The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to POSitive Software indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by POSitive Software. POSitive Software reserves the right to make changes to this site and these terms and conditions at any time.
Furthermore, POSitive may from time to time, without notice, obligation or liability, modify, expand, restrict or suspend any of its product and service offerings.
Copyright and Trademark Notice
This site is owned and operated by POSitive Software. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of POSitive Software, Copyright © 2009, ALL RIGHTS RESERVED. All audio and video clips are the sole property of POSitive Software or their respective content providers. All software used on the site is the sole property of POSitive Software or those supplying the software. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without POSitive Software's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of POSitive Software. All other trademarks or service marks are property of their respective owners. The use of any POSitive Software trademark or service mark without POSitive Software's express written consent is strictly prohibited.
Disclaimer and Limitation of Liability as to Products Sold
All of POSitive Software’s products are "As-Is". Except as expressly stated herein, POSitive Software makes no representations or warranties, either express or implied, of any kind with respect to products sold. Except as expressly stated herein, POSitive Software expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to POSitive Software arising from any product sold on the POSitive Software site shall be the price of the product ordered. In no event shall POSitive Software, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.
Disclaimer and Limitation of Liability as to the POSitive Software Web Site
The POSitive Software web site and the materials therein are provided “as is”. POSitive Software makes no representations or warranties, either express or implied, of any kind with respect to the POSitive Software site, it's operations, contents, information, materials or year 2000 compliance. POSitive Software expressly disclaims all warranties, express or implied, of any kind with respect to the site or it's use, including but not limited to merchantability and fitness for a particular purpose. You agree that POSitive Software, it's directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the POSitive Software site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, POSitive Software shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. POSitive Software shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, POSitive Software shall immediately issue a credit to your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that POSitive Software is not responsible for the operation of or content located on or through any such site.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. POSitive Software reserves the right at any time after receipt of your order to accept or decline your order for any reason. POSitive Software reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. ALL SALES ARE FINAL AND NO REFUNDS WILL BE PERMITTED AFTER SOFTWARE REGISTRATION CODES ARE ISSUED.
POSitive Software shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within it's state(s) of operation. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Service and Support
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
Jurisdiction and Venue
You agree that any legal action brought against POSitive Software shall be governed by the laws of the State of Washington without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the POSitive Software sites shall be an appropriate federal or state court located in Benton County, Washington.