of Use Agreement (Modified on October 31, 2017)
Welcome to LivingPositive.com. Please read these terms and conditions carefully.
Once you have completed your online registration procedure, your membership
has been activated and you have entered into a legally binding contract
user agreement (“Agreement”) is entered into between
You (User/Member/Subscriber) and Us (LivingPositive.com). By registering
service, you become a LivingPositive.com member and agree to be bound by the
terms and conditions of this agreement for as long as you continue to
be a member. This agreement applies to your use of the web site
and/or by using, registering or subscribing to the services provided
assumes no responsibility for your use of this service.
By becoming a member, you represent and warrant that you are of at
(18) years of age and your membership for this service is for your
personal use. You may not authorize others to use your membership or
your account to any other person or entity.
LivingPositive.com does not conduct background checks of any kind on any member. Please note that LivingPositive.Com, Doricom and its representatives assumes no responsibility for the accuracy or intent of any information, or communication, on this website. Please be advised that correspondence via this web site is at the discretion of the member, subscriber, or visitor.
- You may
register as a member of this service for free; however, if you
wish to communicate with other members or use certain
other parts of
this service, you must become a subscriber and pay the fees that are set
out in the price list. This price list is part of the contract and
change the subscription fee for the service at any time, but we will give
you reasonable notice before we do so. If you are unhappy with any
fee changes or you just wish to terminate your membership, you
may do so
by sending written notice via email to us. Your membership will
be terminated upon our receipt of your written notice. You will receive
confirmation via email that the request was received and your access
will be suspended. You are responsible for all monthly fees and charges
or incurred up until the time the account is deactivated.
may immediately terminate your membership and your access to the
service, without liability, because you have breached this
agreement. We will send you notice of termination at the email address you
provided in your application for membership or any later email address
- If you
subscribe, you must provide and maintain correct, complete and current
information at registration and thereafter.
If you create a
public profile, you may not use any telephone number, street address, screen
email addresses or other material that contains offensive,
anatomical and/or sexual references.
Terms and Conditions of Purchase:
- All purchases
are final. No refund will be given for unused portions of your subscription
period. Subscription privileges
in the event you decide to suspend or cancel your membership. Additionally,
no refund will be provided to you if LivingPositive.com suspends
or terminates your membership for any breach of LivingPositive.com terms.
- Although most site do, PozMatch.com will not automatically rebill your account unless you choose this billing option. If you choose a subscription with an auto-billing option,
you agree and authorize LivingPositive.com
to renew your membership, automatically, every month, at
the guaranteed renewal rate that applies to the purchase option chosen by you.
and renewal can be stopped by going to: “My
Your Use of this Service:
we cannot monitor the conduct of our members off the Web site,
it is a violation of these rules to use
any information obtained from
this service in order to harass, abuse, or harm another person.
Additionally, contacting members in order to advertise, solicit or
sell to any member
without their prior consent is a violation of this service agreement.
In order to protect our members, we are entitled to investigate
and revoke a person’s membership if a member has misused this
service, or behaved in a way which could be regarded as inappropriate
or whose conduct
is unlawful or illegal. Additionally, any illegal and/or unauthorized
uses of this Web site will be investigated, and appropriate legal
action will be taken.
- You must
use this service in a manner consistent with any and all applicable
laws and regulations. You are solely responsible for the content
that you publish or post on this service, or transmit to other members. We
are entitled to review, edit or delete any content, messages,
or profiles that in our sole judgement violate this agreement
or which might be offensive, illegal, or that might violate the rights,
or threaten the safety of other members.
Ownership on Web site:
- This service
contains information that may be protected by copyright, trademark,
patent and other proprietary rights and laws. This includes but not
limited to text, graphics, images, data, information, software, audio,
video and/or postings. You may not modify, post, distribute or reproduce
in any way any copyrighted material, trademarks or other proprietary
information without having first received written permission. All member
data, including any personally identifiable information, pictures and
text entered or uplodaed by a member immediately becomes the sole property
and the service provided is on an “as-is” and “as-available” basis.
We cannot guarantee and do not promise any specific results
form use of this site and/or service. Your use of LivingPositive.com and this service
is entirely at your own risk.
- We will
do our best to maintain the operation of the Web site for the service;
however, we may
need to temporarily suspend the
service for operational reasons. We promise to restore the service as soon
after any suspension.
- If we
are in breach of this contract because of something beyond our reasonable
control, we will not be
liable for this and
are not responsible for any losses that you suffer as a result of the breach.
is not liable for the acts or omissions of providers or telecommunication
services or for faults of their networks
and equipment. We do not guarantee the accuracy, completeness, or usefulness
material on the LivingPositive.com web site. We do not adopt,
endorse nor are responsible for the accuracy or reliability of any opinion,
statement made, or material posted, by third parties
or other users that are displayed, uploaded or distributed through out the
site. Under no circumstance will we be responsible
for any loss or damage resulting from any reliance on such statements
We are not
responsible or liable for any threatening, defamatory,
obscene, offensive or illegal content or conduct of any other member/subscriber
or any third
party infringement of another’s rights, including
intellectual property rights.
- If you
are dissatisfied with this service for any reason, your sole and
remedy is to discontinue using this service.
used for the promotion of LivingPositive.com, including our logos, advertisements,
and banner ads are not presumed to be HIV positive.
In the absence of a specific statement herein concerning the serostatus of
LivingPositive.com, no inference is made with respect
thereto and none should be implied.
the event that you have any claim or action against any other
member arising from that member’s use of our Site or the service,
you agree to pursue such claim or action independently of and without
demands from us. Additionally, you release us from all claims,
liability and damages, arising from or in any way connected to the
claim or action.
- In the
event that a claim or action is brought against us from your activities
or use of the Web site or the service (including any breach by
you of this agreement or any changes or complaints made by other parties against
you) you agree to pay, hold harmless and defend us in the claim
action. You also agree to cooperate as fully as reasonably required in
defense of any claim and allow us to assume the exclusive defense and control
of the matter.
Jurisdiction and Choice
of Law. If there is any dispute arising out of the Website and/or the
Service, by using the Website, you expressly agree that any such dispute
shall be governed by the laws of the State of Texas, without regard to
its conflict of law provisions, and you expressly agree and consent to
the exclusive jurisdiction and venue of the State of Texas, in Travis County for the resolution of any such dispute.
LivingPositive.com is owned and operated by Doricom
LLC, A Texas Limited Liability Company. If you have any question about the rights and restrictions
above, please contact us at:
1779 Wells Branch Parkway
Austin, Texas 78728