TERMS OF USE

Welcome to The Daily Positivity! We hope you enjoy our daily text messages of inspiration and hope. 

FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS OF USE ("Terms" or "Terms of Use" or "Agreement") CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US. PLEASE NOTE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. 

If any provision of these Terms is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

1. ABOUT THESE TERMS

These Terms are a legally binding agreement between you and The Daily Positivity, LLC (TDP). References to “you” in these Terms may also include any “Authorized Users” (as defined in Section 2.2). These Terms and our Privacy Policy are collectively referred to as the “Agreement”. Your access or use of our website, including the affiliate website, confirms that you have read, understood and agreed to the Agreement on behalf of yourself and on behalf of any Authorized Users.

2. SETTING UP YOUR TDP ACCOUNT AND SUBSCRIPTION

 2.1. CREATING YOUR TDP ACCOUNT AND PURCHASING A SUBSCRIPTION:

Steps to Create a TDP Account

To receive messages from TDP, you must be a member (a “The Daily Positivity member”), and you must have an active subscription (the “Subscription”) with us. 

Subscription with TDP

You may purchase a Subscription through TDP directly. In order to purchase a Subscription through us, you must provide us with a valid payment method (a “Payment Method”). Either we or our authorized vendor(s) (the “Payment Service”) will process the Payment Method. You should direct any payment questions to TDP Customer Support. By providing a Payment Method to us, you agree that we or our Payment Service are authorized to periodically charge the applicable Subscription fee including any applicable taxes and service fees (the “Subscription Fee”) on a recurring basis until you duly cancel your Subscription.  You may edit your Payment Method by signing into your TDP Account and viewing your Subscription details.  We or our Payment Service will attempt to verify the Payment Method you provide, and may do this by processing an authorization hold, which is a standard practice.  If your Payment Method expires and you do not update your Payment Method or duly cancel your Subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing, and you will remain responsible for any uncollected amounts. If a valid Payment Method is not activated on your TDP Account when a payment becomes due, we may suspend or cancel your Subscription.

2.2. FREE TRIALS:

Free Trials

The Platform may be made available to you on a free trial basis for a limited time (“Trial Subscription”). The duration of each Trial Subscription will be specified at sign-up. Trial Subscriptions are limited to new Platform subscribers, unless otherwise specified. These Terms apply to any Trial Subscription, unless otherwise specified.

At the time of signing up for a Trial Subscription, you must provide a valid Payment Method in order to use the Platform during the Trial Subscription period. Your Payment Method will not be charged during the Trial Subscription period.

UNLESS YOU DULY TIMELY CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE RENEWAL DATE, UPON THE EXPIRATION OF YOUR TRIAL SUBSCRIPTION, THE SUBSCRIPTION FEE FOR THE PLATFORM WILL BE CHARGED TO YOUR PAYMENT METHOD. 

If we offer you a Trial Subscription, the specific terms of the offer will be disclosed during your sign-up or in other materials describing the offer.  In each case, after your Trial Subscription ends, the Payment Service will begin billing your Payment Method for your Subscription at the regular Subscription Fee unless you cancel before the offer period ends.  We will not notify you that your Trial Subscription or promotional pricing offer is about to end unless we are required to do so by applicable law.  

To find additional details about your Trial Subscription, including the date the Trial Subscription ends, please visit the “Subscription” screen in your profile on the Platform for the latest information contained in our records or contact your Subscription Provider directly.

2.4. PAYMENT AND BILLING:

Ongoing Subscription

By creating an account with a Subscription Provider and providing the Subscription Provider with a Payment Method, you agree to pay the Subscription Provider a Subscription Fee. Subject to Section 2.3 (“Free Trials”), the Subscription Provider will charge the first Subscription Fee to your Payment Method on the date the Subscription Provider confirms your Subscription purchase. After that, the Subscription Fee will be charged to your Payment Method by your Subscription Provider on a recurring basis according to your designated billing cycle.

Billing Cycle

The Subscription Fee will be billed at the time you establish your Subscription and on an ongoing basis unless you cancel your Subscription. Please note that the length of your billing cycle will vary based upon the type of Subscription you choose when you subscribe to the Platform. Note that the timing of your billing may change in the event of a problem with your Payment Method, such as an expired credit card or in the event you change your Subscription plan. You can go to the Subscription tab on the "My Account" page to see your next billing date.

Subscription Price Changes

Your Subscription Provider may change the price for a Subscription to the Platform and will communicate any price changes to you in accordance with applicable law.

Updating Payment Method

You can update your Payment Method by going to your profile and choosing “Subscription” within your TDP Account on the Platform. A change in your Payment Method may result in changes to your prior billing cycle. It is your responsibility to update and maintain the Payment Method associated with your Subscription Fee. If you are outside of your Home Country and would like to update your Payment Method, your alternative Payment Method must be a valid form of payment issued in or otherwise authorized from within your Home Country. 

Unpaid Amounts

You are responsible for all charges incurred in connection with your Subscription.  

In the event your Payment Method is unable to cover the Subscription Fee, your Subscription Provider may suspend your access to the Platform until you update your Payment Method and pay your Subscription Fee.

We may retry or permit the Payment Service to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected).  We also may pursue or permit the Payment Service or another third party to pursue any amounts you fail to pay in connection with your Subscription.  Except as specified in Section 5.4 (Dispute Resolution), you will remain liable for all amounts and all costs incurred to collect these amounts, such as bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration costs. 

Your Right to Cancel

YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME. YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT CYCLE’S SUBSCRIPTION FEE. If you cancel your Subscription, the cancellation will become effective at the end of the then-current Subscription period and you will continue to have access to your Subscription until the end of that period. If you cancel your Subscription, we will retain your information in accordance with our Privacy Policy.

No Refunds

UNLESS REQUIRED BY APPLICABLE LAW, WE DO NOT PROVIDE REFUNDS FOR ANY SUBSCRIPTION. NOR DO WE PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELED.  

3. YOUR USE OF THE PLATFORM

3.1 SYSTEM AND COMPATIBILITY REQUIREMENTS:

To use the Platform, you will need to use a mobile device.  You are responsible for any costs associated with your mobile service. Your use of the Platform may count toward your data usage, depending on the terms of your agreement with your internet service provider.  From time to time the Platform may be unavailable for any reason, including, without limitation: (a) equipment malfunctions; (b) our periodic maintenance procedures or repairs; or (c) causes beyond the control of TDP or which we cannot reasonably foresee.

3.2. SUSPENSION AND TERMINATION:

The Daily Positivity may disable, suspend or terminate your Subscription and access to the Platform immediately for any reason or for no reason whatsoever, including if TDP reasonably determines that you have provided inaccurate account or payment details,  you no longer meet the Eligibility Criteria or you are otherwise in violation of these Terms. If this occurs, you must stop using the Platform. If we disable your Subscription and/or access to all or any part of the Platform, you agree not to create another TDP Account or try to access the Platform without our permission.  

3.3. CUSTOMER SERVICE:

For Customer Service inquiries related to the Platform or your Subscription through TDP (including Subscription Fee and Payment Method), please send us a message at the bottom of our website home page at www.thedailypositivity.com.  

If you are unable to resolve your question by visiting our website or if you have reason to believe that your TDP Account credentials have been compromised or misappropriated in some way, please contact TDP Customer Support at 954-866-3467 or send us an email at tdpositivity@gmail.com.  

3.4. FEEDBACK, SUBMISSIONS, PHOTO UPLOAD AND POSTINGS:

Feedback

Portions of the Platform may invite you to provide us with feedback, comments or other information (“Feedback”). We welcome your Feedback, as it helps us to make the Platform an even better product for you and all of our subscribers. By submitting Feedback, you agree that we are free to use the Feedback to improve the Platform or for any other purpose permitted by applicable law. 

Photo Upload and Postings

If the Platform provides you or other users an opportunity to upload photos, ratings, videos or post and exchange information, content, ideas and opinions (collectively, “Postings”), be advised that TDP shall have the right, but not the obligation to you, to screen and monitor Postings and may decide to remove or edit any Postings, which we consider to be offensive or otherwise in breach of these Terms,  prior to their appearance on the Platform or elsewhere. Postings do not reflect the views of TDP and TDP disclaims all responsibility and liability arising from the Postings. 

You represent that (a) you have all necessary rights in all Postings you provide and all material, content and information they contain and that your Postings shall not violate or infringe upon any proprietary right, intellectual property right or other rights of third parties; and (b) you will not upload or post any nudity, obscene materials, hate speech, or other objectionable, offensive, illegal, or otherwise harmful materials to the Platform.

3.5. OUR COMMUNICATIONS TO YOU:

By using the Platform you acknowledge that we can send you emails, text messages, or other electronic service communications about your account. To the extent permitted by applicable law, you also consent to receive electronic promotional messages, offers, surveys, and other materials. You understand that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Agreeing to receive these promotional texts is not a condition of purchasing any goods or services. If at any time you no longer want to receive promotional communications, you can opt out by either:

  • Unsubscribing by clicking on the link at the bottom of the electronic communication; 

  • For text messages, by responding STOP

4. ADDITIONAL LEGAL TERMS

To the greatest extent permitted by applicable law, the following additional legal terms shall apply:

4.1. DISCLAIMER OF WARRANTIES:

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONTENT AVAILABILITY AND VIEWING QUALITY, AND NON-INFRINGEMENT. TDP DOES NOT WARRANT THAT THE  PLATFORM WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, TDP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OR MISUSE OF YOUR TDP ACCOUNT.

4.2. LIMITATION OF LIABILITY AND TIME LIMITATION FOR CLAIMS:

Limitation of Liability

YOU AGREE THAT TDP AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM (COLLECTIVELY, THE “RELEASED MATTERS”). THE RELEASED PARTIES' LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU, SOLELY FOR THE TDP PLATFORM DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF SOME TYPES OF DAMAGES.  THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  YOU AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF THIS AGREEMENT ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF, OR ANY PERSON’S ABILITY TO ACCESS, ANY PORTION OF THE PLATFORM.

Time Limitations for Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM RELATING IN ANY WAY TO THE PLATFORM OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE EVENTS FIRST GIVING RISE TO THE CLAIM. IF NOT COMMENCED WITHIN THIS ONE (1) YEAR PERIOD, YOU AND WM ARE EACH PERMANENTLY BARRED FROM PURSUING THAT CLAIM. 

4.3. INDEMNITY:

You agree to indemnify and hold harmless TDP, their respective parents, subsidiaries, affiliates, partners, agents, and licensors and the officers, directors, employees, and members of all of the foregoing (collectively, the “Indemnified Parties”), from and against all third party claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from your actual or alleged breach of these Terms. 

You will cooperate as fully and as reasonably required in TDP’s defense of any claim. TDP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without TDP’s written consent. 

4.4. DISPUTE RESOLUTION:

Our customer service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact TDP Customer Support as follows: By email at tdpositivity@gmail.com or by phone at 954-866-3467.  

4.5. INVESTIGATIONS:

TDP may investigate suspected violations of this Agreement. As part of such an investigation, TDP may gather information from you and take appropriate steps to address any such violations. 

4.6. HYPERLINKS TO AND FROM THIRD PARTY SITES:

The Platform may link you to other sites on the internet including, without limitation, sites owned or controlled by iDevaffiliate.com. These other sites are not under the control of TDP, and you acknowledge that (whether or not these sites are affiliated in any way with TDP) TDP is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of these sites.  

4.9. GOVERNING LAW AND VENUE:

These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.  A dispute that is not subject to arbitration under Section 5.4 (Dispute Resolution) of these Terms shall be brought in the appropriate state or federal court located in Broward County, Florida; and we and you each irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Broward County, Florida for the adjudication of all non-arbitral claims.

4.10. FORCE MAJEURE:

TDP shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action, or other cause beyond our control.

4.11 WHAT HAPPENS IF WE CHANGE THESE TERMS:

We reserve the right to modify these Terms or change any part of the Platform at any time. We will communicate material changes to these Terms by making the revised Terms available for your review on the Platform. The date that these Terms were last modified can be found at the end of these Terms. The modified Terms will become effective and govern your use of the Platform upon the date and time they are posted to the Platform.

If any change materially limits the availability of the Platform, then in addition to posting the revised Terms on the Platform, we intend to communicate this limitation by sending an email to the address associated with your TDP Account.  So, it is important that you keep your TDP Account information up to date. 

By continuing to use the Platform after any revised Terms come into effect and, in the case of any Subscription, your decision not to cancel your Subscription before it renews or within any relevant notice period, means you agree to be bound to the changes.

4.12. ADDITIONAL TERMS AND CONDITIONS:

You may have to accept additional terms and conditions in order to use certain features offered through the Platform.  If there is a conflict or inconsistency between those additional terms and these Terms, those additional terms will prevail solely with respect to your use of the particular feature to which they apply.

4.13. MISCELLANEOUS:

This Agreement is the entire agreement between you and TDP with respect to this subject matter and supersedes all prior or contemporaneous written or oral agreements between you and us with respect to this subject matter. These Terms may not be amended, nor any obligation waived, without our written authorization.

Last updated: 2022/01/10