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TERMS OF USE

 

Scope and Applicability.

These Terms of Use (the "Agreement") are applicable to the Web pages, programs, curriculum, products, services, data files, written text, computer software, music, audio files, photographs, videos or other images, content, databases, software code and other information (collectively, the "Services") provided by Positive Prevention PLUS, LLC, a California limited liability company ("Positive Prevention PLUS"), on the Web site(s) accessed via the Internet (collectively, the "Web site(s)") owned by Positive Prevention PLUS.  The content and information included in the Services are provided by Positive Prevention PLUS and its third-party clients, suppliers and service providers (collectively, the "Information Providers").  These Services are made available by Positive Prevention PLUS subject to the terms and conditions of this Agreement.

 

Agreement.

BY VIEWING THE WEB SITE(S) AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW, AND, AS MAY BE APPLICABLE, THE END USER LICENSE AGREEMENT.  IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, POSITIVE PREVENTION PLUS IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES, AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE(S).
 

Positive Prevention PLUS may modify this Agreement from time to time in its sole discretion and without notice to you.  You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions.  Your continued use of the Services shall constitute your acceptance of this Agreement and your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.

 

Use of the Services.

The Services are provided as an evidence-based educational curriculum for students and adults regarding sexual health, teen pregnancy prevention, and HIV/AIDS prevention education that is compliant with California laws.
 

In accordance with the terms and conditions of this Agreement and the End User License Agreement, Positive Prevention PLUS grants you a non-exclusive, limited, non-transferable license to use the Services and view the online content for your personal, non-commercial, educational use.  The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by Positive Prevention PLUS and/or the Information Provider(s) credited.  You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.

 

You may not reproduce, modify, edit, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the prior written consent of Positive Prevention PLUS, nor use the content or information made available through the Services for any unlawful purpose or any purpose than otherwise intended.  You may not replay for commercial purposes video and/or audio materials available on the Web site(s).  Nothing contained in this Agreement shall be construed as conferring any right in any copyright, trademark, or other intellectual property of Positive Prevention PLUS to you.  Violation of this policy may result in infringement of the intellectual property and contractual rights of Positive Prevention PLUS, the Information Providers and/or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

 

No part of these materials may be copied, modified, edited, reproduced, uploaded, posted, transmitted or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented without the prior written consent of Positive Prevention PLUS and/or the Information Providers.  Notwithstanding the foregoing, you may, for your personal, temporary, non-commercial use, (i) print hard copies of pages from the Web site(s) and the printable versions displayed therein, provided you maintain all copyright and other notices contained therein and (ii) download the available student workbook(s) and/or facilitator/parent guide(s) provided you maintain all copyright and other notices contained therein.  No other copying of the Web site(s) or components thereof, in whole or in part, is permitted without Positive Prevention PLUS' prior express written authorization, which may be withheld for any reason.

 

To deliver the Services, it may be necessary for Positive Prevention PLUS to collect information about you and your use of the Web site(s).  For more information please read the Privacy Policy posted by Positive Prevention PLUS on or in connection with the Services, whose terms are incorporated by this reference.

 

You agree to accept sole responsibility for: (1) any use of Internet facilities conducted or permitted by you or your agents, contractors, employees or other users; (2) the conduct of any business, advertising, marketing or sales in connection therewith; and (3) any negligent or illegal act or omission of you or your agents, contractors, employees or other users.

 

When retrieving information from the Services, you are expressly prohibited from: (1) using or attempting to use data mining, spiders, robots, intelligent agents, or any other similar data gathering, extraction or navigation search methods except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information available from the Web site(s) except for the small amount of materials and information temporarily required for an ordinary single use of the Web site(s); or (3) accessing data not intended for such user.  

Hyperlinks on the Web Site(s).

 

Positive Prevention PLUS may from time to time, directly or indirectly, provide hyperlinks ("links") to or, in our sole discretion, accept links from Web sites of third parties.  Positive Prevention PLUS does not control or maintain the material presented by other persons in their Web sites.  The inclusion of any link on the Web site(s) does not imply an association or relationship between Positive Prevention PLUS and the person or entity sponsoring the linked site and does not constitute or imply an endorsement, approval or sponsorship of the linked site by Positive Prevention PLUS, or the endorsement, approval or sponsorship of Positive Prevention PLUS by the sponsor of the linked site.  The links do not imply legal authority to use any protected rights of others reflected in the links.  We do not vouch for or assume any responsibility for the content, accuracy or completeness of the material presented directly or indirectly in linked sites.  If you use any of the links, you will leave the Web site(s).  

Linking to the Web Site(s).

 

You may not link other sites to the Web site(s) without prior authorization by Positive Prevention PLUS, which may be withheld for any reason.  In all circumstances, you may not frame or alter the appearance of the Web site(s) or reproduce or host content from the Web site(s) on your Web site.  Further, you may not state or imply that Positive Prevention PLUS endorses, sponsors or otherwise approves your site.  You may not use any of the Positive Prevention PLUS trademarks or logos without prior written consent, which may be withheld for any reason.

 

Intellectual Property Rights.

You may not use any of our trademarks or logos without our prior written consent.  Unless otherwise noted, all materials, including but not limited to the Web site(s), all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the Web site(s), are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Positive Prevention PLUS, the Information Providers, or is otherwise part of the public domain.

 

Without prior written consent, you may not republish, frame, retransmit, modify or create derivative works of any material contained in the Web site(s) on any other Web site or in materials of any other entity.  Further, the computer code created by or for Positive Prevention PLUS to generate the Web site(s) is protected by copyright and any copying or adapting of such code is strictly prohibited.  

Termination.

In accordance with the terms and conditions of this Agreement, Positive Prevention PLUS may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause.  Positive Prevention PLUS may terminate this Agreement and your access to and use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.

Disclaimer of Warranties.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  THE SERVICES AND THE INFORMATION PRESENTED ON THE WEB SITE(S) ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME.  ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED BY POSITIVE PREVENTION PLUS AND THE INFORMATION PROVIDERS.
 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE SUCH AS LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

Limitation of Liability.

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER POSITIVE PREVENTION PLUS NOR ANY OF THE INFORMATION PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON THE INFORMATION IN OR THROUGH THE SERVICES, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NEITHER POSITIVE PREVENTION PLUS NOR ANY OF THE INFORMATION PROVIDERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, "TROJAN HORSES," "WORMS," "TIME BOMBS," OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED WITHIN ELECTRONIC FILES OF THE WEB SITE(S) OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO POSITIVE PREVENTION PLUS OR THE INFORMATION PROVIDERS.  IN NO EVENT SHALL POSITIVE PREVENTION PLUS BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.

 

Limitation of Claims.

Unless statute mandates a lesser period, any action on any claim against Positive Prevention PLUS and/or the Information Providers must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived.

 

Privacy Policy.

For information about our data protection practices, please read our Privacy Policy as posted on the Web site(s).  This policy explains how Positive Prevention PLUS treats your personal information and protects your privacy when you use the Services.  In using the Services, you agree to the use of your data in accordance with our Privacy Policy.

 

Copyright Agent.

Positive Prevention PLUS will, in appropriate circumstances, remove from the Web site(s) information that might infringe the intellectual property rights of others.  If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Web site(s) or on sites to which the Web site(s) link, you must provide our Copyright Agent with notice, including substantially the following:
 

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(ii) A description of the copyrighted work or works that you claim have been infringed and an identification of what material in such work(s) is claimed to be infringing and which you request to be removed from the Web site.  If multiple copyrighted works are covered by a single notification, a representative list of such works must be provided;

(iii) Identification of the location on the Web site of the allegedly infringing material(s) reasonably sufficient to permit Positive Prevention PLUS to locate the material(s).  The easiest way to do this is by providing Web addresses (URLs) leading directly to the allegedly infringing material(s);

(iv) Information reasonably sufficient to permit us to contact you, including your full name, physical address, telephone number, fax number and, if available, your direct email address:

(v) A statement by you that you have a good faith belief that the use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) A statement by you that the information in your notice is accurate, and, under penalty of perjury, a declaration that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(vii) Your electronic or physical signature.
 

Notice of copyright infringement should be mailed to Positive Prevention PLUS' Copyright Agent at the following address:
 

By mail: Copyright Agent

        c/o Positive Prevention PLUS, LLC

        1141 Tyler Court

        Nipomo, CA  93444

 

THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITE OR ON SITES LINKED TO FROM THE WEB SITE(S).  ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT RECEIVE A RESPONSE.

 

Additional Disclosures and Information.

Excluding any services provided to you by Positive Prevention PLUS under a separate written agreement, this Agreement together with Positive Prevention PLUS' Privacy Policy, End User License Agreement and policies posted on the Web site(s) constitute the entire agreement between you and Positive Prevention PLUS regarding the use of Services appearing on the Web site(s) and supersede any and all previous and contemporaneous oral and written agreements between you and Positive Prevention PLUS regarding your use of the Web site(s) and/or the Services.

 

The Web site(s) (excluding linked sites) are controlled by Positive Prevention PLUS from its offices within the State of California, U.S.A.  By accessing the Web site(s), you and Positive Prevention PLUS agree that all matters relating to your access to, or use of, the Web site(s) shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles.  You and Positive Prevention PLUS also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Luis Obispo County and the United States District Court for the Central District of California with respect to such matters.  Positive Prevention PLUS makes no representation that the Services (and the content and information included therein) are appropriate for use in other locations.  Those who choose to access the Services from locations outside California shall be responsible for compliance with local laws, if and to the maximum extent local laws may be applicable.  Notwithstanding the foregoing, you agree that Positive Prevention PLUS shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

 

If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of Positive Prevention PLUS as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect.  Any failure by Positive Prevention PLUS to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.  The headings used in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement.

 

Positive Prevention PLUS may make changes to these Terms of Use from time to time.  When these changes are made, Positive Prevention PLUS will post a new copy of the Terms of Use on the Web site(s).  You understand and agree that if you use the Services after the date on which the Terms of Use have changed, Positive Prevention PLUS will treat your use as acceptance of the updated Terms of Use.

 

For additional information about the Web site(s) or the Services, please contact us using the online submission form available on the Web site(s).

 

Effective Date: May 24, 2019