Terms of Use

Effective as of September 8th, 2020

Welcome to PostureHealth, a website and desktop application (collectively, the “Site”) operated by PostureHealth, Inc. (the “Company”).

The following Terms of Use (“Terms”) apply when you use the Site.

Please review these Terms carefully. By accessing or using the Site, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site.

ABOUT THE SITE

The Site guides posture, prevents sedentary behavior, and suggests exercises that may prevent and treat back and joint pain.

Services provided via the Site are called the “Service” in these Terms.

The Site allows you to register for the Service. As discussed in our Privacy Policy, when you register for the Service you'll be asked to provide certain information about yourself, such as your name, phone number, and email.

You will also be asked to create a password.

Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.

USE OF THE SITE AND MEDICAL WARNINGS

You need to be at least 18 years old to use the Site.

The Site is not a replacement for medical treatment. You are solely responsible for your use of the Site. If you have or think you may have any serious health or back-related condition, do not use the Services and contact your doctor right away for further medical evaluation.

If any of the conditions listed below apply, or may apply, to you, do not use the Site unless you have been cleared to do so by a physician.

  • Potential spinal injury or fracture.
  • Decreased bone density.
  • Spinal tumor.
  • Spinal infection.
  • Disc herniation, numbness or weakness in the legs, loss of sensation in the genital area, or bowel or bladder incontinence.
  • Spinal surgery (in the past or recommended).
  • Advanced heart disease (or symptoms including shortness of breath, heart palpitations, leg edema, or cough).
  • Conditions affecting your control over your lower body, including neurological conditions.
  • Soft tissue, bony, or musculoskeletal injury or disorder
  • Musculoskeletal problems affecting major joints in the lower body.
  • Pregnancy (or potential pregnancy).
  • Gait imbalance or history/risk of falls (including dizziness and low blood pressure induced by exercise).
  • Coagulopathy or history of bleeding events or disorders.

If you have been referred to a specialist, if you are currently seeing a specialist, or if you have seen a specialist in the past in connection with your condition, you should not use the Services.

NO MEDICAL ADVICE
The Site lets you enter information about your experiences with back pain and receive exercise suggestions based on this information. The Service can track your exercise schedule and progress and suggest changes to your exercises as you progress.

THE COMPANY AND SITE DO NOT PROVIDE MEDICAL ADVICE.
THE CONTENT ON THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER ABOUT YOUR MEDICAL CONDITION AND ANY EXERCISE PLAN.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

Via the Site, you may be able to contact third-party physical therapists (PTs) using the Twilio platform. Any medical advice you receive by these PTs is provided by the PTs and not by the Company.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following restrictions and conditions.

You agree that you will not:

  • use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers;
  • attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;
  • use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;
  • use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
  • collect or store any personally identifiable information from the Site or from other users of the Site without their express permission;
  • impersonate or misrepresent your affiliation with any person or entity;
  • sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;
  • use the Site for any unlawful purpose or for the promotion of illegal activities;
  • use the Site to attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • interfere or attempt to interfere with the proper functioning of the Site;
  • make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site or the software used to provide the Service;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
  • publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; or
  • encourage or enable any other individual to do any of the foregoing.


MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

INTELLECTUAL PROPERTY
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.

FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at daniel.james@theposturehealth.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site in violation of these Terms; or (b) your violation of any law or rights of any third party.

ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site, including via links to third-party sites, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to compliance@theposturehealth.com

WARRANTY DISCLAIMER
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE SITE; (B) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, OR ANY PTs OR OTHER MEDICAL PROFESSIONALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

PRIVACY POLICY
The Company respects the privacy of its users. Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you show that you agree to this Privacy Policy.

GENERAL TERMS
We may terminate this agreement, and/or your access to the Site and/or Services, at any time and for any reason, with or without advance notice.

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.

You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in San Francisco, CA.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice. You may contact us at daniel.james@theposturehealth.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

YOUR AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.