Terms and Conditions
BY VIEWING AND ACCESSING THIS LeanDream, Inc. (“LeanDream”, “Us”, “Our” or “We”) WEB SITE AT WWW.LEANDREAM.COM (THE “SITE”), AND/OR USING ANY AND ALL OF THE LEANDREAM PRODUCTS AND/OR SERVICES AVAILABLE VIA THE SITE, YOU (“YOU” OR “YOUR”) REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE TERMS OF USE AND YOU AGREE TO ALL THE TERMS OF THIS AGREEMENT (THE “AGREEMENT”), WITHOUT MODIFICATION, INCLUDING ALL DISCLAIMERS, TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS THE CONTENT, FEATURES OR FUNCTIONS OF THIS SITE AND YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY CEASE USE OF THIS SITE.
LeanDream reserves the right to modify this Agreement at any time and material changes shall be effective immediately upon posting to this Site and if You have registered with LeanDream, the changes will be effective immediately following notice to You at the email address You provide LeanDream when You registered with the Site. You acknowledge and agree that it is Your responsibility to access this Site from time to time to check for any modifications to this Agreement.
The terms and conditions governing collection and handling of any information You submit while using this Site are contained in a separate Privacy Policy agreement available at www.leandream.com/privacypolicy.html.
LIMITED LICENSE GRANT; REVOCATION OF LICENSE
Subject to the terms and conditions of this Agreement, LeanDream grants You a non-exclusive, non-transferable personal license to access the features and functions on the Site for Your own personal purposes while visiting the Site, solely for the purposes of obtaining access to LeanDream services available via the Site in accordance with this Agreement. LeanDream reserves the right at any time and for any reason it deems sufficient, in its sole discretion, to terminate this Agreement, revoke the licenses granted hereunder, to deny You future access to the Site, or to impose conditions on Your future access, including but not limited to requiring payment of subscription or license fees as a prerequisite for future access.
This site is copyrighted by LeanDream. Except for the limited licenses granted to You hereunder, no other rights are granted to You in the Site and LeanDream and its third party licensors own all intellectual property and other proprietary rights in and to the Site, its content, features and functions. There are two categories of content on the Site: (a) content You submit or create via the Site (“User Content”), and (b) all other content on the Site (“LeanDream Content”). You may not copy or distribute, nor attempt to copy or distribute, the LeanDream Content or the features or functions of the Site. You acknowledge and agree that no licenses are granted to you in the intellectual property in the Site, including without limitation the LeanDream Content, other than expressly stated above.
You may copy and distribute User Content available via the Site if (i) You submitted such content, or (ii) the user who submitted such content permits You to do so via the Site.
CERTAIN RESTRICTIONS ON YOUR USE OF THE SITE
You will not do any of the following while using the Site:
- Conduct or promote any illegal activities;
- Upload content, distribute or print anything that may be harmful to minors;
- Upload content, distribute or print anything that violates the terms of this Agreement;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site;
- Attempt to gain access to secured portions of the Site to which You do not possess access rights;
- Upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site to generate unsolicited email advertisements or spam;
- Use any automatic or manual process to harvest information from the Site; or
- Impersonate another user.
PRODUCTS; PAYMENTS
When LeanDream offers Products via the Site, any user who wishes to purchase a Product will have to pay certain fees charged by LeanDream. Subject to Your payment of applicable fees, if You elect to purchase certain Products, You may be able to access additional features and functions of the Site under the terms and conditions of these Terms of Use. To make any payments via the Site You will be required to give Us or a third party partner of Ours a valid credit card number (VISA, MasterCard, PayPal or any other issuer then accepted by Us) and associated payment information at the time You are required to make such payments, including all of the following: (i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, and (iv) any activation numbers or codes needed to charge Your card. LeanDream currently does not accept cash, checks or any other payment form, although in the future we may change this policy. You agree that no additional notice or consent is required before LeanDream invoices the credit card or other payment mechanism You select for all amounts due and payable. By providing LeanDream with Your credit card number and associated payment information, You agree that LeanDream is authorized to immediately invoice Your account for all fees and charges due and payable to LeanDream as a result of Your activities on the Site that require payment. You agree to immediately notify LeanDream of any change in Your invoicing address or the credit card or other method used for payment hereunder. LeanDream uses third-party processing companies (including credit card processing companies) for billing and payment purposes. These third parties may store or retain certain of Your Personal Information (as defined in the Privacy Policy) necessary to process such payments. These third parties do not have any right to use the Personal Information LeanDream provides to them beyond what is necessary to assist LeanDream in processing payments.
DISCLAIMERS
The information presented or contained in the Site or provided through the Services (collectively, the "Content") is presented for the purpose of educating You on general fitness and related issues and topics. NOTHING CONTAINED IN THE SITE OR THE CONTENT IS INTENDED TO BE INSTRUCTIONAL FOR MEDICAL DIAGNOSIS OR TREATMENT. THE INFORMATION AVAILABLE VIA THE SITE OR THE SERVICES IS SOLELY FOR INFORMATIONAL PURPOSES AND SHOULD IN NO WAY BE CONSIDERED COMPLETE, ACCURATE, NOR SHOULD IT BE RELIED ON TO SUGGEST A COURSE OF TREATMENT FOR YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES. CONTENT SHOULD NOT BE USED IN PLACE OF A VISIT, CALL, CONSULTATION OR THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. Should you have any health care related questions, please call or see your physician or other qualified health care provider promptly. Always consult with your physician or other qualified health care provider before embarking on a new treatment, diet or fitness program. You should never disregard medical advice or delay in seeking it because of something you have read on the Site. The Content, including each article provided through the Site and Services, is for entertainment purposes only. LEANDREAM recommends that you consult a physician before beginning any exercise program. LEANDREAM is not a licensed medical care provider. You should understand that participating in any exercise program can result in physical injury and agrees to do so at your own risk. The findings and opinions of authors expressed herein are those of the author and do not necessarily state or reflect those of LeanDream.
The information contained in the Site is compiled from a variety of sources ("Information Providers"). Neither LeanDream nor any Information Providers directly or indirectly practice medicine or dispense medical services as part of the Site. The Site is not a substitution for the services of a physician, a health provider, or any trained health professional. Our Site does not allow medical advice, emotional advice, dietary advice, or personal advice of any kind. These concerns should be addressed and discussed with your physician or other health care provider.
Adults should not commence any short or long-termed diet program without seeking competent medical advice. Anyone under the age of eighteen (18) should only participate in a diet program under competent medical supervision.
CONTENT VIEWABLE VIA THE SITE
Certain areas of the Site may allow you to post content that can be accessed and viewed by others, including the general public. You may only post content on these areas that you created or that you have permission to post and to disclose to the general public (or to LeanDream and to the users with whom You share the content you submit via the Site). You may not post content that violates the terms of use of this Site as set forth in this Agreement. By submitting content to the Site, you grant us a perpetual, irrevocable, worldwide right and license to use, copy, display, perform, distribute, adapt and promote this content in any medium, including for purposes of archiving and uploading content You submit in connection with Our provision of the features and functions of the Site to You.
You take sole and complete responsibility for any content You submit via the Site in any form, including without limitation comments, feedback, data, information, presentations, graphics, photos, videos, and other communications. You represent and warrant that You will not upload, submit or otherwise transmit any content that (i) You do not own or to which You do not have the written permission of the owner to upload to the Site, (ii) in any way infringes on the rights of third parties, or (iii) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another. You represent and warrant that You have sufficient rights to any and all content You submit via the Site to (i) grant the licenses granted to LeanDream in these Terms of Use, and (ii) share such content with other users via the Site as contemplated in these Terms of Use. You represent and warrant that You have the permission of those individuals or entities whose information appears in the content You submit via the Site and that You have obtained the necessary permissions to disclose such information to the general public, and to show any trademarks via the Site that may appear in Your content. You are solely responsible for retaining Your own backup copies of any content. You acknowledge and agree that upon termination of these Terms of Use between LeanDream and You (either by You or by LeanDream), that (a) Your access to any content on the Site including content submitted by You will cease immediately; and (b) LeanDream will use commercially reasonable efforts to delete or otherwise destroy the content You submitted via the Site within thirty (30) days following such termination.
Though We expect all users to adhere by Our content policies in this Agreement, You may be exposed to content via the Site that is otherwise offensive through the use of the Site. You use the Site at Your own risk. You agree that LeanDream is not liable for content that is provided by others. We take no responsibility for Your exposure to content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Our belief.
You understand and agree that LeanDream makes no representation about the selection of content submitted by users that is available via the Site, we make no representation that LeanDream discloses all submitted content, or that the content posted via the Site represent an exhaustive representation of what LeanDream receives via the Site. Further, LeanDream makes no representations or warranties about any and all editorial content on the Site. Opinions on the Site are not to be construed as assertions of fact.
LeanDream has no duty to pre-screen content available via the Site, but we reserve the right to refuse to post or to redact content at our discretion. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement including the following information to LeanDream Inc. 5924 Founders Hill Dr #303, Alexandria, VA 223104215 12th Rd S Suite 22 Arlington, VA 22204]or e-mail info@leandream.com
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
YOUR REPRESENTATIONS AND INDEMNIFICATION OBLIGATION
You represent and warrant to LeanDream that: (a) You will maintain the security of your user identification, password and other information relating to your LeanDream use; (b) You will be responsible for all charges resulting from use of your LeanDream account, including unauthorized use prior to your notifying LeanDream in writing of such use and taking steps to prevent its further occurrence by changing your password; (c) You will comply with the terms and conditions set forth herein at all times; and (d) You will comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or the Site; (e) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; and (f) you are the authorized signatory of the credit or charge card provided to LeanDream to pay any and all fees owed by You for Your use of the Site, Services or Content.
Upon Our request, You agree to defend, indemnify, and hold harmless LeanDream, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from your use or misuse of the Site, including without limitation any and all content You submit via the Site. LeanDream reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with LeanDream in asserting any available defenses.
PRIVACY POLICY
In addition to these terms and conditions, LeanDream posts to this Site, from time to time its then-current privacy policies and policies governing acceptable use and of the Site and/or content and services available at www.leandream.com/privacypolicy.html. You agree to abide by all such policies, which LeanDream may modify in its discretion, and by all applicable laws and regulations. Changes to such policies are effective when posted to the Site.
DISCLAIMERS; LIMITATION OF LIABILITY
CONTENT, PRODUCTS, SERVICES, FEATURES AND FUNCTIONS OF THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND LEANDREAM MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE SITE, ITS CONTENTS, FEATURES OR FUNCTIONS, FOR ANY PURPOSE. LEANDREAM does not warrant that THE content, FEATURES AND FUNCTIONS available on the site will meet YOUR requirements, or that ACCESS TO the SITE will be uninterrupted or error free. LEANDREAM DOES NOT WARRANT THAT ITS HARDWARE OR SOFTWARE OR ANY PORTION THEREOF WILL BE FULLY PROTECTED AGAINST MALFUNCTIONS OR SECURITY BREACHES. YOU SHOULD IN NO WAY RELY ON THE ACCURACY OR TIMELINESS OF ANY CONTENT AVAILABLE VIA THE SITE; THE CONTENT AVAILABLE VIA THE SITE IS NOT CONSIDERED MEDICAL ADVICE OR OTHER ADVICE AND IS USED SOLELY AT YOUR OWN RISK. YOU SHOULD NOT MAKE ANY DECISIONS BASED ON OR IN RELIANCE UPON ANY CONTENT ACCESSED VIA THIS SITE, AND LEANDREAM DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR SUCH ACTIVITIES UNDER ANY CIRCUMSTANCES.
EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND LEANDREAM, LEANDREAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND LEANDREAM, IN NO EVENT WILL LEANDREAM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE LEANDREAM SERVICES OR SOFTWARE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF LEANDREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THE ABOVE LIMITATION IS NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, LEANDREAM SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS
This license constitutes the entire agreement between LeanDream and You with respect to Your rights to access and use the Site. This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts of the Commonwealth of Virginia, and You consent to personal jurisdiction and venue therein. You agree that no joint venture, partnership, employment, or agency relationship exists between You and LeanDream as a result of this Agreement or Your use of or access to the Site. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this Agreement shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this Agreement invalid or unenforceable whatsoever. You may not assign, sublicense or otherwise transfer any of Your rights hereunder, nor delegate any of Your duties hereunder. LeanDream may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to You. The headings in this Agreement are inserted merely for the purpose of convenience and shall not affect the meaning or interpretation of this Agreement. No waiver by LeanDream under this Agreement shall be valid or binding unless set forth in writing and duly executed by LeanDream. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of LeanDream in any other respect or at any other time. Any delay or forbearance by LeanDream in exercising any right hereunder shall not be deemed a waiver of that right. The Parties to this Agreement are independent contractors. Except as otherwise expressly provided herein, nothing herein creates any joint venture, partnership, agency, employment, fiduciary or other relationship between the parties, and neither party is authorized to make contracts or commitments in the name of or on behalf of the other without the other party's prior written approval.
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