Terms of Use
Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using Posture Practice’s Web site at www.PosturePractice.com (the “Public Site”) or by otherwise accessing any content found on the Site, you are deemed to have entered into an agreement with Posture Practice and to have agreed to be bound by the terms set out below.
The Site is owned and operated by Posture Practice, a BodyZone Company.
Use of Posture Practice Content or Directory
THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE. POSTURE PRACTICE CONTENT IS GENERAL IN NATURE AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. POSTURE PRACTICE CONTENT IS IN NO WAY INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT A TRAINED MEDICAL PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD MEDICAL ADVICE AS A RESULT OF SOMETHING THAT YOU MAY HAVE READ ON THE SITES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
The decision to rely on information provided by the Service or on a third party website accessed from a link on any of the Sites is solely at your own risk. While it is our goal to provide accurate and up-to-date information, we do not guarantee that any Posture Practice Content is accurate, compete or up-to-date, and we do not assume liability for the accuracy, completeness, currency or timeliness of any Posture Practice Content. Often opinions expressed in Posture Practice Content are the opinions of the authors of such Posture Practice Content (each, an “Author“). In some cases, the Authors may comment on products, devices, treatments or procedures, including some that are not yet and/or may never be approved by the US Food and Drug Administration (or any other applicable regulatory authority). We do not in any way endorse, promote or encourage the use of any products, devices, treatments or procedures or any other opinion or conclusion of any Author.
A listing in the Posture Practice.com Find a Specialist Directory is in no way an endorsement or recommendation by Posture Practice or its parent company BodyZone, Inc. If any of the information in our Posture Practice Directory is inaccurate, please let us know. You can contact us here.
Posture Practice assumes no responsibility for the communications with any healthcare, fitness or wellness professional you contact through the Directory. Posture Practice shall in no event be liable to you or to anyone for any decision made or action taken by you in the reliance on information provided in the Directory.
The Directory is not intended as a tool for verifying the credentials, qualifications or abilities of any healthcare, fitness or wellness professional’s listing. Inclusion in the Posture Practice Directory does not imply recommendation or endorsement nor does omission from the Directory imply Posture Practice’s disapproval. Posture Practice does not warrant or represent that the Directory or any part thereof is fully accurate or complete. Posture Practice disclaims all warranties, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for particular purpose.
Posture Practice does not endorse any individuals, products or companies listed in the Directory or on Posture Practice.com or other BZ Sites. Posture Practice makes no representations, warranties or guarantees as to, and assumes no responsibility for, (i) the accuracy, reliability or completeness of the information or (ii) the products or services provided by the individuals or companies listed here. This Service is a compilation of the names and other information provided for informational purposes only and as a service to consumers. Posture Practice expressly disclaims all liability for damages of any kind arising out of the use or performance of the products or services provided by these members.
As with any Sites it is the users responsibility to do due diligence to verify the credentials of any healthcare, fitness or wellness professional by contacting their state board and/or appropriate licensing bodies.
Intellectual Property Protection
The contents and design of the Sites and any material electronically provided to you or otherwise supplied to you in conjunction with the Sites (such contents, design and materials being collectively referred to as the “Posture Practice Content”), are copyright of Posture Practice and the other contributors to the Sites. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Posture Practice” name and logo or other trade names appearing on the Sites) for any reason without written permission from Posture Practice or the identified owner. The software which operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Posture Practice Content
You may retrieve and display the Posture Practice Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Posture Practice Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Posture Practice:
- reproduce or store in or transmit to any other Web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Posture Practice Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Posture Practice Content (including use as part of any library, archive or similar service) without the prior written consent of Posture Practice, or
- remove the copyright or trade mark notice from any copies of the Posture Practice Content made under these Terms of Use.
- Any use of the Posture Practice Content not specifically permitted above is expressly prohibited.
Requests for permission for other uses may be sent to Posture Practice, 3000 Old Alabama Rd, Suite 119-352, Alpharetta GA 30022, Attention: General Counsel.
Third Party Transactions
You may use the Site to purchase products or services from Posture Practice’s third party partners. In that event, your contract for such products will be with the third party partner and not with Posture Practice.
Term and Termination
Posture Practice may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the Posture Practice Content) with cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of Posture Practice provided in these Terms of Use or by law.
Changes to the Sites
Posture Practice reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Posture Practice Content available on the Site at any time.
Registration, Passwords and Responsibilities
The Site is only open to you if you register and are a member of the Posture Practice community (includes Posture Practice members, chairs, speakers, Posture Practice Associates or staff). You are solely responsible for the confidentiality and use of and access to the Posture Practice Content and the Member Site using your user name and sign-on password. You agree to immediately notify Posture Practice if you become aware of any loss or theft of any sign-on password or any unauthorized use of a sign-on password, user name, or of the Posture Practice Content or the Sites. You will provide Posture Practice with accurate, complete registration information (including in particular your e-mail address) and inform Posture Practice of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms of Use, Posture Practice reserves the right to monitor and record activity on the Site, including access to the Posture Practice Content.
Each registration is for a single user only. You may not share your user name and password with any other person. Posture Practice does not permit access through a single name and password being made available to multiple users on a network. Posture Practice may cancel or suspend your access to the Sites if you do this without further obligation to you.
Privacy Policy
The information that you provide about yourself to Posture Practice will only be used in accordance with Posture Practice’s Privacy Policy Statement.
Community Forums
The Site includes bulletin boards, discussion groups and other areas that allow and interaction between members of the Posture Practice community (“forums”). While Posture Practice does not control the information/materials posted to forums by users (the “messages”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums in the event the messages violate the rules set out below.
You are solely responsible for the content of your messages. You must comply with any rules posted by Posture Practice on a forum or feedback venue. You may not:
- post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
- post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- post or otherwise publish any messages that contain a virus or other harmful component;
- disguise the origin of any messages;
- impersonate any person or entity (including Posture Practice staff or other members of the Posture Practice community) or misrepresent any affiliation with any person or entity;
- post or otherwise publish any messages unrelated to the forum, the forum’s topics, or feedback subject;
- knowingly post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
- collect or store other users’ personal data;
- restrict or inhibit any other user from using the Forums.
By submitting messages to any forum or feedback, you agree to indemnify and hold harmless Posture Practice from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of these Terms of Use.
Forums and feedback contain messages submitted by users over whom Posture Practice has no control. Posture Practice cannot guarantee the accuracy, integrity or quality of any messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the forum and feedback, and should not rely on messages in making (or refraining from making) any specific investment or other decisions.
It is not possible for Posture Practice to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify Posture Practice immediate.
No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Sites, Posture Practice makes no warranty, express or implied concerning the Posture Practice Content, the Sites, software or products or services available through the Sites (the “Site Services”), which are provided “as is”. Posture Practice expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Posture Practice, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Posture Practice has been advised of the possibility that such damages may arise. Posture Practice does not guarantee the accuracy, content, or timeliness of the Posture Practice Content or Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.
In no event will any liability of Posture Practice, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms of Use by Posture Practice exceed the amount, if any, paid by you to Posture Practice in respect of the particular Site Service to which the claim relates or by way of membership dues.
Upon Posture Practice’s request, you agree to defend, indemnify and hold harmless Posture Practice from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of any Site Services.
Force Majeure
Posture Practice, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Posture Practice Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms
Posture Practice may, in its discretion, change these Terms of Use (including those relating to your use of Sites and/or the Posture Practice Content). When the Terms of Use are changed, Posture Practice will notify you by e-mail or by publishing details of those changes by including them in these Terms of Use. If you use the Sites after Posture Practice has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Sites any further after they are published. Access to certain the Posture Practice Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web sites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. Posture Practice is not responsible for any third party content. The Sites may contain links to other Web sites. Posture Practice is not responsible for the availability of these Web sites or their contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Posture Practice.
Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices
Notices to Posture Practice must be given in writing by letter and sent to Posture Practice’s last known place of business in Alpharetta, GA (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Alpharetta, GA, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.
Headings
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the law of the State of Georgia. The parties irrevocably agree that the courts of Alpharetta, GA shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Alpharetta, GA courts.
For the exclusive benefit of Posture Practice, Posture Practice shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.
