Terms of service

By shopping our online store, you are agreeing to be bound by our terms and conditions. These terms and conditions create a contract between you and Posturepro (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree” at checkout.

This Agreement governs your use of Posturepro’s online store (“Store”) through which you can buy postural insoles (“Insoles”) and other products (“Products”) following your enrollment to our Posturology International Programs and other Programs (“Programs.”)

You agree that you may not share your personal login or account information that allows any other person, other than yourself, to view or purchase the content offered on our website. You understand that the sharing of your login information will result in discontinued access to any your online store access and products.

POSTUREPRO METHOD You understand and agree that the Posturepro methods is not to be used to diagnose or treat any illness or any medical condition. You understand and agree to always suggest to your clients to consult a medical professional before recommending any of the Posturology protocols or suggestions. You understand and agree that the products sold on our page and the insoles must be sold in conjunction with a postural assessment.

PRICING, SHIPPING AND FORCE MAJEUR Prices quoted on our website are subject to change without notice. Prices listed do not include applicable taxes, customs or duty. Posturepro agrees to fulfill all orders in a diligent matter. Posturepro shall not be responsible for any delay or failure of delivery due to any cause beyond its control, including, without limitation, the inability of the manufacturer to deliver, acts of god, acts of the customers or any of its representatives, statute, ordinance, regulation, order or other governmental affair, fire, accident, adverse weather, strike, slowdown, riot, terrorism, war or delay in transportation. In the event of such a delay, the delivery date will be extended for a period equal to the time lost by reason of delay. All orders received by noon PST are shipped the same business day, Monday to Friday. All orders received after noon PST will ship the next business day, Monday to Friday. All shipping times are approximate and will be shipped from our distribution centers via Canada Post. Please allow the following number of days from the date the order was entered to receive your delivery:
• Western US: 5-7 business days
• Eastern US: 1-5 business days

POSTURAL INSOLES You understand and agree that the Insoles are protected by patent, copyright and trademark laws and agrees not to in any way duplicate, modify or alter the Frequential Resonator of the Postural Insoles or their packaging. In the event of any such violation, it will be difficult for Posturepro to determine the amount of its damages and that, accordingly, Posturepro shall be entitled to recover liquidated damages for each such violation as per stipulated on your contract.

INDEMNITY You agree to indemnify and hold Posturepro, its successors, affiliates, officers, directors, managers, employees and assigns (collectively, the “Indemnified Parties”) harmless from any and all liabilities, losses, costs or expenses, including attorneys fees, incurred by any of such Indemnified Parties in connection with any action, suit or proceeding brought against any of such Indemnified Parties in connection with any of the transactions contemplated by this Agreement, arising out of the failure by the “customer” to comply with the provisions of this Agreement or any other action or inaction by the “customer” in connection with this Agreement or any of the transactions contemplated thereby.

CONTRACT CHANGES Posturepro reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Agreement. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Store will be deemed acceptance thereof. You will be subject to the policies and terms and conditions in force at the time that you order Insoles and Products from us.

MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES

DEFINITION OF POSTUREPRO Depending on your Home Country, “Posturepro” means: Les Entreprises Sweetnifit Inc., located at 4810 Jean Talon Suite 214B, Montréal Québec, H4P 2N5 DEFINITION OF POSTUREPRO METHOD Depending on your Home Country, “Posturepro Method” means: The Posturepro Method is a combination of the knowledge of Posturology, Neuro science and biomechanics, it is a powerful, neurophysiological-based approach to musculoskeletal function that affects all systems of the body. It focuses on stimulating different areas of the body, the feet with postural insoles, the eyes with vision training, the jaw with the functional activator and scars with essential oils. It allows to:

• Improve the center of gravity and upright position
• Stabilize posture in static or dynamic situations
• Change faulty motor patterns
• Improve proprioception and cognitive function

INTELLECTUAL PROPERTY

The Posturepro name, the Posturepro logo, and other Posturepro trademarks, service marks, graphics, and logos used in connection with the Products and Programs are trademarks or registered trademarks of Posturepro in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION

YOU EXPRESSLY AGREE THAT YOUR USE OF, THE POSTURAL INSOLES AND THE POSTUROLOGY TECHNIQUE IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH OUR TRANING PROGRAM ARE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN NO CASE SHALL POSTUREPRO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, POSTUREPRO 'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

POSTUREPRO IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE POSTUROLOGY TECHNIQUE AND POSTURAL INSOLES.

WAIVER AND INDEMNITY

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD POSTUREPRO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY POSTUREPRO AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM POSTUREPRO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF POSTUREPRO 'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

JURISDICTION Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Posturepro shall be governed by the laws of the State of New York, excluding its conflicts of law provisions. You and Posturepro agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York City, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

GOVERNING LAW Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Posturepro, and all Transactions on the Services shall be governed by the laws of the State of New York City, excluding its conflicts of law provisions. You and Posturepro agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York City, to resolve any dispute or claim arising from this Agreement. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

OTHER PROVISIONS This Agreement constitutes the entire agreement between you and Posturepro and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Posturepro. You also may be subject to additional terms and conditions that may apply when you subscribe to our Posturepro International Program or any other Programs. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Posturepro 's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Posturepro will not be responsible for failures to fulfill any obligations due to causes beyond its control. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Posturepro may notify you with respect to the Services and Products by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. You hereby grant Posturepro the right to take steps Posturepro believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.

Last Updated: August 15, 2018