EvolutionChair.com Terms & Conditions
Terms and Conditions of Use
The EvolutionChair.com Website is designed to provide information about active seating, sell our Active Seating products, and connect the community interested in the Active Seating topics we present and discuss on the website. The Website is owned by Posture Perfect Solutions, Ltd (“Posture Perfect” or “Posture Perfect Solutions”)
Acceptance of Terms.
This Terms and Conditions of Use agreement sets forth legally binding terms for your use of the Website. By using our Website, you agree to be bound by this Agreement, whether you are a visitor or a registered member. If you do not accept the terms of this Agreement, you are to discontinue to access and all use to related to the EvolutionChair.com website immediately. This Agreement may be modified from time to time, and such modifications shall be effective upon its posting on the EvolutionChair.com website. When you access EvolutionChair.com you agree to be bound by any modification to this Agreement. Please check for any updates on by clicking on the link for Term & Conditions on the bottom of any page on the EvolutionChair.com website.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, Posture Perfect Solutions and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view and download for caching purposes only, and print pages from the website for your own personal use only, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed with written approval of Posture Perfect Solutions.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Posture Perfect Solutions’’ express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Posture Perfect Solutions’ express written consent.]
Access to certain areas of this website is restricted. Posture Perfect Solutions reserves the right to restrict access to other areas of this website, or indeed this entire website, at Posture Perfect Solutions’ discretion.
If Posture Perfect Solutions provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Posture Perfect Solutions may disable your user ID and password in Posture Perfect Solutions’ sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Posture Perfect Solutions a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Posture Perfect Solutions the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Posture Perfect Solutions or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Posture Perfect Solutions reserves the right to edit or remove any material submitted to this website, or stored on Posture Perfect Solutions’ servers, or hosted or published upon this website.
Notwithstanding Posture Perfect Solutions’ rights under these terms and conditions in relation to user content, Posture Perfect Solutions does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Posture Perfect Solutions makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Posture Perfect Solutions does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Posture Perfect Solutions will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Posture Perfect Solutions has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Posture Perfect Solutions’ liability in respect of any:
death or personal injury caused by Posture Perfect Solutions’ negligence;
fraud or fraudulent misrepresentation on the part of Posture Perfect Solutions; or
matter which it would be illegal or unlawful for Posture Perfect Solutions to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Posture Perfect Solutions has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Posture Perfect Solutions’ officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Posture Perfect Solutions’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Posture Perfect Solutions.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Posture Perfect Solutions and undertake to keep Posture Perfect Solutions indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Posture Perfect Solutions to a third party in settlement of a claim or dispute on the advice of Posture Perfect Solutions’ legal advisers) incurred or suffered by Posture Perfect Solutions arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Posture Perfect Solutions’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Posture Perfect Solutions may take such action as Posture Perfect Solutions deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Posture Perfect Solutions may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Posture Perfect Solutions may transfer, sub-contract or otherwise deal with Posture Perfect Solutions’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with laws of British Columbia, Canada and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Vancouver, British Columbia
Posture Perfect Solutions’ Contact
The full name of Posture Perfect Solutions is POSTURE PERFECT SOLUTIONS, LTD.
Posture Perfect Solutions’ mailing address is 51514 Park Royal, West Vancouver, BC, V7T2X9 Canada
This document was created using a Contractology template available at http://www.contractology.com.
These Terms were last updated on July 1, 2017