Last Updated October 16th, 2017
Introduction
Welcome to healthywithleslie.com. This website is owned and operated by Healthy with Leslie, LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of Oct 16, 2017.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any healthywithleslie.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Healthy with Leslie, LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i. You agree to indemnify and hold harmless Healthy with Leslie, LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Healthy with Leslie, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Healthy with Leslie, LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on healthywithleslie.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Healthy with Leslie, LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Healthy with Leslie, LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Healthy with Leslie, LLC from our offices located in the state of FL, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of FL, by accessing our website, you agree that the statutes and laws of FL, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, FL You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Healthy with Leslie, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Last Updated October 12th, 2017
HealthywithLeslie.com and Healthy with Leslie, LLC Terms of Services:
Your purchase of one or more Personal Training sessions, meal plans, Edible Art lessons, Grocery Shopping services, Power Walk and Train sessions, or any services with Healthy with Leslie, LLC constitutes a contract between Healthy with Leslie , LLC and you.
This contract constitutes the entire agreement between parties.
All customers and visitors to this website agree to comply with Healthy with Leslie, LLC and HealthywithLeslie.com terms and conditions as expressed below. Healthy with Leslie, LLC and HealthywithLeslie.com terms and conditions ensure that all customers that use our products and or services do so with regard to their rights and the rights of others, and in conformity with the requirements of Healthy with Leslie, LLC procedures, rules, regulations, requirements, terms and conditions. Please be aware that Healthy with Leslie, LLC reserves the right to alter, change and modify its terms and conditions at any time, without prior written notice. Healthy with Leslie, LLC is located in Boca Raton, FL.
All Personal Training Sessions , Meal Plan reviews, Edible Art Lessons and or Parties, Power Walk and Train sessions, etc must be used within 30 days. If Healthy with Leslie, LLC provides a Complimentary Personal Training Session, Meal Planning Service and Review, Power Walk and Train, Edible Art Lesson, etc have no expiration date. Series packages cannot be shared.
Pricing
All Healthy with Leslie, LLC Personal Training, Meal Plan, Edible Art services, Grocery Shopping Services, Power Walk and Train; Juice Plus Products; Tower Garden ; etc are listed the Healthy with Leslie, LLC Website: HealthywithLeslie.com. Healthy with Leslie, LLC will be glad to provide you a copy of our current price schedule per your request.
Payment Types
We accept MasterCard, Visa, American Express, Discover, Venmo, Cash and Check.
Cancellations
To avoid being charged, the cancellation must be made more then 24 hours in advance by either calling Healthy with Leslie , LLC or Leslie Woolley Personally, sending a text message, and or send a cancellation request toinfo@healthywithleslie.com .
No Show/ Late for Appointment-
If a client No Shows without canceling before 24 hours of the scheduled start time of the appointment or session, they are subject to forfeiting the entire appointment or session, unless Healthy with Leslie, LLC decides otherwise. If the client is more then 15 min late Healthy with Leslie , LLC has the right to cancel the session with out refund; or complete the session in time that is remaining.
Waiver
By signing up, electronically or manually, for Personal Training Sessions Virtually or in Person, Power Walk and Train Walking sessions, Edible Art Lessons or Parties, Meal Plan and follow up sessions and/or attending any activities or events associated with Healthy with Leslie, LLC , you hereby agree that there are certain inherent risks and dangers related to and involved with all exercise, physical activity, and any/all other exercise workouts and activities offered by and relating to Healthy with Leslie, LLC whether the sessions or workout is being conducted virtually, in person, in a group , or program is provided on paper, or via email, or workout template. It is agreed and understood that there is a danger of injury when participating in any exercise activity as well as all other exercise workouts offered by Healthy with Leslie, LLC and HealthywithLeslie.com.
In consideration of being allowed to participate in and having access to services provided by Healthy with Leslie, LLC, in addition to the payment of any fee or charge, you hereby agree to:
(1) assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to any physical activity or exercise,
(2) waive, release and forever release and discharge, Healthy with Leslie,LLC’s officers, agents, members, employees, representatives, and all others from any and all responsibility, claims, rights, causes of action and/or liability from injuries or damages to your person or property resulting from your participation in physical activity, groups, classes,sessions, etc.
(3) represent you have no medical or physical condition which would prevent you from attending classes, personal training sessions, appointments, Power Walk and Train Group Walks, etc
(4) you further agree to avoid and will not participate in any activity or that is in any way associated with Healthy with Leslie, LLC or HealthywithLeslie.com that has any possibility of putting you in any physical or medical danger.
(5) by signing up and/or attending any workout, activities,sessions, charity events or programs, you are confirming that you have not been instructed by a physician not to do so. You have medical clearance from a medical professional giving the medical clearance to participate in any physical activities. Healthy with Leslie, LLC, hereby advises individuals with any acute or chronic disabilities, allergies, conditions that they may be at risk when participating in any physical activity, personal training session, group Power Walk and Train, Edible Art Classes or lessons, and are therefore advised against doing so. Healthy with Leslie, LLC also advises you that if, in the opinion of Leslie Woolley, Healthy with Leslie, LLC staff member,etc, that you may be at physical risk or you may cause physical risk to others by participating in any workout or physical activity, we reserve the right to prevent you from participating in this activity or workout.
Consumer Protection Clauses
The following clauses are included in the contract for your protection:
A. The contract provides for penalty-free cancellation of the contract within 3 days, exclusive of holidays and weekends, of its making, upon the mailing or delivery of written notice to Healthy with Leslie, LLC, and refund upon such notice of all monies paid under the contract, except that Healthy with Leslie, LLC may retain an amount computed by dividing the number of complete days in the contract term or, if appropriate, the number of occasions services are to be rendered into the total contract price and multiplying the result by the number of complete days that have passed since the making of the contract or, if appropriate, by the number of occasions that personal training sessions, meal plans and reviews, power walk and train sessions, Edible Art Lessons or parties, etc have been rendered. A refund shall be issued within thirty (30) days after receipt of the notice or cancellation made within the 3-day provision.
B. The contract provides for the cancellation and refund of the contract if the contracting business Healthy with Leslie, LLC goes out of business. The contract provides that notice of intent to cancel by the buyer shall be given in writing to Healthy with Leslie, LLC. The notice of cancellation from the consumer terminates automatically the consumer’s obligation to any entity to whom Healthy with Leslie, LLC has surrogated or assigned the consumer’s contract. If Healthy with Leslie, LLC wishes to enforce the contract after receipt of the notice, it may request the Department of Agriculture and Consumer Services (DACS) to determine the sufficiency of the notice.
D. The contract provides that if DACS determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term. Healthy with Leslie, LLC shall not be deemed out of business when temporarily closed for repair and renovation of the premises:
1. Upon sale, for not more than fourteen (14) consecutive days; or
2. During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
E. The buyer is advised to contact DACS for information within sixty (60) days should Healthy with Leslie, LLC go out of business.
F. The contract provides for the cancellation of the contract if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which the buyer used from the commencement of the contract until the time of disability, with refund of funds paid or accepted in payment of the contract in an amount computed by dividing the contract price by the number of weeks remaining in the contract term and multiplying the result by the number of weeks remaining in the contract term. The contract may require a buyer or the buyer’s estate seeking relief under this paragraph to provide proof of disability or death. A physical disability sufficient to warrant cancellation of the contract by the buyer is established if the buyer furnishes to Healthy with Leslie, LLC a certification of such disability by a physician licensed under Chapter 458, 459, 460, or Chapter 461 provided the diagnosis or treatment is within the physician’s scope of practice. A refund shall be issued within 30 days after receipt of the notice of cancellation made pursuant to this paragraph.
G. The initial contract will not be for a period in excess of thirty (30) days. All sessions must be used within thirty (30) days. Renewal contracts may not be executed and the fee therefore paid until the preceding contract expires.
H. If Healthy with Leslie, LLC requires a buyer to furnish identification prior to the Personal Training Session, Meal Plan and or Review, Edible Art Lesson or Party, Power Walk and Train session, etc and as a condition of using the services Healthy with Leslie, LLC shall provide the buyer with the means of such identification.
I. SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN 1 MONTH OF THE AGREEMENT IN ADVANCE BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS BUSINESS CEASES TO OPERATE. THIS BUSINESS IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY, AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.
Contact Information
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
info@healthywithleslie.com
561-859-2539
Healthy with Leslie, LLC
Boca Raton , FL
USA
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