DATE OF LAST UPDATE: MARCH 21, 2017
NAMU Inc. develops products that track everyday posture to empower and inspire users to lead healthier and happier lives. These Terms of Service (“Terms”) govern your use of our personal posture monitoring products, our websites, including www.alexposture.com, the software embedded in NAMU Inc. devices, the NAMU Inc. Connect software, the NAMU Inc. mobile applications, memberships and other NAMU Inc. services (collectively, the “NAMU Inc. Service”).
You must accept these Terms to create a NAMU Inc. account and to use the NAMU Inc. Service. If you do not have an account, you accept these Terms by visiting www.alexposture.com or using any part of the NAMU Inc. Service. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT CREATE AN ACCOUNT, VISIT WWW.ALEXPOSTURE.COM OR USE THE NAMU INC. SERVICE.
These Terms May Change
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.alexposture.com. We will notify you by email, through the NAMU Inc. Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the NAMU Inc. Service after a modification is posted, you are telling us that you accept the modified terms.
Who Can Use NAMU Inc.?
You may use the NAMU Inc. Service if you are over 13 years of age and are not barred from receiving services under applicable law. You may connect to the NAMU Inc. Service using a device that is manufactured, distributed, or sold by or on behalf of NAMU Inc.; the NAMU Inc. mobile applications; the NAMU Inc. Connect software; approved third-party applications; or www.alexposture.com (“Authorized Connections”). You may not connect to the NAMU Inc. Service with any device that is not manufactured, distributed, or sold by or on behalf of NAMU Inc. (such as a knock off or counterfeit version of a NAMU Inc. Product); otherwise intends to resemble or purports to be a NAMU Inc. Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the NAMU Inc. Service. If you have questions about whether a product or application qualifies as an Authorized Connection, please contact email@example.com.
Creating an Account
Full use of the NAMU Inc. Service requires that you create an account by providing us with a valid email address and strong password. You are responsible for all activity that occurs in association with your account. NAMU Inc. is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
We may need to contact you about your use of the NAMU Inc. Service. These communications are part of the NAMU Inc. Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the NAMU Inc. Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the NAMU Inc. Service and it is your responsibility to ensure the equipment’s functionality.
NAMU Inc.’s Rights
“NAMU Inc. Content” includes any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the NAMU Inc. Service to you. Except for NAMU Inc. Content, the NAMU Inc. Service and its underlying technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the NAMU Inc. Service.
What You Can Do On The NAMU Inc. Service
The NAMU Inc. Service is intended for your personal, non-commercial use.
NAMU Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the NAMU Inc. Content, (2) access and use the software and mobile applications provided by the NAMU Inc. Service, and (3) use the software that is embedded into NAMU Inc. products as authorized in these Terms. This license is provided solely for your personal use and enjoyment of the NAMU Inc. Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the NAMU Inc. Content, NAMU Inc. Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by NAMU Inc. or its licensors, except for the licenses and rights expressly granted in these Terms.
Things You Cannot Do On The NAMU Inc. Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the NAMU Inc. Service: (1) use, display, mirror or frame the NAMU Inc. Service or any individual element within the NAMU Inc. Service, NAMU Inc.’s name, any NAMU Inc. trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without NAMU Inc.’s express written consent; (2) access or tamper with non-public areas of the NAMU Inc. Service, NAMU Inc.’s computer systems, or the technical delivery systems of NAMU Inc.’s providers; (3) test the vulnerability of any NAMU Inc. system or breach any security or authentication measures; (4) circumvent any technological measure implemented by NAMU Inc. or any of NAMU Inc.’s providers or any other third party (including another user) to protect the NAMU Inc. Service or NAMU Inc. Content; (5) access the NAMU Inc. Service or NAMU Inc. Content through the use of any mechanism other than through the use of an Authorized Connection, NAMU Inc. Service or NAMU Inc. API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that NAMU Inc. provides to you or any other part of the NAMU Inc. Service.
Our Enforcement Rights
We are not obligated to monitor access or use of the NAMU Inc. Service, NAMU Inc. Content, or to review or edit any NAMU Inc. Content, but we have the right to do so for the purpose of operating the NAMU Inc. Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the NAMU Inc. Service, any NAMU Inc. Content at any time and without notice, and at our sole discretion, if we determine that the NAMU Inc. Content, or your use of the NAMU Inc. Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the NAMU Inc. Service.
Use The NAMU Inc. Service At Your Own Risk
Our goal is to provide helpful and accurate information on the NAMU Inc. Service, but we make no endorsement, representation or warranty of any kind about any NAMU Inc. Content, information, services or recommendations. The accuracy of the data collected and presented through the NAMU Inc. Service is not intended to match that of medical devices or scientific measurement devices.
We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the NAMU Inc. Service. Maps, directions, and other GPS or navigation data, including data relating to your current location, may be unavailable, inaccurate or incomplete. If you rely on any NAMU Inc. Content or the NAMU Inc. Service, you do so solely at your own risk.
Consult Your Doctor Before Using The NAMU Inc. Service
The NAMU Inc. Service is not intended to diagnose, treat, cure any disease. If you have a medical condition, consult your doctor before using the NAMU Inc. Service, engaging in an exercise program or others. If you experience a medical emergency, stop using the NAMU Inc. Service and consult with a medical professional. We are not responsible for any health problems that may result from exercise programs, consultations, products, or events you learn about through the NAMU Inc. Service. If you engage in any exercise program you receive or learn about through the NAMU Inc. Service you agree that you do so at your own risk and are voluntarily participating in these activities.
Use Common Sense
Use of the NAMU Inc. Service should not replace your good judgment and common sense. Please read and comply with all safety notices that accompany your NAMU Inc. product or service, including those located on our Wear and Care page.
Additional Policies Apply To Product Orders
NAMU Inc.’s Terms of Sale and Return Policy and Warranty apply to purchases made through the NAMU Inc. store at www.alexposture.com. All orders placed are subject to NAMU Inc.’s acceptance. We may accept, decline, or place limits on your order for any reason.
Feedback And Submissions Policy
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by NAMU Inc., or obtained from sources other than you. Our Feedback and Submissions Policy is also part of the Terms.
Contests And Giveaways
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by NAMU Inc. and its partners. It is your responsibility to carefully review those terms and conditions.
You Agree to Receive Alerts And Notifications
As part of your use of the NAMU Inc. Service, you may receive notifications, text messages, alerts, or emails. You agree to the receipt of these communications. You can control receipt of non-service related communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
We Are Not Responsible For Third-Party Links On The NAMU Inc. Service
The NAMU Inc. Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under NAMU Inc.’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
NAMU Inc. Does Not Control Third-Party Services That You Link With Your NAMU Inc. Account
Changes To The NAMU Inc. Service
NAMU Inc. may change or discontinue, temporarily or permanently, any feature or component of the NAMU Inc. Service at any time without notice. NAMU Inc. is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the NAMU Inc. Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by NAMU Inc. products without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the NAMU Inc. Service or your account, the following provisions of these Terms will survive: NAMU Inc.’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The NAMU Inc. Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE NAMU INC. SERVICE AND NAMU INC. CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the NAMU Inc. Service or NAMU Inc. Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the NAMU Inc. Service or any NAMU Inc. Content. You acknowledge and agree that if you rely on any NAMU Inc. Content or the NAMU Inc. Service, you do so solely at your own risk.
You will indemnify and hold harmless NAMU Inc. and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the NAMU Inc. Service, (ii) our breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Limitation Of Liability
NEITHER NAMU INC., ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NAMU INC. SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NAMU INC. SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NAMU INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL NAMU INC.’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE NAMU INC. SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO NAMU INC. FOR USE OF THE NAMU INC. SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO NAMU INC., AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NAMU INC. AND YOU.
You agree that any dispute between you and NAMU Inc. arising out of or relating to these Terms of Service, the NAMU Inc. Service, or any other NAMU Inc. products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against NAMU Inc., you agree to try to resolve the Dispute informally by contacting support@NAMU Inc..com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or NAMU Inc. may bring a formal proceeding.
No Class Actions: You may only resolve Disputes with NAMU Inc. on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the NAMU Inc. products or NAMU Inc. Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between NAMU Inc. and you regarding the NAMU Inc. Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between NAMU Inc. and you regarding the NAMU Inc. Service and NAMU Inc. Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without NAMU Inc.’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. NAMU Inc. may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by NAMU Inc. under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the NAMU Inc. Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
NAMU Inc.’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of NAMU Inc.. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
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