Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LeanWagon, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
LeanWagon has been developed to help our users track their health and fitness progress, reach their health and fitness goals and lead a healthy lifestyle. The authors of this web site are providing information for educational purposes only. The information provided within this website and from our services is not intended to be a diagnosis or prescription. Before beginning any diet or fitness program please consult a physician. Discontinue any exercise that causes you pain or severe discomfort and consult a medical expert. The authors of this web site, and all its Content, cannot guarantee any exercise, health, weight loss or fitness results or improvements to the users of LeanWagon.
1. Your LeanWagon.com Account
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify LeanWagon of any unauthorized uses of your account or any other breaches of security. LeanWagon will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Your Rights and Responsibilities
You retain your rights to any Content you submit, post or display on or through the Services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. LeanWagon will not be responsible or liable for any use of your Content by LeanWagon in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
You understand and agree that all information contained within the Site and all data and information compiled by LeanWagon associated with the Site which you may have access to as part of, or through your use of, the Site is considered Content of LeanWagon. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically authorized to do so by LeanWagon in a separate agreement.
You agree that you are solely responsible for (and that LeanWagon has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which LeanWagon may suffer) by doing so.
You agree that all right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of LeanWagon and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the LeanWagon name or any of the LeanWagon trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding LeanWagon, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You agree that this license includes a right for LeanWagon to make such Content available to other companies, organizations and individuals with whom LeanWagon has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those Services.
Such additional uses by LeanWagon, or other companies, organizations or individuals who partner with LeanWagon, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
You understand that LeanWagon, in performing the required technical steps to provide the Services to our users, may: (i) transmit or distribute your Content over various public networks and in various media, and (ii) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit LeanWagon to take such actions. You confirm to LeanWagon that you have all the rights, power and authority to grant the above license.
By submitting Content to LeanWagon for inclusion on the Site, you grant LeanWagon a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your account. If you delete Content, LeanWagon will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, LeanWagon has the right (though not the obligation) to, in LeanWagon's sole discretion (i) refuse or remove any Content that, in LeanWagon's reasonable opinion, violates any LeanWagon policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LeanWagon's sole discretion. LeanWagon will have no obligation to provide a refund of any amounts previously paid.
3. Responsibility of Website Visitors
LeanWagon has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's Content, use or effects. By operating the Website, LeanWagon does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Website may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LeanWagon disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of Content there posted.
4. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LeanWagon.com links, and that link to LeanWagon.com. LeanWagon does not have any control over those non-LeanWagon websites and webpages, and is not responsible for their Contents or their use. By linking to a non-LeanWagon website or webpage, LeanWagon does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. LeanWagon disclaims any responsibility for any harm resulting from your use of non-LeanWagon websites and webpages.
5. Copyright Infringement and DMCA Policy
As LeanWagon asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LeanWagon.com violates your copyright, you are encouraged to notify LeanWagon. LeanWagon will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. LeanWagon will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of LeanWagon or others. In the case of such termination, LeanWagon will have no obligation to provide a refund of any amounts previously paid to LeanWagon.
6. Intellectual Property
This Agreement does not transfer from LeanWagon to you any LeanWagon or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LeanWagon. LeanWagon, LeanWagon.com, the LeanWagon.com logo, and all other trademarks, service marks, graphics and logos used in connection with LeanWagon.com, or the Website are trademarks or registered trademarks of LeanWagon or LeanWagon's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LeanWagon or third-party trademarks.
LeanWagon may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your LeanWagon.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
LeanWagon reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LeanWagon may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Disclaimer of Warranties
The Website is provided "as is". LeanWagon and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither LeanWagon nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain Content or services through, the Website at your own discretion and risk.
10. Limitation of Liability
In no event will LeanWagon, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LeanWagon under this agreement during the twelve (12) month period prior to the cause of action. LeanWagon shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. Medical Agreement
The health, nutrition, and related information and recommendations provided by LeanWagon are for educational purposes only and are not intended as substitutes for medical advice from your health care provider. LeanWagon is not a medical organization. We encourage and advise you to seek professional medical advice before beginning any fitness or nutrition effort or program. Do not start a diet or fitness routine with us if your health care provider advises against it. We cannot provide you with medical advice or diagnosis. Nothing that you may read on this site or that is otherwise provided to you by our staff should be construed as such advice or diagnosis. Such information is not a substitute for physician consultation, evaluation, or treatment.
And if you are a woman, in becoming a Member with the intent of using the Sites you further affirm that either (A) you are not pregnant, breastfeeding or lactating or (B) your physician has specifically approved your use of LeanWagon.
LeanWagon reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions.
You are advised that health, diet and fitness advice is often subject to change due to medical research and developments. No assurance can be given that the Service will reflect the most recent findings or developments with respect to the particular material. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition.
12. General Representation and Warranty
You agree to indemnify and hold harmless LeanWagon, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Class Agreements”) that a teacher and student may enter into in connection with a class, including any Class Agreements entered into through the Service. Students and teachers are each responsible to the other for complying with the terms of the Class Agreements, but LeanWagon has no control over either party’s compliance. Among other things, LeanWagon cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, LeanWagon shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LEANWAGON AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “LEANWAGON PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or attendance of a class is at your sole risk. LeanWagon does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when attending Classes. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE LEANWAGON AND EACH OF THE OTHER LEANWAGON PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LeanWagon reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.
A full payment is required to register for a class on LeanWagon, unless otherwise agreed by the teacher.
LeanWagon is not responsible or liable for any refunds for classes. Refunds and cancellations are managed by the teachers who provide the booked classes at their discretion. In such situations, a teacher may (but is not required) to agree to a suitable raincheck, make-good, or refund.
Classes may be recorded at LeanWagon's discretion, until such recording feature is made available universally to all teachers. Until such time, any recording of the class will not be sold by LeanWagon, unless a written permission is obtained from the teacher. LeanWagon reserves the right to use the recording to create a short (2 minutes or less) workshop excerpt to be used for promotional purposes only.
Teachers may request that LeanWagon does not send email solicitations that include classes by other teachers to students whom the teacher referred to the site. If such request is made, it will be honored for a period of 12 months or until such time that the teacher rescinds this request, whichever is sooner.