Friends Site and the content are provided on an "as is" basis. Positive Friends, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Positive Friends, its licensors, and its suppliers make no representations or warranties about the following:
The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Positive Friends Site or Positive Friends.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Positive Friends Site.
In no event shall Positive Friends, its licensors, its suppliers, or any third parties mentioned on the Positive Friends Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Positive Friends Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Positive Friends, its licensors, its suppliers, or any third parties mentioned on the Positive Friends Site are advised of the possibility of such damages. Positive Friends, its licensors, its suppliers, or any third parties mentioned on the Positive Friends Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. Positive Friends, its licensors, its suppliers, or any third parties mentioned on the Positive Friends Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User submissions
The personal information you submit to Positive Friends is governed by the Positive Friends Privacy Policy. To the extent there is an inconsistency between this Agreement and the Positive Friends Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas ( including blogs, message boards, Ask Our Expert postings, Health Facts, Ask Dr. Rachel, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission You agree that you will not send or transmit to Positive Friends by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Positive Friends by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Positive Friends by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Positive Friends a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Positive Friends may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Positive Friends by email. We try to answer every email in a timely manner, but are not always able to do so.
Passwords
Positive Friends has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Positive Friends passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Positive Friends account and password; (3) promptly inform Positive Friends of any need to deactivate a password. You grant Positive Friends and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Positive Friends cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Positive Friends tools and services.
Positive Friends subscription services
If you choose to subscribe to one of Positive Friends' subscription services, ("Subscription Services"), the following additional terms and conditions will apply depending on which service you choose. You should be aware that the Positive Friends Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.
INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.
CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying Positive Friends of such charges. You agree that Positive Friends may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Positive Friends reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice.
MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term is determined by the level of membership you choose. Unless specified otherwise on the Positive Friends website, your membership to Positive Friends is automatically renewed following your initial membership period on a monthly basis. You are responsible for all associated monthly renewal fees until notice of cancellation is received by Positive Friends.
CANCELLATION: If you cancel your Positive Friends membership during your initial membership period, you will not receive a refund for that period. After the initial membership period, you are financially responsible for the monthly membership fee until you notify Positive Friends that you are canceling your membership. You may cancel your membership for Positive Friends at any time after the initial membership period, and if you have been charged for the month in which the cancellation occurs, you will receive a full refund for that month. Cancellations become effective during the month in which they occur. A membership month begins on the calendar date (e.g., May 15th) when a member subscribes to Positive Friends and concludes on the day before that calendar date (e.g., June 14th) the following month.
You may cancel your membership to Positive Friends as follows:
By email: send an email to subscriptions@PositiveFriends.com from the email account you submitted to Positive Friends when registering on the Positive Friends website and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name.
Positive Friends live and member to member areas ("public areas")
If you use a Public Area, such as a chat room, bulletin board, community Ask Our Expert / Ask Dr. Rachel posting, Health Facts section or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Positive Friends and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
1 - Using a Public Area for any purpose in violation of local, state, national, or international laws;
2 - Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3 - Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Positive Friends in its sole discretion;
4 - Posting advertisements or solicitations of business;
5 - After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6 - Posting chain letters or pyramid schemes;
7 - Impersonating another person;
8 - Distributing viruses or other harmful computer code;
9 - Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10 - Allowing any other person or entity to use your identification for posting or viewing comments
11 - Posting the same note more than once or "spamming"; or
12 - Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Positive Friends, exposes Positive Friends or any of its customers or suppliers to any liability or detriment of any type.
2 - Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3 - Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Positive Friends in its sole discretion;
4 - Posting advertisements or solicitations of business;
5 - After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6 - Posting chain letters or pyramid schemes;
7 - Impersonating another person;
8 - Distributing viruses or other harmful computer code;
9 - Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
10 - Allowing any other person or entity to use your identification for posting or viewing comments
11 - Posting the same note more than once or "spamming"; or
12 - Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of Positive Friends, exposes Positive Friends or any of its customers or suppliers to any liability or detriment of any type.
Positive Friends reserves the right (but is not obligated) to do any or all of the following:
1 - Record the dialogue in public chat rooms.
2 - Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3 - Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4 - Terminate a user's access to any or all Public Areas and/or the Positive Friends Site upon any breach of these Terms and Conditions.
5 - Monitor, edit, or disclose any communication in the Public Areas.
6 - Edit or delete any communication(s) posted on the Positive Friends Site, regardless of whether such communication(s) violate these standards.
2 - Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3 - Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4 - Terminate a user's access to any or all Public Areas and/or the Positive Friends Site upon any breach of these Terms and Conditions.
5 - Monitor, edit, or disclose any communication in the Public Areas.
6 - Edit or delete any communication(s) posted on the Positive Friends Site, regardless of whether such communication(s) violate these standards.
Positive Friends or its licensors have no liability or responsibility to users of the Positive Friends Site or any other person or entity for performance or nonperformance of the aforementioned activities
Advertisements, searches, and links to other sites
Positive Friends may provide links to third-party web sites. Positive Friends also may select certain sites as priority responses to search terms you enter and Positive Friends may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Positive Friends does not recommend and does not endorse the content on any third-party websites. Positive Friends is not responsible for the content of linked third-party sites, sites framed within the Positive Friends Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Positive Friends does not endorse any product advertised on the Positive Friends Site. indemnity
You agree to defend, indemnify, and hold Positive Friends, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
general
Positive Friends is based in New York, New York, in the United States of America with offices in New York, New York. Positive Friends makes no claims that Positive Friends, Positive Commons and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Positive Friends Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with Positive Friends, or in any way relating to your use of the Positive Friends Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving Positive Friends or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and takedown procedures; and copyright agent
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Positive Friends' copyright agent (identified below) and providing the following information:
1 - Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2 - Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3 - Your name, address, telephone number and (if available) e-mail address.
4 - A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5 - A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6 - A signature or the electronic equivalent from the copyright holder or authorized representative.
2 - Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3 - Your name, address, telephone number and (if available) e-mail address.
4 - A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5 - A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6 - A signature or the electronic equivalent from the copyright holder or authorized representative.
Positive Friends' agent for copyright issues relating to this web site is as follows:
Positive Friends, LLC.
Attn: Office of Privacy
copyright@PositiveFriends.com
In an effort to protect the rights of copyright owners, Positive Friends maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Complete agreement
Except as expressly provided in a particular "legal notice" on the Positive Friends Site, these Terms and Conditions and the Positive Friends Privacy Policy and Agreement constitute the entire agreement between you and Positive Friends with respect to the use of the Positive Friends Site, and Content.
Positive Friends Manager: Questions or comments regarding the Positive Friends Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to Positive Friends Customer Service, . We try to answer every email in a timely manner but due to volume may not always be able to do so.
