Terms of service | Lean Leaf

Lean Leaf Terms of Use

Last Updated: September 1, 2022

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.

THE FOLLOWING TEXTS SET FORTH IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT SERVICES PROVIDED. PLEASE READ THEM CAREFULLY.

BY ACCESSING OR USING THE SITE OR SERVICES, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE READ, COMPREHEND AND ULTIMATELY AGREED TO BE BOUND LEGALLY AND WILL OBEY WITH THESE TERMS OF USE. YOU MAY NOT USE THIS SITE OR ANY OF ITS SERVICES PROVIDED IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

NOTICE OF ARBITRATION: YOU AGREE THAT DISAGREEMENTS AND DISPUTES BETWEEN YOU AND US, PHARMACIES OR PROVIDERS ORIGINATING OF OR RELATED TO THESE TERMS OF USE OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, FURTHER DETAIL WILL BE SET FORTH BELOW. BELOW ARE SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

The terms and conditions of use (“Terms of Use”) oversee your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by Lean Leaf LLC and its respective affiliates (collectively “Lean Leaf,” “We,” “Us,” or “Our”), including the www.joinleanleaf.com website (the “Site”) and the services available to users through the Site or the mobile application (together, the “Platform”) (collectively the services received through the Site, the “Services”). To use the site, you must comply with these Terms of Use. Failing to agree to be bound by the Terms of Use makes you unauthorized to have access or use the services, site, or any information provided through the site or service, you must exit this site immediately. Please also consult our Privacy Policy for a description of our privacy practices and policies, which will include how we collect and handle your personal health and financial information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use. If any disagreement between you and with these Terms of Use, your sole and exclusive path to resolution is to discontinue your use of the Site and/or Services. Your continued use after a change has been posted initiates your acceptance of the changes so you should check the Terms of Use from time to time to determine if changes have been made.

This service, and any interactions with providers associated with this service do not substitute your relationship with your regular health care providers. You admit and agree that your reliance on any healthcare providers or information provided by the providers associated with the service provided is solely at your own risk and you assume full responsibility for all risk associated herewith. Our Service provides access to prescription fulfillment Services offered by the following pharmacies: South Lake Pharmacy, Tailor Made Compounding (the “Pharmacies”). By accepting this Agreement, you agree and acknowledge that the Services provided to you by any Providers and the Pharmacies through the Platform are also subject to this Agreement and that the Pharmacies are third-party beneficiaries of this Agreement.

Lean Leaf does not make any representations or warranties about the training or skill of any healthcare providers who provide services via the Service.

Ownership of The Site And Related Materials

All pages within this Site and any material made available for download are the property of Lean Leaf, or its licensors or suppliers, as appropriate. The Site is protected by United States and international copyright and trademark laws.

Electronic Communications

Communicating with use electronically constitutes using any Lean Leaf Service, or communicate via text messages, emails and other communications from your desktop or mobile device to us. By accepting this Agreement you consent to receive communications from us electronically. You agree and accept that (1.) all agreements and consents can and most likely will be signed electronically and (2.) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

You agree to receive notifications, invitations, reminders and other communications from Provider and Lean Leaf (and any of its affiliates or agents) through the Platform, or by email, text message (including any short message service), fax, phone or any other method of communication. You agree and authorize Provider and Lean Leaf to communicate with you through use of an automatic telephone dialing system and/or an artificial or prerecorded voice message system (“Automated Messages”) at any of the contact information provided to Lean Leaf or to Provider or to other service providers who are affiliated and working with Lean Leaf. You agree to immediately notify Provider or Lean Leaf if there are any changes to your mobile phone number or other contact information.

Automated Messages may include (but not limited to) an invitation to download and use the Platform. By using the Services, you acknowledge and understand that you may receive multiple messages per day, and that you are responsible for any message and data rates charged by your mobile carrier. These communications may not be secure (not encrypted). Unsecured communications pose a risk to the confidentiality and privacy of the information being sent because they might be intercepted by a third party. You can opt out of receiving Automated Messages at any time, including by contacting Lean Leaf at joinleanleaf@gmail.com or replying “STOP” to an automated text message.”

Notice Regarding Your Financial Responsibility for Services

Lean Leaf and the Providers are not enrolled with or a participating provider with any federal or state healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, neither you nor Lean Leaf, nor the Providers may receive payment from such programs for the services or products provided to you by Lean Leaf or the Providers. Further, to the extent that any of the Pharmacies or Providers may be enrolled in federal or state healthcare programs, the Platform and other means through which Lean Leaf provides services and products currently precludes such services and products from being covered benefits under these programs. Thus, the costs of the products and services made available to you by Lean Leaf and the Pharmacies and Providers are not eligible for payment under any federal or state healthcare program and you are solely responsible for the costs of any service or product provided to you.

By agreeing to use the Service, you acknowledge and agree that (1) you have sole financial responsibility for all services or products provided to you, and (2) neither you nor Lean Leaf, the Medical Groups or the Providers may submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you.

Subscription Products

All products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing joinleanleaf@gmail.com.

Members who opt-in for a long term prescription supply are committing to pay the associated membership fee(s) based on the medication supply length agreed upon.

For specific medications, in order to simplify the user experience on the Platform, you will only see and be required to pay a single “total” subscription price. However, if a subscription product you purchase required a consultation with a Provider and/or includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amount charged by the Pharmacy for the prescription drug and the amount charged for the services of the Provider, as well as the amount we charge use of and access to the Platform. We collect the amounts charged by the Pharmacies and Providers on behalf of the Pharmacies and Providers and pass the applicable amounts through to them.

Prescription Products

Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Platform, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription.

If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Pharmacies by using the Platform, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or by emailing joinleanleaf@gmail.com

If you choose to use a pharmacy other than one of the Pharmacies, you acknowledge:

Your medication may not be delivered directly to your door
You must pay for your medication yourself, on top of the monthly Lean Leaf membership fee, which will be more expensive
You will email joinleanleaf@gmail.com within 24 hours of signing up with your pharmacy of choice’s name, address, and phone number so we can tell your doctor where to send the prescription

In this case, if you don’t email leanleaf@gmail.com within 24 hours of signing up with your pharmacy of choice’s name, address, and phone number, your Provider reserves the right to send your prescription to one of the Pharmacies to avoid delays with your order.

If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped to you by the applicable Pharmacy.

Prescriptions fulfilled by the Pharmacies may not use child-resistant packaging, and prescription products may not be dispensed in child-resistant containers.

Eligibility; Availability

In order to qualify to use the Services, the following must be true: (i) you are age 18 or over; and (ii) You agree to be legally bound by and comply with these Terms of Use.

Please note that certain of our Services are not available to individuals in certain states. Additionally, the Services are limited to users located in the United States. Access to the Services from countries or territories or by individuals outside the United States or states where the Services are not available is prohibited. Certain products available through the Service are subject to additional age restrictions and not all products or Services on Our Platform are available to all ages.

We reserve the right to change or include new requirements or modify the availability of the Services in Our sole discretion without providing prior notice to you.

Site Access, Security and Restrictions; Passwords

If you create a subscriber account for the Lean Leaf Site, you agree to complete the registration process by providing current, complete, and accurate information as required by Lean Leaf. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by Lean Leaf at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. Lean Leaf will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

Protected Health Information

When you set up an account with Lean Leaf, you are creating a direct customer relationship with Lean Leaf that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Lean Leaf, including but not limited to your name, email address, shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.

However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Lean Leaf is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Pharmacies or Providers may or may not be a “covered entity” or “business associate” under HIPAA, and Lean Leaf may in some cases be a “business associate” of a Pharmacy or Providers. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Lean Leaf, the Providers or the Pharmacies. To the extent Lean Leaf is deemed a “business associate” however, and solely in its role as a business associate, Lean Leaf, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Provider. In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”),will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.

The Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Provider(s).

By using the Service, you are agreeing that even if HIPAA does apply to Lean Leaf, the Providers or the Pharmacies, any information that you submit to Lean Leaf that is not intended and used solely for the provision of diagnosis and treatment by the Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.

Lean Leaf.

License And Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Lean Leaf or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Lean Leaf Services. This license does not include any resale or commercial use of any Lean Leaf Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any Lean Leaf Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by Lean Leaf or its licensors, suppliers, publishers, rights holders, or other content providers. No Lean Leaf Service, nor any part of any Lean Leaf Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lean Leaf. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lean Leaf without express written consent. You may not use any meta tags or any other “hidden text” utilizing Lean Leaf's name or trademarks without the express written consent of Lean Leaf. You may not misuse the Lean Leaf Services. You may use the Lean Leaf Services only as permitted by law. The licenses granted by Lean Leaf terminate if you do not comply with these Terms of Use.

The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Lean Leaf. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of Lean Leaf without our express written consent.

Accuracy and Integrity of Information

Although Lean Leaf attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Lean Leaf so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Lean Leaf shall have no responsibility or liability for information or Content posted to the Site from any non-Lean Leaf affiliated third party.

Links to Other Sites

Lean Leaf makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Lean Leaf site, please understand that it is independent from Lean Leaf, and that Lean Leaf has no control over the Content on that website. In addition, a link to a non-Lean Leaf website does not mean that Lean Leaf endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.

Terms of Sale

Lean Leaf products are paid prior to services, services will be performed within 24 hours after payment. If services are not performed within that time frame you are guaranteed a full refund. Please contact leanleaf@joinleanleaf.com

All products offered for sale by Lean Leaf are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Lean Leaf without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.

All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Lean Leaf’ third-party online payment processing vendor, Enter third party vendor here. Additional information about Enter third party vendor here, its privacy policy and its information security measures (collectively, the “Enter third party vendor here Policies”) should be available on the Enter third party vendor here website located at https://Enter third party vendor here.com or by contacting Enter third party vendor here directly. Reference is made to the Enter third party vendor here Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Lean Leaf’s relationship with Enter third party vendor here, if any, is merely contractual in nature, as Enter third party vendor here nothing more than a third-party vendor to Lean Leaf, and is in no way subject to Lean Leaf’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.

You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

We reserve the right to remedy any User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

Lean Leaf membership may be canceled at any time: by either self-cancellation through our patient portal or emailing support@joinleanleaf.com.

Lean Leaf will refund the most recent monthly payment of the membership fee in full to the payment method on file when:

1) membership is canceled within 5 days after the start of the billing cycle for which the payment was made;

2) the member has not received the initial physician's consult;

3) no medications or refills have been ordered.

Refunds will be credited to the payment method on file within 3-10 business days after membership cancellation.

This Cancellation and Refund Policy does not provide any implied warranty in addition to what may be provided under applicable law. Refunds are limited to one full or partial monthly payment of the membership fee and exclude coverage for any and all incidental and consequential damages arising out of or relating in any way to the Lean Leaf Health, Inc. Weight Loss Program or the membership fee. Some States do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.

This Cancellation and Refund Policy gives you specific legal rights, and you may also have other rights which vary from State to State.

LIMITED WARRANTY

Lean Leaf Health, Inc., 4500 N Villa Ave Oklahoma City, OK 73112 (“Lean Leaf”), is offering a Money-Back Guarantee. The product covered is the Lean Leaf Health, Inc. Weight Loss Program. The Money-Back Guarantee covers a refund of the first three payments of the monthly membership fee over 3 monthly billing cycles. The guarantee extends to the holder of the form of payment on file with Lean Leaf Member Support at the time that a request for reimbursement is made.

Eligibility for the Money-Back Guarantee requires that the new member:

Meets membership eligibility requirements and becomes a member of Lean Leaf at joinleanleaf.com;
Remains a member in good standing for 90 days beginning with and including the day that membership is purchased (the “90 Day Period”).

Good standing requires:

Maintaining a valid form of payment on file with Lean Leaf Member Support for automatic payment of the monthly membership fee;
Fully and truthfully completing all required on-site forms both prior to and after membership is established;
The member’s responding to at least the monthly progress reports reporting weight measurements, requests for a weigh in (the member’s reporting his or her weight) through text message or the Lean Leaf email during the 90 Day Period;
In addition to weigh-ins, the member’s responding by text message or email to at least any text messages from the member’s provider during the 90 Day Period.

If a new member is on the Rx Path, good standing also requires:

The member’s completing at least one consultation with the assigned physician resulting in medication being prescribed during the 90 Day Period;
Filling out the initial medication form and the medication refill form during the 90 Day Period;
The member’s taking the medication as prescribed.

To request a refund, please email leanleaf@joinleanleaf.com If eligibility requirements were met and the member was in good standing at the time of the request, the refund will be credited to the form of payment on file within 14 days after the request is made.

All implied warranties, including warranties of merchantability and fitness for a particular purpose, are limited in duration to the length of this warranty. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

If the membership is terminated prior to the 90th day either by the member or by Lean Leaf due to a failure to comply with the Terms and Conditions, any refund request will be denied, and full monthly fees for the duration of membership will be charged.

This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

User Information

If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information, consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Lean Leaf and its Providers that you have the legal right and authorization to provide all User Information to Lean Leaf and its Providers for use as set forth herein and required by Lean Leaf and the Provider.

LEAN LEAF DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. LEAN LEAF DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. LEAN LEAF DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

Limitation of Liability Regarding Use of Site

LEAN LEAF AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF LEAN LEAF TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $10000 (TEN THOUSAND DOLLARS).

Binding Arbitration / Class Waiver

YOU EXPRESSLY AGREES THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND LEAN OR YOU AND ANY OF THELEAN LEAF PARTIES OR ANY MEDICAL GROUP OR PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO LEAN LEAF, THE SITE, THE PLATFORM THE CONTENT OR THE SERVICES, OR ANY OTHER LEAN LEAF GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Lean Leaf will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Lean Leaf also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

The arbitration shall be conducted in Oklahoma City, Oklahoma, except that, in the event Oklahoma City, Oklahoma is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org.

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Lean Leaf agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Oklahoma City, Oklahoma, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.

ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Oklahoma City, Oklahoma, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Oklahoma City, Oklahoma for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.

You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Lean Leaf. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Lean Leaf to: Lean Leaf 4500 N Villa Ave, Oklahoma City, Oklahoma 73112 ATTN: Arbitration Opt-Out.

Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Lean Leaf 4500 N Villa Ave Oklahoma City, Oklahoma 73112 ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Lean Leaf 4500 N Villa Ave Oklahoma City, Oklahoma 73112 Arbitration Opt-Out within 30 days of the effective date of such modifications.

Governing Law; Venue

These Terms of Use are governed by the laws of the state of Oklahoma without regard to conflict of law principles. You and Lean Leaf submit to the personal jurisdiction of the state courts and federal courts located within Oklahoma City, Oklahoma for resolution of any lawsuit or court proceeding permitted under these Terms of Use.

Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.

Indemnity

You agree to defend, indemnify and hold Lean Leaf harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Lean Leaf arising out of your breach of these Terms of Use or violation of applicable law, or access by anyone accessing the Site using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, Lean Leaf shall only exercise its rights in this Section after addressing applicable claims with Your employer or health plan should you be accessing the Site or Services through your employer or health plan

Right to Modify Revisions; General

Lean Leaf reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. Lean Leaf uses Google Analytics, a third-party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Lean Leaf has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Lean Leaf only and does not cover the use of cookies by any third-party. Lean Leaf reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Lean Leaf and you pertaining to the subject matter hereof. In its sole discretion, Lean Leaf may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.

Right to Modify Revisions; General

Third-Party Distribution Channels: Lean Leaf offers software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Use are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.