Terms and Conditions

This Site is owned and operated by Positive Beverage, LLC.

At Positive Beverage, we understand how visitors may be concerned about information provided through the use of our Site and how that information will be handled. The following Terms and Conditions have been provided for the safety of all users in addition to that of Positive Beverage.   Maintaining a positive site for all the enjoy takes continuous monitoring. If at any point you notice inappropriate, threatening, or harmful information please notify us immediately so we may continue providing an outstanding experience for all.

Report inappropriate content to: CustomerService@PositiveBeverage.com or (424)203-3302

Agreement of Terms by Using PositiveBeverage.com and all Associated Pages

Your access to, and use of PositiveBeverage.com is subject to the following Terms of Use and all applicable laws and regulations.  By using the site, you accept, without limitation or qualification, these Terms Of Use, and acknowledge that any other agreements between you and Positive Beverage, LLC. are superseded with respect to this subject matter.  If you do not agree and accept, without limitation or qualification, there Terms and Conditions, please exit the site without further exploration. 

Contests & Sweepstakes

Positive Beverage periodically conducts contests and sweepstakes which may be advertised through our Site allowing users to enter electronically. All information provided through contest entries will remain the property of Positive Beverage and never provided to third parties unless such party is associated with the contest or sweepstake unless you've agreed otherwise. 

Ownership of Content

PositiveBeverage.com and all its contents further referred to as "Content" are owned and copyrighted by Positive Beverage, LLC. further referred to as "Positive Beverage". All Content including but not limited to trademarks, service marks, logo's, and or brand images registered or not remain the sole property of Positive Beverage and the use of any Content, except as provided in these Terms and Conditions is strictly prohibited without the written permission of Positive Beverage. To provide a safe and secure experience, Positive Beverage will actively enforce all intellectual property rights to the fullest extent of the law including but not limited to issuing cease and desist orders and prosecution. 

The Use of PositiveBeverage.com

Positive Beverage grants permission to use the Site as follows:

You may download Content for noncommercial personal use while providing all copyright, trademark, and or proprietary notices contained on the downloaded Content. The removal or alteration of images downloaded from the Positive Beverage site is strictly prohibited without the written permission of Positive Beverage. 

To obtain written permission or the ability to utilize content located on this site, please contact CustomerService@PositiveBeverage.com or call 424-203-3302    

All users are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, scandalous, phonographic, or profane material or any material that could encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. While promoting positivity, Positive Beverage will surrender any and all information including the identity of those posting or transmitting such information or materials to law enforcement authorities or any court order requesting such information. 

Privacy

All personal data (name, address, email, telephone number, and billing information) you provide to Positive Beverage by electronic mail or otherwise will be used by Positive Beverage in accordance with the Sites Privacy Policy and will never be provided to third parties unaffiliated with Positive Beverage. All communication including but not limited to images, videos, questions, comments, and social media posts transmitted to the Site including all associated blogs and or social media sites operated by Positive Beverage will be treated as nonconfidential and nonproprietary.

Disclaimer of Warranties

ALL CONTENT WITHIN THE SITE IS SUBJECT TO CHANGE AND HAS BEEN PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO DESCRIPTIVE INGREDIENT INFORMATION AND OR BENEFICIAL ATTRIBUTES OF ANY KIND. Some jurisdictions may not allow the exclusion of implied warranties. Without limiting the forgoing, Positive Beverage neither warrants nor represents that the use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or current. With reference to, but not limited to any discussions, blog posts, transmissions, and bulletins, Positive Beverage assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, 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, contained, in any such locations on this Site. 

Exclusion of Liability

THE USE OF THIS SITE IS AT YOUR OWN RISK. POSITIVE BEVERAGE, ITS AFFILIATES, OFFICERS AND OR DIRECTORS, NOR ANY OF ITS AGENTS OR OTHER PARTY INVOLVED IN CREATING, PRODUCING, PUBLISHING, OR DELIVERING THE SITE AND ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, OR OTHER DAMAGING ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE AND ITS CONTENT WETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES ALLOWING THOSE PARTICULAR EXCLUSIONS NOT TO APPLY. 

Links to third Party and Social Media Sites

The Positive Beverage site contains links to sites owned and or operated by parties other the Positive Beverage. All likes are provided for your convenience and or reference only. Positive Beverage does not control, monitor, influence, or take responsibility for the content or privacy policies on, or the security of the liked sites.  Without limitation, Positive Beverage specifically disclaims any responsibility if such linked sites infringe any third party's intellectual property; are inaccurate, incomplete or misleading; do not provide adequate security; contain computer harming software or other items of a destructive nature; or are libelous or defamatory. In that regard, Positive Beverage does not endorse the content, or any products or services available on linked sites. Establishing a link to such sites or Site is at your own risk and without the permission of Positive Beverage. 

Revisions to the Terms

Positive Beverage may at any time, and without notice, revise these Terms and Conditions of Use by updating this posting.  All visitors will be bound by any and all term updates and should therefore periodically visit this page to review the current Terms and Conditions. 

Law and Jurisdiction

These Terms and Conditions of Use and your use of the Site are governed by the laws of the State of Delaware, USA, without regards to its choice of law provisions. The courts of general jurisdiction located within Wilmington, Delaware, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning the Terms and Conditions of Use and/or the Site or in which these Terms and Conditions of Use and/or the Site are a material fact. 

Customer Service (424)203-3302   8:00 a.m. - 5:00 p.m. Pacific Time, Monday through Friday, excluding holidays.

Email us at: customerservice@positivebeverage.com  and we'll be happy to answer your questions.

© 2012 Positive Beverage, LLC.