Terms & Conditions

Effective Date: January 1, 2025

Welcome to PostureEnergy. These Terms and Conditions ("Terms") govern your access to and use of our website www.postureenergy.com and all related services, content, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using our website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and PostureEnergy.

2. About Our Services

PostureEnergy provides fitness guidance, posture correction information, and confidence-building strategies primarily focused on swimwear season preparation. Our Services include:

• Educational blog articles and workout guides
• Fitness and nutrition information
• Posture improvement techniques
• Confidence-building strategies
• Online consultations and coaching (where applicable)
• Email newsletters and communications

3. Medical Disclaimer

You acknowledge and agree that:

• You should consult with a physician or healthcare professional before beginning any fitness program, diet, or exercise routine
• You assume full responsibility for any risks, injuries, or damages that may result from using our Services
• We are not liable for any health issues, injuries, or adverse effects that may occur
• Individual results may vary, and we make no guarantees regarding specific outcomes
• If you experience pain, discomfort, or any adverse symptoms, you should stop immediately and consult a healthcare professional
• Our fitness and nutrition guidance is general in nature and may not be suitable for your specific circumstances

4. Eligibility and Registration

To use certain features of our Services, you may need to register for an account. You agree to:

• Be at least 18 years of age to use our Services
• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

5. User Conduct

When using our Services, you agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Upload or transmit viruses or malicious code
• Harass, abuse, or harm other users
• Impersonate any person or entity
• Collect user information without consent
• Use our Services for unauthorized commercial purposes
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems
• Post false, misleading, or defamatory content
• Spam or send unsolicited communications

6. Intellectual Property Rights

All content on our website, including text, graphics, logos, images, videos, software, and other materials, is the property of PostureEnergy or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or publicly display our content without permission
• Modify, create derivative works, or reverse engineer our Services
• Use our content for commercial purposes without authorization
• Remove copyright or proprietary notices from our content
• Frame or embed our website without permission

7. User-Generated Content

If you submit content to our Services (such as comments, testimonials, or feedback), you:

• Grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content
• Represent that you own or have necessary rights to the content
• Acknowledge that we may remove any content at our discretion
• Agree that your content does not violate these Terms or any laws

8. Payment and Purchases

If you purchase services or products from us:

• All prices are in the currency specified and subject to change
• You agree to provide accurate payment information
• Payment processing is handled by secure third-party processors
• We reserve the right to refuse or cancel orders
• Refunds and cancellations are governed by our Refund Policy
• You are responsible for any applicable taxes

9. Third-Party Links and Services

Our Services may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for third-party content, products, or services. Your interactions with third parties are solely between you and the third party.

10. Disclaimers and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We do not guarantee that our Services will be uninterrupted, secure, or error-free
• We make no guarantees about the accuracy, reliability, or completeness of content
• We do not warrant that our Services will meet your requirements or expectations

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• PostureEnergy and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• This includes damages for loss of profits, data, goodwill, or other intangible losses
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
• These limitations apply even if we have been advised of the possibility of such damages
• Some jurisdictions do not allow certain limitations, so these may not apply to you

12. Indemnification

You agree to indemnify, defend, and hold harmless PostureEnergy, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your user-generated content

13. Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Requests by law enforcement
• Discontinuation of Services

Upon termination, your right to use our Services will immediately cease. Provisions that by their nature should survive termination shall survive.

14. Modifications to Services and Terms

We reserve the right to:

• Modify, suspend, or discontinue any aspect of our Services at any time
• Update these Terms at any time by posting the revised version
• Change pricing and availability of services

Your continued use of our Services after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of our Services shall be resolved through:

• Good faith negotiations between the parties
• Binding arbitration if negotiations fail
• The courts of Japan for any matters not subject to arbitration

16. Privacy

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

17. Communications

By using our Services, you consent to receive electronic communications from us, including:

• Transactional emails regarding your account or purchases
• Newsletters and promotional materials (you may opt-out)
• Service announcements and updates
• Responses to your inquiries

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

19. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and PostureEnergy regarding your use of our Services and supersede all prior agreements and understandings.

20. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

21. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

22. Contact Information

23. Acknowledgment

By using our Services, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You are legally capable of entering into binding contracts
• Your use of our Services is at your own risk

These Terms & Conditions were last updated on January 1, 2025. Your continued use of our Services after any changes indicates your acceptance of the updated Terms.