Terms of Service (“Terms”)
Last updated: January 2021
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://positivelyfrugal.com website (the “Service”, “website”) operated by JSF Media LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The materials within the website are protected by applicable copyright and trade mark law.
License to use website
Unless otherwise stated, Positively Frugal owns the intellectual property rights published on this website and materials used on PositivelyFrugal.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- use material from this website in digital media or documents (including republication on another website) without permission and a back link to the original source;
- sell, rent or sub-license material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website – except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through the use of iframes or screenscrapers.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of Positively Frugal.
Links To Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Positively Frugal.
Positively Frugal has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The use of a link on PositivelyFrugal.com does not constitute endorsement by Positively Frugal. You further acknowledge and agree that Positively Frugal shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website via comments.
You grant to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Positively Frugal reserves the right to edit or remove any material submitted to this website or published upon this website.
Positively Frugal’s rights under these terms and conditions in relation to user content, does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Positively Frugal will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Positively Frugal in respect of any losses you suffer in connection with the website.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of Ohio, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Positively Frugal accepts compensation and/or in-kind exchange for product opinions and services and some links contained within PositivelyFrugal.com are Affiliate Links in which we earn commission. However, our reviews and opinions are solely our own, based on our experience.
Positively Frugal is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and affiliated sites.
For more information regarding paid online advertising, visit: http://paidforadvertising.com/
Information We Collect
Information you voluntarily submit to PositivelyFrugal.com: We may collect personal information from you, such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter or submitting a contact form.
Automatically Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, type of operating system, type of browser, referring website, pages you viewed and the dates/times when you accessed the Website. We also collect information about actions you take when using the Website, such as links clicked.
Cookies: We may log information using cookies. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
How Your Information May Be Used
We may use the information collected in the following ways:
- To operate and maintain the Website
- To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings
- To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies or security alerts
- To respond to your comments or inquiries
- To track and measure advertising on the Website
- To protect, investigate and deter against unauthorized or illegal activity
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies.
The Website currently uses the following third-party service providers:
Google Analytics – This service tracks Website usage and provides information such as referring websites ad user actions to the Website.
This site uses Akismet to reduce spam. Learn how your comment data is processed.
This list may be amended from time to time at the Website’s sole discretion.
Internet-Based Online Advertising and Google Analytics
We use Google Analytics’ 3rd-party audience data, such as age, gender and interests to better understand the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. This helps us track and manage the effectiveness of our marketing efforts.
You may opt out or edit your Google Display Network Ads preferences at: http://www.google.com/ads/preferences/ or use Google Analytics Opt-Out Browser Add-On. Because the opt-out control pages are specific to the individual browser and because the service is not operated by us, we are unable to perform the opt-out function on your behalf.
Prior to collecting your email address for our own purposes, we clearly identify the purpose of obtaining personal information and only use that information for the sole purpose as stated. We protect the personal information provided to us with reasonable security measures, safeguarding it against access, copy and theft.
Except when required by law, we do not sell, distribute or reveal personal information obtained by Positively Frugal. However, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation or purchase of all or a portion of our assets.
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
Publicly Visible Information
If you leave a comment on the Website, certain information may be publicly visible. Your email address will never be available publicly. At your option, you may also add an avatar, your name and a link to your website. Other users may see your username, avatar and website information.
We or companies acting on our behalf may collect certain computer and browser information through automated technologies such as cookies when you visit our website. A ‘cookie’ is a file that a website sends to a visitor’s computer or other internet-connected device to identify the browser or to store information or settings in the browser.
The information collected using cookies may include your IP address, browser characteristics, operating system, the address of the web page that referred you to our website, dates and times of website visits, the language your system uses, and the country and time zone in which your device is located. These automated technologies also permit the collection of other data which may include a log of content your access while browsing a website.
Companies acting on our behalf may combine the information collected from your visit to our website with other information they have collected previously. Your web browser may tell you how to be notified when you receive certain types of cookies and how to restrict, reject or disable certain cookies.
Users may, at any time, prevent the setting of cookies, by the website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs.
Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for a affiliate partnership, a cookie will be places on your browser to track any sales for purposes of commission.
PositivelyFrugal.com is a participant of several Affiliate Program services, including Amazon Services LLC Associates Program. (See the Disclosure Statement above.)
You may subscribe to Positively Frugal newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open a email ad which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
Rights Related to Your Personal Information
You may opt-out of future email communications by following the unsubscribe links in your emails. You may also notify us at our email to be removed from our mailing list.
You may request what personal information we have about you by submitting a request to us via email.
You may contact us by email to amend or update your personal information.
In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to us via email. The process of removal will be completed within one month.
Please note: We may need to retain certain information for record-keeping purposes or to complete transactions or when required by law.
Sensitive Personal Information
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16, please contact us immediately via email and we will use our best efforts to promptly remove such information from our records.
If you have any questions about these Terms, please contact us.