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Terms and Conditions

Last modified: November 21, 2019

 

Please read carefully before using the Site! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site. If you do not accept these terms, please do not use this Site.

 

The following terms and conditions form a binding agreement (these “Terms and Conditions”) between you and Julie Tracy who operates Posture, a sole proprietorship in the State of Connecticut (“Posture”). Posture may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.

 

  • Trademark & Copyright. Logos for Posture are trademarks of Posture and its affiliates (the “Marks”). You must obtain written permission from Posture to use the Marks. All materials created by Posture on the Site are protected by United States copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Posture. The contents of this Site are all copyrighted by Posture, unless otherwise noted. You must obtain written permission from Posture to use the contents of the Site in any manner not authorized by these Terms and Conditions.

  • Links to Third Party Websites. This Site may contain links to third-party websites. All such linked sites, materials and pages are not under the control of Posture and Posture is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. Posture accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with Posture on various platforms, and help Posture offer the easiest services for you and conduct transactions.

  • Use License.  If Posture has materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    - modify or copy the materials;
    - use the materials for any commercial purpose or for any public display (commercial or non-commercial);
    - transfer the materials to another person or “mirror” the materials on any other server.

    This license shall automatically terminate if you violate any of these restrictions and may be terminated by Posture at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  • Refunds. There will be no refunds of any kind from Posture for any services or products sold on or through the Site.  All sales of this type are final.

  • Entire Agreement. These Terms and Conditions and any other legal notices, policies and guidelines of Posture linked to these Terms and Conditions or contained on this Site constitute the entire agreement between you and Posture relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. These Terms and Conditions may not be amended or modified except by Posture. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Posture to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.

  • Site Terms of Use Modifications. Posture may revise these Terms and Conditions for its website at any time without notice. By continuing to use the Site after Posture modifies these Terms and Conditions, you are agreeing to be bound by this updated version of these Terms and Conditions.

  • Limitation of Liability. In no event shall Posture or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on the Site, even if Posture has been notified orally or in writing of the possibility of such damage.

  • Governing Law. Any claim relating to Posture’s website shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. Copyright claims shall be brought in the Federal court having jurisdiction. If you are an agent or employee of a non-U.S. company whose operations are based in the United States or its territories, you agree that any dispute arising from this Agreement will be adjudicated in the proper venue within the United States.

  • Indemnity. As a condition of your use of this Site, you indemnify and hold harmless Posture and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.