PositivePosture.com (the “Site”) is owned and operated by Positive Posture LLC (the “Company”). Your use of the Site constitutes your consent and agreement to abide by the most current version of these terms and conditions (the “Terms”) which may, at any time, be revised by updating the Terms.
The Company grants you a single, non-exclusive, limited personal license to access and use the Site conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Site.
With the exception of applications commonly known as Web Browser software, or other applications formally approved by the Company in writing, you agree not to use any software, program, application or any other device to access or log onto the Company’s computer systems, Site, or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from the Company computer systems, Sites, or proprietary software. The Company is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Site in particular. You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without our prior written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use Company trademarks, service marks, logos, designs, slogans or any other words or codes identifying the Site or the Company in any meta tags, “hidden text,” information used by search engines or other information tools to identify and select sites without our express written consent.
Information and Product Descriptions
The Site may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively “Information”) that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing any of the Information made available through the Site.
You agree the Company shall not be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, for any decision made or action taken by you relying upon the Information, or for any interruption of data, Information or other aspect of the Site. You understand that none of the Information available through the Site constitutes a recommendation or solicitation to take or not take any particular action. The Company does not warrant that product descriptions on the Site are accurate, complete, reliable, current, or error-free.
The Site may permit you to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of your content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials and/or content throughout the world in any media. You grant the Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company and its affiliates for all claims resulting from content you supply.
The Company may provide a link to other services or sites as part of the Site which are not under our control. The Company makes no representations or warranties whatsoever of the offerings of, any of these websites, businesses or individuals or the content of their websites. Unless we expressly state otherwise, the fact that we have provided a link to a website is not an endorsement of the service or website, its content or its sponsoring organizations. We do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use the Company logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to the Site in any way that suggests the Company has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website.
Disclaimers of Warranties and Limitations
THE SITE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS OPERATION OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE DOES NOT WARRANT THAT THESE WEBSITES, ITS SERVERS, OR EMAIL SENT FROM THE SITE OR COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Company and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys’ fees, made by any third party arising out of your violation of these Terms.
Copyrights and Trademarks
The materials provided on the Site or by the Company, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of the Company’s, its affiliates’ or its third party information providers’ copyrights and other proprietary rights.
The Company’s trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company or the Site.
The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Site. You further agree that the Company, in its sole discretion and with or without notice, may terminate your access to any or all of the Site, and remove and discard any information or content within the Site. You also agree that the Company will not be liable to you or any third-party for any termination of your access to the Site.
Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by the Company will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these the Terms as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Severability and Applicable Law
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.