PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this Site agree that access to and use of the Site is subject to the following terms and Conditions. Your use of the Site indicates your acceptance of these terms and conditions. If you do not agree to these Terms and Conditions, do not use the Site.
Welcome to the LeanLifters website (the “Site”). Turtlepond Holdings, LLC, d/b/a LeanLifters (“LeanLifters”, “Us” or “We”) provides services to you (“You”) subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when You use any of our services You are subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING, ORDERING FROM OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Because physical exercise can be strenuous and subject to risk of serious injury, always consult a qualified medical professional before beginning any nutritional or exercise program, or using any equipment from LeanLifters or our suppliers. The information contained on the LeanLifters websites is not intended to be a substitute for professional medical advice, diagnosis or treatment of any disease or illness. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding any medical condition. Never disregard professional medical advice or delay in seeking it because of something You have read on LeanLifters. Any content, information and/or exercise equipment provided by the Site, is for informational and educational purposes only and any use is solely at Your own risk.
Products promoted, manufactured and/or sold by LeanLifters are not toys and should only be used under the direction, and in the presence, of a knowledgeable adult. There is always the potential for serious injury. Minors should only use products sold and/or promoted by LeanLifters under the direct supervision of a qualified adult.
You should be aware of manufacturer’s instructions, warnings, and maintenance procedures for each piece of equipment before use. Any questions should be directed to the manufacturer prior to use. Before use, users shall determine the suitability of the product for their intended use, and users assume all risk and liability whatsoever in connection therewith.
The Site and the materials and products on the Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, LeanLifters and its suppliers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. LeanLifters does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the Site available are free of viruses or other harmful components. LeanLifters does not make any warranties or representations regarding the correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise of the contents of the Site. The risk of loss and title for items purchased by You pass to You upon our delivery of the items to the shipping carrier. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to You.
Any equipment purchased from LeanLifters is used solely at Your own risk. LeanLifters is not responsible for any injuries which may occur as a result of; (a) any information contained on the Site (b) use of any equipment, promoted by, purchased from or obtained through LeanLifters, and (c) any instruction, training, supervision, or dietary recommendations contained on the Site.
We may, without prior notice to You, terminate the Agreement and revoke Your access to the Site. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. However, any provisions relating to Intellectual Property, Disclaimer and Limitation of Liability and Indemnification, shall survive any termination.
You agree to indemnify, defend, and hold harmless LeanLifters, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Your (a) use of the Site (b) violation of these terms of the Agreement (c) use of equipment promoted by or acquired through LeanLifters, including use of the equipment by any third-party under Your supervision or direction (d) any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the Site using Your Internet account.
Use of any information provided by LeanLifters or equipment sold by LeanLifters is solely at Your own risk. By using this Site and/or purchasing any products, You hereby agree to indemnify, save and hold harmless the Service Providers from any loss, liability, damage, injury or expense that may be incurred by You or any other person or entity due to Your use or misuse of any information contained in the Siteor equipment obtained from the Site or otherwise arising from Your actions, whether or not caused by the action, inaction or negligence of LeanLifters.
Disclaimer and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE USE OF EQUIPMENT PURCHASED FROM THE SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
LeanLifters shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Site or the performance of the products, even if LeanLifters has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Use of Website
You represent and warrant that You are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, We hereby grant You a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on Your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to You. LeanLifters may terminate this license at any time.
Except as permitted in the paragraph above, You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if We believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on the Site is solely for informational purposes. It is Your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that You are well enough for physical activities. Submissions or opinions expressed on the Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of LeanLifters. Product representations expressed on the Site of products that are not manufactured by LeanLifters are that of the vendor and are not made by Us.
We may assign You a password and account identification to enable You to access and use certain portions of the Site. Each time You use a password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and We have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to You. You shall immediately notify Us of any unauthorized use of Your password or identification or any other breach or threatened breach of this Site’s security.
The Site may not be accessed from countries other than the United States. If You are accessing the Site from outside of the United States please leave the Site. The Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use the Site outside the United States You are responsible for complying with Your local laws and regulations.
In an attempt to provide increased value to our visitors, LeanLifters may link to sites operated by third parties. However, even if the third party is affiliated with LeanLifters, LeanLifters has no control over these linked sites, all of which have separate privacy and data collection practices, independent of LeanLifters. These linked sites are only for Your convenience and therefore You access them at Your own risk. Nonetheless, LeanLifters seeks to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
The entire content included in this Site, including but not limited to text, video, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of LeanLifters. The collective work includes works that are licensed to LeanLifters. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order with LeanLifters or purchasing products from LeanLifters. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for Your own non-commercial use, or to place an order with LeanLifters or to purchase LeanLifters products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Site is strictly prohibited, unless authorized by LeanLifters. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
All trademarks, service marks and trade names of LeanLifters used in the Site are trademarks or registered trademarks of LeanLifters. All other trademarks, service marks and trade names are trademarks or registered trademarks are the property of the respective owners and use does not imply endorsement of LeanLifters.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that You submit or post to the Site and/or provide Us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and We shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to You.
In addition to the rights applicable to any Submission, when You post comments or reviews to the Site, You also grant Us the right to use the name that You submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that You own or otherwise control all of the rights to the reviews, comments and other content that You post on this Site and that use of Your reviews, comments, or other content by Us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than Yourself or otherwise mislead Us or third parties as to the origin of any Submissions or content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Abuse of Account
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a LeanLifters or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
LeanLifters does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing You with the ability to view and distribute user-generated content on the Site, LeanLifters is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, LeanLifters reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to LeanLifters in its sole discretion.
Disputes; Applicable Law
This Agreement shall be governed in all respects by the laws of the state of State of New Hampshire, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of products from LeanLifters) shall be in the state or federal courts located in the State of New Hampshire. LeanLifters’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. LeanLifters may assign its rights and duties under this Agreement to any party at any time without notice to You.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
You agree that our remedy at law for any actual or threatened breach of this Agreement by You would be inadequate and that We shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that We may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
LeanLifters may deliver notice to You by means of e-mail, a general notice on the Site, or by other reliable method to the address You have provided to LeanLifters.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, LeanLifters reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. LeanLifters reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, LeanLifters shall issue a credit to Your credit card account in the amount of the incorrect price.