Terms of Service

These terms and conditions (the "Terms") govern your access to and use of Positive Work™ websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Positive Work™ , an Indiana nonprofit organization. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

1. DEFINITIONS

A. Parties "You" and "your" refer to you, as a user (consumer or business) of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Positive Work® .

B. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Positive Work® Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Positive Work® or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Positive Work® Content.

C. “Service” or “Services “ means all products and services described in this Section, as well as any other products and services offered by Positive Work® at any time shall be defined herein as “Service” or “Services.” In order to use the Service, You must read and accept all of the terms and conditions.

D. “Service Provider” means any business or entity which has created a business account on the Site.

2. CHANGES TO THE TERMS OF SERVICE We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.

3. TRANSLATION We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Positive Work™, and any inconsistencies among the different versions will be resolved in favor of the English version.

4. USING THE SITE

A. Eligibility To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

B. Permission to Use the Site We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

C. Site Availability The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

D. U.S Government Embargo You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has ben designated by the U.S. Government as a "terrorist supporting" country.

E. User Accounts You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account ID and password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your creditability as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Positive Work® . Please read our Privacy Policy for more information.

F. Business Owner Membership Agreement

i. Registration Information As a condition of Your use of the Service, you agree to: (a) provide Positive Work® with true, accurate, current and complete information as prompted by the Positive Work® registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

ii. Minimum Age You must be 18 years of age or older to use or register for Services.

iii. Use Void Where Prohibited Membership in the Service is void where prohibited.

iv. Privacy Policy Positive Work® has established a privacy policy to explain to You, and other users, how Your personal information is collected and used.

v. Service Fees and Billing Methods; Automatic Renewal Positive Work® will charge You a membership fee in order to provide the Service. Your membership fee is the amount You were charged for Your membership, not including any promotions, discounts or prorated amount that may have been applied (the "Membership Fee"). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check your account online or call a Positive Work® call center representative if You have any questions. You acknowledge that Positive Work® reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees for access to the Service are made on an annual basis. Membership Fees may be paid in by credit card or debit card. All memberships will be automatically renewed upon the terms set forth below, unless such membership is cancelled or terminated as provided below.

vi. Annual Payment Positive Work® will automatically renew Your annual membership for one year at the Membership Fee (as such membership fee may be modified as provided above) using the credit card, debit card or other payment information on file with the third party Positive Work® contracts with for payment processing. Such annual renewal payment will take place one year from the date you established your membership. If the renewal of Your annual membership fails for any reason, we will attempt to process Your renewal for a period up to one hundred eighty (180) days in accordance with our standard renewal practices then in effect (which may be modified from time to time by Positive Work®). Except as otherwise required by applicable law, You agree that Positive Work® will not provide You with any notices prior to each annual renewal payment.

vii. Authorization to Update Credit Card Account Information; Account Updater If the credit card or debit card provided by You to Positive Work® has expired during an attempt to renew Membership Fees pursuant to this Section, You authorize Positive Work® to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to You, Positive Work® contracts with a third-party service that refreshes expired or replaced card and debit card numbers with the numbers of any replacement cards so that Your paid Services do not lapse because the credit card or debit card information initially on file with Positive Work® has expired or changed ("Account Updater"). By registering for the Service and receiving a membership, You consent to and authorize Positive Work® disclosure of Your credit or debit card information to Account Updater. You further consent to the third party's use of such information solely in connection with Account Updater. you also consent to Positive Work™ receipt and use of updated credit card or debit card account information from Your financial institution in connection with the provision of the Service as provided in this Agreement and the privacy policy.

viii. Results may vary Positive Work® does not guarantee and is not responsible or liable to any Service Provider for an increase in customer base, revenue, customer satisfaction, return on investment or any and additional benefits from using this service.

ix. Canceling your Membership If you decide to cancel Your membership, in order to avoid renewal, Your cancellation request must be received by no later than 5:00 p.m. Eastern Time 30 days prior to the business day of Your scheduled renewal payment date. You may cancel Your membership by visiting the members account page and accessing the cancelation form.

G. Communications From Positive Work® By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive our e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications.

5. SERVICE PROVIDERS Positive Work® does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, health care and wellness providers). You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, health care and wellness providers), Positive Work® is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, health care and wellness providers), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, health care and wellness providers) exclusively and do not involve Positive Work® . You should make whatever investigation or other resources that You deem necessary or appropriate before hiring, engaging, or frequenting Service Providers (which includes, but is not limited to, health care and wellness providers). You agree that Positive Work® is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, health care and wellness providers) or for Your interactions and dealings with them, waive the right to bring or assert any claim against Positive Work® relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, health care and wellness providers), and release Positive Work® from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, health care and wellness providers). Positive Work® may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, Positive Work® DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, OR SECTION 14 (DISCLAIMERS AND LIMITATIONS OF LIABILITY).

6. HEALTH RELATED PROVIDERS The contents of the Positive Work® Website, such as text, graphics, images, information obtained from Positive Work® , and other material contained on the Positive Website ("Website Content") are for informational purposes only. The Website Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on the Positive Work® Website. If You think You may have a medical emergency, call Your doctor or 911 immediately. Positive Work® does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Positive Work® is not a health or wellness provider and cannot recommend or refer You to any health or wellness provider. Reliance on any information provided by Positive Work® , Positive Work® employees, others appearing on the Website at the invitation of Positive Work® , or other visitors to the Website is solely at Your own risk. The Website may contain health-related materials that are sexually explicit. If You find these materials offensive, You may not want to use our Website. You should be aware that if You post any health-related information about Yourself or anyone else on this Website, You do so at Your own risk. If You post Website Content about services rendered to another individual, You represent that You have the legal authority to receive health information about that individual and related to the Website Content from that individual's health care providers and that You have the legal authority to further disclose such health information. If You post health-related information, You will be placing it into the public domain and it will not be protected by any federal or state laws that protect the privacy of health information. You also acknowledge that the health care or wellness provider about whom You submit Content may submit Service Provider Content that contain Your private or confidential health information in response to Content You submit. Positive Work® is not liable for any such Service Provider Content. Please see Section 7c (Publication and Distribution of Content) below for more information about Positive Work® responsibilities related to Service Provider Content. Except as otherwise provided in this Agreement, neither Positive Work® , nor any of its users, has any legal obligation to keep Your health information confidential if You post it to this Website and it may be used for purposes that are unintended by You or Positive Work® .

7. CONTENT

A. Responsibility for Your Content You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Positive Work® . You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

B. Our Rights to Use Your Content We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Positive Work™ and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

C. Publication and Distribution of Content You further acknowledge that Positive Work™ has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Positive Work® member or any Service Provider. However, Positive Work® reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Positive Work® be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Positive Work® relating to Content or Service Provider Content, and release Positive Work® from any and all liability for or relating to any Content or Service Provider Content.

D. Ownership As between you and Positive Work® , you own Your Content. We own the Positive Work® Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Positive Work™ Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Positive Work® Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Positive Work® Content are retained by us.

E. Advertising Positive Work® and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

F. Content Feeds We make some of the Site Content ("Feed Content") available via Real Simple Syndication and Atom feeds ("Feeds"). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog ("Your Site"), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on Positive Work® websites, and attributes Positive Work® as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that Positive Work® promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden Positive Work 's ™ systems. Positive Work® reserves all rights in the Feed Content and may terminate the Feeds at any time.

G. Other User Content (including any that may have been created by users employed or contracted by Positive Work®) does not necessarily reflect the opinion of Positive Work® . We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.

8. RESTRICTIONS We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

A. You agree not to, and will not assist, encourage, or enable others to use the Site to:

i. Violate content guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;

ii. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

iv. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Positive Work® ;

v. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;

vi. Solicit personal information from minors, or submit or transmit pornography; or

vii. Violate any applicable law.

B. You also agree not to, and will not assist, encourage, or enable others to:

i. Violate the Terms;

ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Positive Work® ;

iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;

iv. Reverse engineer any portion of the site;

v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;

vi. Record, process, or mine information about other users;

vii. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews;

viii. Reformat or frame any portion of the Site;

ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Positive Work 's® technology infrastructure or otherwise make excessive traffic demands of the Site;

x. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;

xi. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");

xii. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;

xiii. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or

xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

9. GUIDELINES AND POLICIES

A. Content Guidelines You represent that you have read and understood our Content Guidelines.

B. Privacy You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Site outside of the United States, you consent to having your personal data transferred to and processed in the United States.

C. Copyright And Trademark Disputes Please see our Infringement Policy for information about copyright and trademark disputes.

10. Positive Work® ADVERTISING If you create a business account on the Site or purchase advertising from Positive Work®, the Positive Work® Advertising Agreement will apply. In the event of any conflict between the Positive Work® Advertising Agreement and these Terms, the Positive Work® Advertising Agreement will prevail.

11. SUGGESTIONS AND IMPROVEMENTS By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Positive Work™ and its users any claims and assertions of any moral rights contained in such Feedback.

12. THIRD PARTIES The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. You should read the terms of use agreements and privacy policies that apply to such third-party services and content. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures. If you access Positive Work® using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of Positive Work®. You agree that your access to Positive Work® using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. Some of the Site's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located. We may allow third parties to use Cookies on the Site to collect the same type of information for the same purposes as Positive Work™ does for itself, as described in our Privacy Policy. In doing so, Positive Work® adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt-out of some of their practices. Please note that opting-out does not prevent the display of advertisements to you.

13. MOBILE NETWORKS When you access Positive Work® through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Positive Work® Services may be prohibited or restricted by your network provider and not all Positive Work® Services may work with your network provider or device.

14. INDEMNITY You agree to indemnify, defend, and hold Positive Work , its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Positive Work reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Positive Work. Positive Work® will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

15. DISCLAIMERS AND LIMITATIONS OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE SMART STAR ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

A. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE SMART STAR ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE SMART STAR™ ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE SMART STAR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

B. THE Positive Work® ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE Positive Work™ ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

C. THE Positive Work® ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE SMART STAR ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.

E. THE Positive Work® ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE Positive Work™ ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.

F. THE Positive Work® ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

16. CHOICE OF LAW AND VENUE Indiana law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Positive Work (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HAMILTON COUNTY, INDIANA .

17. TERMINATION

A. You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, and providing Positive Work® with a notice of termination. Please review our Privacy Policy for information about what we do with your account when terminated.

B. We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

C. In the event of any termination of these Terms, whether by you or us, Sections 1, 5-7, 10 - 16 will continue in full force and effect, including our right to use Your Content as detailed in Section 6.

18. GENERAL TERMS

A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

B. We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.

C. Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

D. The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

E. Any failure on Positive Work 's® part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Positive Work 's® prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

H. The section titles in the Terms are for convenience only and have no legal or contractual effect.