POSITIONING UNIVERSAL
WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
Last updated: June 21, 2022
POSITIONING UNIVERSAL HOLDINGS INC, doing business as Positioning
Universal (“we” or “us”) offers access to and use of
https://www.positioninguniversal.com to you, subject to your acceptance of these
terms and conditions (“Terms”). By accessing, using or obtaining any content,
data, materials, information, products or services through our site, you agree to
observe these Terms. If you do not accept all of these Terms, then please leave
our site immediately.
- OWNERSHIP. We, along with our service and information providers
(“Providers”), own and have copyrights on our site and all of its contents. You will
not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or
modify any of the content, data, information or materials found on our site, but
you may download, display and print one copy of the materials presented on our
site on a single computer for your personal, non-commercial use. Trademarks,
logos and service marks displayed on our site (“Marks”) are ours, and our
Providers’, registered and common law Marks. Your use of and access to our site
does not grant you any license or right to use any of the Marks. You will not use
any robot, spider, other automatic device, or manual process to monitor materials
available through our site. All software, applications, and modules used on our
site are proprietary to us or licensed to us by other parties. You may not
reproduce, reverse engineer, create derivative works of, reverse assemble or
reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any
software on our site. - COPYRIGHT AND TRADEMARK NOTICES. All contents of our site are
Copyright 2015-2020, Positioning Universal Holdings Inc. All rights reserved.
Positioning Universal Holdings, Positioning Universal, PUI, and
www.PositioningUniversal.com are trademarks of Positioning Universal Holdings
Inc. Other product, service and company names listed in our site may be the
trademarks of their respective owners. - USE OF SITE. You may only use our site if you are at least 18 years of age
and can enter into binding contracts (our site is not available for use by minors).
You are responsible for maintaining the secrecy of your passwords, login and
account information. You will be financially accountable for all uses of our site by
you and anyone using your password and login information. You agree to be
completely responsible for all charges, fees (including, without limitation, any
monthly or use fees charged by us), duties, taxes and assessments arising out of
the use of our site. You also represent and warrant that all information supplied
by you to us is true and accurate. You may not use our site: to post or transmit
any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory,
pornographic or profane material or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law; or for any other purpose that is unlawful or
prohibited by these Terms. We may, at any time and without advance notice or
liability, terminate or restrict your access to all or any component of our site. Your
access to our site may not be uninterrupted or available at all times. We cannot
promise that our site will be error-free, that defects or errors will be corrected or
that our site or the servers that make it available are free from viruses or other
harmful components. You will not use any device, software or routine that
interferes or attempts to interfere with the normal operation of our site or take any
action that imposes an unreasonable load on our computer equipment. - USER INFORMATION. Content you send to us, as between us and you,
whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our
sole property and is transmitted at your sole risk. You are strictly prohibited from
uploading to our site any material that contains any virus, worm, “trojan horse”,
time bomb, or similar contaminating or destructive feature. Violators may be
prosecuted to the maximum extent of the law. - SOFTWARE AVAILABLE ON THIS SITE.
5.1. Any software that is made available to download from our site (“Software”) is
our copyrighted work, or our affiliates, and/or their suppliers. Your use of the
Software is governed by the terms of the end user license agreement, if any,
which accompanies, or is included with, the Software (“License Agreement”).
You may not install or use any Software that is accompanied by or includes a
License Agreement unless you first agree to the License Agreement terms.
5.2. For any Software not accompanied by a License Agreement, we hereby
grant to you a personal, nontransferable license to use the Software for viewing
and otherwise using our site in accordance with these terms and conditions and
for no other purpose.
5.3. Please note that all Software, including, without limitation, all HTML code
and Active X controls contained on our site, is owned by us, our affiliates, and/or
their suppliers, and is protected by copyright laws and international treaty
provisions. Any reproduction or redistribution of the Software is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators
will be prosecuted to the maximum extent possible.
5.4. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
5.5. You acknowledge that the Software and any accompanying documentation
and/or technical information are subject to applicable export control laws and
regulations of the United States. You agree not to export or re-export the
Software, directly or indirectly, to any countries that are subject to United States
export restrictions. - PRIVACY. You hereby represent and warrant that you own or have the right to
submit all information you send to us. Your use of our site is subject to our
Privacy Policy (the “Privacy Policy”). You represent and warrant that you have
read the Privacy Policy and it is reasonable and acceptable to you. Your
acceptance of these Terms is also your consent to the information practices in
our Privacy Policy. - LINKS. Our site may contain links to other sites that we do not operate or
control. We are not responsible for these other sites. We provide these links for
your reference and convenience. We do not endorse the contents of these other
sites. These links are not an indication of our association with the owners or
operators of any of these other sites or our endorsement of any material on those
sites. You are free to access these other sites, but you do so at your own risk.
You agree not to create a link from any site, including any site controlled by you,
to our site without our express, written permission. - WARRANTY DISCLAIMER. WE MAKE NO, AND OUR PROVIDERS MAKE,
NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY
CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES
PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS”
BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY
THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED.
WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY,
COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION
FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM AND OUR PROVIDERS
EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT
ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY
DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE, OUR
AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME. - LIMITATION OF LIABILITY. WE WILL NOT BE, AND OUR PROVIDERS
WILL NOT BE, RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR
VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR
BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT,
INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO
FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT
OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR
CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY
FAILURE OR DELAY (INCLUDING, WITHOUT LIMITATION, THE USE OF OR
INABILITY TO USE ANY COMPONENT OF THIS SITE FOR VEHICLE
LOCATIONS), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US
OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY
OTHER PARTY. This disclaimer of liability applies to any damages or injury
caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction or unauthorized access to, alteration of, or use of
record, whether for breach of contract, tortious behavior, negligence, or under
any other cause of action. - DOLLAR LIMITATION. If, despite the limitations above, we are or a Provider
is found liable for any loss or damage which arises out of or is in any way
connected with any of the occurrences described in such sections, then our
liability and the Providers’ liability will in no event exceed, in total, the sum of US
$250.00. Some states do not allow the limitation of liability, so the limitations
above may not apply to you. - INDEMNIFICATION. You will defend and indemnify us and any Provider and
each of our officers, directors, employees and agents from and against any
claim, cause of action or demand, including, without limitation, reasonable legal
and accounting fees, brought by you or on your behalf in excess of the liability
described above or by third parties as a result of your breach of these Terms or
the documents made part of these Terms by reference, your violation of any law
or the rights of a third party or your use of our site. - GENERAL. The headings in these Terms are for your convenience and
reference only. Such headings do not limit or affect these Terms. Your
acceptance of these Terms and use of our site do not create a joint venture,
partnership, employment or agency relationship with us. You may not assign,
delegate or transfer your rights or obligations under these Terms. We may modify
these Terms at any time. Your continued use of our site, following any
modification of these Terms, will be subject to the Terms in effect at the time of
your use. You will review these Terms periodically. Your continued use of our
site, following any modification, will be your acceptance of the modified Terms.
Except as described in the preceding sentences, you and we can only modify
these Terms in a written document signed or otherwise accepted by you and by
us. Other terms and conditions may apply to your of services and products
through our site and to your use of other portions of our site. You will observe
these other terms and conditions. If we fail to act with respect to your breach or
anyone else’s breach on any occasion, we are not waiving our right to act with
respect to future or similar breaches. If a court finds any provision of these Terms
to be unenforceable or invalid, that provision will be enforced to the fullest extent
permitted by applicable law and the other Terms will remain valid and
enforceable. These Terms, together with those items made a part of these terms
by reference, make up the entire agreement between us and you relating to your
use of our site, and replaces any prior understandings or agreements (whether
oral or written) regarding your use of our site. The laws of the State of California
(USA), without regard to its conflict of laws rules, will govern these terms and
conditions, as well as your and our observance of them. If you take any legal
action relating to your use of our site or these Terms, you agree to file such
action only in the state and federal courts located in San Diego, California (USA).
In any such action or any action we may initiate, the prevailing party will be
entitled to recover all legal expenses incurred in connection with the action,
including but not limited to costs, both taxable and non-taxable, and reasonable
attorneys’ fees. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these Terms to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
