Positive Fundraising

Positive Promotions, Inc.
DBA PositiveFundraising.com
Terms of Use

INTRODUCTION
This Agreement contains the complete terms and conditions that apply to you, the “Site User” in using, joining, selling, fundraising and all other activities you will undertake on this website. By using or shopping from this Web site, including any software and programs associated therewith (hereinafter the “Site”), you agree to be bound by its terms of use and shall comply therewith. This Agreement describes and encompasses the entire Agreement between Positive Promotions (hereinafter referred to as “Positive” or “We” or “Us”) and the Site User, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this Agreement and Site Terms of Use can be made and effected by Positive from time to time without specific notice to the Site User. The most current “Terms of Use” Agreement posted on the Site reflects the latest Agreement and the Site User should carefully review the same before commencing and continuing use of the Site.

MINIMUMS AND PERSONALIZED ITEMS
The Site User agrees that any personalized item has a minimum purchase quantity associated with it. The Site User additionally agrees that all orders will be fulfilled even if the final quantity purchased falls below the minimum. In such a case, the Site User agrees to purchase the additional quantity required to reach the minimum threshold. The minimum quantity state must be met each time Positive personalizes a product. If there is sufficient volume of a particular product, that product may be produced multiple times throughout the life of a given Site. A particular item can be produced and delivered each time the number of ordered units reaches the minimum threshold or all orders can be held and produced on a chosen date. By selecting a personalized item for the Site, the Site User accepts the above terms and conditions.

SHIPPING
Shipping is free for all orders shipping in bulk to the Site User’s address. Shipping and handling will be charged if the Site User chooses to offer direct shipping to the buyer. On direct ship orders the following shipping and handling charge will be added:

Order Value S&H
<$25               $9.95
$25 > $50      $12.99
>=$50             $14.99

USE OF THE SITE & PROHIBITIONS
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, use our Site, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools. For you to complete the sign-up process on the Site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. In order to do so, you hereby represent and agree that you are 18 years or older, are responsible for keeping your password secure, and that you shall be responsible for all activities and contents that are uploaded under your account. In addition, you hereby agree not transmit any worms or viruses or any code of a destructive nature.

PAYMENTS
Positive has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Positive prior to the latter’s acceptance of an order. Unless credit terms have been agreed upon, payment for the products shall be made by credit card, paypal, electronic check or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately if payment is deferred by Positive. Positive has the absolute discretion to cancel or deny orders. Positive is not responsible for pricing, typographical, or other errors in any offer by Positive and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. Positive reserves the right to charge you a late penalty charge of 1% per month applied against overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge if payment remains overdue.

If the Site User has priced the items on their site to make a profit [profit being defined as the gross sales minus the cost established by Positive minus the additional product required to be purchased to meet the minimum if required] and Positive agrees to defer payment, the funds will be mailed via check to Positive no later than 30 days after the end of the month in which the product has shipped. The check will be mailed via USPS or other overnight service.

SATISFACTION GUARANTEE
Positive has a 100% satisfaction guarantee. If you are not happy with the quality of an item we will replace it for free or provide a full refund. The choice of a refund or replacement is that of Positive only. Replacements may not be available for a particular item.

PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for re-sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced items in our catalogs in which the item's correct price is higher than our stated price, we will, contact you for instructions before shipping and/or reserve the right to cancel your order and notify you of such cancellation.

We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered on our Site is not as described, your sole remedy is to return it in unused condition.

PERSONALIZED ITEMS

PLEASE BE ADVISED THAT BY SELECTING A PERSONALIZED ITEM YOU ARE COMMITTING TO PURCHASE THE MINIMUM QUANTITY ENUMERATED FOR SAID ITEM

EDITING, DELETING AND MODIFICATION
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new Agreement on the Site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

ACKNOWLEDGMENT OF RIGHTS
You hereby acknowledge that all rights, title and interests, including but not limited to tangible and intellectual property rights, in and to the Site, belong to and are the property of Positive and that You will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Site or any of Positive’s services, software, or documentation used in conjunction therewith. You agree not to create or attempt to create a substitute or similar service or product through the use or access to the Site or any proprietary information related thereto.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Site, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and your use of the Site shall not exceed the total price of the subject products paid or payable by you.

We make no express or implied warranties or representations with respect to your use of the Site or any products sold and offered therein (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.

NON-WAIVER
Failure by Positive to insist upon strict performance of any of the terms, conditions and covenants of this Agreement shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of New York, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

The entire Agreement between Positive and You, the Site User, is embodied herein and no other Agreement relative hereto shall bind either party unless mutually agreed to in writing.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. Positive, may assign this Agreement to any person at any time without notice.

In the event that any provision of this Agreement is found to be unlawful, invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of this Agreement shall remain valid and enforceable according to its terms.