Terms of Use - Position For Growth LLC - Position For Growth LLC

Welcome to our website, [https://pfg-marketing.com] OR [https://www.pfg-promos.com] (the “Site”). By using this Site, you represent that you are an adult of 18 or more years of age, have the legal capacity to enter a contract, and agree to comply with and be bound by this Agreement. Please review this Agreement carefully. If you do not agree to this Agreement, you are not authorized to use this Site.

Agreement. This Terms of Use Agreement (the “Agreement”) governs your access to and use of the Site. This Agreement may be modified at any time by Position For Growth, LLC, d/b/a PFG Marketing (the “Operator”), by posting the modified Agreement to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. You can view the most recent version of this Agreement at any time at [https://pfg-marketing.com] OR [https://www.pfg-promos.com]. Your use of this Site shall constitute and be deemed your unconditional acceptance of this Agreement.
Privacy. Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into this Agreement. Please review our Privacy Policy at [link]. The Operator reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.
Site Content. The Site is provided on an “as is” basis and may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our products and services, we do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Site or any of its features at any time.
Intellectual Property. All content on this Site including without limitation graphics, logos, trademarks, images, and software is, and shall continue to be, the property of the Operator or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Site Use. The Operator owns all intellectual property rights in this Site and in the materials published on it. Except as expressly provided below, all such rights are reserved. The Operator grants you a limited, revocable, non-exclusive license to access and use this Site solely for your personal use. You may view, download (for caching purposes only), and print content from the Site for personal use, subject to the restrictions set out in this Agreement. You may not: (a) republish, redistribute, reproduce, duplicate, copy, edit, modify, sell, rent, sub-license, or otherwise exploit material from the Site for commercial or public purposes, except where content is expressly designated by the Operator as available for redistribution, in which case redistribution is permitted only within your organization; (b) copy content from the Site, reverse engineer or hack into the Site, or use any materials, products, or services in violation of law; or (c) republish or reproduce any part of the Site through the use of iframes, screen-scrapers, or other similar methods. You may not use the Site in any way that damages or impairs its availability or accessibility, or in any manner that is unlawful, fraudulent, or harmful. You may not use the Site to transmit, store, publish, or distribute material containing or linked to spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious software. Without the Operator’s express written consent, you may not conduct systematic or automated data collection activities on or in relation to the Site, including scraping, data mining, data extraction, data harvesting, framing, or article spinning. You may also not use the Site to transmit or send unsolicited commercial communications, or for any purpose related to marketing, without the Operator’s express written consent. Your use of the Site remains at the sole discretion of the Operator, who may terminate your access and use at any time.
Links to Other Sites. The Site may provide links to other websites. This Agreement or Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
Indemnification. You agree to indemnify, defend, and hold harmless the Operator, together with its partners, officers, members, managers, employees, agents, affiliates, subsidiaries, successors, and assigns, from and against any and all losses, damages, costs, liabilities, claims, and expenses (including reasonable attorneys’ fees and amounts paid in settlement on the advice of legal counsel) incurred or suffered by any of them arising out of or in connection with (a) your violation or alleged violation of this Agreement, (b) your use or misuse of the Site, or (c) any claim by a third party arising from your breach of this Agreement.
Remedies. Without limiting any other rights or remedies available under this Agreement or at law, the Operator may take such action as it deems appropriate in the event of your breach of this Agreement. Such action may include suspending or terminating your access to the Site, prohibiting further use of the Site, blocking devices or IP addresses associated with your account, contacting your internet service provider to request restriction of your access, and/or commencing legal proceedings against you.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THE OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE OPERATOR, OR ITS OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR SUBCONTRACTORS, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL USE OF THE SITE. NOTHING IN THIS AGREEMENT WILL EXCLUDE OR LIMIT ANY LIABILITY OF THE OPERATOR: (A) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) FOR ANY MATTER FOR WHICH IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT LIABILITY. You may have additional rights under certain consumer protection or similar laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. By using this Site, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our copyright agent (the “Copyright Agent”):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site is [Jacquie Maggio], who can be reached using the details set forth in Section 16 below.

Applicable Law. You agree that the laws of the state of New Jersey without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and the Operator or its affiliates. Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement, shall be brought in the United States District Court for the District of New Jersey or in Superior Court of New Jersey in Morris County.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Relationship of the Parties. Each party is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.
Contact Information. If you have questions about this Agreement, you may contact the Operator at: Position for Growth LLC, 440 Cornelia Street, Boonton, New Jersey 07005, United States; jmaggio@pfg-marketing.com; and +1 (973) 462-7008.