LeanDreams LLC
Terms of Service
Last updated: March 8, 2026
LeanDreams LLC IS CONTEMPLATED FOR SPECIFIC NON-EMERGENCY MEDICAL CONDITIONS AND CONCERNS. IF YOU BELIEVE YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR YOUR LOCAL MEDICAL PROVIDER.
BY CLICKING “I AGREE,” CHECKING ANY BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE, OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO CREATE AN ACCOUNT OR USE LeanDreams LLC. YOU, AT THIS MOMENT, GRANT AGENCY AUTHORITY TO ANY PARTY WHO INDICATES ACCEPTANCE OF THESE TERMS AND CONDITIONS ON YOUR BEHALF.
THIS USER AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION. UNLESS YOU TIMELY OPT-OUT OF ARBITRATION BY THESE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US, OR YOU AND THE MEDICAL GROUPS OR PROVIDERS, ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU FURTHER WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
I INTRODUCTION:
LeanDreams LLC and its subsidiaries (“we,” or “us”) owns and operates the website www.leandreamsweightloss.com and may, now or in the future, own and operate a LeanDreams mobile application (collectively, the “Sites”). Your use of the Sites, any part thereof, or anything associated in addition to that, including the services, features, content, and applications, together with the Sites, is the LeanDreams LLC (“Services”) offered by LeanDreams LLC and our affiliated professional entities for whom we coordinate healthcare offerings. Any products or services provided through the Sites or any affiliated website, software, or application owned or operated by LeanDreams LLC are governed by these Terms of Service (“Terms” or “Agreement”). By accessing or using any of the LeanDreams LLC, which include our affiliated professional entities, you agree to be bound by this “Agreement,” which is a legally enforceable agreement between LeanDreams LLC, our affiliated entities, and you, the individual (“You” or “Your”). Please read this Agreement carefully as it provides the critical information you need to know about using LeanDreams LLC.
**II ACCEPTANCE OF THE TERMS:
Your use of LeanDreams LLC** is subject to this Agreement and all applicable laws and regulations. Suppose you do not accept and agree to be bound by this Agreement. In that case, you are strictly prohibited from visiting, accessing, registering with, and using the Service or any information or content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon its posting to the Platform. Unless otherwise indicated, any new content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is discontinuing your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
**III OUR RELATIONSHIP WITH YOU:
These Terms of Service (the “Terms”) apply to your use of any of LeanDreams LLC** for which you are enrolled or have a consultation scheduled and are further described below:
A Telehealth consultations and services.
1 LeanDreams LLC may include access to one or more professional medical organizations (“Medical Groups” or “Groups”) to provide healthcare services through the Sites. These Groups employ or contract with licensed medical providers (“Providers”) who offer certain healthcare services via LeanDreams LLC. All medical providers who deliver Healthcare Services through the Sites are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with LeanDreams LLC Services, and (ii) solely responsible for such Healthcare Services you receive.
2 Consultations are provided by a medical provider licensed in the state where you, the Patient, are located via a HIPAA-secure platform.
3 Provider consultations may diagnose and prescribe medication if clinically appropriate. The DEA regulates both controlled and non-controlled substances, encompassing both commercially available and compounded medications. Prescriptions can be issued for both controlled and non-controlled substances.
IV Lean Dreams Weight Loss Membership.
A LeanDreams LLC makes available to individuals who register as users of the Service (“Users”) specific products and services offered by LeanDreams LLC or by third-party medical providers, pharmacies, or other vendors via LeanDreams LLC.
B Upon signing up and agreeing to the Terms of Service for LeanDreams LLC, you will be enrolled as a "Basic Member" in addition to the one you choose.
C Basic Membership includes use of the Lean Dreams Weight Loss website and mobile application (“Sites”); unlimited customer support; pharmacy and clinical care coordination; health information management; and facilitation to access the nurse hotline if you have questions or concerns regarding your prescription(s) or other clinical issues.
1 If prescribed, medication fulfillment is offered through compounded pharmacies (“Pharmacies”) licensed appropriately to dispense medications to the state jurisdictions served by LeanDreams LLC. You agree and understand that your prescription(s) may be filled by and transferred between any of the Pharmacies, and you agree that LeanDreams LLC may take these actions on your behalf. LeanDreams LLC does not control or interfere with any professional service provided by the Pharmacies, and each is solely responsible for their provision of professional services rendered via LeanDreams LLC. By accepting this Agreement, you acknowledge and agree that any services you receive from the Pharmacies, Medical Groups, or Providers through the Sites are also subject to this Agreement and that the Labs, Pharmacies, Medical Groups, and Providers are third-party beneficiaries of this Agreement.
**V INDEPENDENT MEDICAL JUDGMENT:
LeanDreams LLC is not licensed to practice medicine and does not provide any healthcare service. LeanDreams LLC does not control or interfere with the provision of Healthcare services provided by medically trained clinicians and their affiliated professional entities, each independent from LeanDreams LLC and solely responsible for the Healthcare service you receive. You understand and agree that LeanDreams LLC is not responsible for any healthcare service provided by a medical provider or affiliated professional entity, including any personal injury or property damage. You further understand and agree that after reviewing your Information, the medical provider, in independent professional judgment, will determine whether to prescribe medication or other treatments or recommend that you consult with alternative clinical resources.
**VI PHARMACY SERVICES:
By accepting this Agreement, you additionally understand and agree that LeanDreams LLC, Inc.** is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and pharmacy group or other such relationship with any one or more such third-party entities.
**VII ELECTRONIC COMMUNICATIONS:
When you enroll and use LeanDreams LLC**, you consent to conduct business electronically with LeanDreams LLC and engage in health-oriented activities with medical providers and professional entities affiliated with LeanDreams LLC. Such processes have the same force and effect as your written signature. You consent to LeanDreams LLC, its affiliates, subsidiaries, and other affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. You understand and agree that LeanDreams LLC is not responsible for the security or privacy of your communications services to receive the messages mentioned above and emails sent via LeanDreams LLC. You further understand and agree that it is your sole responsibility to monitor and respond to these messages and emails and that neither LeanDreams LLC nor the Medical Group or any Provider will be liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Provider(s). If you do not agree with any of these Terms or our Privacy Policy, you may not use the Sites or LeanDreams LLC.
VII-A. SMS TEXT MESSAGE AND EMAIL MARKETING COMMUNICATIONS
A. SMS Text Message Consent
By providing your mobile phone number and checking the consent box during enrollment, you expressly consent to receive recurring text (SMS/MMS) messages from LeanDreams LLC, including but not limited to:
Appointment reminders and scheduling confirmations
Healthcare-related information and program updates
Promotional marketing messages (if you have opted in)
Customer service and support communications
You understand and agree that:
Express Written Consent Required. Your consent is not a condition of purchase of any goods or services. Message frequency varies.
Message and Data Rates May Apply. Standard messaging and data rates may apply based on your mobile carrier's plan.
Opt-Out Instructions. You may opt out of SMS messages at any time by replying STOP to any text message from LeanDreams LLC. You will receive one final confirmation message. After opting out, you will no longer receive SMS messages unless you re-consent by texting START or re-enrolling through our website.
Help Instructions. For help or more information, reply HELP to any message or contact us at customer@leandreamsweightloss.com or 202-430-5326.
Carrier Liability. LeanDreams LLC is not liable for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.
Device Security. You are responsible for safeguarding your mobile device. If your device is lost or stolen, immediately notify us to update your contact information.
Voluntary Consent. Your consent to receive SMS messages is voluntary. You have the right to refuse, and it will not affect your ability to obtain treatment or benefits from LeanDreams LLC Services.
Supported Carriers: AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and other major carriers.
**VIII LABORATORY PRODUCTS AND SERVICES:
Laboratory products and services available from LeanDreams LLC**, including at-home testing kits, require a valid prescription or order by a licensed healthcare provider. Suppose you receive laboratory products or services through LeanDreams LLC. In that case, the applicable testing materials are shipped to you, and the costs associated with the laboratory products and services are included in the total charged to you by LeanDreams LLC. Laboratory products and services available through the Platform are “Third-Party Goods and Services” as described in this Agreement's Third-Party Goods and Services section.
**IX THIRD-PARTY GOOD AND SERVICES:
Labs, Third-Party Pharmacies, Medical Groups, and Providers (collectively, “Third-Parties”) may provide services or products (“Third-Party Goods and Services”) through LeanDreams LLC**. Your use of any Third-Party Goods and Services and any interactions with third parties, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such use or interactions, are solely between you and third parties. Should any dispute arise between you and any party, any other User, or any other entity or individual, you understand and agree that LeanDreams LLC is not obligated to become involved in such dispute. You at this moment release and indemnify LeanDreams LLC, Strive Pharmacy, LLC, and their respective corporate parents, subsidiaries, and affiliates, and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “**LeanDreams LLC** Health Parties”) from any claims, demands, or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” LeanDreams LLC Health shareholders, directors, officers, employees, contractors, or agents (collectively, “**LeanDreams LLC** Stakeholders”) may have a financial interest in one or more third parties. They may profit from your use of the Third-Parties or the sale of Third-Party Goods and Services.
**X MODIFICATION AND TERMINATION OF RIGHTS:
LeanDreams LLC** may suspend or terminate any of the rights granted by these Terms and your access to LeanDreams LLC with or without prior notice, at any time, and for any reason, including, but not limited to, a belief that your conduct or your use of LeanDreams LLC violates applicable laws or is harmful to the interests of LeanDreams LLC, its affiliated professionals, or any other users. LeanDreams LLC may place limits on, modify, suspend, or terminate the Services generally and may suspend or terminate your use of the Services if you fail to comply with this Agreement by LeanDreams LLC's internal policies. This suspension or termination may delete your information, files, and other previously available content. If LeanDreams LLC terminates the Services or your use of the Services, this Agreement will also terminate, but the following sections: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration; and Class Action Waiver; shall continue to be effective after this Agreement is terminated. LeanDreams LLC reserves the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms regularly to determine what changes have been made, if any. You can determine when the Terms were last revised by referring to the “Last Modified” field at the beginning of this Agreement. If you use the Sites after the amended Terms have been posted, you will be deemed to have agreed to the Terms as amended. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of LeanDreams LLC.
**XI ELIGIBILITY:
To use LeanDreams LLC** by way of the Sites, the following must be faithful:
A. You are at least 18 years of age.
B. You live in the United States and a state or territory where the Services are available.
C. You agree to be legally bound by and comply with these Terms of Service.
D. You must have compatible computing or mobile devices, access to the Internet, and specific software necessary to use the Sites. Fees may apply to your use of mobile services and the Internet.
You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Sites. In addition to the above requirements, LeanDreams LLC and its affiliated professional entities reserve the right to change or include new requirements, as deemed appropriate in their sole discretion, without providing prior notice to you. Further, medical providers and affiliated professional entities delivering the Healthcare Services may, on a case-by-case basis, determine that specific criteria apply to utilizing LeanDreams LLC for healthcare or that healthcare services are not appropriate in any instance for a particular user. You can obtain more information on the criteria for healthcare services by contacting customer@leandreamsweightloss.com
**XII AVAILABILITY:
LeanDreams LLC** is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements. LeanDreams LLC Services are available to eligible individuals in certain states.
XIII REGISTRATION, USER ACCOUNTS, AND USER DATA:
You must provide accurate and complete registration information when enrolling in LeanDreams LLC. You are responsible for providing a valid, accurate, and complete email address, physical mailing address, and other information related to the service you request and maintaining and promptly updating any changes to this information. LeanDreams LLC is available only to users who have registered and enrolled through and to other persons affiliated with LeanDreams LLC who have been granted accounts with usernames and passwords. Sites may not be accessible at any time, and LeanDreams LLC will not be liable if, for any reason, all or any part of the Sites are unavailable at any time and for any period.
Upon registration of an account, the Sites may contain fields that allow you to enter and transmit your user information or data (“User Data”) through the Sites. You understand and agree that any User Data you provide may be used, copied, or displayed by LeanDreams LLC. LeanDreams LLC may create derivative works of any such data and provide such data to our service providers, successors and assigns, medical providers, and their affiliated professional entities in the performance of the Services.
You grant LeanDreams LLC, our service providers, our successors and assigns, and medical providers and their affiliated professional entities the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any User Data you submit on or through the Sites to provide the Services to you; conduct research or analyses of such data; and designing, developing, implementing, modifying and improving new, current or future features, products and services of LeanDreams LLC using such data.
XI YOUR PROTECTED HEALTH INFORMATION OR “PHI”:
You understand and agree that the Sites are intended to facilitate LeanDreams LLC (“Service” or “Services”) by assisting with (a) the development and gathering of healthcare records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Healthcare Services; (c) administrative support in connection with coordinating fulfillment and payment for prescription medications ordered or prescribed by medical providers performing Healthcare Services; and (d) telecommunications and technology support for using the Sites as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers. Although LeanDreams LLC is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, you understand that LeanDreams LLC gathers unique information from you to enable a medical provider to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and blood pressure), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). This information may be certain medical information that may be protected under applicable laws.
As such, you consent to LeanDreams LLC sending and disclosing all of your information to the affiliated professional entities and their medical providers so that you may receive LeanDreams LLC Services. Further, you consent to deliver your Information to affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies to coordinate desired fulfillment and payment for diagnostic testing, prescription medications, and medical services recommended as part of the Healthcare Services. One or more of the Labs, Pharmacies, or Medical Groups may or may not be a “covered entity” or “business associate” under HIPAA, and LeanDreams LLC may, in some cases, be a “business associate” of a Lab, Pharmacy or Medical Group. 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 health information is involved. HIPAA may not apply to your transactions or communications with LeanDreams LLC, the Medical Groups, the Providers, the Labs, or the Pharmacies. To the extent, LeanDreams LLC is deemed a “business associate” and solely in its role as a business associate, LeanDreams LLC may be subject to specific provisions of HIPAA concerning “protected health information” (“PHI”) as defined under HIPAA, that you provide to the Labs, Pharmacies, or Medical Groups. In addition, any medical or health information you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”) will be used and disclosed only per 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 by HIPAA. The Medical Groups and Providers have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Health Information. By accessing or using any part of the Service, you acknowledge receipt of the Notice of Privacy Practices from your Medical Group and Provider(s).
By using the Service, you further agree if HIPAA does apply to LeanDreams LLC, the Medical Groups, the Providers, the Labs, or the Pharmacies, any information that you submit that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Providers or prescription fulfillment by the Pharmacies or laboratory services by the Labs 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.
XV. TERMS OF SALE:
1. Product Availability and Order Acceptance:
- LeanDreams LLC offers products that are subject to availability. We reserve the right to impose quantity limits on any order or reject any part without prior notice.
In case of an error, we reserve the right to correct it by revising your order, which could include adjusting the price, or by cancelling the order and issuing a refund for any amount already charged.
2. Pricing and Taxes:
- Prices for products through LeanDreams LLC are subject to change without prior notice.
- You are responsible for applicable sales, use, duty, customs, or other governmental taxes or fees. We will collect these taxes if we are obligated to do so and will provide an estimate at checkout. Note that the final amount of taxes may vary from the estimated amount due to factors such as changes in tax rates.
- If we do not collect certain taxes, you may be required to report and pay them directly.
3. Payment:
- Only valid payment methods we accept can be used to complete a purchase.
- You confirm that you can use the payment method you provide. You authorize us to charge your designated payment method for the total amount of your order, including any applicable taxes, shipping, and handling charges.
- If your payment method is declined, we may continue to attempt processing until the transaction is approved.
- LeanDreams LLC and our third-party payment processors may receive updated payment information from your card issuer, such as new numbers and expiration dates when your card expires. You agree to update your payment information in our records for future transactions.
4. Transaction Information:
You may need to provide certain information for transaction purposes, such as your payment card details, billing and shipping addresses, phone number, and email address. By providing this information, you grant LeanDreams LLC the right to use and share it with third parties to facilitate the transaction.
5. Shipping and Handling:
You agree to pay any shipping and handling charges shown at the time of purchase. These charges may vary, but you will be notified of changes before your purchase.
Estimated delivery dates are not guaranteed. Unless stated otherwise, the risk of loss or damage to products transfers to you when we deliver the items to our carrier.
6. Customer Support:
- We reserve the right to handle customer issues on a case-by-case basis, maintaining the discretion to address concerns based on individual circumstances.
XVI YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT:
You are responsible for maintaining the confidentiality and security of Your password and account, and you are fully responsible for all activities that occur under Your password or account. LeanDreams LLC shall not be liable for any loss or damage arising from your failure to comply with this Agreement. If you have forgotten your password, LeanDreams LLC will use the email address you provided to send account verification and password reset instructions. Your use of the LeanDreams LLC Services must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software. If you use mobile services to enter and maintain your personal information, you understand you are responsible for safeguarding and securing your mobile device and the associated credentials. If you leave your mobile device unattended or if it is lost or stolen, you understand that your personal information may be accessible to others. Further, as a condition of your use of LeanDreams LLC, you agree to the following:
All information you provide through the Sites is accurate, complete, and correct, and you will maintain and update any of the information you provide to LeanDreams LLC.
B. Your permission to use LeanDreams LLC is personal, and you will only use the Sites. You agree to keep your username and password confidential and exit from your account at the end of each session. You are responsible for all activities under your account and maintaining the confidentiality of your password.
C You are responsible for promptly changing your password if you think it has been compromised. You may not transfer or share your password with anyone or create more than one account, and you may not use anyone else’s account at any time.
D You agree to immediately notify LeanDreams LLC of any unauthorized use of your username, password, or any other security breach you become aware of involving or relating to the Services by emailing LeanDreams LLC at customer@leandreamsweightloss.com. You may be asked to provide additional information to LeanDreams LLC, its affiliated professional entities, or applicable medical provider(s) to provide Healthcare Services or fulfill a prescription. You may elect to withhold requested information; however, if you do so, you may not use LeanDreams LLC or other related services. You understand and agree that the provision of healthcare coordinated through LeanDreams LLC depends on the completeness and accuracy of your Information as provided. Because LeanDreams LLC cannot verify all of your Information, LeanDreams LLC is not responsible for any consequences if your Information is inaccurate or incomplete. Suppose your Information needs to be corrected, completed, or maintained. In that case, or LeanDreams LLC has reasonable grounds to suspect as much, LeanDreams LLC has the right to suspend or terminate your account and use of the Services. In addition, LeanDreams LLC may take any necessary or reasonable actions to maintain the security of the Sites, Services, and your secure User account.
XVII RESTRICTIONS ON USE:
In using LeanDreams LLC, You agree not to:
A Send or otherwise transmit through LeanDreams LLC any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful, or otherwise objectionable material of any kind, any material that can cause harm or delay to LeanDreams LLC or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
B Misrepresent your identity or affiliation in any way;
C Restrict or inhibit any person from using LeanDreams LLC; disclose personal information obtained from LeanDreams LLC; or collect information about other users of LeanDreams LLC;
D Reverse engineer, disassemble, or decompile any section or technology of the LeanDreams LLC or attempt to do any of the preceding:
1 Gain unauthorized access to LeanDreams LLC; to other users' accounts, names, personally identifiable information, or other information, or to other computers or websites connected or linked to LeanDreams LLC;
2 Launch or use any automated system, including, without limitation, "robots," "spiders," or "offline readers," that access LeanDreams LLC in a manner that sends more request messages to our servers in a given period than a human can reasonably produce in the same period by using a conventional web browser;
3 Send or otherwise transmit to or through LeanDreams LLC chain letters, unsolicited messages, "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
4 Post, transmit, or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
5 Violate any applicable laws or regulations in any way;
6 Alter or modify any part of the content or services offered through LeanDreams LLC;
7 Allow any other person to use LeanDreams LLC utilizing your registration or login information;
8 Access LeanDreams LLC APIs other than through a direct connection from LeanDreams LLC Web or Mobile Applications. Any other direct connection to our APIs or indirect connections or observations, including but not limited to utilizing browser developer tools, plugins, or third-party applications that listen to or intercept network communication, such as Fiddler and Wireshark, are expressly prohibited.
9 Assist or permit any person to engage in the activities described above.
You will not use, encourage, or permit others to use LeanDreams LLC except as expressly permitted in these Terms. The following actions are expressly prohibited about Your username and password:
A Sharing or disclosing your username and password or permitting access to or otherwise facilitating the use of Your username and password by any person;
B Using the username and password to cache LeanDreams LLC in such a manner as to be accessible by persons who have not registered with LeanDreams LLC or
C Using the username and password to permit multiple persons access to LeanDreams LLC through a local or vast area network.
D Use or attempt to use the Sites or the Services for any other person than yourself;
E Accessing, enrolling, or using LeanDreams LLC in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third, or that violates any applicable local, state, or federal law or regulation, or is prohibited by these Terms;
F “Jailbreak” your mobile operating system. The mobile site is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using LeanDreams LLC on a mobile phone with a modified operating system may undermine security features intended to protect your protected health information (PHI) from unauthorized or unintended disclosure. You may compromise your PHI if you use LeanDreams LLC on a mobile phone that has been modified. Use of the Service on a mobile phone with a modified operating system is a material breach of these Terms;
G License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Sites or related materials in any way;
H Use or access the Platform to create or develop competing products or services or for any other purpose that is to LeanDreams LLC's detriment or puts LeanDreams LLC at a commercial disadvantage;
I Take any action or use LeanDreams LLC in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or
J Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network;
K Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by LeanDreams LLC or any of our service providers to protect our Sites;
L Input, upload, transmit, distribute, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Sites, or any other system, device, or property;
M Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you through LeanDreams LLC;
N Use any manual process or automated device to monitor or copy any content made available through LeanDreams LLC for any unauthorized purpose except as permitted in Section XIII: Privacy.
O Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to LeanDreams LLC or third-party content from the Sites; or
P Encourage or enable any other individual to do any of the preceding.
Q Capture, record, share, or retain any video footage or screenshots for any purpose, including for your personal use (e.g., sharing photos or video feed made available through the Services on a social media platform).
XVIII LICENSING:
Subject to your compliance with these Terms, LeanDreams LLC grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, access, and use LeanDreams LLC Service and its content solely for your personal and non-commercial use. No other right, title, or interest in LeanDreams LLC Service is transferred to you, and LeanDreams LLC and its licensors reserve all rights not expressly granted. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
XIX LIMITED HEALTHCARE SERVICES:
Although you may receive a medical consultation and prescription through the LeanDreams LLC Service membership, LeanDreams LLC does not offer medical advice. Creating an account on the Leandreamsweightloss.com web or mobile site creates no patient-provider relationship. The Platform is structured for use specific to certain healthcare services and is not, and should not, be considered or used as comprehensive medical advice, care, diagnosis, or treatment. In some cases, the LeanDreams LLC Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, your Provider may determine that your diagnosis or therapy requires an in-person office visit or is otherwise not appropriately addressed using LeanDreams LLC Service. In such a case, you may receive a notification that you cannot use the Service for the issue you submitted, along with additional information regarding the next steps. The Platform should not be used during a medical emergency. If you discontinue your LeanDreams LLC membership, you are strongly encouraged to follow up with your primary care provider or other qualified healthcare provider. LeanDreams LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU MAY OBTAIN THROUGH AFFILIATED PROFESSIONALS OR THEIR PROFESSIONAL ENTITIES.
XX TELEHEALTH CONSENT:
Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Though Telehealth carries potential benefits, like any medical procedure, it also carries potential risks. Please review the full “which informs you about the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs. To receive Healthcare Services, you will be required to agree to the Telehealth Informed Consent regarding the use of telehealth. By using the Healthcare Services facilitated and coordinated through LeanDreams LLC Service, you agree and acknowledge that LeanDreams LLC is a beneficiary of the Medical Consent and has the right to enforcement.
XXI PAYMENTS:
You understand and agree that you are responsible for all fees for receiving LeanDreams LLC Service, including any fees charged by medical providers and affiliated medical professional entities. When you submit your Information for Healthcare Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize LeanDreams LLC Service, our affiliates, or third-party payment processors to charge the amount due.
Furthermore, LeanDreams LLC and LeanDreams LLC Service cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error assisting with the filling of your prescription, please email us at customer@leandreamsweightloss.com or call 202-430-5326
You understand that LeanDreams LLC’s affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise; i.e., “out-of-network” providers), and therefore, you understand and agree that you are exclusively and solely responsible for paying all fees due to receive the Healthcare Services provided to you, including any fees charged by the medical providers and affiliated medical professional entities. As such, neither you, LeanDreams LLC, or any medical professional or their professional entities may receive payment from such programs for the services or products provided to you by LeanDreams LLC, LeanDreams LLC Service, its affiliated professionals, and their professional entities. Amounts collected by LeanDreams LLC Service will include fees charged by medical providers for Healthcare Services.
Further, to the extent that any of the Labs, Pharmacies, or Providers may be enrolled in federal or state healthcare programs, the means through which the services and products are provided or made accessible through the Service typically precludes such services and products from being covered benefits under these programs. By using the Service, you are explicitly choosing to obtain products and services on a cash basis outside any federal or state healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
Suppose your credit card expires or LeanDreams LLC, our affiliates, or our third-party payment processors cannot process your payment. In that case, you may receive notice for you to provide an alternative payment method. LeanDreams LLC Service and the medical provider(s) have no obligation to provide any Healthcare Services unless and until full payment has been received and verified.
By agreeing to use the Service, you agree that neither you, LeanDreams LLC, the Labs, Pharmacies, Medical Groups, or Providers will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Service.
XXII SUBSCRIPTION PRODUCTS AND SERVICES:
Products and services available for purchase through LeanDreams LLC Service require that you purchase the product or service on an automatically renewing subscription basis. The amounts to be charged depend on the particular membership you are enrolled in.
For subscription-based products and services, your payment device will be automatically charged at regular intervals as described for that product or service until you cancel your subscription. LeanDreams LLC Service may, but is not required to, occasionally contact you to request updates to your information and to facilitate ongoing subscriptions.
XXIII CANCELLATIONS AND REFUNDS:
A
If you decide to cancel your membership subscription within 30 days of initial enrollment, you are eligible for a full refund of your first month’s fee. However, you will lose access to your membership immediately. Initial enrollment is defined as the first time an individual signs up to receive LeanDreams LLC. No other refunds, returns, or exchanges for products are accepted.
B
If you cancel your subscription after 30 days from your initial enrollment, you are not eligible for a refund. Still, you will retain access to the relevant LeanDreams LLC for the remainder of your paid month.
1
Suppose you cancel your subscription while having an active prescription on file. In that case, you can reactivate your membership by paying an amount equal to one month’s fee for your previous plan.
2
The reactivation fee and the new subscription fee will be charged simultaneously.
You may cancel a subscription at any time by emailing customer@leandreamsweightloss.com or calling 202-430-5326. Cancellation will take effect at the end of the current subscription period. Your subscription will automatically renew for another subscription period unless you cancel at least thirty (30) days before the applicable renewal processing date.
LeanDreams LLC reserves the right to provide refunds outside this Agreement on a case-by-case basis at our sole and absolute discretion. We also offer you the ability to pause your subscription for a specified period.
All prices are subject to change without notice and are not guaranteed, except those for an order that LeanDreams LLC has accepted are not subject to change after acceptance.
To simplify the user experience through the Service, you will only see and be required to pay a single “total” subscription price. However, suppose a subscription product you purchase requires a consultation with a Provider or includes a prescription product you fill through one of the Pharmacies. In that case, the total price you pay consists of the amounts charged for the use of LeanDreams LLC, the amounts charged by the pharmacy for the prescription drug, and the amount charged by the medical group for the provider's services. These amounts are collected on behalf of and paid to the Pharmacies and Medical Groups, respectively.
XXIV PRESCRIPTION PRODUCTS:
Certain products available through LeanDreams LLC require a valid prescription by a licensed healthcare provider. You can only obtain a prescription product if you have completed a consultation with a medical Provider, 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, LeanDreams LLC and a proper pharmacy will coordinate the dispensing and mailing of your prescription. You can have the prescription filled by a pharmacy of your choice. However, you will be responsible for picking up or otherwise obtaining the prescription product and paying the pharmacy directly for the cost of the prescription product. The price of your medication may differ from if you purchase through LeanDreams LLC.
Please use caution when receiving your prescription. Not all prescriptions fulfilled by Pharmacies use child-resistant packaging, and your prescription product may not be dispensed in a child-resistant container.
Prescription products available through the Platform are “Third-Party Goods and Services” as described in this Agreement's Third-Party Goods and Services section.
XXV PRIVACY:
LeanDreams LLC understands the importance of confidentiality and privacy regarding your personal information. Please see our Notice of Privacy Practices and Privacy Policy for a description of how we may collect, use, and disclose your information in connection with LeanDreams LLC.
XXVI INTELLECTUAL PROPERTY:
LeanDreams LLC owns Lean Dreams and Weight Loss. We grant you, for your purposes only, a nonexclusive, limited, and revocable right to access and use Lean Dreams Weight Loss during each paid subscription term in which you are enrolled, as long as you comply with the terms of this Agreement. You agree not to use Lean Dreams Weight Loss for any other purpose, including commercial purposes, such as co-branding, framing, linking, or reselling any portion of Lean Dreams Weight Loss or LeandDreams, without our prior written consent.
All materials available through the LeanDreams LLC may be accessed, downloaded, or printed for noncommercial purposes and solely within the scope allowable by this Agreement. No other use of these materials may be made without the express written permission of LeanDreams LLC. Any unauthorized use of the words or images from LeanDreams LLC may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. LeanDreams LLC includes materials derived in whole or in part from copyrighted materials, including the format and layout of LeanDreams LLC. The copyrights are owned by LeanDreams LLC or, for licensed content, the content providers. None of the names, trademarks, service marks, and logos of LeanDreams LLC or third parties appearing within LeanDreams LLC may be used in any advertising, publicity, or otherwise to indicate LeanDreams LLC’s such third-party’s sponsorship of or affiliation with any product or service without express written permission of LeanDreams LLC Health, Inc. or such third-party. Nothing contained within LeanDreams LLC should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right of use to any trademark displayed on or through LeanDreams LLC without the written permission of LeanDreams LLC or the third-party owner of the trademark, if any. LeanDreams LLC may contain other proprietary notices and copyright information, the terms of which you must observe and follow.
As between LeanDreams LLC and you, LeanDreams LLC is the sole and exclusive owner of all rights, titles, and interest in LeanDreams LLC and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of LeanDreams LLC shall be owned solely and exclusively by LeanDreams LLC or its licensors, including all intellectual property rights therein. No other right, title, or interest in or to the Platform is transferred to you, and we or our affiliates reserve all rights not expressly granted.
Specific names, logos, and other materials displayed in and throughout the Platform may constitute trademarks, trade names, services marks, and logos (“Trademarks”) of LeanDreams LLC or its affiliates and subsidiaries. You are not authorized to use any such Trademarks without the express written permission of LeanDreams LLC or its affiliates. Ownership of all such trademarks and their goodwill remains with us or our affiliates.
XXVII THIRD-PARTY LINKS AND WEBSITES:
LeanDreams LLC may contain third-party-owned content and hypertext links to third-party-owned websites (“Linked Sites”). We provide such third-party content and links for our members' convenience. We have no control over any third-party-owned websites or content referenced, accessed by, or available through LeanDreams LLC, and, therefore, we do not endorse, sponsor, recommend, or otherwise accept any responsibility for such third-party websites or content or the availability of such websites. Any views expressed by third parties LeanDreams LLC are solely those of such parties. LeanDreams LLC or its affiliates assume no responsibility for the accuracy or integrity of any statement made by such third party.
IN PARTICULAR, WE DO NOT ACCEPT ANY LIABILITY ARISING OUT OF ANY ALLEGATION THAT ANY THIRD-PARTY-OWNED CONTENT, WHETHER PUBLISHED IN LeanDreams LLC OR ANY OTHER WEBSITE, INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ANY LIABILITY ARISING OUT OF ANY INFORMATION OR OPINION CONTAINED ON SUCH THIRD-PARTY WEBSITE OR CONTENT.
Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with the use of or reliance on information contained in or provided to Linked Sites. You understand and agree that LeanDreams LLC Health is not responsible for the information, products, or services described on those Linked Sites. Only these Terms will apply to your LeanDreams LLC use or access.
XXVIII
DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE USER'S SOLE RISK. LeanDreams LLC AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, THE LABS, AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE ABOUT THE SERVICE, AND CONCERNING ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. LeanDreams LLC. DOES NOT WARRANT OR GUARANTEE THE SERVICE'S ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS. LeanDreams LLC. DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
XXIX
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LeanDreams LLC BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. NONE OF LeanDreams LLC., ITS AFFILIATES, ITS CLIENTS, ITS SUPPLIERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING LeanDreams LLC OR THE INFORMATION, SERVICES, AND MATERIALS CONTAINED THEREIN ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, SERVICES, AND MATERIALS PROVIDED; THEY ALSO SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, LeanDreams LLC, OR YOUR INABILITY TO USE LeanDreams LLC FOR ANY REASON, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED OR PRODUCTS OFFERED BY THIRD-PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LeanDreams LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LeanDreams LLC. SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND LeanDreams LLC WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XXX NOTICE:
LeanDreams LLC may, at its sole discretion, send you notices regarding the Service or this Agreement by email, posting on the Service, or regular mail.
XXXI INDEMNIFICATION:
You agree to defend, indemnify, and hold harmless LeanDreams LLC, its clients, its suppliers, any Third-Parties offering products or services through the Service, including the Medical Groups, Providers, Labs and Pharmacies, and their respective affiliates, employees, officers, directors, agents, servants, shareholders, and representatives of each from and against any suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and you agree to provide us with such cooperation as we reasonably request.
XXXII MODIFICATIONS TO THE SITES:
LeanDreams LLC reserves the right at any time and for any reason to place limits upon, modify, suspend, or terminate LeanDreams LLC or any portion thereof, with or without notice. This suspension or termination may delete your information, files, and other previously available content. If LeanDreams LLC terminates LeanDreams LLC, the following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration; and Class Action Waiver.
You agree that LeanDreams LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Sites or LeanDreams LLC in general.
XXXIII SUSPENSION AND TERMINATION OF RIGHTS:
The Terms will remain in full force and effect as long as you continue to access or use LeanDreams LLC. You may terminate these Terms at any time by discontinuing the use of the LeanDreams LLC and the Sites. Your permission to use the LeanDreams LLC and the Sites automatically terminates if you violate these Terms. We may terminate or suspend any of the rights granted by these Terms and your access to the Sites with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration; and Class Action Waiver.
Subject to applicable law, LeanDreams LLC reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Sites under its internal record retention or content destruction policies. After any termination, LeanDreams LLC will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.
XXXIV GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION:
The laws of the State of Delaware shall construe this Agreement and the resolution of any disputes related to this Agreement. Any dispute between LeanDreams LLC and you related to this Agreement shall be resolved exclusively by the state and federal courts of the State of Delaware.
LeanDreams LLC Services can be accessed from the United States. Because the laws of each state may differ, you agree that the statutes and regulations of the State of Illinois, without regard to any principles of conflicts of law, will apply to any matters relating to the use of LeanDreams LLC.
Those who choose to access the Service from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where its contents are illegal or penalized is prohibited.
YOU AND WE EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND US OR ANY OF THE LeanDreams LLC, ANY MEDICAL GROUPS, PROVIDERS, LABS, OR PHARMACIES ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE MANTILLA PARTIES, THE SITES, THE CONTENT, THE SERVICE, OR ANY OTHER GOODS, SERVICES OR ADVERTISING BY MANTILLA HEALTH OR ANY OF THE MANTILLA HEALTH PARTIES, LABS, PHARMACIES, MEDICAL GROUPS, OR PROVIDERS, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY, “DISPUTES”) THAT IS NOT RESOLVED BY AN INFORMAL DISPUTE RESOLUTION CONFERENCE (AS DEFINED AND DESCRIBED BELOW), 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 CONSUMER 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. FOR PURPOSES OF THIS ARBITRATION AGREEMENT, “DISPUTE” WILL ALSO INCLUDE DISPUTES THAT AROSE OR INVOLVE FACTS OCCURRING BEFORE THE EXISTENCE OF THIS OR ANY PRIOR VERSIONS OF THE TERMS AND CONDITIONS, AS WELL AS CLAIMS THAT MAY ARISE AFTER THE TERMINATION OF THESE TERMS AND CONDITIONS.
If a Dispute arises, we are committed to working with you to reach a reasonable resolution. You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and we, therefore, agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference in a reasonable faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If counsel represents you, your counsel may participate in the conference, but you shall also participate in the meeting.
The party initiating a Dispute must give notice to the other party in writing of its intent to begin an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice unless the parties mutually agree upon an extension. Notice that you intend to initiate an Informal Dispute Resolution Conference should be emailed to customer@leandreamsweightloss.com.
The Notice must include (1) your name, telephone number, mailing address, and email address associated with your account; (2) the name, telephone number, mailing address, and email address of your counsel, if any; and (3) a description of your Dispute. We will provide notice to your address on file. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
If you and we cannot resolve a Dispute within thirty (30) days after the applicable Informal Dispute Resolution Conference, either party may commence arbitration. 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 minimal. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
The AAA’s fee schedule will govern payment of arbitration costs. Each party agrees to pay its own attorneys’ fees and expenses unless a governing statutory provision requires the prevailing party to pay attorneys’ fees and expenses.
The arbitration shall be conducted in Chicago, Illinois. 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. These Terms evidence a transaction involving interstate commerce. Notwithstanding any other provision concerning the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, 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 or (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; then you and the applicable LeanDreams LLC Party agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Chicago, Illinois, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the preceding, either you or we may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction instead of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
YOU AND WE AT THIS MOMENT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to minimal review. YOU AND WE AGREE THAT, EXCEPT AS SPECIFIED HEREIN, 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 UNDER 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 CAN BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION EXCEPT AS SPECIFIED HEREIN. 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 CLAIM(S).
Suppose a court decides using a final decision, not subject to any further appeal or recourse, that applicable law precludes enforcement of any of this paragraph’s limitations regarding a particular claim or request for relief. In that case, such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration. It may be brought exclusively in the state or federal courts in Chicago, Ilinois, 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 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 in Chicago, Illinois, to determine any claims or requests for relief severed from arbitration under this paragraph. This subsection does not prevent you or us from participating in a class-wide settlement of claims.
To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are one hundred (100) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of one hundred (100) arbitrations per batch (plus, to the extent there are less than one hundred (100) arbitrations left over after the batching described above, a final batch consisting of the remaining arbitrations); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that arbitrations are " substantially similar” if they arise out of or relate to the same event, act, omission, practice, or factual scenario. They raise the same or similar legal issues and seek similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). To expedite the resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. LeanDreams LLC Health, Inc shall pay the Administrative Arbitrator’s fees.
You and we agree to cooperate in good faith with the AAA to implement the Batch Arbitration process, including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall not be interpreted as authorizing a class, collective, and mass arbitration or action of any kin or arbitration involving joint or consolidated claims under any circumstance except as expressly outlined in this provision.
You can opt out of the provisions of this Arbitration Agreement that require the arbitration of Disputes within thirty (30) days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with LeanDreams LLC or any of the LeanDreams LLC Parties, Medical Groups, Labs, or Pharmacies. To opt-out, you must send your name, residence address, and email address clearly stating that you want to opt out of the requirement to arbitrate disputes with the applicable party to LeanDreams LLC ATTN: Arbitration Opt-Out. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have or enter with us or any other LeanDreams LLC Parties.
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 you with a written Notice of Dispute with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send us should be mailed to LeanDreams LLC—Dispute Notice. 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 by this paragraph. Further, suppose we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes. In that case, you may reject such changes by sending a written notice of your rejection decision to us at LeanDreams LLC ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Agreement if you have previously agreed to a version of these Terms of Service and have yet to validly opt out of arbitration. Suppose you reject any change or update to this Arbitration Agreement and were bound by an existing agreement to arbitrate Disputes. In that case, the provisions of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service) remain in full force and effect. We will continue to honor any valid opt-outs of the Arbitration Agreement you made to a prior version of these Terms.
Except as provided above, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed. The remainder of the Arbitration Agreement shall continue in full force and effect.
This Mandatory Arbitration will survive the termination of your relationship with us.
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XXXV COPYRIGHT INFRINGEMENT:
LeanDreams LLC reserves the right to remove any content or other material or information available on the Sites at any time for any reason. Otherwise, LeanDreams LLC complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended) and responds to clear notices of alleged copyright infringement. This Section XIX describes the procedure that should be followed to file a notification of alleged copyright infringement with LeanDreams LLC.
A Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at the following address: customer@leandreamsweightloss.com B Any notification to LeanDreams LLC under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information: 1 An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed; 2 An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 3 An identification of the content or material that you claim is infringing and where it is located on the Sites; 4 Information sufficient for LeanDreams LLC to contact you, such as your address, telephone number, and/or email address; 5 A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and 6 A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
XXXVI SEVERABILITY OF PROVISION:
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. You and we agree that if enforcement of any part of this Agreement as written is not possible, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
XXXVII THIRD-PARTY BENEFICIARIES:
Any use of third party software provided in connection with LeanDreams LLC, or any Third-Party Goods and Services accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and if there is no such license or terms of use, by this Agreement. In addition to this Agreement, your use of LeanDreams LLC must comply with all applicable third-party terms of the agreement, if any. Except for the preceding or as otherwise explicitly outlined in this Agreement, including concerning the indemnification obligations contained herein in favor of LeanDreams LLC, the Medical Groups, the Pharmacies, the Labs, and the Providers, and the arbitration agreement, we at this moment expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third-party, and, except as explicitly outlined in this Agreement, that no third-party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
XXXVIII NO AGENCY:
Neither this Agreement nor any Content, materials, or features of LeanDreams LLC create any partnership, joint venture, employment, or other agency relationship between you and LeanDreams LLC, the Medical Groups, the Providers, the Labs, or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
XIX ASSIGNMENT:
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. LeanDreams LLC may, in its sole discretion, assign or transfer, without further consent or notification, this Agreement or any or all of the contractual rights and obligations under this Agreement, in whole or in part, to any affiliate of LeanDreams LLC, or a third party if some or all of the business of LeanDreams LLC, is transferred to such other third-party by way of merger, sale of its assets, or otherwise.
XL CONTACT INFORMATION:
If you have any questions or concerns about this Agreement, please contact us by email at customer@leandreamsweightloss.com