September 30, 2023

Terms and Conditions

These terms and conditions (“Terms”) govern your use of the website located at www.lessthanpositive.com (“Website”). Please read these Terms carefully before accessing or using the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

  1. Ownership and Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Less Than Positive or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end-user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made.

All rights not expressly granted in these Terms are reserved to Less Than Positive.

  1. User Conduct

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by Less Than Positive, may harm Less Than Positive or users of the Website or expose them to liability.
  • To impersonate or attempt to impersonate Less Than Positive, a Less Than Positive employee, another user, or any other person or entity.
  • To upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • To upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • To upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • To collect or store personal data about other users without their express consent.Less Than Positive reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending content from the Website, suspending or terminating the account of the offending user, and reporting such user to law enforcement authorities.
    1. Disclaimer of Warranties

    The content, services, products, and information provided on the Website are provided “as is” and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

    Less Than Positive makes no representations or warranties that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, uninterrupted, timely, secure, or free from viruses or other harmful components.

    1. Limitation of Liability

    In no event shall Less Than Positive, its affiliates, or their respective officers, directors, employees, agents, licensors, or suppliers be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the Website or the inability to use the Website, even if Less Than Positive has been advised of the possibility of such damages.

    1. Indemnification

    You agree to indemnify, defend, and hold harmless Less Than Positive, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or relating to your use of the Website, any content you post or transmit through the Website, your violation of these Terms, or your violation of any rights of another.

    1. Modification and Termination of Services

    Less Than Positive reserves the right to modify or discontinue, temporarily or permanently, the Website or any services or features offered on the Website, with or without notice.

    Less Than Positive may also terminate these Terms and your access to and use of the Website, in whole or in part, at any time and for any reason, with or without notice, without liability to you or any third party.

    1. Governing Law and Jurisdiction

    These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

    Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Los Angeles County, California.

    1. Miscellaneous

    These Terms, together with our Privacy Policy, constitute the entire agreement between you and Less Than Positive regarding the use of the Website and supersede all prior agreements or understandings, whether written or oral, regarding such use.

    If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

    Less Than Positive’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Less Than Positive in writing.

    The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.