Terms of Service

1. Indemnification

You will indemnify and hold harmless leansimplified.com and its affiliates, and our or their respective directors, officers, employees, agents, representatives, licensors and third party providers (collectively, the “leansimplified.com Indemnitees”), on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the leansimplified.com Indemnitees, and shall defend the leansimplified.com Indemnitees against (1) all claims arising out of or relating to your use of the Site, including that any Submissions or other information, data or materials (whether tangible or intangible) provided by you in connection with your use of the Site or the Terms of Use, or use thereof by any leansimplified.com Indemnitee, infringes, misappropriates or otherwise violates any trademark, trade secret, patent, copyright or other intellectual property right or proprietary right of a third party; (2) all claims arising out of or relating to fraud committed by, or the intentional misconduct or gross negligence of, you; and (3) all claims arising out of or relating to your failure to comply with, or breach by you of, any provision of the Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the leansimplified.com Indemnitees.
 
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this section and, in such case, you agree pay for all costs and expenses arising out of or relating to such defense and to cooperate with us in the defense of such matter, at your sole cost and expense.

2. Jurisdiction and Governing Law

The Terms of Use shall be governed by and construed in accordance with the laws, rules and regulations of the State of Utah without giving effect to any choice-of-law provision or rule (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You hereby irrevocably consent and submit to the jurisdiction and venue of the courts located in the State of Utah for the adjudication of any matter arising out of or relating to the Terms of Use and waive any objection based on improper venue or inconvenient forum. No course of dealing or usage of trade will apply to the Terms of Use. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the State of Utah and of the United States. If any Content, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them. 

3. DMCA Notice

leansimplified.com is committed to protecting copyrights and expects users of the Site to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send our designated copyright agent named below a notice requesting that the material be removed, or access to it blocked. The notice must include the following information in writing:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
  • Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit leansimplified.com to locate the material;
  • Information reasonably sufficient to permit leansimplified.com to contact you, such as an address, telephone number, and if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated copyright agent for notice of copyright infringement on the Site may be contacted at: leansimplified.com, Attn: Legal Department, 389 South 1300 West, Pleasant Grove Utah 84062.You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid. 

4. Promotions

This Site may contain sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

5. Entire Agreement

The Terms of Use govern your use of the Site, including the submission of all data, information and other materials (whether tangible or intangible and including order, payment and personal information) through the Site. If you are a Professional, Wellness Advocate, or Wholesale Customer account holder, the Terms of Use do not replace, amend or modify your Professional, Wellness Advocate, or Wholesale Customer account agreement. The Terms of Use constitute the entire agreement between you and leansimplified.com with regard to your use of the Site and all matters addressed herein and supersedes all prior written or oral agreements or understandings previously existing between you and leansimplified.com. No terms or conditions endorsed upon, delivered with or contained in or communicated by any of the foregoing will form part of the Terms of Use.  

6. General

Failure by leansimplified.com to enforce any provision in the Terms of Use will not be construed as a waiver of such or any other provision. No waiver will be binding upon leansimplified.com unless in writing and signed by an authorized representative of leansimplified.com, and any such waiver will be limited to the particular instance referred to. If any provision of the Terms of Use is held to be invalid, illegal or unenforceable for any reason, the remainder of the Terms of Use will continue in full force and effect and such invalid provision, to the maximum extent permitted by law and to the extent possible, will be construed in accordance with the original intent of the parties, and to the extent not possible, will be deemed severable from the Terms of Use. Headings used in the Terms of Use are for reference purposes only and in no way define or limit the scope of the section. As used in the Terms of Use, the word “including” and words of similar import means “including, without limitation.”

7. Feedback

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to leansimplified.com shall be and remain the exclusive property of leansimplified.com, and we may use all such communications in any manner without compensation to you.
Should you have any questions or complaints regarding the Terms of Use, please contact us by email at info@leansimplied.com
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