Terms & Conditions

Welcome to healyourposture.com. The web pages available at healyourposture.com, as well as all linked pages (hereinafter “Site”), are owned and operated by Mary Bond dba New Posture Workshops (“Heal Your Posture”) and are accessed by you (the “Participant”) under the Terms of Use described below (“Terms of Use”). Please read these Terms of Use carefully before using the Site or its services.

Acceptance of Terms

By accessing healyourposture.com, or by using any part of the Site, you agree to become bound by these terms and conditions (including, without limitation the Heal Your Posture Privacy Policy). Your use of this Web Site shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement.  If you do not agree to all the terms and conditions, then you may not access or use the content or any services offered on the Site. Heal Your Posture’s acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are, at any point, considered or characterized as an offer by Heal Your Posture, acceptance is expressly limited to these terms.

Except to the extent applicable law, if any, provides otherwise, this Agreement and the laws of the state of California USA will govern access to or use of the Site.

Waiver of Liability / Assumption of Risk

Participants in Heal Your Posture services, including but not limited to site pictorials, diagrams, instructional texts, and sessions conducted via Skype, agree with and acknowledge the following:

  • The purpose of Heal Your Posture services is to balance and align the physical body so that it is supported and maintained by gravity in three-dimensional space. This is accomplished through education so that greater economy and freedom of body-movements are achieved.
  • Participants understand and acknowledge that Heal Your Posture services are not a form of treatment for disease of any kind, nor should they be substituted for medical diagnosis or treatment when such attention is needed.
  • Heal Your Posture does not treat, prescribe or diagnose illness, disease, or any other physical or mental disorder of the person. Nothing said or done by Heal Your Posture during a session or posted on the Site should be misconstrued as providing such medical diagnosis or treatment.
  • The Participant understands that the advice posted on the Site and provided during Skype appointments entails the movement, stretching and exercising of the Participant’s body (the “Activity”).
  • The Participant for themselves, their heirs, personal representatives, or assigns, does hereby release, waive, discharge, and covenant not to sue Heal Your Posture, its officers, employees and agents from liability for any and all claims including the negligence of Heal Your Posture, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to participation in the Activity.
  • The Participant understands and agrees that participation in the Activity carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Specific potential injuries will vary depending on the participant and the practice but can range from minor injuries such as muscle pulls and sprains to major and catastrophic injuries such as back injuries, heart attacks and death. The Participant acknowledges that they are aware of the existence of such risks, and understands these and other risks are inherent in the Activity. The Participant hereby asserts that their participation is voluntary and that they knowingly assume all such risks.

Participant also agrees to INDEMNIFY AND HOLD Heal Your Posture HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of Participants involvement in The Activity and to reimburse Heal Your Posture for any such expenses incurred.

Acknowledgment of Understanding: Participant has read this waiver of liability, assumption of risk, and indemnity agreement, fully understands its terms, and understands that they are giving up substantial rights, including their right to sue. Participant acknowledges that their use of the Site and services, including but not limited to Skype appointments, is deemed to constitute consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if the Partipant had signed the Agreement freely and voluntarily, and intended by their signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Intellectual Property

The contents of the Site are protected by U.S. and International copyright and trademark laws. The contents of the Site are owned by or licensed to Heal Your Posture or its affiliates. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Site without the prior written consent of Heal Your Posture, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Heal Your Posture. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

You may copy, or download, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include, without modification, all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Heal Your Posture or healyourposture.com promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use apps, widgets and tools on the Site that allow selected Materials to appear on your mobile device, personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.  No quotes from any material on the Site may be used in any media without attribution to healyourposture.com.

Any other use of Site content requires prior written permission from Heal Your Posture.

International

Heal Your Posture is controlled and operated within the United States of America.  Heal Your Posture makes no representation that content, materials or products available on or through healyourposture.com are appropriate or available for use outside of the United States.  If you are accessing healyourposture.com from a location outside the United States, then you are responsible for compliance with applicable laws, including local laws regarding online conduct and content, and U.S. export laws and regulations.

Spam Policy

You understand and agree that sending unsolicited email advertisements or posting unsolicited advertisements in the comments or through the Site’s computer systems in any way is expressly prohibited by these terms.  Any unauthorized use of healyourposture.com computer systems is a violation of these Terms, as well as certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

Privacy Policy

Heal Your Posture reserves the right to collect general information including but not limited to the IP address, Operating system, Browser software, and Internet Service Provider. Heal Your Posture will not sell or share collected data with any Third Party.

Changes to Terms of Use.

Heal Your Posture reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time without prior notice. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Web Site and/or the services made available on or through the Web Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

Dispute Resolution

The parties to this Agreement agree that any action to enforce or interpret this Agreement shall be settled by arbitration, and that this Provision shall constitute an express waiver of the parties’ right to seek remedies in court, whether at law or in equity, including, but not limited to, the right to a jury trial.  Arbitration shall be conducted in Los Angeles, California by J.A.M.S. Los Angeles or any other mutually agreed upon entity or individual who deals professionally in dispute resolution. The prevailing party shall be entitled to reimbursement of fees, costs, and expenses incurred in connection with the arbitration, including, but not limited to, attorneys’ fees.  All decisions of the arbitrator shall be final, binding and conclusive on all parties.

Indemnity

By your use of this Site, you agree to indemnify and hold harmless Heal Your Posture, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys’ fees and costs) from any claim or demand made by any third party related to or arising from your access to the Site, use of the services available on the site, violation of these Terms of Use, or the infringement by you, or any third party using your account or Site User ID, of any intellectual property or other right of any person or entity.

Limitation of Liability

You agree that in no event shall Heal Your Posture be liable under contract, tort or strict liability, negligence or any other legal theory (i) with respect to the Site, the services available on the Site or any content available on the Site for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, (ii) for interruption of use or loss or corruption of data; or (iii) for any direct damages in excess of (in the aggregate) $100. If your state does not allow for the limitation or exclusion of incidental or consequential damages, the above provision may not apply to you.

All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The service of the site, content and Site are provided on an “As Is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.

Severability of Agreement

If any provision of the Agreement is found by a court of competent jurisdiction or other binding authority to be invalid or unenforceable, the Parties agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire and exclusive understanding and agreement between Heal Your Posture and you regarding the Site and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between Heal Your Posture and you regarding the Site.

The failure of Heal Your Posture to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Heal Your Posture. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

By purchasing Coaching with Mary, you agree to the terms above.

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