TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ
THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT
ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS
EFFECTIVE AS OF 01/01/2023.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with The Posture Academy,
alsoknown as , located at PO Box 503, Santa Clara, Utah 84765 and our subsidiaries and affiliates, in
association with the use of the website, which includes www.thepostureacademy.com, (the "Site") and its
Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Teach and educate members how to improve their posture through exercise
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of
theherein contained Services provided for the purpose of this TOS. Once an individual register's for our
Services, through the process of creating an account, the user shall then be considered a "member."
The user and/or member acknowledges and agrees that the Services provided and made available through
our website and applications, which may include some mobile applications and that those applications
may be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of The Posture Academy. At its discretion, The Posture
Academy may offer additional website Services and/or products, or update, modify or revise any current
content and Services, and this Agreement shall apply to any and all additional Services and/or products
and any and all updated, modified or revised Services unless otherwise stipulated. The Posture Academy
does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or
products.
You, as the end user and/or member, acknowledge, accept and agree that The Posture Academy shall not
be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our
Services and/or products. Your continued use of the Services provided, after such posting of any
updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or
modifications, and as such, frequent review of this Agreement and any and all applicable terms and
policies should be made by you to ensure you are aware of all terms and policies currently in effect.
Should you not agree to the updated, revised or modified terms, you must stop using the provided
Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered
shall be provided "AS IS" and as such The Posture Academy shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to store user content,
communication or personalization settings.
REGISTRATION
To register and become a "member" of the Site, you must be at least 18 years of age to enter into and
form a legally binding contract. In addition, you must be in good standing and not an individual that has
been previously barred from receiving 's Services under the laws and statutes of the United States or
other applicable jurisdiction.
When you register, may collect information such as your name, e-mail address, birth date, gender, mailing
address, occupation, industry and personal interests. You can edit your account information at any time.
Once you register with and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be
requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain
accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, The
Posture Academy will have sufficient grounds and rights to suspend or terminate the member in violation
of this aspect of the Agreement, and as such refuse any and all current or future use of The Posture
Academy Services, or any portion thereof.
It is The Posture Academy's priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the parents of any child under
the age of 13 that permit their child or children access to the website platform Services must create a
"family" account, which will certify that the individual creating the "family" account is of 18 years of age
and as such, the parent or legal guardian of any child or children registered under the "family" account.
As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to
access the various Services provided, including, but not limited to, message boards, email, and/or instant
messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the
Services and/or content provided are age-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible
for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or
within your account. It is your responsibility for any act or omission of any user(s) that access your
account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your
responsibility to notify The Posture Academy immediately if you notice any unauthorized access or use of
your account or password or any other breach of security. The Posture Academy shall not be held liable
for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information,
text, software, data, photographs, music, video, messages, tags or any other content, whether it is
publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual
from whom the content originated. In short, this means that you are solely responsible for any and all
content posted, uploaded, emailed, transmitted or otherwise made available by way of the Services, and
as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly
understood that by use of our Services, you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of
the use of any content posted, emailed, transmitted or otherwise made available by Furthermore, you
herein agree not to make use of The Posture Academy's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be
deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise
objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum leaders,
guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or
entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no
right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe
upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other
party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized
advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any
such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any The Posture Academy Services, servers and/or networks that may
be connected or related to our website, including, but not limited to, the use of any device software
and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and
Exchange Commission, in addition to any rules of any nation or other securities exchange, that
would include without limitation, the New York Stock Exchange, the American Stock Exchange, or
the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location,
and or source to any organization delegated by the United States government as a "foreign terrorist
organization" in accordance to Section 219 of the Immigration Nationality Act;
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the
prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
The Posture Academy herein reserves the right to pre-screen, refuse and/or delete any content currently
available through our Services. In addition, we reserve the right to remove and/or delete any such
content that would violate the TOS or which would otherwise be considered offensive to other visitors,
users and/or members.
The Posture Academy herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith belief that any such action
is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of The Posture Academy, its visitors, users and
members, including the general public.
The Posture Academy herein reserves the right to include the use of security components that may permit
digital information or material to be protected, and that such use of information and/or material is
subject to usage guidelines and regulations established by The Posture Academy or any other content
providers supplying content services to The Posture Academy. You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any information or materials
supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with
all local rules relating to online conduct and that which is considered acceptable Content. Uploading,
posting and/or transferring of software, technology and other technical data may be subject to the export
and import laws of the United States and possibly other countries. Through the use of our network, you
thus agree to comply with all applicable export and import laws, statutes and regulations, including, but
not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html),
as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of
any other government which may be part of an export-prohibited country identified in applicable
export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our
network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which
would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
The Posture Academy shall not lay claim to ownership of any content submitted by any visitor, member,
or user, nor make such content available for inclusion on our website Services. Therefore, you hereby
grant and allow for The Posture Academy the below listed worldwide, royalty-free and non-exclusive
licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of The
Posture Academy's sites, the license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services is for the sole
purpose of providing and promoting the specific area to which this content was placed and/or made
available for viewing. This license shall be available so long as you are a member of The Posture
Academy's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of The Posture Academy's sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services are for the sole purpose of providing and promoting the specific area in which this content
was placed and/or made available for viewing. This license shall be available so long as you are a
member of The Posture Academy's sites and shall terminate at such time when you elect to
discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of
The Posture Academy's sites, the continuous, binding and completely sub-licensable license which
is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the incorporation of any such
Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of The Posture Academy's sites are those
such areas of our network properties which are meant to be available to the general public, and which
would include message boards and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
The Posture Academy provides an area for our users and members to contribute feedback to our website.
When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such manner as they
may see fit;
d) the contributor's Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any manner or
nature.
INDEMNITY
All users and/or members herein agree to insure and hold The Posture Academy, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise
make available through our Services, the use of Services or your connection with these Services, your
violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to 's sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that The Posture Academy may set up any such practices and/or limits regarding
the use of our Services, without limitation of the maximum number of days that any email, message
posting or any other uploaded content shall be retained by The Posture Academy, nor the maximum
number of email messages that may be sent and/or received by any member, the maximum volume or size
of any email message that may be sent from or may be received by an account on our Service, the
maximum disk space allowable that shall be allocated on The Posture Academy's servers on the member's
behalf, and/or the maximum number of times and/or duration that any member may access our Services
in a given period of time. In addition, you also agree that The Posture Academy has absolutely no
responsibility or liability for the removal or failure to maintain storage of any messages and/or other
communications or content maintained or transmitted by our Services. You also herein acknowledge that
we reserve the right to delete or remove any account that is no longer active for an extended period of
time. Furthermore, The Posture Academy shall reserve the right to modify, alter and/or update these
general practices and limits at our discretion.
MODIFICATIONS
The Posture Academy shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any third party for any such alteration,
modification, suspension and/or discontinuance of our Services, or any part thereof.
TERMINATION
As a member of www.thepostureacademy.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
postureacademy@gmail.com.
As a member, you agree that The Posture Academy may, without any prior written notice, immediately
suspend, terminate, discontinue and/or limit your account, any email associated with your account, and
access to any of our Services. The cause for such termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
www.thepostureacademy.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you
or any other third party with regards to the termination of your account, associated email address and/or
access to any of our Services.
The termination of your account with www.thepostureacademy.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within www.thepostureacademy.com;
b) the deletion of your password and any and all related information, files, and any such content that
may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers
located on or through our Services, which may include the payment and/or delivery of such related goods
and/or Services, and any such other term, condition, warranty and/or representation associated with such
dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that
The Posture Academy shall not be held responsible or liable for any loss or damage of any nature or
manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers
on our website.
LINKS
Either The Posture Academy or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such external
sites or resources, and as such, we do not endorse nor are we responsible or liable for any content,
products, advertising or any other materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that The Posture Academy shall not be responsible or liable,
directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be
caused by or in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that The Posture Academy's Services and any essential software
that may be used in connection with our Services ("Software") shall contain proprietary and confidential
material that is protected by applicable intellectual property rights and other laws. Furthermore, you
herein acknowledge and agree that any Content which may be contained in any advertisements or
information presented by and through our Services or by advertisers is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by The Posture Academy or such applicable licensor, you
agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or
created any plagiaristic works which are based on The Posture Academy Services (e.g. Content or
Software), in whole or part.
The Posture Academy herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not, and
shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse
engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell,
assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and
as such, not to use any modified versions of the Software, including and without limitation, for the
purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided by The
Posture Academy for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF THE POSTURE ACADEMY SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS"
AND/OR "AS AVAILABLE" BASIS. THE POSTURE ACADEMY AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b) THE POSTURE ACADEMY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE POSTURE
ACADEMY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE
POSTURE ACADEMY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE THE POSTURE ACADEMY SERVICES OR SOFTWARE WILL BE
ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY
INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY
YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS;
AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF THE POSTURE ACADEMY SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM THE POSTURE ACADEMY OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY
MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE POSTURE
ACADEMY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release The Posture Academy (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from
claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such
dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities,
please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for
this particular type of information, the phrase "Let the investor beware" is appropriate. The Posture
Academy's content is provided primarily for informational purposes, and no content that shall be
provided or included in our Services is intended for trading or investing purposes. The Posture Academy
and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted and/or made available by way of our Services, and shall not be responsible or
liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that
there shall be no third-party beneficiaries to this agreement.
NOTICE
The Posture Academy may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our
website Services, or other reasonable means currently known or any which may be herein after
developed.
Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in
an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to
have received any and all notices that would have been delivered had you accessed our Services in an
authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the The Posture Academy trademarks,
copyright, trade name, service marks, and other The Posture Academy logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of The
Posture Academy.
You herein agree not to display and/or use in any manner the The Posture Academy logo or marks without
obtaining The Posture Academy's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
The Posture Academy will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, The Posture
Academy may disable and/or terminate the accounts of any user who violates our TOS and/or infringes
the rights of others. If you feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights have been otherwise violated,
you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by
the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
T h e The Posture Academy Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
The Posture Academy
Attn: Copyright Agent
PO Box 503
Santa Clara, Utah 84765
Email: thepostureacademy@gmail.com
CLOSED CAPTIONING
BE IT KNOWN, that The Posture Academy complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more
information, please visit our website at www.thepostureacademy.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and The Posture Academy and shall govern the
use of our Services, superseding any prior version of this TOS between you and us with respect to The
Posture Academy Services. You may also be subject to additional terms and conditions that may apply
when you use or purchase certain other The Posture Academy Services, affiliate Services, third-party
content or thirdparty software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and The Posture Academy with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Utah without regard to its
conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or
relating to the TOS, or the relationship between you and The Posture Academy, shall be filed within the
courts having jurisdiction within the County of Washington, Utah or the U.S. District Court located in said
state. You and The Posture Academy agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by
such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should The Posture Academy fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found
by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions
of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID
and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim
or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s)
after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to The Posture Academy as follows:
Mailing Address:
The Posture Academy
PO Box 503
Santa Clara, Utah 84765
Email: thepostureacademy@gmail.com