Terms & Conditions – Posturepro USA

Terms & Conditions

Account Terms

  1. By shopping our online store, you are agreeing to be bound by our terms and conditions. These terms and conditions create a contract between you and Posturepro (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree” at checkout. 
  2. This Agreement governs your use of Posturepro’s online store (“Store”) through which you can buy Postural Insoles (“Insoles”) and other products (“Products”) following your enrollment to our Posturology International Programs and other Programs (“Programs.”)
  3. You understand and agree that that the Posturology methods is not to be used to diagnose or treat any illness or any medical condition. You understand and agree to always suggest to your clients to consult a medical professional before recommending any of the Posturology protocols or suggestions. You understand and agree that the products sold on our page and the insoles must be sold in conjunction with a postural assessment. 

      Account Activation

        1. Subject to section 2.1.2, the person signing up for the Program will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Account.
        2. If you are signing up for the Program on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
        3. You agree that you may not share your personal login or account information that allows any other person, other than yourself, to view or purchase the content offered on our website. You understand that the sharing of your login information will result in discontinued access to any your online store access and products. 

           

          General Conditions

          1. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service.
          2. The Terms of Service shall be governed by and interpreted in accordance with the laws of the the State of New York excluding its conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York City, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these Terms shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. 
          3. You acknowledge and agree that Posturepro may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Posturepro website, available at https://posturepro.co/terms-and-conditions/   and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Posturepro website constitutes your agreement to, and acceptance of, the amended Terms of Service.
          4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Internation Programs or education without the express written permission by Shopify.
          5. Questions about the Terms of Service should be sent to education@posturepro.co
          6. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer
          7. You acknowledge and agree that your use of our store, including information transmitted to or stored, is governed by its privacy policy at https://www.posturepro.co/privacy
          8. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Posturepro’s Terms of Service available in another language, the most current English version of the Terms of Service at  will prevail.

          Posturepro rights

          1. We reserve the right to refuse any student for any reason, without notice at any time.
          2. We reserve the right to refuse selling to anyone for any reason at any time.
          3. We reserve the right to provide our products to your competitors and make no promise of exclusivity in any particular market segment. 
          4. Posturepro reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Agreement. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Store will be deemed acceptance thereof. You will be subject to the policies and terms and conditions in force at the time that you order Insoles and Products from us. 

          Limitation of Liability

          1. You expressly understand and agree that Posturepro shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
          2. In no event shall Posturepro or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Posturepro partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
          3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
          4. You agree that your use of, the Postural Insoles and the Posturology technique is at your sole risk. The services and all content delivered to you through our training program are without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. You agree to indemnify and hold Posturepro, its successors, affiliates, officers, directors, managers, employees and assigns (collectively, the “Indemnified Parties”) harmless from any and all liabilities, losses, costs or expenses, including attorneys fees, incurred by any of such Indemnified Parties in connection with any action, suit or proceeding brought against any of such Indemnified Parties in connection with any of the transactions contemplated by this Agreement, arising out of the failure by the “customer” to comply with the provisions of this Agreement or any other action or inaction by the “customer” in connection with this Agreement or any of the transactions contemplated thereby. 
          5. This Agreement constitutes the entire agreement between you and Posturepro and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Posturepro. You also may be subject to additional terms and conditions that may apply when you subscribe to our Posturepro International Program or any other Programs. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Posturepro 's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Posturepro will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Posturepro may notify you with respect to the Services and Products by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. You hereby grant Posturepro the right to take steps Posturepro believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. 

          Intellectual Property

          1. The Posturepro name, the Posturepro logo, and other Posturepro trademarks, service marks, graphics, and logos used in connection with the Products and Programs are trademarks or registered trademarks of Posturepro in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks. 

           

          Prices and Shipping

          1. All prices are in Canadian Dollar.
          2. Prices quoted on our website are subject to change without notice.
          3. Prices listed do not include applicable taxes, customs or duty.
          4. Posturepro agrees to fulfill all orders in a diligent matter. Posturepro shall not be responsible for any delay or failure of delivery due to any cause beyond its control, including, without limitation, the inability of the manufacturer to deliver, acts of god, acts of the customers or any of its representatives, statute, ordinance, regulation, order or other governmental affair, fire, accident, adverse weather, strike, slowdown, riot, terrorism, war or delay in transportation. In the event of such a delay, the delivery date will be extended for a period equal to the time lost by reason of delay.
          5. All orders received by noon EST are shipped the same business day, Monday to Friday. All orders received after noon EST will ship the next business day, Monday to Friday.
          All shipping times are approximate and will be shipped from our distribution centers via Canada Post. Please allow the following number of days from the date the order was entered to receive your delivery: 
          • Western US: 5-7 business days
          • Eastern US: 1-5 business days 

           

           

            Last Updated: September 10, 2018

             

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