Posture Program Waiver
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT. Posture Guy Mike WEBSITE & APP TERMS OF USE. Posture Guy Mike WEBSITE & APP PRIVACY POLICY.
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: The provision of services (online) by Posture Guy Mike to customers and customer’s use of Posture Guy Mike app are contingent upon this Agreement.
ASSUMPTION OF RISK: The videos in this program are intended for educational and entertainment purposes only. No information in the program videos is to be taken as medical or health advice. You agree to be 18 years of age or older and to use this program at your own risk. The content of this program is not intended as a substitute for care from a physical therapist or other health care professional. Posture Guy Mike recommends that you seek medical advice and speak with your doctor before participating in this program if you show signs or symptoms of injury, disease, illness, or you have any concerns about your individual needs. You agree that if you engage in any physical exercise or activity while using Posture Guy Mike app as well as using any equipment shown in Posture Guy Mike app for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using Posture Guy Mike app, or using any equipment, whether recommended to you or otherwise, including injuries or damages arising out of the negligence of Posture Guy Mike, whether active or passive, or any of Posture Guy Mike’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, anytime and anywhere you’re using the Posture Guy Mike app. You assume the risk of your participation in any education and/or physical activity demonstrated in the Posture Guy Mike app. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Posture Guy Mike or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Posture Guy Mike (and Posture Guy Mike’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Posture Guy Mike, whether active or passive, or any of Posture Guy Mike’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment which may malfunction or break, (b) improper maintenance of any exercise equipment you use or the app (c) negligent instruction or supervision, including Posture Guy Mike programs, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while performing the program, including injuries resulting from Posture Guy Mike’s or anyone else's negligent inspection or maintenance of the app.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Posture Guy Mike from any loss, liability, damage, or cost Posture Guy Mike may incur due to the provision of programs by Posture Guy Mike to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Posture Guy Mike offers a service encompassing the entire education, recreational physical activity, and/or fitness spectrum. Posture Guy Mike is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Posture Guy Mike. You acknowledge and agree that Posture Guy Mike does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Posture Guy Mike for Posture Guy Mike’s negligence, or for any defective product used while using Posture Guy Mike’s app. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
THE INFORMATION PROVIDED THROUGH THIS APP/SITE OR SENT TO YOU IS INTENDED TO ASSIST YOU IN YOUR EDUCATION, FITNESS, HEALTH & WELLNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT Posture Guy Mike IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL PROVIDING ONLINE HEALTHCARE. THE INFORMATION PROVIDED THROUGH THIS APP/SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT APP/SITE, DISCUSSION BOARD, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS APP/SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY Posture Guy Mike, THE APP, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH Posture Guy Mike AND Posture Guy Mike APP, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, Posture Guy Mike DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS APP/SITE OR SENT TO YOU BY Posture Guy Mike OR THE APP/SITE. FOR EXAMPLE, HEALTH, WELLNESS, & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS APP/SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY PROGRAM. THIS AGREEMENT IS GOVERNED BY THE STATE OF CALIFORNIA.
Posture Guy Mike WEBSITE AND MOBILE APP TERMS OF USE
Last revised March, 2022
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Posture Guy Mike (“we,” “us,” and “our”), including the postureguymike.com and https://login.postureguymike.com/ website and Posture Guy Mike mobile application(s) (the “App”) (our websites and mobile application(s) are referred to herein collectively as the “Site”), as well as the online posture therapy services (“Services”) available to users through the Site. The terms “you” and “your” means you, your dependents if any, and any other person accessing your Posture Guy Mike Account. As used herein, the term Site includes our App.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
Binding Arbitration. These Terms of Use provide that all disputes between you and Posture Guy Mike that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Posture Guy Mike.
1. PRIVACY PRACTICES
You agree that information provided by you in connection with the Services and Site shall be governed by Posture Guy Mike Privacy Policy which is hereby incorporated and made a part of this Agreement.
2. SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE BY Posture Guy Mike
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, electronic communications (as defined in Section 6.) and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Posture Guy Mike. Any healthcare services will be provided by an independent healthcare provider of your choice (each a “Provider”). (If you are a Provider, please review the section below entitled Supplemental Terms Applicable to Providers). Posture Guy Mike provides posture therapy information and instructive videos for general information purposes only. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Posture Guy Mike, or in connection with any communications supported by Posture Guy Mike, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. Your Provider can use our products and services to better provide clinical services to his or her patients. The Providers, and not Posture Guy Mike, are responsible for the quality and appropriateness of the care they render to you.
Your interactions with the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Posture Guy Mike, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any information or advice obtained from the Site or Service, nor any information obtained on the Site. Posture Guy Mike does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information received through the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Posture Guy Mike’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a physician or qualified healthcare provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Not an Insurance Product
Posture Guy Mike is not an insurer. The Services are not insurance products, and the amounts you pay to Posture Guy Mike is not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
3. AVAILABILITY OF SERVICES
You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. ORDERING AND PURCHASING OF SERVICES
Typographical Errors and Incorrect Pricing
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Online Payments
You can purchase the Services on the Site. We accept credit and debit cards issued by (your “payment method”). You authorize and agree that the payment method you submit may be used automatically by Posture Guy Mike or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, Posture Guy Mike may obtain pre approval for an amount up to the amount of the payment. You agree to allow Posture Guy Mike or its payment processor to securely store your payment method. You understand and acknowledge that Services may be canceled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to Posture Guy Mike.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Posture Guy Mike is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Posture Guy Mike may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Posture Guy Mike with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.
5. ELIGIBILITY; SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS
You agree to fully, accurately, and truthfully create your Posture Guy Mike Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Posture Guy Mike ID and credentials. Posture Guy Mike ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Posture Guy Mike ID or credentials, and for all activities that occur under such Posture Guy Mike ID or credentials. You agree to prohibit anyone else from using your Posture Guy Mike ID or credentials other than your eligible dependents and agree to immediately notify Posture Guy Mike of any actual or suspected unauthorized use of your Posture Guy Mike ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Posture Guy Mike at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Posture Guy Mike may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
6. ELECTRONIC COMMUNICATIONS
When you use the Site or Services, or send emails, messages, text marketing, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically (b) if any data rates apply they’re at your expense not Posture Guy Mike. and (cb) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Posture Guy Mike may contact you by telephone, text marketing, mail, or email to verify your Account information. Posture Guy Mike may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
7. OWNERSHIP OF THE SITE AND RELATED MATERIALS; ADDITIONAL RESTRICTIONS
All pages within this Site and any material made available for download are the property of Posture Guy Mike, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. Subject to these Terms of Use and the payment of all applicable fees, Posture Guy Mike grants you a revocable, non transferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. The iOS (Apple) version of our App can be used on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that our App may be accessed and used by other accounts associated with the purchaser via the Apple Family Sharing or volume purchasing. All rights not expressly granted to you in these Terms of Use are reserved and retained by Posture Guy Mike or its licensors, suppliers, publishers, rights holders, or other content providers.
Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Posture Guy Mike. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Posture Guy Mike without express written consent. You may not use any meta tags or any other “hidden text” utilizing Posture Guy Mike’s name or trademarks without the express written consent of Posture Guy Mike. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Posture Guy Mike. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Posture Guy Mike without our express written consent.
8. NO USERS UNDER 18 YEARS OLD
Our Site is not intended for users under 18 years of age. No one under age 18 may provide any information to or through the Site. We do not knowingly collect Personal Data from users under 18. If you are under 18, do not use our Site, or provide any information on our Site. If we learn we have collected or received Personal Data from a user under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a user under 18, please contact us at mike@postureguymike.com.
9. ACCURACY OF INFORMATION; FUNCTIONALITY
Although Posture Guy Mike attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Posture Guy Mike so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Posture Guy Mike shall have no responsibility or liability for information or content posted to the Site from any non-Posture Guy Mike affiliated third party.
Posture Guy Mike each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
10. LINKS TO OTHER SITES
Posture Guy Mike makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Posture Guy Mike site, please understand that it is independent from Posture Guy Mike, and that Posture Guy Mike has no control over the content on that website. In addition, a link to a non-Posture Guy Mike website does not mean that Posture Guy Mike endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. USER INFORMATION
If you submit, upload, post, or transmit any health information*, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, text marketing, mailings, or any other method of communication. You represent and warrant to Posture Guy Mike that you have the legal right and authorization to provide all User Information to Posture Guy Mike for use as set forth herein and required by Posture Guy Mike.
* Without limiting the generality of the foregoing, if you are a Provider (as defined below), you may not include medical history, conditions, problems, symptoms or other personal information that would constitute “protected health information” under HIPAA, or any other health related information regulated under any applicable state or federal laws, in or on any of the following: (a) the name of any programs or templates on the Site or Product; or (b) any custom notes or descriptions sections of a program on the Site or Product. For the avoidance of doubt, Providers are prohibited from using the names of individuals as identifiers or filenames for programs.
Posture Guy Mike may de-identify your information such that it is no longer considered personally identifiable information. Posture Guy Mike may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Posture Guy Mike; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Posture Guy Mike from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 11.
12. SUPPLEMENTAL TERMS APPLICABLE TO PROVIDERS
These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
TO BE A HEALTHCARE PROVIDER USING THE SITE OR PRODUCT (FOR PURPOSES OF THIS SECTION REFERRED TO AS “PROVIDER” OR “YOU”) YOU MUST BE A LICENSED PHYSICIAN, NURSE PRACTITIONER, OR HEALTHCARE PROFESSIONAL IN CONTRACT Posture Guy Mike, AND MUST AGREE TO COMPLY WITH ALL LAWS, MEDICAL BOARD RULES, AND OTHER RULES AND REGULATIONS APPLICABLE TO YOU AS A PROVIDER OR OTHERWISE. YOUR RELATIONSHIP WITH Posture Guy Mike PRODUCT USERS IS DIRECTLY BETWEEN YOU AND THE PATIENT. THE PATIENT WILL NEVER HAVE A PHYSICIAN-PATIENT RELATIONSHIP WITH Posture Guy Mike. Posture Guy Mike DOES NOT PRACTICE MEDICINE AND OFFERS NO MEDICAL SERVICES. AS SET FORTH MORE FULLY BELOW, PROVIDER IS SOLELY RESPONSIBLE FOR ALL AGREEMENTS, CONSENTS, NOTICES, AND OTHER INTERACTIONS WITH PATIENTS AND OTHER CONSUMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROVIDER IS SOLELY RESPONSIBLE FOR ALL BILLINGS AND COLLECTIONS FROM PATIENTS AND OTHER CONSUMERS, AND Posture Guy Mike SHALL HAVE NO LIABILITY WHATSOEVER TO PROVIDER WITH RESPECT TO ANY AMOUNTS OWED BY ANY PATIENT OR OTHER CONSUMER TO PROVIDER.
Posture Guy Mike does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Product, Site, or Services in determining Provider’s compliance obligations under law. Posture Guy Mike PRODUCT, SITE, AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Providers will use the Product, Site, and Services only in accordance with applicable standards of good medical practice. While software products such as the Product, Site, and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Product, Site, and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Posture Guy Mike and waives any and all potential claims against Posture Guy Mike as a result of Provider’s use of the Product, Site, and Services, and the provision of services to Provider’s patients.
In creating, receiving, maintaining, and/or transmitting protected health information (“PHI”) for or on behalf of Provider, Posture Guy Mike is functioning as a HIPAA ``business associate” to Provider. This paragraph is referred to as the Business Associate Agreement (“BAA”) between Posture Guy Mike and Provider. Posture Guy Mike shall not use or disclose PHI received, accessed, maintained, or created for or on behalf of Provider except to perform the Services, or as permitted by this BAA or required by law. Posture Guy Mike shall not use or disclose PHI in any manner that would constitute a violation of HIPAA if so used or disclosed by the Provider. Without limiting the generality of the foregoing, Posture Guy Mike is permitted to (i) use and disclose PHI for the proper management and administration of Posture Guy Mike and to carry out the legal responsibilities of Posture Guy Mike, provided that with respect to any such disclosure either: (a) the disclosure is required by law; or (b) Posture Guy Mike obtains an agreement from the person to whom the PHI is to be disclosed that such person will hold the PHI in confidence and will not use and further disclose such PHI except as required by law and for the purpose(s) for which it was disclosed by Posture Guy Mike to such person, and that such person will notify Posture Guy Mike of any instances of which it is aware in which the confidentiality of the PHI has been breached; (ii) use PHI for data aggregation purposes in connection with the health care operations of Provider; and (iii) use PHI for purposes of de-identification of the PHI. Posture Guy Mike shall comply with Subpart C of 45 C.F.R. Part 164 with respect to PHI, to reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of Provider. Posture Guy Mike shall notify Provider of any use or disclosure by Posture Guy Mike that is not permitted by this BAA, and each Security Incident, including Breaches of Unsecured PHI, as such terms are defined in HIPAA, in accordance with HIPAA. Notwithstanding the foregoing, Posture Guy Mike and Provider acknowledge the ongoing existence and occurrence of attempted but ineffective Security Incidents that are trivial in nature, such as pings and other broadcast service attacks, and Provider acknowledges and agrees that no additional notification to Provider of such ineffective Security Incidents is required, as long as no such incident results in unauthorized access, use or disclosure of PHI. Posture Guy Mike agrees to mitigate, to the extent practicable, any harmful effect that is known to Posture Guy Mike of a use or disclosure of PHI by Posture Guy Mike in violation of the requirements of this BAA. To the extent that Posture Guy Mike carries out one or more of Provider’s obligations under Subpart E of 45 C.F.R. Part 164, Posture Guy Mike must comply with the requirements of Subpart E that apply to Provider as a covered entity in the performance of such obligations. Posture Guy Mike agrees to make its internal practices, books and records relating to the use and disclosure of Provider’s PHI available to the Department of Health and Human Services for purposes of determining Provider’s compliance with HIPAA. To the extent that Posture Guy Mike maintains a designated record set on behalf of Provider, Posture Guy Mike shall (i) make the PHI available to Provider for inspection and copying to enable Provider to fulfill its obligations under 45 C.F.R. § 164.524; and (ii) amend the PHI to enable the Provider to fulfill its obligations under 45 C.F.R. § 164.526. Posture Guy Mike agrees to document such disclosures of PHI and information related to such disclosures as would be required for Provider to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528 and provide such information to Provider upon request. Posture Guy Mike shall require each of its subcontractors that creates, receives, maintains, or transmits PHI on behalf of Posture Guy Mike, to execute a written agreement that includes substantially the same restrictions and conditions that apply to Posture Guy Mike under this BAA with respect to PHI. Upon termination or expiration of this BAA, Posture Guy Mike shall either return or destroy all PHI received from, or created or received by Posture Guy Mike on behalf of Provider, that Posture Guy Mike still maintains in any form and retain no copies of such PHI. If return or destruction is not feasible, Posture Guy Mike shall continue to extend the protections of this BAA to the PHI for as long as Posture Guy Mike retains the PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction of the PHI infeasible.
13. INTELLECTUAL PROPERTY
Posture Guy Mike retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Posture Guy Mike (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Posture Guy Mike. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Posture Guy Mike trademarks, service marks, and logos are strictly prohibited without the prior written permission of Posture Guy Mike. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Posture Guy Mike or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Posture Guy Mike may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
14. CAN-SPAM ACT COMPLIANCE
Posture Guy Mike is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails, text marketing and newsletters received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email, voicemail and(or) text marketing from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately at the address listed below under the section “How to Contact Us.”
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Posture Guy Mike products or services in ways that would violate the CAN-SPAM ACT or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
15. DISCLAIMER OF WARRANTIES
Posture Guy Mike DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Posture Guy Mike DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. Posture Guy Mike DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY Posture Guy Mike ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY Posture Guy Mike OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE SERVICES OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. Posture Guy Mike DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
16. LIMITATION OF LIABILITY REGARDING USE OF SITE
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
Posture Guy Mike AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Posture Guy Mike TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
17. NO THIRD PARTY RIGHTS
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Posture Guy Mike and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Posture Guy Mike and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you, Posture Guy Mike and its affiliates.
18. ASSIGNMENT
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Posture Guy Mike’s prior written consent. Posture Guy Mike may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties.
19. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Posture Guy Mike agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including without limitation, Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Posture Guy Mike are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Posture Guy Mike.
If you desire to assert a claim against Posture Guy Mike, and you therefore elect to seek arbitration, you must first send to Posture Guy Mike, by certified mail, a written notice of your claim (“Notice”). The Notice to Posture Guy Mike should be addressed to: Posture Guy Mike, Inc., Attn: Legal Dept., 15333 Culver Dr #340 2D Irvine, CA 92604. If Posture Guy Mike desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Posture Guy Mike, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Posture Guy Mike and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Posture Guy Mike may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Posture Guy Mike or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at http://www.adr.org. If you are required to pay a filing fee, after Posture Guy Mike receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms of Use, including, but not limited to, this arbitration agreement. Unless Posture Guy Mike and you agree otherwise, any arbitration hearings will take place in Orange County, California. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Posture Guy Mike’s last written settlement offer made before an arbitrator was selected (or if Posture Guy Mike did not make a settlement offer before an arbitrator was selected), then Posture Guy Mike will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND Posture Guy Mike AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Posture Guy Mike agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If the arbitration terms and conditions of this Section 20 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Orange County, California.
20. FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Posture Guy Mike and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Posture Guy Mike or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
22.APPLICATION SUPPORT; FUNCTIONALITY
All questions and requests relating to Site support must be directed to Posture Guy Mike. To submit a support request, please email us at mike@postureguymike.com. The Select Third Parties, as defined in Section 25, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Posture Guy Mike will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
23. MODIFIED DEVICES AND OPERATING SYSTEMS
Posture Guy Mike will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jailbroken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
24. NO LIABILITY FOR SELECT THIRD PARTIES
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store (e.g., Apple, Google, etc.), marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site or maintenance and support of the Site. Posture Guy Mike, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application stores and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE SELECT THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
25. EXPORT COMPLIANCE
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) your not listed on any U.S. Government list of prohibited or restricted parties. You agree to indemnify and hold Posture Guy Mike and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Posture Guy Mike and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Posture Guy Mike or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
26. REVISIONS; GENERAL
Posture Guy Mike reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Posture Guy Mike reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Posture Guy Mike and you pertaining to the subject matter hereof. In its sole discretion, Posture Guy Mike may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.
27. PRODUCTS, CONTENTS, AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. “Posture Guy Mike” is not responsible for any damage associated with products purchased.
28. SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Copyright/Trademark Information. Copyright ©2022 Posture Guy Mike. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
How to Contact Us:
Posture Guy Mike
15333 Culver Drive
#340 2D
Irvine, CA 92604
Email: mike@postureguymike.com
Please sign your full name to accept the waiver terms and conditions*
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT
DECLARATIONS: The provision of services (online) by Posture Guy Mike to customers and customer’s use of Posture Guy Mike app are contingent upon this Agreement.
ASSUMPTION OF RISK: The videos in this program are intended for educational and entertainment purposes only. No information in the program videos is to be taken as medical or health advice. You agree to be 18 years of age or older and to use this program at your own risk. The content of this program is not intended as a substitute for care from a physical therapist or other health care professional. Posture Guy Mike recommends that you seek medical advice and speak with your doctor before participating in this program if you show signs or symptoms of injury, disease, illness, or you have any concerns about your individual needs. You agree that if you engage in any physical exercise or activity while using Posture Guy Mike app as well as using any equipment shown in Posture Guy Mike app for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether while engaging in physical exercise or not. This includes injury or damage sustained while and/or resulting from using Posture Guy Mike app, or using any equipment, whether recommended to you or otherwise, including injuries or damages arising out of the negligence of Posture Guy Mike, whether active or passive, or any of Posture Guy Mike’s affiliates, employees, agents, representatives, successors, and assigns. Your assumption of risk includes, but is not limited to, anytime and anywhere you’re using the Posture Guy Mike app. You assume the risk of your participation in any education and/or physical activity demonstrated in the Posture Guy Mike app. You agree that you are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of Posture Guy Mike or otherwise.
RELEASE: You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Posture Guy Mike (and Posture Guy Mike’s affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the negligence of Posture Guy Mike, whether active or passive, or any of Posture Guy Mike’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment which may malfunction or break, (b) improper maintenance of any exercise equipment you use or the app (c) negligent instruction or supervision, including Posture Guy Mike programs, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while performing the program, including injuries resulting from Posture Guy Mike’s or anyone else's negligent inspection or maintenance of the app.
INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify and hold harmless Posture Guy Mike from any loss, liability, damage, or cost Posture Guy Mike may incur due to the provision of programs by Posture Guy Mike to you.
ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement is intended to be as broad and inclusive and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Posture Guy Mike offers a service encompassing the entire education, recreational physical activity, and/or fitness spectrum. Posture Guy Mike is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Posture Guy Mike. You acknowledge and agree that Posture Guy Mike does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against Posture Guy Mike for Posture Guy Mike’s negligence, or for any defective product used while using Posture Guy Mike’s app. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.
THE INFORMATION PROVIDED THROUGH THIS APP/SITE OR SENT TO YOU IS INTENDED TO ASSIST YOU IN YOUR EDUCATION, FITNESS, HEALTH & WELLNESS EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT Posture Guy Mike IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL PROVIDING ONLINE HEALTHCARE. THE INFORMATION PROVIDED THROUGH THIS APP/SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT APP/SITE, DISCUSSION BOARD, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS APP/SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY Posture Guy Mike, THE APP, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH Posture Guy Mike AND Posture Guy Mike APP, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, Posture Guy Mike DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS APP/SITE OR SENT TO YOU BY Posture Guy Mike OR THE APP/SITE. FOR EXAMPLE, HEALTH, WELLNESS, & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS APP/SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY PROGRAM. THIS AGREEMENT IS GOVERNED BY THE STATE OF CALIFORNIA.
Posture Guy Mike WEBSITE AND MOBILE APP TERMS OF USE
Last revised March, 2022
These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Posture Guy Mike (“we,” “us,” and “our”), including the postureguymike.com and https://login.postureguymike.com/ website and Posture Guy Mike mobile application(s) (the “App”) (our websites and mobile application(s) are referred to herein collectively as the “Site”), as well as the online posture therapy services (“Services”) available to users through the Site. The terms “you” and “your” means you, your dependents if any, and any other person accessing your Posture Guy Mike Account. As used herein, the term Site includes our App.
Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use, and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site.
Binding Arbitration. These Terms of Use provide that all disputes between you and Posture Guy Mike that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Posture Guy Mike.
1. PRIVACY PRACTICES
You agree that information provided by you in connection with the Services and Site shall be governed by Posture Guy Mike Privacy Policy which is hereby incorporated and made a part of this Agreement.
2. SERVICES PROVIDED – NO MEDICAL CARE OR ADVICE BY Posture Guy Mike
The content of the Site and the Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, electronic communications (as defined in Section 6.) and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Posture Guy Mike. Any healthcare services will be provided by an independent healthcare provider of your choice (each a “Provider”). (If you are a Provider, please review the section below entitled Supplemental Terms Applicable to Providers). Posture Guy Mike provides posture therapy information and instructive videos for general information purposes only. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Posture Guy Mike, or in connection with any communications supported by Posture Guy Mike, is intended to be for general information purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. Your Provider can use our products and services to better provide clinical services to his or her patients. The Providers, and not Posture Guy Mike, are responsible for the quality and appropriateness of the care they render to you.
Your interactions with the Site are not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither Posture Guy Mike, nor any of its subsidiaries or affiliates or any third party who may promote the Site or Service or provide a link to the Service, shall be liable for any information or advice obtained from the Site or Service, nor any information obtained on the Site. Posture Guy Mike does not recommend or endorse any specific tests, physicians, medications, products, or procedures. You acknowledge that your reliance on any information received through the Site or Service is solely at your own risk and you assume full responsibility for all risks associated herewith.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Posture Guy Mike’s Site and Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Site. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a physician or qualified healthcare provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
Not an Insurance Product
Posture Guy Mike is not an insurer. The Services are not insurance products, and the amounts you pay to Posture Guy Mike is not insurance premiums. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
3. AVAILABILITY OF SERVICES
You represent that you are not a person barred from enrolling for or receiving the Services under the laws of the United States or other applicable jurisdictions in which you may be located. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer Services, is prohibited.
4. ORDERING AND PURCHASING OF SERVICES
Typographical Errors and Incorrect Pricing
In the event a Service is listed at an incorrect price due to typographical error or error in pricing information received from a third party, we shall have the right to refuse or cancel any orders placed for the Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit or debit card account in the amount of the charge.
Online Payments
You can purchase the Services on the Site. We accept credit and debit cards issued by (your “payment method”). You authorize and agree that the payment method you submit may be used automatically by Posture Guy Mike or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, Posture Guy Mike may obtain pre approval for an amount up to the amount of the payment. You agree to allow Posture Guy Mike or its payment processor to securely store your payment method. You understand and acknowledge that Services may be canceled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to Posture Guy Mike.
You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Posture Guy Mike is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Posture Guy Mike may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Posture Guy Mike with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.
5. ELIGIBILITY; SITE ACCESS, SECURITY AND RESTRICTIONS; PASSWORDS
You agree to fully, accurately, and truthfully create your Posture Guy Mike Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Posture Guy Mike ID and credentials. Posture Guy Mike ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Posture Guy Mike ID or credentials, and for all activities that occur under such Posture Guy Mike ID or credentials. You agree to prohibit anyone else from using your Posture Guy Mike ID or credentials other than your eligible dependents and agree to immediately notify Posture Guy Mike of any actual or suspected unauthorized use of your Posture Guy Mike ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Posture Guy Mike at any time with or without cause.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Posture Guy Mike may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
6. ELECTRONIC COMMUNICATIONS
When you use the Site or Services, or send emails, messages, text marketing, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically (b) if any data rates apply they’re at your expense not Posture Guy Mike. and (cb) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Posture Guy Mike may contact you by telephone, text marketing, mail, or email to verify your Account information. Posture Guy Mike may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
7. OWNERSHIP OF THE SITE AND RELATED MATERIALS; ADDITIONAL RESTRICTIONS
All pages within this Site and any material made available for download are the property of Posture Guy Mike, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. Subject to these Terms of Use and the payment of all applicable fees, Posture Guy Mike grants you a revocable, non transferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. The iOS (Apple) version of our App can be used on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that our App may be accessed and used by other accounts associated with the purchaser via the Apple Family Sharing or volume purchasing. All rights not expressly granted to you in these Terms of Use are reserved and retained by Posture Guy Mike or its licensors, suppliers, publishers, rights holders, or other content providers.
Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Posture Guy Mike. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Posture Guy Mike without express written consent. You may not use any meta tags or any other “hidden text” utilizing Posture Guy Mike’s name or trademarks without the express written consent of Posture Guy Mike. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. The content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Posture Guy Mike. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Posture Guy Mike without our express written consent.
8. NO USERS UNDER 18 YEARS OLD
Our Site is not intended for users under 18 years of age. No one under age 18 may provide any information to or through the Site. We do not knowingly collect Personal Data from users under 18. If you are under 18, do not use our Site, or provide any information on our Site. If we learn we have collected or received Personal Data from a user under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from a user under 18, please contact us at mike@postureguymike.com.
9. ACCURACY OF INFORMATION; FUNCTIONALITY
Although Posture Guy Mike attempts to ensure the integrity and accuracy of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Posture Guy Mike so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Posture Guy Mike shall have no responsibility or liability for information or content posted to the Site from any non-Posture Guy Mike affiliated third party.
Posture Guy Mike each reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carriers. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.
10. LINKS TO OTHER SITES
Posture Guy Mike makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Posture Guy Mike site, please understand that it is independent from Posture Guy Mike, and that Posture Guy Mike has no control over the content on that website. In addition, a link to a non-Posture Guy Mike website does not mean that Posture Guy Mike endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
11. USER INFORMATION
If you submit, upload, post, or transmit any health information*, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, text marketing, mailings, or any other method of communication. You represent and warrant to Posture Guy Mike that you have the legal right and authorization to provide all User Information to Posture Guy Mike for use as set forth herein and required by Posture Guy Mike.
* Without limiting the generality of the foregoing, if you are a Provider (as defined below), you may not include medical history, conditions, problems, symptoms or other personal information that would constitute “protected health information” under HIPAA, or any other health related information regulated under any applicable state or federal laws, in or on any of the following: (a) the name of any programs or templates on the Site or Product; or (b) any custom notes or descriptions sections of a program on the Site or Product. For the avoidance of doubt, Providers are prohibited from using the names of individuals as identifiers or filenames for programs.
Posture Guy Mike may de-identify your information such that it is no longer considered personally identifiable information. Posture Guy Mike may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.
You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (1) a message under a false name, or (2) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Posture Guy Mike; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
You agree to defend, indemnify, and hold harmless Posture Guy Mike from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 11.
12. SUPPLEMENTAL TERMS APPLICABLE TO PROVIDERS
These supplemental terms apply to Providers in addition to the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
TO BE A HEALTHCARE PROVIDER USING THE SITE OR PRODUCT (FOR PURPOSES OF THIS SECTION REFERRED TO AS “PROVIDER” OR “YOU”) YOU MUST BE A LICENSED PHYSICIAN, NURSE PRACTITIONER, OR HEALTHCARE PROFESSIONAL IN CONTRACT Posture Guy Mike, AND MUST AGREE TO COMPLY WITH ALL LAWS, MEDICAL BOARD RULES, AND OTHER RULES AND REGULATIONS APPLICABLE TO YOU AS A PROVIDER OR OTHERWISE. YOUR RELATIONSHIP WITH Posture Guy Mike PRODUCT USERS IS DIRECTLY BETWEEN YOU AND THE PATIENT. THE PATIENT WILL NEVER HAVE A PHYSICIAN-PATIENT RELATIONSHIP WITH Posture Guy Mike. Posture Guy Mike DOES NOT PRACTICE MEDICINE AND OFFERS NO MEDICAL SERVICES. AS SET FORTH MORE FULLY BELOW, PROVIDER IS SOLELY RESPONSIBLE FOR ALL AGREEMENTS, CONSENTS, NOTICES, AND OTHER INTERACTIONS WITH PATIENTS AND OTHER CONSUMERS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROVIDER IS SOLELY RESPONSIBLE FOR ALL BILLINGS AND COLLECTIONS FROM PATIENTS AND OTHER CONSUMERS, AND Posture Guy Mike SHALL HAVE NO LIABILITY WHATSOEVER TO PROVIDER WITH RESPECT TO ANY AMOUNTS OWED BY ANY PATIENT OR OTHER CONSUMER TO PROVIDER.
Posture Guy Mike does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with Provider, goods, or services offered by Provider, including but not limited to any compliance obligations or steps necessary to comply with any state or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Product, Site, or Services in determining Provider’s compliance obligations under law. Posture Guy Mike PRODUCT, SITE, AND THE SERVICES ARE NOT MEANT TO SUBSTITUTE OR MODIFY YOUR PROFESSIONAL JUDGMENT IN ANY WAY.
Providers will use the Product, Site, and Services only in accordance with applicable standards of good medical practice. While software products such as the Product, Site, and Services can facilitate and improve the quality of service that Provider can offer patients, many factors, including but not limited to the provider/patient relationship can affect a patient outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Product, Site, and Services, and the provision of medical services to Provider’s patients. In this regard, Provider releases Posture Guy Mike and waives any and all potential claims against Posture Guy Mike as a result of Provider’s use of the Product, Site, and Services, and the provision of services to Provider’s patients.
In creating, receiving, maintaining, and/or transmitting protected health information (“PHI”) for or on behalf of Provider, Posture Guy Mike is functioning as a HIPAA ``business associate” to Provider. This paragraph is referred to as the Business Associate Agreement (“BAA”) between Posture Guy Mike and Provider. Posture Guy Mike shall not use or disclose PHI received, accessed, maintained, or created for or on behalf of Provider except to perform the Services, or as permitted by this BAA or required by law. Posture Guy Mike shall not use or disclose PHI in any manner that would constitute a violation of HIPAA if so used or disclosed by the Provider. Without limiting the generality of the foregoing, Posture Guy Mike is permitted to (i) use and disclose PHI for the proper management and administration of Posture Guy Mike and to carry out the legal responsibilities of Posture Guy Mike, provided that with respect to any such disclosure either: (a) the disclosure is required by law; or (b) Posture Guy Mike obtains an agreement from the person to whom the PHI is to be disclosed that such person will hold the PHI in confidence and will not use and further disclose such PHI except as required by law and for the purpose(s) for which it was disclosed by Posture Guy Mike to such person, and that such person will notify Posture Guy Mike of any instances of which it is aware in which the confidentiality of the PHI has been breached; (ii) use PHI for data aggregation purposes in connection with the health care operations of Provider; and (iii) use PHI for purposes of de-identification of the PHI. Posture Guy Mike shall comply with Subpart C of 45 C.F.R. Part 164 with respect to PHI, to reasonably and appropriately protect the confidentiality, integrity, and availability of electronic PHI that it creates, receives, maintains or transmits on behalf of Provider. Posture Guy Mike shall notify Provider of any use or disclosure by Posture Guy Mike that is not permitted by this BAA, and each Security Incident, including Breaches of Unsecured PHI, as such terms are defined in HIPAA, in accordance with HIPAA. Notwithstanding the foregoing, Posture Guy Mike and Provider acknowledge the ongoing existence and occurrence of attempted but ineffective Security Incidents that are trivial in nature, such as pings and other broadcast service attacks, and Provider acknowledges and agrees that no additional notification to Provider of such ineffective Security Incidents is required, as long as no such incident results in unauthorized access, use or disclosure of PHI. Posture Guy Mike agrees to mitigate, to the extent practicable, any harmful effect that is known to Posture Guy Mike of a use or disclosure of PHI by Posture Guy Mike in violation of the requirements of this BAA. To the extent that Posture Guy Mike carries out one or more of Provider’s obligations under Subpart E of 45 C.F.R. Part 164, Posture Guy Mike must comply with the requirements of Subpart E that apply to Provider as a covered entity in the performance of such obligations. Posture Guy Mike agrees to make its internal practices, books and records relating to the use and disclosure of Provider’s PHI available to the Department of Health and Human Services for purposes of determining Provider’s compliance with HIPAA. To the extent that Posture Guy Mike maintains a designated record set on behalf of Provider, Posture Guy Mike shall (i) make the PHI available to Provider for inspection and copying to enable Provider to fulfill its obligations under 45 C.F.R. § 164.524; and (ii) amend the PHI to enable the Provider to fulfill its obligations under 45 C.F.R. § 164.526. Posture Guy Mike agrees to document such disclosures of PHI and information related to such disclosures as would be required for Provider to respond to a request by an individual for an accounting of disclosures of PHI in accordance with 45 C.F.R. § 164.528 and provide such information to Provider upon request. Posture Guy Mike shall require each of its subcontractors that creates, receives, maintains, or transmits PHI on behalf of Posture Guy Mike, to execute a written agreement that includes substantially the same restrictions and conditions that apply to Posture Guy Mike under this BAA with respect to PHI. Upon termination or expiration of this BAA, Posture Guy Mike shall either return or destroy all PHI received from, or created or received by Posture Guy Mike on behalf of Provider, that Posture Guy Mike still maintains in any form and retain no copies of such PHI. If return or destruction is not feasible, Posture Guy Mike shall continue to extend the protections of this BAA to the PHI for as long as Posture Guy Mike retains the PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction of the PHI infeasible.
13. INTELLECTUAL PROPERTY
Posture Guy Mike retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Posture Guy Mike (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Posture Guy Mike. You agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Posture Guy Mike trademarks, service marks, and logos are strictly prohibited without the prior written permission of Posture Guy Mike. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Posture Guy Mike or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.
Posture Guy Mike may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.
14. CAN-SPAM ACT COMPLIANCE
Posture Guy Mike is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”). Emails, text marketing and newsletters received from us are intended to fully comply with the CAN-SPAM ACT. In the event you receive an email, voicemail and(or) text marketing from us which you do not believe is fully compliant with the CAN-SPAM ACT, please contact us immediately at the address listed below under the section “How to Contact Us.”
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Posture Guy Mike products or services in ways that would violate the CAN-SPAM ACT or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.
15. DISCLAIMER OF WARRANTIES
Posture Guy Mike DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Posture Guy Mike DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. Posture Guy Mike DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.
WARRANTIES RELATING TO SERVICES OFFERED, SOLD, AND DISTRIBUTED BY Posture Guy Mike ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY Posture Guy Mike OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE SERVICES OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. Posture Guy Mike DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.
16. LIMITATION OF LIABILITY REGARDING USE OF SITE
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION:
Posture Guy Mike AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Posture Guy Mike TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
17. NO THIRD PARTY RIGHTS
Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Posture Guy Mike and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Posture Guy Mike and its affiliates, nor shall any provision give any third parties any right of subrogation or action against you, Posture Guy Mike and its affiliates.
18. ASSIGNMENT
You may not assign, transfer, or delegate the Terms of Use or any part thereof without Posture Guy Mike’s prior written consent. Posture Guy Mike may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assigns of the parties.
19. DISPUTE RESOLUTION; ARBITRATION AGREEMENT
We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
You and Posture Guy Mike agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including without limitation, Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Posture Guy Mike are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Posture Guy Mike.
If you desire to assert a claim against Posture Guy Mike, and you therefore elect to seek arbitration, you must first send to Posture Guy Mike, by certified mail, a written notice of your claim (“Notice”). The Notice to Posture Guy Mike should be addressed to: Posture Guy Mike, Inc., Attn: Legal Dept., 15333 Culver Dr #340 2D Irvine, CA 92604. If Posture Guy Mike desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Posture Guy Mike, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Posture Guy Mike and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Posture Guy Mike may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Posture Guy Mike or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at http://www.adr.org. If you are required to pay a filing fee, after Posture Guy Mike receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms of Use, including, but not limited to, this arbitration agreement. Unless Posture Guy Mike and you agree otherwise, any arbitration hearings will take place in Orange County, California. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Posture Guy Mike’s last written settlement offer made before an arbitrator was selected (or if Posture Guy Mike did not make a settlement offer before an arbitrator was selected), then Posture Guy Mike will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND Posture Guy Mike AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Posture Guy Mike agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
If the arbitration terms and conditions of this Section 20 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Orange County, California.
20. FORCE MAJEURE
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.
21. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Posture Guy Mike and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Posture Guy Mike or customer service agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
22.APPLICATION SUPPORT; FUNCTIONALITY
All questions and requests relating to Site support must be directed to Posture Guy Mike. To submit a support request, please email us at mike@postureguymike.com. The Select Third Parties, as defined in Section 25, are not responsible for providing support for the application portions of the Site and may not be contacted for support. Posture Guy Mike will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.
23. MODIFIED DEVICES AND OPERATING SYSTEMS
Posture Guy Mike will have no liability for errors, unreliable operation, or other issues resulting from use of the Site on or in connection with rooted or jailbroken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Site on Modified Devices will be at your sole and exclusive risk and liability.
24. NO LIABILITY FOR SELECT THIRD PARTIES
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store (e.g., Apple, Google, etc.), marketplace, or similar service through which you obtain the Site, and their respective affiliates, suppliers, and licensors (collectively, the “Select Third Parties”) are not parties to these Terms of Use and they do not own and are not responsible for the Site or maintenance and support of the Site. Posture Guy Mike, and not any Select Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Site or your use or possession thereof, including, but not limited to, claims related to product liability, legal, or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application stores and other applicable Select Third Parties’ terms and conditions. YOU AGREE: (A) THE SELECT THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (B) IN NO EVENT WILL THE SELECT THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; AND (C) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY SELECT THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE DOLLARS ($5.00); AND (D) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE SELECT THIRD PARTIES ARISING OUT OF THE SITE AND THESE TERMS OF USE. THE SELECT THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS OF USE, AND ARE CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS OF USE WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE SELECT THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the Site or your possession and use of the Site infringes a third party’s intellectual property rights, the Select Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
25. EXPORT COMPLIANCE
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) your not listed on any U.S. Government list of prohibited or restricted parties. You agree to indemnify and hold Posture Guy Mike and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Posture Guy Mike and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Posture Guy Mike or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.
26. REVISIONS; GENERAL
Posture Guy Mike reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Posture Guy Mike reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Posture Guy Mike and you pertaining to the subject matter hereof. In its sole discretion, Posture Guy Mike may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.
27. PRODUCTS, CONTENTS, AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. “Posture Guy Mike” is not responsible for any damage associated with products purchased.
28. SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Copyright/Trademark Information. Copyright ©2022 Posture Guy Mike. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
How to Contact Us:
Posture Guy Mike
15333 Culver Drive
#340 2D
Irvine, CA 92604
Email: mike@postureguymike.com
Please sign your full name to accept the waiver terms and conditions*
