Last revised: Feb 1, 2020
PostureCo, Inc. ("Company" or "PostureCo"), in consideration for the provision of services pursuant to separate agreement, and other valuable consideration, has identified techincal issues which may interfere with the services provided by Postureco or otherwise interfere with the business of Client which Postureco recommends the Client remedy immediately.
The Client understands and agrees that Postureco has no obligation to address or correct the Issues and that it is solely Client's obligation to do so. A failure of Client to take appropriate action to correct the Issues may have an adverse consequence to the Client and other third-parties.
In no event shall Company be liable to the Client or other third- parties for any liability, claims, or damages relating to, caused by, or otherwise associated with the Issues, including, but not limited to monetary losses, lost business, reputational damage, data breaches, viruses and ransomware. Further, Client agrees that it is solely responsible for correcting or otherwise dealing with the Issues as determined by the Client. The Client recognizes that a failure to correct the Issues may result in problems in the performance of the services provided by Postureco under separate agreement or other unrelated problems and assumes the risk of same. In no event shall Company or any affiliate of Company be liable for any indirect, exemplary, special, incidental, punitive or consequential damages to Client (including without limitation, any payment for lost business, future profits, loss of goodwill, reimbursement for expenditures or investments made or commitments entered into, creation of clientele, advertising costs, termination of employees or employee's salaries, overhead or facilities incurred or acquired based upon the business derived or anticipated), whether foreseeable or not, for any cause whatsoever whether or not caused by Company's negligence, or other cause of any nature whatsoever if such liability is in anyway related to, caused by, affected by or influenced by the Issues or a failure to remedy the Issues. The provisions of this Section shall survive expiration or termination of all contracts, agreements or services between the Client and Company.
Each and every term and provision of this Agreement has been mutually agreed to and negotiated by the parties to this Agreement, and shall be construed simply according to its fair meaning and not strictly for or against any party.
If any provision of the Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force.
The Parties agree, to the fullest extent permitted by law, that any action, suit or proceeding arising out of or relating to this Agreement or the breach or threatened breach of this Agreement shall be commenced and prosecuted in the state court located in Pasco County, Florida or the federal court in The United States Middle District of Florida, Tampa Division. Each party consents and submits, to the fullest extent permitted by law, to the exclusive personal jurisdiction of any such court in respect of any such action, suit or proceeding. Client consents to service of process upon it with respect to any such action, suit or proceeding by registered mail, return receipt requested at the address listed in this Agreement or such address designated by written notice to the Company as being a personal or business address of Company, and by any other means permitted by applicable law. Each party waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of venue of any such action, suit or proceeding in any such court and any claim that it may now or hereafter have that any such action, suit or proceeding in any such court has been brought in an inconvenient forum. This Agreement and the rights of the parties hereunder shall be interpreted in accordance with the laws of the State of Florida and all rights and remedies shall be governed by such laws without regard to principles of conflict of laws.
In the event of a dispute arising under this Agreement, whether or not a lawsuit or other proceeding is filed, the prevailing party shall be entitled to recover their reasonable attorneys' fees and costs, including attorneys' fees and costs incurred in litigating entitlement to attorneys' fees and costs, as well as in determining or quantifying the amount of recoverable attorneys' fees and costs. The reasonable costs to which the prevailing party is entitled shall include costs that are taxable under any applicable statute, rule or guideline, as well as non-taxable costs, including, but not limited to, costs of investigation, copying costs, electronic discovery costs, telephone charges, mailing and delivery charges, information technology support charges, consultant and expert witness fees, travel expenses, court reporter fees, and mediator fees, regardless of whether such costs are otherwise taxable.
If you have any questions or concerns about PostureCo, Inc.'s Liability Release please contact info@postureco.com. PostureCo, Inc. may update its Liability Release from time to time. A copy of our most up to date Liability Release will always be posted at the following URL https://www.postureanalysis.com/liability-release.html until further notice.