Terms of Use

Updated: July 1, 2025

PLEASE READ THESE CONTRACTUAL TERMS AND CONDITIONS OF USE AND SERVICE (“AGREEMENT”) CAREFULLY

1. BINDING AGREEMENT

This Agreement constitutes a legally binding contract between Lean Factor LLC (hereinafter referred to as “Lean Factor,” “LF,” “We,” “Us,” “Our,” “Store,” or “Company”) and any individual or automated entity that accesses, indexes, downloads, transmits, or otherwise interacts with any LF resource. LF's principal place of business is located in Palm Beach, Florida, USA. Assent to these terms is both required and obtained, irrespective of whether access is achieved: (i) directly via LeanFactor.com, any successor domain, sub-domain, API, mobile or desktop application, or a storefront situated on a third-party marketplace; (ii) through electronic mail, chat, telephone, SMS, social media, RSS feed, podcast, or any other communication channel; or (iii) indirectly by means of any robot, spider, crawler, scraper, machine-learning model, artificial-intelligence system, or similar automated technology (collectively, “Automated Agents”). Judicial precedent consistently affirms the enforceability of click-wrap, sign-in-wrap, and conspicuous browse-wrap terms against both human users and the operators of bots that continue to use a site after notification of the terms. Federal rulings, including those in hiQ v. LinkedIn and craigslist v. 3Taps, substantiate that Automated Agents engaging in data scraping in contravention of posted terms may be held liable for breach of contract and “unauthorized access” under the Computer Fraud & Abuse Act (CFAA), with parallel state remedies available pursuant to Florida’s Computer Crimes Act.

Continued access to or use of any LF Site or Service subsequent to the “Updated” date specified above shall constitute an acknowledgment by you, and any entity on whose behalf you or an Automated Agent operate, that you have reviewed, comprehended, and irrevocably accepted:

(a) this Terms of Use Policy (the “TOU”);

(b) every other LF legal policy, notice, or guideline presently in effect or hereafter published, including, but not limited to, the Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, CCPA Opt-out, and any future policies incorporated by reference (collectively, the “LF Legal Policies”); and

(c) the mandatory dispute-resolution procedures and class-action waivers delineated in § 8 and § 16.

This assent is universally binding, irrespective of your physical location, the location of your servers, or any conflicting foreign law pursuant to Florida’s choice-of-law statute (Ch. 685, Fla. Stat.) and established U.S. precedent validating forum-selection and arbitration clauses within online contracts. Any attempt to amend, supersede, or contradict the TOU (including by means of a purchase order, hyperlink, or automated header) shall be deemed null and void unless contained within a written amendment executed by both you and an authorized LF officer. Continued use, whether by human or automated means, following the posting of any amendment shall constitute a renewed acceptance of the revised terms. Unauthorized circumvention of technical safeguards such as robots.txt, CAPTCHA, IP-rate limits, or authentication gates shall be considered a material breach and may instigate civil remedies, injunctive relief, and potential criminal liability under the CFAA and Florida law.

2. NO AMENDMENTS OR ADDITIONAL TERMS

Any attempt by you or a third party to amend, improve, or revise these Terms or to submit orders for products or services under any supplementary, conflicting, or modified terms shall be considered null and void unless such revisions are formally documented in a written agreement executed by both parties. No course of dealing, purchase order, or other instrument shall be construed as altering these Terms.

3. SCOPE OF APPLICATION

3.1 Universal Coverage of LF Properties

These Terms shall govern all digital and physical assets, referred to herein as "LF Properties," which are owned, operated, licensed, or otherwise controlled by Lean Factor LLC ("LF"). These LF Properties include, but are not limited to, LeanFactor.com, any successor or country-code domain, all associated sub-domains, mobile and desktop applications, Application Programming Interfaces ("APIs"), branded storefronts or listings on third-party marketplaces (e.g., Amazon, eBay, Walmart, TikTok Shop, and future equivalents), official social-media pages, electronic newsletters, advertising campaigns, RSS feeds, podcasts, bulk-e-mail solicitations, SMS/MMS messaging services, customer-support portals, and any other platform, medium, or channel utilized for the dissemination of LF Content or Services.

3.2 “As-Is / As-Available” Provision

All Sites, Services, and communications are rendered strictly “as-is,” “as-available,” and “with all faults,” and are provided without any warranty, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Service availability may fluctuate and is contingent upon factors such as geographical location, network conditions, and the operational performance of third-party platforms.

3.3 Territorial & Extraterritorial Reach

This Agreement is applicable worldwide, irrespective of the user’s or the governing server’s physical location, and is enforceable under the laws of the State of Florida and the Federal Arbitration Act (as detailed in Sections 8 and 16). Users who access the Services from jurisdictions where such content is restricted or prohibited do so entirely at their own risk and assume sole responsibility for compliance with all applicable local statutes.

3.4 Protection of Content & Technology

All textual matter, photographic images, audio recordings, video footage, source code, underlying databases, trade dress, and all derivative works (collectively, the “Content”) are protected by the U.S. Copyright Act, the Berne Convention, and other relevant multilateral treaties. Any unauthorized reproduction, adaptation, distribution, public performance, public display, or extraction, whether executed manually or via automated means, is rigorously prohibited.

3.5 Binding Effect on Automated Access

Any Automated Agent, defined herein as any robot, spider, crawler, scraper, AI model, or similar automated process that accesses, indexes, mines, or transmits LF Content, is hereby deemed to have constructive notice of, and irrevocably assents to, the Terms of Use (TOU) with the same binding effect as if accepted by a natural person. The circumvention of technical access barriers, including but not limited to robots.txt protocols, CAPTCHA mechanisms, or IP rate limits, shall constitute "unauthorized access" under the U.S. Computer Fraud and Abuse Act and the Florida Computer Crimes Act, and shall be considered a material breach of these terms.

3.6 Third-Party Platform Governance

In instances where LF Content or transactions occur through third-party marketplaces or communication platforms, these Terms shall apply in addition to any platform-specific rules; should a conflict arise, the provision that is more restrictive and favorable to LF shall prevail.

3.7 Comprehensive Communications Clause

These Terms extend to all forms of communication, including, but not limited to, written, oral, digital, and implied exchanges. This comprehensively encompasses website content, email, chat communications, SMS messages, social media postings, advertisements, direct messages, telephone or VoIP calls (whether recorded or live), webinars, podcasts, printed materials, product packaging, invoices, quotations, and marketing collateral.

3.8 Browse-/Click-Wrap & Notice of Changes

Continued access to the Services by human users or automated processes after the date of an update constitutes renewed acceptance of the modified terms, contingent upon the provision of reasonably conspicuous notice on the interface, in accordance with prevailing U.S. case law on electronic contracts. Operators of Automated Agents are responsible for monitoring the TOU for any amendments.

3.9 Disclaimer of Suitability Outside the U.S.

While LF endeavors to present accurate and accessible information for users within the United States, we provide no warranty that the Content is lawful or appropriate for use in other jurisdictions. Access from territories where the publication, download, or utilization of the Services is illegal is prohibited and considered void.

4. MATERIAL TERMS AND CONDITIONS

By utilizing the Site and Services, you hereby acknowledge and consent to the following principal stipulations:

Information Collection and Privacy:

You provide express consent to the collection, utilization, and disclosure of your personal and other information in strict accordance with the LF Privacy Policy, which is formally incorporated herein by reference and is accessible at https://www.LeanFactor.com/pages/legal#tab-2.

“As Is” Provision and Limitation of Liability:

The Site, all associated content, and the Services are furnished on an “as is” and “as available” basis, without any express or implied warranties whatsoever, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. LF’s total liability to you is explicitly restricted, as further detailed below.

Binding Arbitration:

Any and all disputes, controversies, or claims arising out of or relating to this Agreement or your use of the Site and Services shall be exclusively and finally resolved through binding arbitration, as further stipulated within the Arbitration Policy in section 16.

Incorporation of Legal Policies and Notices:

Upon your use of our Site, Services, or Service Providers, the placement of an order, or engaging in communication with us, you affirm that you have read, comprehended, and agree to be legally bound by all of our policies referenced and/or published on this site. These policies, collectively designated as TOU, encompass the Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Bot & Crawler Policy, GDPR Statement, CCPA Opt-out, and any other notices or terms now or hereafter formally promulgated.

5. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

5.1 Mandatory Acceptance of Terms

Access to, interaction with, or utilization of the Site or Services, including but not limited to querying, downloading, visiting, or deployment of any automated means such as robots, spiders, crawlers, scrapers, artificial-intelligence agents, or comparable technologies (collectively, "Automated Agents"), constitutes an irrevocable representation, warranty, and covenant by the user and the deploying entity that:(a) the user has reviewed, comprehended, and unequivocally accepted this Agreement, including all policies incorporated within the LF Terms of Use ("TOU");(b) the TOU establishes a legally enforceable "click-/browse-wrap" contract against both the user and any deployed Automated Agent, regardless of the interface or device utilized to access the Site; and(c) all subsequent access, whether human or automated, shall signify renewed acceptance of the then-current TOU, which may be unilaterally amended by LF and shall become effective immediately upon its posting.

5.2 Global and Extraterritorial Application. This acceptance is globally binding, notwithstanding:

(i) the geographical location of the user or server;

(ii) local practices regarding data harvesting; or

(iii) any conflicting foreign legal statutes.

Users and Automated Agents hereby submit to the exclusive jurisdiction and choice-of-law provisions detailed in §§ 8 & 16, thereby waiving any objection predicated upon forum non conveniens or extraterritoriality.

5.3 Restriction on Unauthorized Automated Access. Absent express written authorization executed by LF:

(a) no Automated Agent is permitted to access, index, copy, cache, harvest, or otherwise process any segment of the Site or its fundamental code, databases, images, text, audio, video, or metadata (“Content”) for any purpose, including data mining, AI model training, machine learning, or commercial analytics;

(b) any effort to evade or disrupt LF’s technical safeguards (including, but not limited to, robots.txt directives, CAPTCHAs, IP-rate limits, geo-fencing, authentication barriers, or encryption) shall be deemed “unauthorized access” under the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030), the Florida Computer Crimes Act (Fla. Stat. § 815.06), and other pertinent legislation, and constitutes a material breach of this Agreement.

5.4 Monitoring and Enforcement Provisions.

LF retains the unrestricted right to:

(i) monitor, identify, and interdict any traffic, human or automated, which LF, in its sole discretion, deems harmful, excessive, or unauthorized;

(ii) deploy countermeasures, such as honeypots or digital watermarks, to detect scraping or infringement;

(iii) pursue immediate injunctive relief, statutory damages, liquidated damages, treble damages where permissible, recovery of attorneys’ fees, and all other remedies available at law or in equity against violators; and

(iv) refer violations to appropriate civil or criminal authorities.

5.5 Non-Waiver by Inaction

LF’s failure to detect or initiate action concerning a specific instance of unauthorized access shall not be construed as consent or a waiver of its rights with respect to that instance or any subsequent conduct.

5.6 Continued Utilization as Ratification of Amendments

LF reserves the right to revise the TOU at any time. Continued access, whether human or automated, subsequent to the “Updated” date displayed above shall constitute conclusive acceptance of all amendments, even in the event a user or Automated Agent fails to review them. Users are responsible for monitoring the TOU for modifications.

6. VALIDITY, ENFORCEABILITY, AND SURVIVAL OF PROVISIONS

Severability and Judicial Reformation

6.1 Judicial Modification of Invalid Provisions

Should any clause of this Agreement or its application to any person, jurisdiction, medium, or Automated Agent be deemed invalid, illegal, or unenforceable by an arbitrator or a court of competent jurisdiction, that clause shall be "blue-penciled" or reformed solely to the limited extent necessary to align with the Parties' original lawful intent, while the remaining provisions shall continue in full force and effect. This principle adheres to the Blue Pencil doctrine, widely utilized in U.S. courts and recognized under Florida law.

6.2 Universal and Technological Applicability

The foregoing provisions are applicable worldwide and extend to all modes of access, whether manual or automated. Consequently, operators of bots, spiders, scrapers, crawlers, AI/ML systems, or other electronic agents are bound to the reformed provision in the same manner as a natural person.

6.3 Perpetual Survival Clause

The following rights, obligations, and risk allocations shall persist notwithstanding any termination, suspension, expiration, de-indexing, denial of service, account deletion, technological block, or legal unenforceability of other provisions:

(a) Dispute Resolution Framework: encompassing mandatory arbitration, class-action waiver, jury-trial waiver, the Mass-Arbitration protocol, choice-of-law, forum-selection, and prescriptive periods (§§ 8, 16).

(b) Intellectual-Property and Content Controls: addressing copyrights, trademarks, trade dress, patents, database rights, licenses granted to or by LF, anti-scraping restrictions, prohibitions against robots.txt/CAPTCHA bypass, DMCA procedures, and licenses for user-generated content.

(c) Warranty Disclaimers and Limitations of Liability: including disclaimers of "as-is/as-available" condition, exclusions of consequential damages, and limitations on direct damages.

(d) Idea-Submission and Feedback Terms: specifying the unilateral use license, the absence of confidentiality, and the waiver of claims for equitable relief.

(e) Indemnities and Defense Obligations: pertaining to Intellectual Property (IP) infringement, data-security incidents, misuse by bots/scrapers, Proposition 65 compliance, and the violation of export controls or sanctions.

(f) Data-Protection and Confidentiality: obligations pursuant to the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA, if applicable), and the LF Information and Security Policy.

(g) Prohibitions against: anti-fraud, anti-circumvention, and unauthorized computer-access as stipulated under the U.S. Computer Fraud and Abuse Act and the Florida Computer Crimes Act.

(h) Miscellaneous Boilerplate Provisions: including severability, survival, assignment, force-majeure, non-waiver, headings, entire-agreement, notices, and counterparts.

6.4 Cumulative Remedies and Injunctive Relief

The survival of the aforementioned provisions is cumulative and non-exclusive. LF retains the right to seek damages, statutory penalties, attorney’s fees, equitable relief, and any other remedy available at law or in equity for breaches, whether human or automated, of the surviving obligations.

6.5 Preservation of Statutory Rights

Nothing contained herein shall diminish any statutory right, immunity, or defense available to LF under federal or Florida law, including, but not limited to, 47 U.S.C. § 230 (the Communications Decency Act), the Digital Millennium Copyright Act, or Florida trade-secret statutes.

7. CONTINUING OBLIGATIONS POST-TERMINATION

Following the termination or expiration of this Agreement, irrespective of the terminating party, both you and LF shall continue to be bound by all ongoing obligations stipulated herein, with the exception of those provisions specifically and exclusively related to the limited license granted to you or modifications to the Service, which shall terminate concurrently with the Agreement.

8. GOVERNING LAW, JURISDICTION, AND ARBITRATION VENUE

8.1 Governing Law

This Agreement, encompassing all transactions and interactions (whether human or automated) involving the Site or Services, shall be governed exclusively by (i) the substantive laws of the State of Florida (including the Florida Revised Arbitration Code, Chapter 682, Florida Statutes), and (ii) to the extent not preempted, the Federal Arbitration Act, 9 U.S.C. §§1-16. The parties expressly waive the application of any contrary conflict-of-laws doctrine (including the exceptions set forth in Restatement (Second) of Conflict of Laws §187) and any mandatory foreign rules.

8.2 Global Applicability and Automated Access

These provisions shall be binding upon every person, entity, bot, crawler, spider, scraper, AI agent, or any other automated mechanism that accesses, indexes, or interacts with the Site, irrespective of the access's geographic origin (whether within or outside the United States) and notwithstanding any contrary local statutes or regulations. Automated access shall constitute affirmative acceptance of the Terms of Use (TOU) with the same force and effect as if executed by a natural person. The act of circumventing, ignoring, or disabling technological barriers (e.g., robots.txt, CAPTCHA, IP-rate limits) is hereby defined as "unauthorized access" under the U.S. Computer Fraud & Abuse Act and the Florida Computer Crimes Act, and shall be deemed a material breach of this contract.

8.3 Exclusive Venue and Forum Selection

With the sole exception of the limited small-claims option articulated in Section 16.9, all disputes, regardless of the user's domicile or the technology utilized, shall be adjudicated exclusively:

Step 1: Through mandatory, binding arbitration, the seat of which shall be Palm Beach County, Florida, conducted in accordance with Section 16 and its attendant Rules (or, in cases of Mass Arbitration, the NAM Mass Filing Rules); and

Step 2: Should judicial intervention become necessary (e.g., for the confirmation, vacating, or enforcement of an arbitration award, or to obtain provisional relief), such proceedings shall occur in the state or federal courts situated in Palm Beach County, Florida, to the exclusive jurisdiction and venue of which the parties hereby irrevocably consent.

Forum-selection clauses of this character are customarily upheld pursuant to The Bremen v. Zapata and its derived Florida jurisprudence. Any legal action initiated in a non-designated venue, whether by a human user or the operator of an Automated Agent, may be subject to dismissal, stay, or removal to the designated forum at LF's sole discretion, and the non-complying party shall be obligated to reimburse LF for all associated fees and costs incurred.

8.4 International Recognition and Enforcement

Arbitral awards rendered pursuant to § 16 are expressly intended to be enforceable worldwide in accordance with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) and, where applicable, the Hague-Choice-of-Court Convention. Users outside the U.S. hereby waive any defense based on local public-policy doctrines that would impair such enforcement.

8.5 Notice and Click/Browse-Wrap Assent

The Terms and Conditions of LF are presented in a manner designed to afford "reasonably conspicuous" notice and to secure user assent, consistent with prevailing U.S. jurisprudence concerning click-wrap, sign-in-wrap, and browse-wrap agreements. Continued access, whether manual or automated, after any update date shall constitute a renewed affirmation of acceptance. Operators of Automated Agents are solely responsible for monitoring updates and ensuring compliance with the updated terms.

8.6 Absence of Conflict with Section 16

The stipulations contained within this Section 8 shall neither limit nor supersede the mandatory arbitration framework established in Section 16. Instead, this Section 8 serves to complement Section 16 by: (i) confirming Florida law as the substantive law governing decisions; (ii) designating Palm Beach County as the exclusive arbitral seat and judicial forum; and (iii) extending these obligations to encompass all global users and automated processes. Should any interpretive tension arise, the provisions set forth in Section 16 shall prevail.

8.7 Technological Circumvention Constitutes Irreparable Harm Subject to Injunctive Relief

The act of circumventing LF’s access controls, which includes, but is not limited to, the bypassing of robots.txt, CAPTCHA, geo-blocking, or authentication mechanisms, shall be definitively construed as constituting irreparable harm. LF reserves the unqualified right to seek immediate injunctive relief in any court of competent jurisdiction, without the prerequisite of posting a surety bond to effectively cease such activity and preserve relevant evidence, in addition to pursuing arbitration for the recovery of resultant damages.

9. NO ESTABLISHMENT OF JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP

This Agreement shall not be interpreted as establishing a joint venture, partnership, employment, or agency relationship between the user and LF. The obligations of LF under this Agreement are expressly contingent upon prevailing laws and legal procedures, and no provision contained herein shall be deemed to restrict LF's inherent right to comply with governmental, judicial, or law enforcement requests, orders, or requirements pertaining to the user's utilization of the Site or Services, or any information furnished by the user.

10. COMPREHENSIVE LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES

10.1 ACCEPTANCE OF TERMS OF USE

BY ACCESSING OR UTILIZING THE Lean Factor (“LF”) WEBSITE, CONTENT, MOBILE OR OTHER DIGITAL SERVICES, CUSTOMER SUPPORT CHANNELS (INCLUDING ELECTRONIC MAIL, CHAT, TELEPHONE, OR SMS), MARKETPLACE LISTINGS, OR BY SUBMITTING ANY ORDER (WHETHER PLACED ONLINE, BY TELEPHONE, FACSIMILE, OR OTHERWISE) (COLLECTIVELY REFERRED TO HEREINAFTER AS, THE “SERVICES”), YOU HEREBY UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. SHOULD YOU NOT AGREE TO THESE TERMS, YOU MUST REFRAIN FROM ACCESSING OR UTILIZING THE SERVICES.

10.2 “AS IS” / “AS AVAILABLE”; OPERATION; SECURITY

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICES, INCLUDING ALL DATA, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, AND ANY OTHER ITEMS PROVIDED THROUGH THE SERVICES ARE FURNISHED BY LF ON AN “AS IS” AND “AS AVAILABLE” BASIS, ENTIRELY WITHOUT WARRANTIES OF ANY NATURE WHATSOEVER, UNLESS EXPLICITLY STIPULATED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT DULY EXECUTED BY LF. YOU HEREBY AFFIRM AND ACKNOWLEDGE THAT YOUR UTILIZATION OF THE SERVICES IS SOLELY AT YOUR OWN RISK, AND FURTHER, THAT LF DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, LF’S SERVERS, OR ELECTRONIC COMMUNICATIONS ORIGINATING FROM LF ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

10.3 DISCLAIMER OF WARRANTIES (EXPRESS, IMPLIED, AND STATUTORY)

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTY OF MERCHANTABILITY, (B) FITNESS FOR A PARTICULAR PURPOSE, (C) NON-INFRINGEMENT, (D) TITLE, (E) QUIET ENJOYMENT, AND (F) ANY WARRANTIES DERIVED FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS DISCLAIMER IS PRESENTED CONSPICUOUSLY AND IN WRITING TO COMPLY WITH FLORIDA UNIFORM COMMERCIAL CODE § 672.316 AND SIMILAR STATUTES. NO WARRANTIES EXTEND BEYOND THE DESCRIPTION PROVIDED WITHIN THIS AGREEMENT.

10.4 INFORMATION ACCURACY; THIRD-PARTY CONTENT; AUTOMATED ACCESS

LF MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OR MATERIALS, INCLUDING WITHOUT LIMITATION NUTRITIONAL DATA, LABELS, PHOTOGRAPHS, INGREDIENT LISTS, CLAIMS, OR DESCRIPTIONS, WHETHER PROVIDED BY LF OR ANY THIRD PARTY, AND WHETHER ACCESSED DIRECTLY BY A HUMAN OR INDIRECTLY THROUGH ANY AUTOMATED OR PROGRAMMATIC MEANS (INCLUDING, WITHOUT LIMITATION, BOTS, CRAWLERS, SPIDERS, SCRAPERS, OR ARTIFICIAL INTELLIGENCE / MACHINE LEARNING (AI/ML) SYSTEMS). TO THE FULLEST EXTENT PERMITTED BY LAW, LF AND ITS SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, ANY COPYING, DOWNLOADING, CACHING, DATA MINING, WEB OR SCREEN SCRAPING, BULK EXTRACTION, INGESTION, TRAINING, FINE-TUNING, OR OTHER DERIVATIVE UTILIZATION OF THE SERVICES OR CONTENT, INCLUDING ANY DIRECT OR INDIRECT USE TO DEVELOP, TRAIN, OR IMPROVE AI/ML MODELS OR RELATED TECHNOLOGY, IS AT YOUR SOLE RISK AND IS SUBJECT TO ALL DISCLAIMERS, LIMITATIONS OF LIABILITY, REMEDIES, AND USE RESTRICTIONS IN THIS AGREEMENT. NO LICENSE IS GRANTED, BY IMPLICATION, ESTOPPEL, OR OTHERWISE, to USE ANY SERVICES OR CONTENT FOR DATA MINING, SCRAPING, OR AI/ML TRAINING OR IMPROVEMENT. YOU SHALL NOT CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY TECHNICAL, CONTRACTUAL, OR ORGANIZATIONAL MEASURES CONTROLLING ACCESS OR RATE OF ACCESS (INCLUDING ROBOTS.TXT, RATE LIMITS, CAPTCHA, AUTHENTICATION, OR OTHER ACCESS CONTROLS). LF MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, SUSPEND OR TERMINATE ACCESS, IMPLEMENT TECHNICAL BLOCKING, AND PURSUE ALL AVAILABLE LEGAL AND EQUITABLE REMEDIES FOR ANY BREACH OR UNAUTHORIZED USE.

ANY RELIANCE ON THE SERVICES OR CONTENT, HOWSOEVER OBTAINED, IS AT YOUR SOLE RISK AND SUBJECT TO THE LIMITATIONS AND DISCLAIMERS SET FORTH IN THIS AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED.

10.5 GENERAL INFORMATIONAL AND HEALTHCARE DISCLAIMER

ALL HEALTH OR NUTRITION-RELATED INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. LF DOES NOT ENDORSE THE PRACTICE OF SELF-MANAGEMENT OF HEALTH CONDITIONS AND DOES NOT PROVIDE COMPREHENSIVE COVERAGE OF EVERY POSSIBLE DISEASE, AILMENT, SYMPTOM, OR TREATMENT. USERS ARE ADVISED TO ALWAYS SEEK THE GUIDANCE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY INQUIRIES REGARDING A MEDICAL CONDITION; PROFESSIONAL MEDICAL ADVICE SHOULD NEVER BE DISREGARDED OR DELAYED DUE TO INFORMATION PROVIDED VIA THE SERVICES. STATEMENTS REGARDING DIETARY SUPPLEMENTS MAY CONSTITUTE “STRUCTURE/FUNCTION” CLAIMS AND HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION; SUCH PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

10.6 SPECIFIC EXCLUSIONS AND OPERATIONAL RISKS

LF HEREBY DISCLAIMS ALL LIABILITY FOR, AND YOU SHALL ASSUME ALL RISKS RELATED TO, INCLUDING BUT NOT LIMITED TO: (A) FAILURES OF PERFORMANCE; (B) ERRORS OR OMISSIONS; (C) INTERRUPTIONS OR DOWNTIME; (D) BUGS, VIRUSES, OR OTHER MALICIOUS CODE; (E) UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR SERVERS; (F) DATA LOSS OR CORRUPTION; (G) NETWORK OR CARRIER SERVICE FAILURES; (H) DELAYS IN SHIPPING OR CARRIER-RELATED ERRORS; (I) CACHING OR THE PRESENCE OF OUT-OF-DATE INFORMATION ON THIRD-PARTY WEBSITES; (J) USER-GENERATED CONTENT OR THIRD-PARTY CONTENT AND/OR WEBSITES; (K) AUTOMATED OR HIGH-VOLUME ACCESS (INCLUDING, WITHOUT LIMITATION, BOTS AND WEB CRAWLERS) THAT INTERACTS WITH OR EXPLOITS THE SERVICES; AND (L) ANY ALLEGED STATUTORY OBLIGATIONS, INCLUDING CLAIMS PERTAINING TO ADA ACCESSIBILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10.7 LIMITATION OF LIABILITY (EXCLUSION OF DAMAGES)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LF, ITS PARENT/AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, ENHANCED, STATUTORY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DATA LOSS, OR SUBSTITUTE GOODS/SERVICES), REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS ADVISED OR WHETHER A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION APPLIES TO ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

10.8 OVERALL LIABILITY CAP (AGGREGATE LIMIT)

TO THE EXTENT ANY LIABILITY IS NOT EFFECTIVELY DISCLAIMED, THE AGGREGATE LIABILITY OF LF AND ITS PARENT/AFFILIATES/SUPPLIERS/LICENSORS/SERVICE PROVIDERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO LF FOR THE PRODUCT(S) OR SERVICE(S) AT ISSUE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100). THIS FOREGOING CAP REPRESENTS A CORE ALLOCATION OF RISK AND AN ESSENTIAL BASIS OF THE BARGAIN.

10.9 ENFORCEABILITY UNDER FLORIDA LAW; CONSPICUOUSNESS

THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION ARE INTENDED TO BE CLEAR, UNEQUIVOCAL, AND CONSPICUOUS AND SHALL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, INCLUDING THE U.C.C. (AS ADOPTED IN FLA. STAT. § 672.316) AND FLORIDA CASE LAW UPHOLDING EXCULPATORY CLAUSES THAT ARE CLEAR AND UNAMBIGUOUS.

10.10 JURISDICTIONAL CARVE-OUTS

CERTAIN STATES OR JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF SPECIFIC IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF PARTICULAR DAMAGES. WHERE SUCH LAWS ARE APPLICABLE, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL BE APPLIED SOLELY TO THE FULLEST EXTENT ALLOWABLE BY LAW. THEREFORE, SOME PROVISIONS MAY NOT BE APPLICABLE TO YOU.

10.11 EXCLUSIVE REMEDY; FAILURE OF ESSENTIAL PURPOSE

NOTWITHSTANDING THE FOREGOING, SHOULD A COURT OR ARBITRATOR DETERMINE THAT YOU ARE ENTITLED TO ANY REMEDY, YOUR SOLE AND EXCLUSIVE REMEDY (SUBJECT TO THE ABOVE CAP) SHALL BE, AT LF’S OPTION, EITHER (A) THE REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT, OR (B) A REFUND OR CREDIT OF THE AMOUNTS YOU PAID FOR THE AFFECTED PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10.12 THIRD-PARTY SERVICES, LINKS, CARRIERS, AND MARKETPLACES

LF HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY WEBSITES, MARKETPLACES, SERVICES, PLATFORMS, CARRIERS, PAYMENT PROCESSORS, OR CONTENT, EVEN IF ACCESSED VIA LINKS ON OR FROM THE SERVICES OR IF BEARING OUR BRANDING, AND ASSUMES NO OBLIGATION TO MONITOR OR POLICE SUCH THIRD-PARTY ENTITIES.

10.13 FORCE MAJEURE

LF SHALL NOT BE HELD LIABLE FOR ANY DELAY IN PERFORMANCE OR FAILURE TO PERFORM DUE TO EVENTS BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, EXTREME WEATHER, NATURAL DISASTERS, EPIDEMICS/PANDEMICS, WAR, TERRORISM, LABOR DISPUTES, EMBARGOS, GOVERNMENTAL ORDERS, POWER/INTERNET/CARRIER FAILURES, OR OTHER FORCE-MAJEURE EVENTS.

10.14 RELATION TO DISPUTE RESOLUTION; SURVIVAL

ALL CLAIMS ARE MANDATORILY SUBJECT TO BINDING ARBITRATION PURSUANT TO SECTION 16 (DISPUTE RESOLUTION; BINDING ARBITRATION; WAIVER OF CLASS ACTION RIGHTS). THE DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND CAPS SET FORTH IN THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.

11. INDEMNIFICATION AND DEFENSE

The undersigned hereby agrees to indemnify, defend, and hold harmless Lean Factor, including its subsidiaries, affiliates, officers, directors, employees, agents, and service providers, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees and legal costs, arising from or in any way related to:

• The undersigned's utilization of the Site or Services;

• Any breach or violation of this Agreement by the undersigned, or

• Any infringement or misappropriation of any intellectual property or other rights of any third party perpetrated by the undersigned.

This indemnification obligation shall survive the termination or expiration of this Agreement.

By accessing or using the Lean Factor website, Services, or any associated communication channels, the user acknowledges having read, understood, and unconditionally accepted all terms and conditions set forth herein. Should the user not agree to be bound by these Terms, the user is expressly prohibited from accessing or using the Site and its Services.

12. GENERAL DISCLAIMER

12.1 Product Warranty Disclaimers

Lean Factor (LF) expressly disclaims any and all warranties and liability pertaining to its products, save for those explicitly stipulated in this Agreement or any other applicable policy referenced on this website. This comprehensive disclaimer encompasses, but is not limited to, any implied warranties of merchantability, non-infringement, and fitness for a particular purpose with respect to all content, products, and services offered by LF. Under no circumstances shall LF incur liability for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with the utilization or inability to utilize any product, service, or content, even if LF has been previously apprised of the potential for such damages.

12.2 Representations and Warranties by You

You hereby represent and warrant that you possess the requisite legal authority and capacity to assent to and be bound by the stipulations of this Agreement. If you are under the age of eighteen (18) years, you affirm that a parent or legal guardian has reviewed and consented to these Terms on your behalf. Furthermore, you warrant that all information furnished to LF is accurate, current, and complete, and that you own or possess sufficient rights to fulfill your obligations under this Agreement. Additionally, you affirm that your use of LF and its Services is lawful in every jurisdiction in which you access or utilize the Site.

12.3 Disclaimer of Warranties for Site and Products

You acknowledge that your reliance upon LF’s Services, content, and products is undertaken entirely at your own risk. The Services are provided on an "as is" and "as available" basis, without any warranties of any nature, whether express or implied. LF expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. LF does not warrant that the Services will satisfy your requirements, operate without interruption, be timely, secure, or free from error, or that the outcomes derived from their use will be effective, accurate, or dependable. Moreover, no warranty is extended regarding the quality, accuracy, timeliness, usefulness, completeness, or reliability of any materials on LF sites or products, nor does LF guarantee that its sites or servers are devoid of viruses or other deleterious components. Any instructions, guidance, or recipes provided are offered without any assurance of success.

12.4 Enforceability of Third-Party Indemnification

The indemnification provisions articulated in this Agreement extend to and may be enforced by LF and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers. Each such entity or individual is entitled to assert these rights against you directly.

12.5 Limitation of Liability

LF hereby explicitly disclaims any and all warranties and liability for information disseminated through its website or via any communication medium, including, but not limited to, email, chat, telephone, and social media, particularly concerning health and nutrition supplements. The information furnished is strictly intended for consultation with qualified healthcare professionals and shall not be construed as constituting medical advice. LF offers no assurances regarding the efficacy, safety, nutritional potency, or general suitability of any products offered. These products have not been evaluated by the U.S. Food and Drug Administration (FDA) or the United States Department of Agriculture (USDA) and are not intended to diagnose, treat, cure, or prevent any disease. Under no circumstances shall LF be held liable for any damages arising directly or indirectly from your utilization of the Site, Services, content, or any products or information furnished, including, without limitation, lost profits, business interruption, medical expenditures, or legal costs, irrespective of the legal theory upon which any claim is predicated (e.g., warranty, contract, tort, strict liability), even if LF has been previously apprised of the potential for such damages.

12.6 Medical Disclaimer and Health Information Guidance

12.6.1 General Information Disclaimer

The content disseminated on the Lean Factor website is provided strictly for general informational purposes and shall not be construed as professional medical advice, diagnosis, or treatment. LF explicitly disclaims all representations and warranties concerning the efficacy, safety, potency, or suitability of any specific nutrient or product for any individual or circumstance. The applicability of such information may vary, and it must never be used as a substitute for professional medical consultation. For comprehensive details, please refer to our Legal Notice Disclaimer.

12.6.2 Consultation Requirement

Individuals are strongly advised to consult with a qualified healthcare professional prior to initiating any dietary, nutritional, herbal, or homeopathic supplement regimen, or before commencing any new diet, exercise, or supplementation program. This recommendation is particularly crucial for individuals under the age of 18, those who are pregnant or nursing, or those with preexisting health conditions. Your healthcare provider is best positioned to determine the appropriateness of any regimen for your specific needs.

12.6.3 Caution Against Disregarding Professional Advice

Under no circumstances should you disregard or postpone seeking professional medical advice based upon information presented on the LF website or through communication with LF. Should you have a medical concern or suspect one, immediate consultation with your healthcare provider is imperative. LF does not endorse or validate any specific tests, studies, physicians, products, procedures, or opinions that may be referenced on the Site; all such utilization is undertaken solely at your own risk.

12.6.4 FDA Disclaimer and Product Information

All information, products, descriptions, claims, reviews, and testimonials contained within this Site have not been evaluated by LF or the U.S. Food and Drug Administration (FDA) and are furnished exclusively for informational purposes. They are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Professional consultation with a healthcare practitioner is always required before using any product or initiating any dietary, exercise, or supplementation program.

12.6.5 Safety and Well-Being Emphasis

Lean Factor places paramount importance on your safety and well-being. We recommend consulting a qualified professional for any health concerns that persist for more than 2 weeks. Please ensure your healthcare provider is informed of any supplemental nutrition being used, and refrain from discontinuing any prescribed medication without your physician's prior consultation and approval. Individual results may differ, and any assertions of guaranteed health improvements should be considered with appropriate circumspection. The information provided is intended to support, not supplant, the professional relationship established between you and your healthcare providers.

13. PRODUCT TERMS AND CONDITIONS, PAYMENT TERMS, AND PROMOTIONS

13.1 Product Terms and Conditions

(a) Product Information and Updates:

Lean Factor (LF) routinely reviews and updates its Foods Policy and associated product information. Despite our diligent efforts to ensure accuracy, occasional inaccuracies or errors may arise in product descriptions, photographs, labeling, nutrition facts, nutritional potency, or claims. LF reserves the right to discontinue or limit product availability and to modify prices and promotions without prior notice. We remain committed to maintaining the accuracy and reliability of all information presented on our Site and Services, and we welcome feedback regarding any identified discrepancies or misrepresentations.

(b) Pricing; Availability; Errors & Corrections:

All products offered by LF are subject to availability. LF reserves the right to refuse or cancel orders if any errors related to product quantity, price, or information are detected, thereby absolving LF of any resultant liability. Should an order be canceled after your account has been charged, LF shall issue a credit to your account for the total amount charged.

To provide additional clarity and protection, the following terms apply:

1. Availability; No Obligation to FuLFill Until Acceptance

Submission of an order constitutes an offer to purchase; LF's acceptance is effectuated solely upon the dispatch of the product or via express written approval. An authorization hold, display during the cart/checkout process, or an order-confirmation email does not constitute acceptance. LF reserves the right to decline or cancel any order prior to approval, including due to pricing discrepancies, unavailability, or information errors. Should cancellation occur after your payment method is charged, a credit will be issued for the amount charged; your issuer/card network governs the posting timeframe.

2. Pricing Components; Changes; Dynamic Pricing

Prices, promotions, discounts, fees, taxes, shipping/handling, and surcharges are subject to change at any time before acceptance and without prior notice. We do not honor price matches for historical prices, third-party prices, or prices presented in cached or screenshot formats.

3. Misprints, System/Algorithm Errors, and “Obvious” Errors

Notwithstanding our diligent efforts, a limited number of product listings may contain inaccuracies in pricing or include typographical, rounding, currency conversion, data feed, or promotional stacking errors. Should the correct price exceed the displayed price, LF reserves the right (at its sole discretion) to either (i) contact the purchaser for instructions prior to shipment, (ii) cancel the order and provide notification, or (iii) propose an alternative. Conversely, if the correct price is lower, we may elect to charge the lower price or cancel and reissue options. Prior to acceptance, we reserve the right to cancel any order where the price is clearly erroneous.

4. Reference (“Compare-At”) Prices and Strikethroughs

Any reference price, such as “compare-at,” “reference,” “list,” “MSRP,” “was,” or “manufacturer’s suggested,” is provided strictly for comparison. These values may be derived from brand/supplier data or LF’s historical pricing and may not reflect prevailing market prices across all trade areas at all times. LF is committed to presenting accurate and non-misleading reference prices, in full compliance with applicable legislation, including the FTC Guides Against Deceptive Pricing.

5. Coupons, Promo Codes, and Stacking

Promotional offers, which encompass, but are not limited to, coupons, promotional codes, subscription or bulk price reductions, and temporary promotions, are subject to modification or complete withdrawal without prior notification. The eligibility for these offers may be restricted by conditions related to Stock Keeping Unit (SKU), purchase volume, account standing, sales channel, geographic area, or restrictions on combining discounts. Should a price reduction be applied in error or in contravention of the explicitly stated terms and conditions of the offer, LF retains the prerogative to rescind, adjust, or annul the pertinent order(s) prior to the finalization of acceptance.

6. Marketplace, Syndication, and Caching Variance

Prices listed on third-party websites, shopping engines, cached pages, or in screenshots may be outdated or inaccurate; therefore, only the prices displayed on LF at the time of order acceptance shall be deemed valid.

7. Contract-Formation Clarification

Product pages and the cart/checkout displays constitute invitations to make an offer; a contract is not formed until LF provides its acceptance (e.g., through a shipment notice or explicit confirmation). We reserve the right to reject or cancel offers that cannot be fulfilled or were based on pricing or information errors discovered prior to acceptance (see also Sections 13.2(c)–(d)).

8. Compliance With Deceptive-Pricing And UDAP Laws (Florida And Federal)

This Section does not authorize deceptive or unfair pricing practices. LF strives to comply with the Federal Trade Commission's Guides Against Deceptive Pricing and the Florida Deceptive and Unfair Trade Practices Act (FDUTPA); this clause is intended to clarify the process of contract formation and LF's right to correct inadvertent errors while maintaining compliance with applicable law.

9. Limitation Of Liability For Pricing/Information Errors

To the fullest extent permissible by applicable law, LF disclaims liability for any indirect, incidental, special, consequential, or punitive damages stemming from inaccuracies in pricing or information; your exclusive recourse for an order cancellation resulting from such an error prior to acceptance is a refund or credit of payments rendered for the impacted order (refer to Section 10 – Limitation of Liability and Section 16 – Arbitration).

10. Subscriptions & Auto-Ship Pricing (Promotions, Renewals, And Changes)

(i) Scope and Distinction from One-Time Purchases. Subscription and auto-ship enrollments, encompassing any plans that incorporate a negative-option or auto-renewal mechanism, constitute transactions separate and distinct from singular product purchases. Initial enrollment reflects an estimated price for the first shipment; subsequent renewals shall be invoiced at the then-current subscription price for the respective item, plus any applicable taxes, shipping and handling charges, and associated fees, all of which are calculated at the time each renewal is processed, unless an explicit stipulation dictates otherwise.

(ii) Introductory and Promotional Rates Limited to Initial Shipment (Unless Otherwise Specified). Any discount designated as introductory, promotional, or "first-box only" shall apply exclusively to the initial shipment unless the specific offer explicitly provides for its continuance. Renewal shipments will not automatically incorporate coupon codes or promotional offers applied to the first shipment, absent an express statement to that effect within the terms of the specific offer. Discounts applied to subscription orders that are deemed erroneous or ineligible may be reversed or canceled prior to acceptance.

(iii) Coupon Usage and Stacking on Subscriptions. Coupons, promotional codes, loyalty credits, and limited-time offers may be structured to exclude subscription purchases or may be non-stackable with existing subscription discounts; a significant number are designed for a single, one-time application to the initial shipment only. Should a code be applicable to renewal shipments, the offer's terms shall expressly articulate this condition.

(iv) Price Adjustments for Renewals; Advance Notification and Right to Cancel. LF reserves the right to modify subscription pricing (e.g., due to fluctuations in supplier costs, changes in ingredient/commodity markets, packaging expenses, carrier surcharges, or general market conditions). Prior to the effective date of any price increase, we shall furnish advance notification via your selected contact method and/or within your account dashboard, affording sufficient time for cancellation before the next renewal is processed. Your continued subscription following the effective date constitutes acceptance of the revised price; should you disagree, cancellation must be executed before the subsequent billing or ship date. This procedure aligns with the notification and consent principles of ROSCA/ARL and with card network transparency expectations.

(v) Trials and Complimentary/Introductory Offers Converting to Paid Subscriptions. In instances where a trial or introductory offer transitions into a paid subscription, LF shall disclose all material terms (the post-trial price, billing frequency, and instructions for cancellation) and provide a renewal notice as required (e.g., in accordance with card-network guidance for the first post-trial charge). By enrolling, you authorize LF to charge the payment method on file until such time as you submit a formal cancellation.

(vi) Compliance Statement (ROSCA, State ARLs, and Evolving FTC Regulations). LF is committed to compliance with the Restore Online Shoppers' Confidence Act (ROSCA) and applicable state Automatic Renewal Laws (ARLs), such as California Business and Professions Code § 17600 et seq. This commitment includes providing clear material terms, obtaining express informed consent, and establishing simple, timely cancellation mechanisms. Portions of the Federal Trade Commission’s negative-option rule remain subject to change; to the extent such requirements become applicable and enforceable, LF shall adhere to all final stipulations.

(vii) Payment Method, Authorization Holds, and Transaction Failures. For each renewal transaction, you authorize LF to first place an authorization hold on the payment method and subsequently capture the charge upon acceptance and dispatch of the order. Should a payment fail (due to an expired card, insufficient funds, or issuer decline), LF may initiate attempts to re-process the payment, request the provision of a new payment method, temporarily suspend or cancel the subscription, or adjust the scheduled ship date. (The time required for refunds or credits to post is dependent upon your issuing institution or card network.)

(viii) Out-of-Stock Items, Discontinuation, and Substitutions. If an item included in your subscription is temporarily out of stock or has been discontinued, LF may elect to bypass that item, cancel the renewal specifically for that item, or, with your express consent, substitute a comparable item at the then-current subscription price. LF will notify you should a material change impact your order, affording you the opportunity to review or cancel the subscription.

(ix) Contract Formation and Acceptance for Renewals. Each renewal request constitutes your offer to purchase the subscribed item(s) at the then-current subscription price; acceptance is finalized only upon the item's dispatch or through explicit written confirmation. LF retains the right to decline or cancel a renewal prior to acceptance, including in cases involving pricing or information errors. Should cancellation occur after a charge has been posted, LF shall credit the charged amount; the posting time is dependent upon your issuing institution or card network.

(x) Mispricing Safeguard for Subscriptions. The mispricing rules outlined in Section 13.1(b)(3) apply equally to all subscriptions; LF may cancel or correct an obvious misprice on a renewal prior to formal acceptance.

(xi) Authorized Distributor and Warranty Policy.  To preserve product quality and guarantee reliability, LF maintains a meticulously managed network of authorized dealers. Product warranties shall be honored exclusively for items procured directly from LF or an authorized LF dealer and require presentation of valid receipts or proof of purchase. Products acquired from unauthorized dealers, or those where the original product label has been removed or visibly altered, shall void any and all applicable warranties. Customers are strongly advised to verify the authenticity of dealers to ensure both product quality and the validity of their warranty.

13.2 Terms of Payment and Account Responsibilities

(a) Purchasing Terms:

All e-commerce transactions facilitated by LF, or its authorized service provider, are subject to the stipulations of this Agreement. LF expressly disclaims responsibility for goods or services procured via external websites or pages, including those linked from our Site. Issues concerning a product must be reported for support within a period of thirty (30) days from the date of receipt. The sole and exclusive remedy for product issues, and the maximum liability of LF, shall be strictly limited to the amount paid by you for the product.

(b) Acknowledgment of Payment Terms:

You hereby acknowledge that LF reserves the right to levy charges for its services and may modify its fee structure at its sole discretion. Should your account or membership be terminated due to a material breach of this Agreement, no refund of prepaid fees or payments shall be issued. By purchasing or utilizing LF credits or submitting direct payments, you formally assent to adhere to the applicable payment terms.

(c) Payment Procedures:

Payment is mandatory prior to acceptance or shipment, unless an alternative arrangement has been formally agreed upon in writing by an authorized representative of LF. Acceptable payment methods encompass credit card, money order, wire transfer, or other prearranged methods, all of which are subject to requisite credit approval. LF reserves the prerogative to invoice certain items within a single order separately. Price quotations shall remain valid for the specified duration, and orders shall become legally binding only upon LF’s formal, written acceptance.

(d) Order Acceptance and Limitations:

The mere issuance of an order confirmation shall not constitute acceptance or a binding offer to sell. LF reserves the exclusive prerogative to accept or decline any order up to the point of delivery. LF may impose quantity limitations and shall provide the requisite notification should such limits be applied to your order. Orders exceeding the value of $500.00 necessitate pre-approval pursuant to our established credit and fraud-prevention policy. LF reserves the right to refuse, cancel, or mandate the return of products that fail to satisfy these stipulated conditions (or for any other legitimate reason), consistent with the stipulations set forth in § 16 (Arbitration).

(e) Taxes and Shipping Charges:

The purchaser shall bear sole responsibility for all taxes associated with the sale or use of our products. Taxes and shipping charges shall be itemized separately on the invoice. Absent the presentation of a valid tax-exemption certificate, the purchaser is liable for all applicable sales and other taxes, with the exception of LF’s franchise or net-income taxes. Depending upon product availability, items comprising a single order may be shipped in multiple packages.

(f) Password Security and Account Usage:

Subsequent to registration, the user shall select a password. The user is obligated to maintain the confidentiality of this password and is strictly prohibited from utilizing the credentials of another member or disclosing their own. The user must immediately furnish LF with notice of any unauthorized use or security breach. The user is solely and exclusively accountable for all activities conducted through their respective account.

(g) Accessibility Commitment:

LF is resolutely committed to accessibility and adheres to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA in the design and development of our products and digital services. LF conducts both internal and third-party audits employing assistive technologies (e.g., JAWS, NVDA, VoiceOver, TalkBack). Kindly refer to our Accessibility Statement for comprehensive details.

(h) Title and Risk of Loss:

Title to products (and any associated software) shall remain vested in LF or the applicable licensor(s). The risk of loss transfers from LF to the purchaser upon shipment from our facility. Should LF select the carrier, LF assumes responsibility for transit loss or damage; conversely, should the purchaser designate the carrier, the responsibility for transit loss or damage shall be exclusively borne by the purchaser.

13.3 Terms and Conditions for Promotions at Lean Factor

(a) Promotion Overview:

LF may offer various promotions, including, but not limited to, coupons, contests, sweepstakes, sales, auctions, discounts, and special offers (collectively, “Promotions”), which shall be accessible through our Site or affiliated community sites.

(b) Additional Terms for Promotions:

Each individual Promotion shall be governed by its own set of Additional Terms, which are hereby incorporated into this Agreement by reference. Participation in any Promotion signifies the participant's unconditional acceptance of such terms.

(c) Reservation of Rights:

LF reserves the unilateral right to modify, cancel, or otherwise amend any Promotion at any time and for any reason without prior notification. Furthermore, LF may, at its sole discretion, disqualify any participant or withdraw any offer.

(d) Eligibility:

Participation is restricted to individuals who possess the legal capacity to enter into binding contracts. Employees of LF and their immediate family members may be explicitly excluded. The specific eligibility criteria applicable to each Promotion shall be detailed within its respective terms.

(e) Promotion Period:

Each Promotion shall run for the duration specified in its Additional Terms. LF retains the right to modify this duration at its discretion.

(f) Participation and Entry:

Entrants must strictly adhere to the instructions set forth in the Promotion details. Incomplete entries, submitted late, or otherwise non-compliant with the requirements may be subject to disqualification.

(g) Prizes and Redemption:

The particulars of the prizes, including their nature, approximate value, and terms of redemption, shall be provided for each Promotion. Prizes are strictly non-transferable and must be accepted in the form awarded. The recipient shall be solely responsible for all applicable taxes and fees.

(h) Winner Selection and Notification:

Winners shall be selected in accordance with the method stipulated in the Promotion’s terms and notified accordingly. Any failure to timely respond, claim the prize, or comply with the requisite conditions may result in the forfeiture of the prize.

(i) General Conditions:

All participants are required to comply with all applicable laws and regulations. LF reserves the right to disqualify any participant found to be engaging in fraudulent or unfair practices.

(j) Limitation of Liability (Promotions):

LF shall not be held liable for any errors, omissions, interruptions, deletions, defects, delays, or failures in the execution or administration of the Promotions. LF reserves the right to cancel or modify Promotions as a result of unforeseen circumstances.

(k) Privacy for Promotions:

Participation constitutes an explicit agreement to the collection and utilization of personal information in accordance with LF’s established Privacy Policy and any supplementary Promotion-specific terms.

14. ENTIRE AGREEMENT AND GOVERNING LAW

14.1 Entire Agreement Clause

This Agreement, along with all legal policies and notices referenced herein, including, but not limited to, the Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Bot & Crawler Policy, GDPR Statement, and CCPA Opt-out, constitutes the complete and exclusive agreement between you and LF concerning your use of the LF website and Services. This Agreement supersedes all prior or contemporaneous agreements, communications, or proposals, whether written or oral, pertaining to the Site and Services. A printed rendition of this Agreement, including any electronic notices, shall be admissible in judicial or administrative proceedings to the same extent and under the same conditions as original business documents and records generated and maintained in printed form. The parties mutually covenant that this Agreement and all associated documentation shall be drafted and interpreted exclusively in the English language, and in the event of any discrepancy or conflict, the English version shall govern and control.

14.2 Governing Law

This Agreement, inclusive of all terms contained herein, shall be governed by and construed strictly in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. By entering into this Agreement, you hereby waive any and all objections to the jurisdiction and exclusive venue of the state and federal courts situated in Florida.

15. MISCELLANEOUS PROVISIONS

15.1 Force Majeure

LF shall be excused from liability for any failure to perform or delay in the performance of any obligation under this Agreement that results from events beyond its reasonable control, including, but not limited to, acts of God, labor disputes, governmental regulations, war, terrorism, or any other unforeseen occurrences (collectively, "Force Majeure"). In such circumstances, the performance obligation shall be suspended for the duration of the Force Majeure event.

15.2 User Feedback and Submissions

Any feedback, suggestions, or other information provided by you concerning the Site, products, or Promotions shall become the exclusive property of LF. By tendering such information, you hereby grant LF a perpetual, worldwide, royalty-free license to utilize, reproduce, modify, distribute, and disclose said information without any concomitant obligation for compensation or attribution.

15.3 Third-Party Content and Links

The Site may incorporate links to external websites or display content originating from third-party sources. LF does not govern, endorse, or accept any responsibility for the veracity, dependability, or lawful nature of such third-party content or external websites. Your access to any third-party content is undertaken at your sole risk, and LF shall bear no liability for any detriment or loss arising from your engagement with such content.

15.4 Electronic Communications and Consent

By utilizing the Site and Services, you grant your consent to receive electronic communications from LF. Such communications, including all notices and supplementary information, shall be deemed to have been properly served if transmitted to the email address you have furnished, and these electronic communications shall possess the identical legal force and effect as written notifications.

15.5 Modifications to Product or Promotional Terms

LF retains the prerogative to amend, update, or discontinue any product specifications, pricing, promotions, or associated terms at any time. Any such amendments shall be posted on the Site and shall become effective immediately upon posting. It is incumbent upon you to review the applicable terms periodically.

16. DISPUTE RESOLUTION; BINDING INDIVIDUAL ARBITRATION; CLASS-ACTION WAIVER; DELEGATION; PUBLIC-INJUNCTIVE RELIEF SAVINGS; REGULATORY CARVE-OUT; MASS-ARBITRATION PROTOCOL; SPECIAL NOTICE-AND-CURE FOR PROP 65 AND ADA; INTERNATIONAL PRIVACY CLAIMS; FEES; CONFIDENTIALITY; OPT-OUT; SURVIVAL

PLEASE READ CAREFULLY. THIS SECTION SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

This § 16 is intended to be interpreted to the maximum extent permitted by law, and except where prohibited, governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, and, where FAA does not apply, the laws of Florida.

16.1 Mandatory Pre-Arbitration Informal Resolution (90 Days); Required Notice

(a) Activation of 90-Day Resolution Period. Before either party may commence arbitration (or, where permitted by this § 16, litigation), the aggrieved party must send a written “Notice of Dispute” to legal@LeanFactor.com and, if you are the consumer, by certified U.S. mail to:

Lean Factor, LLC

Attn: Legal Department

5407 N Haverhill Rd Unit 337

West Palm Beach, FL 33407

The Notice (personally signed, under penalty of perjury) must state:

1. “Notice of Dispute” in the subject line;

2. claimant’s name, phone, email, and physical address;

3. the date the claim first arose;

4. a detailed statement of facts and legal theories with supporting documents;

5. the specific relief sought and dollar computation;

6. proof of purchase or an account relationship with LF.

(b) Individualized Conference. Within 30 days of a valid Notice, the parties (and counsel, if any) shall participate in a live video or in-person conference. Each Notice may address only one account or transaction. Conferences are individual unless all parties agree otherwise.

(c) Good-Faith Requirement; Tolling; Enforcement. Statutes of limitations and filing deadlines are tolled for 90 days. Any court of competent jurisdiction may compel compliance or stay proceedings pending completion. Arbitration administrators shall refuse to accept filings that facially bypass this step (unless prohibited by law).

(d) Mass-Demand Protocol. If ≥ 75 substantially similar Notices represented by the same or coordinated counsel are received within any rolling 60-day window, LF may, at its sole election: (i) require claimants to proceed in sequential bellwether batches of ten (10), or (ii) opt out of arbitration for those batched claims and litigate them exclusively in the courts specified in §16.8 (Venue). The arbitrator (or procedural arbitrator) decides similarity/threshold questions. Filing fees for demands violating this subsection shall be borne by the filing party.

(e) Confidential Settlement Communications. All statements made during these 90 days are confidential settlement communications inadmissible under Fed. R. Evid. 408 and Fla. Stat. § 90.408.

16.2 Acknowledgment of Interstate Commerce and Governing Law

The Parties acknowledge that these Terms involve interstate commerce. Any arbitration conducted under these Terms of Use is governed by the FAA (9 U.S.C. §§ 1–16). All disputes, claims, or controversies arising after the effective date of these Terms, including those stemming from the TOU or your use of the Services (“Dispute”) shall be resolved exclusively through binding arbitration, except as expressly provided in §16.21 (provisional remedies & IP/confidentiality) and §16.27 (government-led Prop 65 enforcement carve-out).

16.3 Initiation of Binding Arbitration

If a Dispute persists beyond the Initial Dispute Resolution Period and any subsequent discussion or negotiation, either party may initiate binding arbitration. Arbitration shall proceed under the JAMS Comprehensive Arbitration Rules and Procedures (including any applicable Expedited Procedures), unless the matter constitutes a Mass Arbitration subject to NAM under §§16.13–16.14. If JAMS is unavailable, either party may file with another recognized administrator (e.g., AAA, FORUM) whose rules are substantially similar to the JAMS Expedited Procedures. If any administrator’s rules conflict with this Arbitration Agreement, this Agreement controls. Arbitrators must be duly licensed attorneys in the state of the arbitration with experience in the governing substantive law.

16.4 Finality and Confidentiality of Arbitral Award

The arbitrator’s decision is final and binding and may be entered as a judgment in any court of competent jurisdiction. The Parties shall maintain strict confidentiality of the arbitration (including its existence, submissions, hearings, and award), except where disclosure is required by law or necessary to implement or enforce the award.

16.5 Arbitration Rights and Obligations

The Parties “Customer” (including Reseller, Wholesaler, Consumer, and/or Website Visitor) and “Lean Factor” (including its Service Providers as defined in the TOU), may require any Dispute of any kind (contract, tort, statute, equity) to be resolved exclusively through arbitration once the prerequisites herein are satisfied.

16.6 Commencing Arbitration

After the Initial Dispute Resolution Period ends, a party electing arbitration shall serve a written arbitration demand on the other party and the chosen administrator. Demands against LF must be addressed to Lean Factor, LLC, Attn: General Counsel, at the address above. By filing, the party and counsel certify that:

(i) the arbitration is commenced in good faith and not for harassment or undue delay; (ii) the claims are supported by existing law or a well-founded, non-frivolous argument for establishing or modifying existing legal principles; (iii) factual assertions are, or upon reasonable investigation will be, supported by credible evidence; and (iv) all conditions precedent have been satisfied. The arbitrator may decide dispositive motions (e.g., judgment on the pleadings, summary judgment).

Both parties agree to participate in the required procedures fully and to execute all documentation to effectuate the arbitration. The arbitrator may issue definitive rulings on dispositive motions, including judgment on the pleadings, summary judgment, or partial summary judgment.

16.7 Timeliness and Confidentiality of Proceedings

All participants (administrator, arbitrator(s), parties) shall endeavor to conclude the proceedings within 180 days from the claim’s initiation, where feasible. Confidentiality of all arbitral proceedings is paramount and must be maintained, except for disclosures mandated by law or necessary for routine business operations. The FAA governs; where inapplicable, Florida law applies.

16.8 Designation of Venue; Hearing Location; Language

For all residents (U.S. and non-U.S.), hearings are held in Palm Beach County, Florida. Claims ≤ $25,000 may be decided on documents unless the arbitrator requires a hearing. Parties may appear remotely unless the arbitrator orders otherwise. Proceedings are in English. Disputes not subject to arbitration (e.g., qualifying small-claims actions you elect to file in your local small-claims court) may be brought in state or federal courts in Palm Beach County, Florida, to which both parties consent and waive objections to venue or forum non conveniens.

16.9 Small Claims Court Alternative

Either party may elect to proceed in small-claims court where jurisdictional limits allow. If arbitration is initiated before an arbitrator is appointed, either party may elect small-claims by written notice to the other party and the administrator; the administrator may close the arbitration, and no filing fees shall be owed. Any dispute over small-claims suitability is decided by the small-claims court (or another court of competent jurisdiction), not the arbitrator.

16.10 Authority and Resolution of Arbitrator

The arbitrator shall issue a written, final, and binding decision. Upon request, the arbitrator will provide a reasoned award. The arbitrator must follow applicable law; any award may be entered in any court with jurisdiction.

16.11 Delegation of Arbitrability and Scope

The arbitrator has exclusive authority to determine the scope, validity, enforceability, and applicability of this arbitration agreement (including gateway questions of arbitrability) and may grant any legal or equitable relief available in court.

16.12 Cost and Fee Allocation

Allocation of attorneys’ fees, costs, and arbitration expenses is governed by applicable law and the administrator’s rules. The administrator shall enumerate all fees/expenditures consistent with statutory limits. Typically, each party bears its own attorneys’, experts’, and witness fees, unless otherwise required by law. If a party’s claims/defenses/procedures are unsubstantiated, vexatious, harassing, or frivolous, the opposing party may seek fee-shifting in the arbitrator’s discretion.

16.13 Configuration of Mass Arbitration with NAM

If twenty-five (25) or more demands concerning similar subject matter or common legal or factual issues are filed by the same or coordinated counsel, they are a “Mass Arbitration.” Such proceedings are not governed by JAMS or administered by JAMS; instead, they are conducted by National Arbitration and Mediation (NAM) under its Mass Filing procedures, excluding any rules that would permit class-wide arbitration. Each claim must follow NAM’s forms/directives. If either party fails to comply, the other may petition NAM for enforcement orders. Arbitrations/fees are held in abeyance pending enforcement. If these procedures are held invalid or NAM declines, the matters proceed with AAA per this Agreement.

16.14 Management and Efficiency in Mass Arbitration

The parties shall cooperate to ensure efficiency and cost-effectiveness, including: (1) appointing a Procedural Arbitrator with authority to sequence batching/bellwethers and process-streamlining proposals; and (2) adopting an expedited schedule.

16.15 Class and Collective Action Waiver

To the maximum extent permitted by law, you and LF agree to resolve all disputes solely on an individual basis. You waive any right to participate in any class, collective, consolidated, or representative action (including class arbitration). No consolidation of multiple individual claims is permitted without both parties’ express written consent. If you file a class or representative action against LF, you shall remit to LF $500 per day until withdrawn, and you are responsible for all related costs and legal fees incurred by LF.

16.16 Jury Trial Waiver

By accepting the TOU, both parties waive the right to a jury trial. Either party may still pursue small-claims court where eligible. A party that refuses to arbitrate after a proper demand shall bear the other party’s costs/fees incurred to enforce this clause.

16.17 Prescriptive Period for Commencement of Actions

Any claim or cause of action arising from or related to the Services or these Terms must be commenced within one (1) year of accrual, or it is permanently waived, applies equally in arbitration.

16.18 Severability; Anti-Consolidation

If any provision of §16 is found unenforceable, that provision is severed; the remainder remains in effect. The class/collective/representative waiver is material; if a final court finds that waiver unenforceable for a particular claim, that claim is stayed and proceeds in court while all other claims continue in individual arbitration.

16.19 Right to Opt-Out of Arbitration and Class-Action Waiver

You may opt out of §§16–17 within 30 days of the later of (a) first use after the Effective Date or (b) any material change to arbitration provisions. Email legal@LeanFactor.com 

AND send certified U.S. mail to the address in §16.1 with subject “ARBITRATION OPT-OUT,” including (i) full legal name, (ii) mailing address, (iii) account/order email, (iv) phone, and (v) a clear opt-out statement. If timely, neither party can compel arbitration; both consent to exclusive jurisdiction of state/federal courts in Palm Beach County, Florida.

Mass-Arbitration Safeguard. Notwithstanding an individual opt-out, LF may unilaterally withdraw from arbitration and compel court adjudication of related disputes if ≥ 75 demands based on the same/similar theory are filed within a rolling 90-day window (does not affect already-completed arbitrations). Opt-out is non-retroactive and does not affect arbitrations already filed or substantially prepared. No retaliation for opting out.

16.20 Scope and Survival

SCOPE. THIS AGREEMENT COVERS ALL DISPUTES BETWEEN YOU AND LF (INCLUDING PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS) ARISING OUT OF OR RELATING TO THE SITE, SERVICES, CONTENT, COMMUNICATIONS (EMAIL, SMS, CHAT, PHONE, SOCIAL MEDIA), TRANSACTIONS, OR THIS TOU, REGARDLESS OF THEORY (CONTRACT, TORT, STATUTE, REGULATION, OR EQUITY), INCLUDING: BREACH OF EXPRESS/IMPLIED WARRANTY; UNFULFILLED CONTRACTUAL OBLIGATIONS; FRAUD/FRAUDULENT INDUCEMENT; MISTAKE; MISREPRESENTATION/OMISSIONS; UNFAIR OR DECEPTIVE ACTS/ PRACTICES; COMMUNICATIONS-BASED OR NOTICE-BASED THEORIES; PRIVACY/DATA-PROTECTION THEORIES; AND IP DISPUTES (PATENT, COPYRIGHT, TRADEMARK, TRADE-SECRET). THIS ALSO COVERS DISPUTES ARISING FROM AUTOMATED OR PROGRAMMATIC ACCESS (BOTS, CRAWLERS, SCRAPERS, AI/ML SYSTEMS) AND CROSS-BORDER USE BY NON-U.S. USERS.

SURVIVAL. THIS AGREEMENT SURVIVES ANY TERMINATION, EXPIRATION, ACCOUNT CLOSURE, ORDER FULFILLMENT/CANCELLATION, ASSIGNMENT, OR MODIFICATION OF THE TOU; APPLIES RETROACTIVELY/PROSPECTIVELY AS STATED; AND CONFIRMS NO CLASS/COLLECTIVE/REPRESENTATIVE PROCEEDINGS (SEE §16.15). DELEGATION: THRESHOLD ARBITRABILITY QUESTIONS GO TO THE ARBITRATOR (§16.11). THE FAA GOVERNS; WHERE NOT APPLICABLE, FLORIDA LAW APPLIES, CONSISTENT WITH §8 (GOVERNING LAW; VENUE).

16.21 Exceptions for Provisional Remedies & IP/Confidentiality

Either party may seek temporary or preliminary injunctive relief in court to preserve the status quo pending arbitration. Disputes seeking remedies for alleged intellectual-property infringement or misappropriation (patent, copyright, trademark, trade secret) may be filed in court, subject to §16.8.

16.22 Non-Waiver

No failure or delay by LF in exercising any right/remedy is a waiver, nor does a partial exercise preclude further exercise.

16.23 Limited Discovery

Discovery is limited to what is reasonably necessary, conducted per the administrator’s rules, to prevent undue burden/expense.

16.24 Interim Relief

Either party may seek temporary, preliminary, or injunctive relief from a court to maintain the status quo or protect rights pending arbitration.

16.25 Survival of Arbitration Provisions

All provisions in §16 survive termination/modification/expiration of your use of the Services or this Agreement and remain enforceable for any pre-termination claims.

16.26 Application to Accessibility (ADA/Unruh/State Equivalents)

To the fullest extent permitted by law, all disputes concerning digital/physical accessibility of our websites, mobile apps, digital content, communications, or point-of-sale interfaces, including Title III ADA, Unruh Civil Rights Act, New York Human Rights Law, or similar statutes, shall be resolved exclusively by individual arbitration under §16. Nothing limits LF’s voluntary accessibility-improvement programs or remediation undertakings. See the Accessibility Statement (incorporated by reference).

16.27 Application to California Proposition 65 (Prop 65)

Except for enforcement actions brought directly by governmental authorities or authorized private enforcers under Cal. Health & Safety Code § 25249.7 (which are not “Disputes” between you and LF), any dispute between you and LF relating to Proposition 65 disclosures, warnings, labeling, or online notices, including adequacy of warnings or reliance/misrepresentation theories, shall be resolved exclusively by individual arbitration under §16. See the California Prop 65 Notice (incorporated by reference).

16.28 Application to GDPR/International Privacy Disputes and CCPA/CPRA

(a) Individual monetary claims. To the extent permitted by applicable law, individual disputes between you and LF seeking monetary relief related to personal-data processing (including compensation claims under GDPR Art. 82, UK-GDPR/UK-DPA 2018, or comparable laws, and California CCPA/CPRA private claims where permitted) shall be arbitrated on an individual basis under §16.

(b) Regulatory complaints preserved. Nothing limits your right to file a complaint with a data-protection authority or seek non-monetary regulatory relief (e.g., under GDPR Arts. 77–79). Any private claim for damages, fees, or individual injunctive relief between you and LF remains subject to this arbitration agreement. See our Privacy Policy (incorporated by reference).

16.29 Regulatory Cooperation; No Backdoor to Court

This Agreement does not prevent either party from (i) cooperating with or responding to subpoenas, CIDs, or lawful regulator requests; or (ii) seeking interim judicial relief under §16.24. Any remaining private disputes between you and LF remain subject to individual arbitration and may not be repurposed as class, collective, representative, or private-attorney-general claims.

16.30 FAA Preemption; Class-Waiver Confirmation

This Agreement is governed by the FAA, which preempts state rules conditioning enforcement on class/collective procedures. Class, collective, and representative proceedings (including class arbitration) are waived as set forth in §16.15.

16.31 Delegation, Threshold Questions to the Arbitrator

The Parties clearly and unmistakably delegate to the arbitrator (not any court) all threshold questions of scope, validity, enforceability, and arbitrability. Courts shall enforce this delegation.

16.32 Timely Invocation; Litigation Waiver

The Parties agree to timely invoke arbitration and not litigate inconsistently with this Agreement. A party can waive arbitration through litigation conduct, and no showing of prejudice is required.

16.33 Online Assent; Agents, Bots, and Automated Access

Assent to §16 (and the TOU) is obtained via click-through, signed order forms, or continued use after reasonable notice, and is further evidenced by transactional logs/technical records. Any access, human or automated (including bots, crawlers, scrapers, or AI/ML systems), is conditioned on acceptance of the TOU. Automated agents act with authority to bind their principal; if not, the user and the requesting entity agree to joint and several liability for any breach. Where click-wrap is offered for orders/accounts, it supersedes browse-wrap.

16.34 E-Signatures and Record Authentication

The Parties consent to electronic signatures and business records (including server logs, payment-processor records, and third-party security logs) to establish contract formation, notice, and performance, and waive objections to admissibility based on electronic form.

16.35 Mass-Arbitration Cost and Process Management

The mass-arbitration protocols in §§16.13–16.14 apply to all consumer, privacy, accessibility, and Prop 65-related claims between you and LF. The administrator/arbitrator may, consistent with the FAA and administrator rules, order reasonable batching and bellwethers; stay or sequence filings; and impose fair cost-sharing or fee-shifting for frivolous/bad-faith filings while preserving individualized adjudication.

16.36 California PAGA (Representative) Claims

To the fullest extent permitted by law, individual PAGA claims (seeking civil penalties based on alleged Labor Code violations affecting the claimant) shall be arbitrated on an individual basis under §16. Representative PAGA claims (seeking penalties on behalf of other aggrieved employees) are severed and, if not arbitrable, stayed pending resolution of the individual arbitration. The Parties agree to cooperate to stay or coordinate any non-arbitrable PAGA remainder to avoid duplicative proceedings.

16.37 Public-Injunctive Relief Savings (McGill-Compliant)

Nothing in §16 precludes either party from seeking public-injunctive relief (relief primarily benefiting the general public) in arbitration to the extent such relief is available under applicable law. Any waiver of the right to seek public-injunctive relief in any forum is not required and shall be severed to the minimum extent necessary to comply with governing law, while the remainder of §16 continues in full force.

16.38 Covered Parties as Third-Party Beneficiaries

Without limiting §16.20, LF’s parents, subsidiaries, affiliates, officers, directors, employees, agents, suppliers, licensors, and service providers are intended third-party beneficiaries of §16 and may invoke and enforce this arbitration agreement to the same extent as LF.

16.39 Policy Cross-References (Notice of Incorporation)

For avoidance of doubt, disputes “arising out of or relating to” the Accessibility Statement, California Prop 65 Notice, Privacy Policy (including CCPA/CPRA & GDPR statements), Agent Terms, Content Policy, Mobile Terms of Service, DMCA Compliance Statement, Advertising & Analytics Policy, and Information & Security Policy are within §16’s scope and shall be arbitrated individually, except where §16.21 or §16.27 expressly provides otherwise.

16.40 Governing Language; No Conflict

For arbitration administration and hearings, the English-language version of the TOU (including §16) controls. Translations are for convenience only. In the event of a conflict, the English version governs.

16.41 Modification of Arbitration Procedures

LF may reasonably modify administrators or procedural selections in §16 to reflect changes in market availability (e.g., if JAMS/NAM/AAA revise, suspend, or discontinue rules) provided such modifications do not expand class/representative proceedings, restrict your ability to bring individual claims, or increase your fee burden beyond the applicable administrator rules.

17. PRODUCT DIVERSION, CONTROLLED RESALE, LICENSE & CONTENT USE

17.1 Compliance and Personal-Use Representation

You agree to comply with all applicable federal, state, and local laws. By purchasing products from Lean Factor (“LF”), you hereby represent and warrant that all such purchases are exclusively for personal, non-commercial use and are not intended for resale or redistribution, unless you operate as an expressly authorized retail partner pursuant to a written authorization granted by LF.

17.2 Authorized Resale Restrictions

Resale of LF products is strictly limited to retail partners formally designated and authorized by LF. No individual or entity may acquire products from LF or an authorized partner with the intent to resell them without LF's express written consent. Without such written consent from LF, sales on third-party marketplaces (including, but not limited to, Amazon, eBay, Walmart, or similar platforms) are strictly prohibited. Authorized partners shall not sell to any party known or reasonably suspected of engaging in unauthorized resale. Upon independently learning, or being notified by LF, of sales directed toward an unauthorized reseller, the authorized partner must immediately cease such transactions. (Refer to § 17.18 for available remedies and § 16 for provisions governing arbitration.)

Note on trademark/“first sale”: Unauthorized resales that fail to satisfy LF’s stipulated quality-control standards or that present material differences (e.g., altered identifying codes, expired or improperly handled goods) may fall outside the protections afforded by the first-sale doctrine and may be subject to enforcement action.

17.3 Product Handling and Storage (Authorized Partners)

Authorized partners are required to adhere to LF’s specifications (including Material Safety Data Sheets and other written directives), maintain secure, climate-controlled storage facilities, and fully cooperate with product recalls or safety notices. Partners must maintain operational customer service capabilities (via telephone and email) and utilize current images and descriptions to ensure accurate representation of LF products. Unauthorized retailers are prohibited from using LF copyrights, trademarks, or other intellectual property.

17.4 Packaging and Branding Compliance

Authorized partners are strictly required to sell LF products solely in their original, unaltered packaging. This prohibition extends to, but is not limited to, relabeling, repackaging, or any form of alteration to the packaging or accompanying literature. Tampering with or removal of serial numbers, UPCs, batch/lot codes, SKUs, or other identifying marks is expressly forbidden. The utilization of LF trademarks, logos, icons, names, taglines, and slogans is permissible only to the extent explicitly authorized by LF and must cease immediately upon request. Partners shall not bundle or represent LF products with non-LF products in a manner that could be construed as implying LF endorsement. LF reserves the right to grant limited written exceptions for demonstrably valid business purposes.

17.5 Quality Inspection and Reporting

Upon receipt, authorized partners must diligently inspect all products for any evidence of damage, defect, tampering, expiration, or non-conformity. Non-conforming products must not be offered for sale; instead, issues must be promptly reported to LF.

17.6 Unauthorized Resale; Warranty Voidance

LF unequivocally prohibits unauthorized resale and does not support it. LF cannot assure the quality or integrity of products procured and sold through unauthorized channels. LF disclaims all warranties and satisfaction guarantees for products acquired from unauthorized sellers and reserves the right to cancel orders, restrict future purchases, or enforce strict quantity limits (including controls applied across multiple accounts) when diversion for unauthorized resale is suspected.

17.7 Headings

The headings incorporated herein are for organizational convenience only and shall have no bearing on the interpretation or scope of the provisions contained within this document.

17.8 License and Access (Limited License; Anti-Scraping/AI)

(a) Ownership & Scope:

All content, data, and materials accessible via the Site and Services, including, without limitation, text, product listings, pricing, graphics, designs, user interfaces, photographs, trademarks, logos, audio, video, music, artwork, source/object code, databases, compilations, page layout and “look and feel,” and derivative works (collectively, “Content”), are the exclusive property of, or licensed to, LF and are protected by applicable U.S. and international intellectual property, unfair competition, and database rights laws. LF reserves all rights not explicitly granted herein.

(b) Limited License:

Subject to the strict compliance with the terms and conditions outlined in this TOU (and the timely payment of any applicable fees), LF hereby grants the user a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize the Site, Services, and Content for personal, non-commercial purposes only. No rights shall be conferred by implication, estoppel, or otherwise.

(c) Prohibited Uses (Illustrative):

The user is strictly prohibited from, and shall not permit, enable, or assist any other person, entity, or Automated Agent (including, but not limited to, a robot, spider, crawler, scraper, AI/ML system, or similar tool) to perform any of the following actions without obtaining LF’s express written consent, executed by an authorized officer:

PROHIBITED ACTIVITIES

1. Resale and Commercial Exploitation: Users are prohibited from reselling, licensing, renting, leasing, publishing, syndicating, or otherwise commercially exploiting the Site, Services, or Content. This prohibition extends to the creation of derivative works and the utilization of account data for the benefit of any third party.

2. Data Harvesting and Collection: It is prohibited to collect, copy, aggregate, cache, mirror, or otherwise utilize product listings, descriptions, images, reviews, specifications, or prices (including through text and data mining), or to construct or augment databases, catalogs, or price-comparison feeds.

3. Automated Access and Data Extraction: The use of data-mining, robots, crawlers, scrapers, or similar extraction tools is strictly forbidden. Users shall not circumvent or interfere with robots.txt protocols, crawl-delay settings, rate limits, authentication mechanisms, token gating, geo-fencing, or CAPTCHA, nor shall they otherwise access the Services beyond reasonable, human-scale usage. (Refer to Section 21; the Bot & Crawler Policy; and the Information & Security Policy for further details.) Unauthorized access or circumvention may constitute a violation of the Computer Fraud and Abuse Act (CFAA) and the Florida Computer-Related Crimes Act.

4. AI/ML Training or Improvement: The Content, and any output generated via the Services, shall not be used, directly or indirectly, to train, fine-tune, test, benchmark, or improve any large language model (LLM), multimodal model, machine learning (ML) model, foundation model, embedding, dataset, or any related technology.

5. Copying and Reproduction: Users are prohibited from reproducing, duplicating, copying, downloading (beyond ephemeral personal browser cache), mass-screenshotting, archiving, or "bulk exporting" any portion of the Site, Services, or Content.

6. Framing and Hidden Marks: Users shall not frame or employ framing techniques to enclose any LF trademark, logo, page layout, or form. The use of meta-tags or hidden text that utilizes LF’s name or marks is also prohibited. (Refer to the Content Policy and the Advertising & Analytics Policy.)

7. Reverse Engineering and Interference: It is prohibited to reverse engineer, decompile, disassemble, translate, adapt, or create derivative works from the Services. Users shall not probe, scan, or test the Services for vulnerabilities; introduce malware; or otherwise interfere with or unduly burden the Services or related networks.

8. Rights Infringement and Misuse: The Services shall not be used to infringe, misappropriate, or violate intellectual property rights, privacy rights, publicity rights, or any other rights, or in violation of Export Controls, Sanctions, or any applicable law.

9. Circumvention: Users are prohibited from bypassing technical or contractual access controls; using proxies, VPNs, or rotated devices to evade limits, bans, or blocks (refer to Section 21.9); or continuing access to the Services after the revocation of their license.

17.8 Grant of License (Cont.)

(d) Reservation of Rights:

No license or ownership interest shall be deemed granted, with the sole exception of § 17.8(b). LF and its licensors expressly retain all right, title, and interest in the Site, Services, and Content.

(e) Third-Party Platforms & APIs:

In instances where functionality is offered through third-party marketplaces, application stores, or Application Programming Interfaces (APIs), the User's engagement remains subject to the respective platform's terms; provided, however, that the terms most protective of LF shall govern. Applicable API Terms shall control any API access; in the absence of a fully executed API license, automated access is strictly prohibited (§ 17.8(c)(3)).

(f) Attribution & Notices:

The User shall be obligated to retain all proprietary notices on permitted copies or excerpts and shall not remove, alter, or obscure any watermark, label, batch/lot code, serial number, Stock Keeping Unit (SKU), or tracking identifier.

(g) Termination & Effect:

This license shall automatically terminate immediately upon any breach of these Terms of Use (TOU) or any incorporated policy. LF reserves the right to suspend, throttle, or revoke access with or without prior notice (refer to § 21). Subsequent to termination, the User must immediately cease all use, destroy any downloaded, cached, or stored Content (excluding purely ephemeral cache), and provide written certification of such destruction upon request. LF is entitled to seek all available remedies, including injunctive relief, monetary damages, statutory remedies, and the recovery of attorneys’ fees (refer to §§ 6, 8, 16, 21). Any unauthorized circumvention may constitute a violation of the Digital Millennium Copyright Act (DMCA) § 1201.

(h) Non-Waiver:

LF’s decision to refrain from enforcing § 17.8 in any particular instance shall not be construed as a waiver of the right to future enforcement.

17.9 Modification and Suspension of Services

LF reserves the unqualified right to modify, suspend, or discontinue any portion of the Services or Content at any time, without prior notice and without incurring any liability to the User. LF assumes no obligation or duty to update Content or Services; any updates shall be provided solely at LF’s discretion. Any use not explicitly authorized by this TOU is prohibited and may result in legal action.

17.10 User Equipment and Services

The User bears sole responsibility for the procurement and maintenance, at the User's own expense, of all necessary equipment and connectivity (including, but not limited to, telephone and internet access) required to access the Services.

17.11 Copyright and Reproduction Restrictions

No material originating from the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted without the prior written consent of LF or that of the applicable copyright owner. LF permits the display, copying, distribution, or downloading of materials exclusively for personal, non-commercial utilization, provided that such materials are not modified and all notices are retained. Any violation of this provision shall immediately terminate this permission, and the User must forthwith destroy any downloaded or printed materials. The practice of "Mirroring" on another server necessitates express written consent. Unauthorized usage may violate copyright, trademark, privacy, communications, or computer-access legislation (including the Computer Fraud and Abuse Act (CFAA) or the Florida Computer Crimes Act).

17.12 Reservation of Rights; DMCA

LF reserves all rights not explicitly granted herein. LF maintains formal procedures for addressing copyright, patent, and trademark infringement notices in accordance with the Digital Millennium Copyright Act. Users should consult the DMCA Compliance Statement for details.

17.13 Responsibility for Third-Party Content

LF accepts no responsibility or liability for third-party content posted or uploaded onto the Services. While LF may elect to review or monitor such content, LF reserves the sole discretion to remove any material deemed abusive, defamatory, obscene, fraudulent, deceptive, or violative of this TOU. (Refer to § 21.)

17.14 Licensing & IP Rights (Platform Controls)

LF reserves the sole discretion to control, restrict, or terminate access to its platforms or to delete content, including, but not limited to, content that is: (a) offensive, slanderous, or vulgar; (b) deceptive, misleading, or fraudulent; (c) infringing upon or misappropriating the intellectual property (IP) rights of a third party; or (d) otherwise deemed unacceptable by LF. Information or opinions disseminated within discussion forums are not to be construed as professional advice.

17.15 User Content & License Grant

“User Content” comprises all data, information, or materials (including, but not limited to, text, software, music, sound, photographs, graphics, video, and messages) submitted or transmitted by users, whether publicly or privately, excluding genetic or health-related information. By utilizing the Services, you hereby grant LF and its affiliates, sublicensees, successors, and assignees an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to host, reproduce, adapt, modify, translate, publish, perform, store, display, distribute, edit, reformat, and create derivative works from your User Content, without requiring additional remuneration and without transferring your underlying ownership of the content. You formally represent and warrant that you possess all requisite rights to grant this license and assume full responsibility for your User Content. LF and its designated representatives reserve the right to remove or modify User Content deemed to violate this Terms of Use (TOU) policy.

Reviews Policy: LF respects the submission of truthful and legitimate reviews; however, any review determined to be unlawful or deceptive (e.g., fraudulent, compensated, astroturfing, constituting threats, doxxing, or defamation) may be removed, consistent with the provisions of the Consumer Review Fairness Act and guidance issued by the Federal Trade Commission (FTC).

17.16 Third-Party Websites & Hyperlinks

LF assumes no responsibility for third-party websites (“Outside Sites”) linked to or from LF Sites/Community Sites and does not verify or endorse those sites or their practices. Should an Outside Site collect personal information, LF assumes no responsibility for its handling. Refer to the Privacy Policy for detailed information regarding LF’s practices.

17.17 Audit & Record-Keeping (Authorized Partners)

Authorized partners are required to maintain complete and accurate records of LF product purchases, inventory, and sales for a minimum of two (2) years, which must be made available for inspection upon reasonable notice. Failure to maintain or provide such records may result in the immediate termination of authorized status and the application of legal remedies.

17.18 Enforcement & Remedies (Non-Exhaustive)

Any breach of this Section shall constitute a material breach. LF may pursue all available legal and equitable remedies, including, but not limited to, injunctive relief, termination of authorized-reseller status, recovery of actual damages, statutory damages (where applicable), attorneys’ fees, recovery for unauthorized access or circumvention (e.g., under the CFAA, Florida Computer-Related Crimes Act, DMCA § 1201), and relief for unfair or deceptive acts. Disputes are subject to § 16 (Arbitration); where arbitration is unavailable, § 8 (Governing Law/Venue) shall apply.

17.19 Indemnification for Unauthorized Resale/Violations

Any person or entity found to violate this Section shall be obligated to indemnify, defend, and hold harmless LF, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from such violation, including, but not limited to, unauthorized resale, diversion, data scraping, circumvention, or infringement of intellectual property rights.

18. ENFORCEMENT, MODIFICATION, AND TERMINATION OF TERMS

18.1 Enforcement of Terms and Remedial Measures

You hereby acknowledge that Lean Factor (LF) retains the absolute right to enforce the stipulations of this Agreement. In the event of any breach by you, which LF deems to constitute unlawful business practices causing irreparable harm for which monetary damages alone would be insufficient, LF may, at its sole discretion, immediately terminate your access to the Services. Under such circumstances, in addition to seeking monetary damages, LF is entitled to pursue injunctive or other equitable relief as deemed necessary. These remedies shall be cumulative and shall be in addition to any other legal or equitable remedies available to LF.

18.2 Modification and Discontinuation of Services

LF reserves the right, at any time and for any reason whatsoever, to modify, suspend, or discontinue, in whole or in part, the Services without prior notification. Furthermore, LF retains the right to suspend or terminate your account and to refuse any current or future use of the Services should you violate these Terms or if a breach is reasonably suspected.

18.3 Authority to Terminate and Refuse Service

LF may, at its absolute discretion and without prior notice, terminate or suspend your access to the Site and Services for any reason, with or without stated cause. Such termination shall serve to absolve LF of any further liability or obligation to you or any third party. Notwithstanding such termination, provisions of this Agreement that by their nature survive termination, including, without limitation, ownership, warranty disclaimers, indemnification, and limitations of liability, shall continue to remain in full force and effect.

18.4 Circumstances for Termination

LF may terminate its legal relationship with you under circumstances including, but not limited to, a material breach of these Terms, failure to comply with applicable laws and regulations, discontinuation of service to your jurisdiction, or when the provision of services is no longer commercially viable. Any suspected fraudulent, abusive, or illegal activity shall serve as grounds for immediate termination of your relationship with LF, and such instances may be referred to the appropriate law enforcement authorities. LF reserves the right to restrict access for any reason, at its sole discretion.

18.5 Continuation and Termination of Agreement

This Agreement shall become effective upon your initial use of the Site or Services and shall remain in effect until terminated by either party. You may terminate this Agreement at any time by providing notification to LF. Similarly, LF may terminate this Agreement at any time, without notice, and consequently deny you access to the Services should you fail to comply with any provision of this Agreement.

18.6 Preservation and Disclosure of Information

LF reserves the right to preserve and disclose any information pertaining to your use of the Services if such action is deemed necessary to comply with applicable laws or if, in good faith, LF believes such preservation or disclosure is reasonably necessary to enforce this Agreement, respond to claims that content violates the rights of third parties, or to protect the rights, property, or safety of LF, its users, or the general public. Any such disclosure shall be executed in strict accordance with all applicable legal requirements.

18.7 Legal Action and Recovery of Costs

Should LF initiate legal proceedings against you as a consequence of your violation of these Terms, you hereby agree that LF shall be entitled to recover all reasonable attorneys’ fees and associated costs incurred, in addition to any other relief awarded by law or equity. Furthermore, you acknowledge that LF shall not be held liable to you or any third party for terminating your access to the Services due to any breach or suspected breach of these Terms.

18.8 Registration and Membership

Use of Lean Factor (LF) services and registration for membership (“Membership”) is permitted solely where legally valid. By registering, you affirm that you are at least eighteen (18) years of age, an emancipated minor, or that you have secured the express consent of a parent or legal guardian. You further represent and warrant that you possess the full legal capacity to enter into and comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use (TOU). In connection with your use of LF services, you represent and warrant that:

(a) All registration information provided by you is truthful, accurate, and current;

(b) You shall maintain the accuracy of such information;

(c) You shall create only one account, and

(d) Your use of LF services does not contravene any applicable law or regulation. A parent or legal guardian must accompany visitors under the age of eighteen (18) at all times.

18.9 LF's Rights to Investigate and Terminate

LF and its parent companies reserve the right to investigate and verify the eligibility and accuracy of all Membership information. Should it be determined that you do not satisfy the eligibility requirements, LF may, at its sole discretion, terminate your membership and access to the Services without prior notice. LF also reserves the right to cancel any outstanding orders or restrict access to services upon the occurrence of such termination.

18.10 Corporate Use

Should you access or utilize LF services on behalf of a corporation, organization, or other legal entity, you hereby represent and warrant that you possess the requisite authority to bind said entity to these Terms of Use (TOU). In such instances, the term "You" shall be construed as referring to that specific entity.

18.11 Compliance with Terms

You covenant to adhere to all terms, conditions, and notices contained within this Agreement and warrant that you shall not employ LF services for any unlawful or prohibited purpose. The use of LF services in any manner that could potentially damage, disable, overburden, or impair the Site or impede any other party's proper use and enjoyment thereof is strictly prohibited.

18.12 Registration Requirements

Registration with LF requires providing accurate and up-to-date information, including a valid email address, a secure password, and any other required details. Your account is designated as personal and non-transferable, and you bear sole responsibility for all activities transacted under your account. Individuals between the ages of thirteen (13) and seventeen (17) must furnish the explicit consent and login details of their parent or legal guardian. You are required to maintain the strict confidentiality of your login credentials and to promptly notify LF of any suspected unauthorized use or security breach.

18.13 Unique Username and Password

Certain functionalities of the Site require the establishment of a unique username and password. You are accountable for preserving the confidentiality of these credentials and for all activities conducted under your account. Immediate notification to LF is mandatory upon your becoming aware of any unauthorized use or security breach.

18.14 Display Name and Profile

Upon successful registration with LF, you may elect a display name (or utilize your first name) to accompany your profile picture. Display names are not exclusive, and you retain the right to modify your display name at any time. LF reserves the authority to alter or delete display names at its exclusive discretion.

18.15 Privacy Policy

Your utilization of LF services constitutes an affirmative acknowledgment that you have duly reviewed, comprehensively understood, and unequivocally consented to our Privacy Policy. This policy formally outlines the procedures governing the collection, use, disclosure, and retention of your personal information. The Privacy Policy is hereby incorporated by reference and shall be deemed an integral and indispensable component of this Agreement.

18.16 Assignment

LF retains the right to assign, transfer, or delegate this Agreement, whether in whole or in part, to any successor entity, affiliate, or third party without prior notice to or consent from you. You are expressly prohibited from assigning or transferring any rights or obligations arising under this Agreement without the prior written consent of LF, and any purported attempt to do so shall be deemed null and void ab initio. This Agreement shall operate for the benefit of and be binding upon the successors and permitted assigns of LF.

18.17 Notice of Modifications

LF reserves the prerogative to amend or modify these Terms at any time. Any such modifications shall be conspicuously posted on the Site and shall become effective immediately upon their posting. Your continued use of the Services subsequent to the posting of such modifications shall constitute your acceptance of the updated Terms. It remains your sole responsibility to review the Terms for any alterations periodically.

19. RETURN POLICY, MISCELLANEOUS TERMS, CALIFORNIA PROPOSITION 65 COMPLIANCE, AND RSS FEEDS & PODCASTS TERMS

19.1 Return Policy and Guidelines at Lean Factor

(a) Commitment to Customer Satisfaction and Return Eligibility:

Lean Factor maintains a steadfast commitment to ensuring customer satisfaction and shall endeavor to resolve any concerns pertaining to your order in a timely and equitable manner. Returns and refunds are governed strictly by the specific policies delineated hereinafter and are accepted exclusively at the sole discretion of Lean Factor, following an assessment conducted on an individual, case-by-case basis. All determinations regarding returns are conclusive and are not subject to appeal or dispute.

(b) Product Quality Assurance:

Our products are warranted to be fresh and pure, provided they are stored in strict accordance with our prescribed guidelines. Nevertheless, natural variations between production batches may be encountered. Requests for returns or refunds predicated solely upon individual taste or preference are generally not accommodated.

(c) Return Process and Conditions:

Returns may be considered within a period of thirty (30) days from the original purchase date. To formally initiate a return, the purchaser must first contact Lean Factor to secure a Return Merchandise Authorization (RMA) number. Products deemed eligible for return must remain unopened, unused, and in a resalable condition. As a general stipulation, opened food products do not qualify for a return. Please be advised that the costs associated with return shipping and handling for packages that are deemed undeliverable or are refused may be assessed to the purchaser, unless a confirmed error or damage directly attributable to Lean Factor is demonstrably proven.

(d) Restocking Fee and Refunds:

Upon receipt of returned items, Lean Factor shall conduct a thorough inspection of the product. At its sole discretion, a minimum restocking fee of twenty percent (20%) may be applied. Credit or refund will be processed exclusively subsequent to a satisfactory inspection. Lean Factor shall not be held responsible for return shipping costs unless a product error or damage is explicitly confirmed.

(e) Shipping Damages and Errors:

In the event of damage during shipping or errors in the products shipped, Lean Factor may, at its sole discretion, reship or refund the order and may require the return of the original shipment.

(f) Purchases from Other Retailers:

This Return Policy applies exclusively to purchases transacted directly from Lean Factor. For products purchased from other retailers or sales channels, please direct all return or redress requests to the respective seller.

(g) Customer Responsibility:

It is the customer's responsibility to review and fully understand all pertinent product information, including the country of origin and constituent ingredients, before placing an order. Should you require additional details or have inquiries concerning our Returns & Refunds Policy, please contact our customer service department directly.

19.2 Miscellaneous Terms and Conditions

(a) Non-Waiver:

The omission or postponement by Lean Factor (LF) in exercising or enforcing any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. Any waiver of any term herein shall only be effective if executed in writing and duly signed by an authorized representative of LF.

(b) Modification of Agreement:

LF reserves the unilateral right to amend this Agreement at any time, and such modifications shall take effect immediately upon their publication on the Site. The User is responsible for diligently reviewing this Agreement regularly to remain aware of any revisions. By continuing to use the Site or Services after amendments are posted, the User accepts and consents to be bound by the modified Agreement.

(c) Assignment and Delegation:

The User shall not assign or delegate any rights or obligations arising under this Agreement without the prior written approval of LF. Any attempted assignment or delegation without LF's express consent shall be null and void. Conversely, LF retains the discretion to assign or delegate, in whole or in part, its rights and obligations under this Agreement to any third party without prior notification or consent from the User. This prerogative ensures the necessary transferability and management of LF's contractual rights and responsibilities for the efficient conduct of its business operations.

19.3 California Proposition 65 Notice, Warnings, and Client Compliance Obligations

(a) Notice and Compliance with California Proposition 65:

The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) mandates that businesses furnish warnings to Californian consumers regarding significant exposures to chemicals known to cause cancer, birth defects, or other reproductive harm. As a California resident procuring products from Lean Factor, the purchaser (“client”) acknowledges that appropriate Proposition 65 warnings are dispensed for all products designated for the California market. These warnings do not constitute an admission that the products infringe upon any established safety standards. Lean Factor maintains an unwavering commitment to adhering to all pertinent safety standards and regulatory mandates. For comprehensive details, stakeholders are advised to consult the California Office of Environmental Health Hazard Assessment website.

(b) Acknowledgment of California Proposition 65 Warnings:

By accessing our website or executing a purchase of products destined for consumption within the State of California, the purchaser formally acknowledges and accepts the following required warnings:

CALIFORNIA WARNING: Can expose you to lead, a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov/food

and

CALIFORNIA WARNING: Consuming this product may facilitate exposure to chemicals, including lead, which the State of California formally recognizes as agents causing cancer and birth defects or other reproductive harm. See www.P65Warnings.ca.gov/food

For supplementary details, please visit: www.P65Warnings.ca.gov/food. These advisories are provided solely to inform consumers of potential chemical exposures and do not definitively indicate that the product is in violation of any safety standards.

(c) Client Responsibilities Under California Proposition 65:

Should the client use Lean Factor products for further manufacturing, repackaging, private labeling, or resale, the client assumes complete responsibility for ensuring strict compliance with all Proposition 65 notice requirements. This mandatory responsibility encompasses the provision of all necessary and legally compliant notices and warnings to end users, retailers, and any downstream customers for products introduced into the California market.

(d) Warning and Labeling Requirements:

It is the sole responsibility of the client to verify that all finished products containing chemicals at actionable levels pursuant to Proposition 65 are appropriately labeled with the requisite warnings. Complete adherence to all applicable laws, including Proposition 65's precise labeling and online warning mandates, is compulsory.

(e) Indemnification; Defense; Allocation Of Responsibility (Proposition 65):

(i) Scope; Parties Covered. To the maximum extent permitted by law, by purchasing, handling, marketing, repackaging, relabeling, importing, exporting, distributing, offering for sale, selling, or otherwise using any Lean Factor (“LF”) product (each, a “Product”), you whether acting as an end consumer, reseller, distributor, private-labeler, contract manufacturer, marketplace seller, or any other intermediary (collectively, “Client”) agree to indemnify, defend (on first request), and hold harmless LF and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and representatives (collectively, the “LF Indemnitees”) from and against any and all claims, demands, notices (including 60-day notices), investigations, government or private enforcement actions, civil penalties, assessments, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees, expert fees, testing costs, recall/rework/relabel expenses, and costs of injunctive compliance) arising out of or related to:

Client’s failure to provide “clear and reasonable” warnings under Proposition 65 (Cal. Health & Safety Code §25249.6) and its implementing regulations (Title 27, Cal. Code Regs. (“27 CCR”), Article 6), including but not limited to internet and catalog warnings and retail/shelf signage where applicable (27 CCR §§25602, 25603 and related guidance).

Removal, alteration, obscuring, or failure to pass through any LF-provided warnings, labels, electronic notices, shelf tags, or warning artwork; or inability to transmit written notice and warning materials downstream as contemplated by 27 CCR §25600.2.

Client modifications (including reformulation, blending, flavoring, encapsulation, reprocessing, private labeling, repackaging, or co-packing) or Client marketing claims that create or increase a listed exposure or otherwise change safe-harbor warning obligations.

Client’s online marketplace listings (including third-party platforms) that omit or misplace required warnings or fail to display warnings prior to purchase for California deliveries.

Any enforcement activity by a public prosecutor or private enforcer under Cal. Health & Safety Code §25249.7, including 60-day notices and subsequent actions, settlements, or consent judgments.

(ii) Duty to Defend; Control of Defense. Upon LF’s tender, Client shall immediately assume the defense of any covered matter with counsel reasonably acceptable to LF, at Client’s sole cost and expense. LF may elect to participate with its own counsel at Client’s expense, or assume full control of the defense (without waiving indemnity) if LF reasonably determines Client’s defense is inadequate or presents a conflict. Client shall not settle any matter without LF’s prior written consent, which shall not be unreasonably withheld where (a) LF obtains a complete release and (b) no admission of liability or injunctive obligations is imposed on LF.

(iii) Primary and Non-Contributory; Survival. Client’s defense and indemnity obligations are primary and non-contributory with any LF insurance and shall survive expiration or termination of any purchase, use, or resale of Products and any termination of this Agreement.

(iv) Insurance for Resellers/Intermediaries. If Client resells, distributes, repackages, relabels, or private-labels Products, Client shall maintain Commercial General Liability insurance (including Products/Completed Operations and Contractual Liability) with limits reasonably adequate to the risk (not less than US$1,000,000 per occurrence and US$2,000,000 aggregate, or higher where customary), name LF as an additional insured (primary and non-contributory), and provide certificates upon request.

(v) International & Non-U.S. Sales. For non-U.S. sales, Client assumes full responsibility for complying with local consumer warning, chemical disclosure, and product-safety regimes, and for ensuring that California deliveries receive Proposition 65-compliant warnings where required. Nothing herein limits Client’s duty to follow OEHHA’s allocation rules, which permit contractual assumption of liability and pass-through warning methods in the supply chain.

(vi) Carve-Out and Legal Limits. This Section is intended to allocate responsibility to the fullest extent allowed by law and is not intended to require indemnity to the extent finally adjudicated to be caused by LF’s willful misconduct.

(vii) Mandatory Dispute Resolution. Any dispute, claim, or request for relief arising from or relating to Proposition 65 notices, warnings, enforcement, indemnity, defense, or cost allocation shall be resolved exclusively under the binding arbitration provisions in §16 (including the Initial Dispute Resolution process, venue, confidentiality, mass-arbitration protocol, waiver of class/representative actions, and fee allocations). The Federal Arbitration Act governs enforceability, with Florida law supplying any non-preempted rules. (See §16.)

(viii) No Limitation on Other Remedies. LF’s rights under this Section are in addition to any other remedies at law or in equity, including temporary, preliminary, or permanent injunctive relief to compel compliant warnings, labeling, online disclosures, product holds, recalls, or other corrective actions consistent with Proposition 65’s framework.

(ix) Records; Cooperation. Client shall maintain accurate records of downstream sales and warning implementation (including website/catalog screenshots and shelf-sign placement) for at least two (2) years and shall promptly provide such records to LF upon request to facilitate investigation, response to 60-day notices, and regulatory inquiries.

19.4 Terms of Use for RSS Feeds and Podcasts

(a) Access and Usage:

The Site may provide Really Simple Syndication (RSS) Feeds, which deliver textual, audio, video, and photographic content via an Extensible Markup Language (XML) feed. Certain feeds may incorporate podcasts with associated media files available for download and playback on various devices. Access to this content may necessitate specific software and hardware configurations.

(b) Intellectual Property and Usage Rights:

Applicable U.S. federal, state, and international laws, regulations, and treaties protect content supplied within the RSS Feeds. Lean Factor or the respective content providers retain all rights to such content. This content is furnished exclusively for personal, non-commercial utilization. You are hereby authorized to download, copy, and transfer RSS Feeds and associated content strictly for personal, non-commercial purposes. Any reproduction, modification, display, performance, publication, distribution, or circulation of this content by any third party is expressly prohibited, unless explicit authorization is granted under the terms of this Agreement.

(c) Disclaimer and Liability:

By accessing and utilizing the RSS Feeds, you acknowledge that Lean Factor, its parent companies, and affiliates do not guarantee compatibility with all user equipment. You assume all risks associated with the use of RSS Feeds and any related content, and LF, its parent companies, and affiliates shall not be held liable for any adverse outcomes resulting from such use.

(d) Warranty Disclaimer:

Lean Factor, its parent companies, and affiliates expressly disclaim all warranties, whether explicit or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No warranty is provided regarding the error-free or uninterrupted nature of RSS Feeds or podcast content, nor that defects shall be corrected, nor that the content satisfies any specific requirements.

(e) Limitation of Liability:

You agree that Lean Factor, its parent companies, affiliates, and the Site shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including, without limitation, damages for loss of profits, goodwill, data, or other intangible losses) arising from or related to your utilization or inability to utilize the RSS Feeds or any associated content, even if apprised of the possibility of such damages. You assume full responsibility and risk for your use of the RSS Feeds and associated content solely for personal, non-commercial purposes.

(f) Governing Language:

1. English Controls. The parties expressly agree that this Agreement and all associated terms, notices, policies, and communications shall be composed in the English language. Should this Agreement, or any portion thereof, be translated into an alternative language, the English version shall nonetheless govern and prevail for the purposes of interpretation and enforcement in the event of any inconsistency, discrepancy, or conflict.

2. Translations for Convenience Only. Any non-English translation provided by Lean Factor is for the user's convenience only. Such translations neither modify, amend, nor supersede the authoritative English version.

3. Jurisdiction-Specific Requirements. Notwithstanding the foregoing, if the applicable law within a particular jurisdiction mandates that a local-language version govern for consumers (e.g., pursuant to specific language-of-commerce regulations), then the required local-language version shall govern strictly to the extent of such legal mandate; in all other respects, the English version shall remain controlling.

4. Language of Proceedings. All communications concerning this Agreement with Lean Factor, including, but not limited to, any arbitration or small-claims proceedings, shall be conducted in English unless otherwise ordered by a tribunal of competent jurisdiction (refer to §16).

5. Construction. Headings and defined terms utilized within the English version shall apply equally to any translations; any ambiguity arising from a translation shall be resolved solely by reference to the original English text. This clause is consistent with standard "English prevails/governing language" provisions employed in cross-border terms of use documentation.

19.5 Finality and Non-Appeal of Return Determinations

All determinations regarding return eligibility, the imposition of restocking fees, and the calculation of refund amounts are final and rest solely within Lean Factor' discretion. No further appeal or dispute regarding return determinations shall be permitted subsequent to their issuance.

19.6 Severability and Survival

Should any provision within this Section 19 be deemed invalid or unenforceable, the remaining provisions shall retain their full force and effect. All obligations and rights stipulated herein shall survive the termination or expiration of your use of the Site and Services.

19.7 Inspection Authority and Finality of Determinations

By submitting a return, the customer acknowledges and agrees that LF's inspection of the returned product, whether conducted internally or by an authorized third-party inspector, is conclusive and legally binding. Any determination made concerning the condition of the returned product, including, but not limited to, the assessment of restocking fees or the refusal of a refund, shall be final and not subject to appeal.

19.8 Customer Packaging and Return Shipping Obligations

The customer is responsible for returning products in their original, undamaged packaging, in strict adherence to any instructions provided by LF. Failure to comply with this requirement may lead to additional deductions from the refund amount, including supplementary shipping or handling charges.

19.9 Force Majeure Extension for Returns

In the event that extraordinary circumstances (including, but not limited to, natural disasters, pandemics, or other force majeure events) impede the customer’s ability to return a product within the standard return period, LF reserves the exclusive right to, at its sole discretion, extend the return period or appropriately modify the return process.

20. MOBILE APPLICATION SERVICES TERMS AND GOVERNANCE

20.1 Provision of Services and Applicability

Lean Factor may furnish products and services via applications accessible on wireless or mobile devices (e.g., mobile phones). The governance of these Mobile Application Services is subject to any Additional Terms specifically relevant to the particular Mobile Application Service. Unless explicitly stipulated otherwise in such Additional Terms, Lean Factor levies no charges for these Mobile Application Services; however, standard messaging, data, and other rates and charges imposed by your wireless carrier may apply. By utilizing these Mobile Application Services, you consent to be bound by all applicable terms and any carrier-imposed fees, for which you shall bear sole responsibility.

20.2 User Assumption of Charges

You acknowledge and agree that you are exclusively responsible for all charges incurred from the utilization of Mobile Application Services on your wireless or mobile devices. This responsibility extends to any charges incurred by any individual who gains access to your device, telephone number, or email address through the Mobile Application or Messaging Services. Lean Factor, its parent entities, and affiliates shall not be held accountable for any such charges.

20.3 Device Compatibility and Carrier Restrictions

It is your exclusive obligation to ensure that your mobile device is fully compatible with the Mobile Application Services, including maintaining all requisite software and firmware updates. Not all Mobile Application Services may demonstrate compatibility with every wireless carrier or device. Certain carriers may institute restrictions or may not offer support for particular Mobile Application Services. You are advised to verify with your wireless carrier regarding availability and any restrictions that may impact your usage.

20.4 Notification of Changes to Wireless Numbers

Should you change or deactivate your wireless telephone number, you must promptly update your account information for Mobile Application Services to avert the inadvertent transmission of messages to a new user of your former number. Lean Factor, its parent entities, and affiliates shall not be held responsible for messages delivered to an individual who subsequently acquires your previous wireless number.

20.5 Right to Alter or Discontinue Services

Lean Factor reserves the unilateral right to modify, suspend, or discontinue, whether on a temporary or permanent basis, any Mobile Application Service at any time without prior notification. Neither Lean Factor, its parent entities, nor any of its affiliates shall be liable for any loss or damage resulting from such modifications or discontinuations. Your continued utilization of Mobile Application Services constitutes your acceptance of any alterations implemented.

20.6 Further Information

For a comprehensive understanding of the terms and conditions governing the use of Mobile Application Services, kindly refer to the Mobile Terms of Service available on the Lean Factor website or directly through the Mobile Application Service. These Mobile Terms of Service furnish detailed information regarding authorized uses, limitations, and user obligations.

20.7 Official Notice and Communication

Lean Factor may convey notices to you under this Agreement via electronic mail, general announcements on the Service, or by written correspondence delivered via first-class U.S. mail to the address recorded in your Lean Factor account. You may provide formal notice to Lean Factor at any time by forwarding a letter via certified first-class postage prepaid U.S. mail or overnight courier to the following address:

Lean Factor

5407 N Haverhill Rd Unit 336

West Palm Beach, FL 33407

20.8 Supplemental Indemnification for Mobile Services

You agree to indemnify and hold harmless Lean Factor, its parent entities, affiliates, officers, directors, and employees from any claims, damages, or losses arising from or pertaining to disputes with your wireless carrier concerning charges, compatibility, or restrictions associated with the Mobile Application Services.

20.9 Prohibited Conduct and Unlawful Utilization

You agree not to engage in any conduct that attempts to circumvent, disable, or impair the proper functioning or security of the Mobile Application Services. This encompasses, but is not limited to, reverse engineering, decompiling, modifying, or tampering with the application’s source code, disabling any security feature, or interfering with the performance of the Services. Any such conduct is strictly forbidden and may result in the immediate termination of your access, as well as the initiation of legal proceedings.

20.10 Security Protocols and Data Privacy for Mobile Services

While Lean Factor adheres to industry-standard practices to safeguard your data, you are solely responsible for securing your mobile device, including installing timely software and security updates. LF shall not be held liable for any breach or unauthorized access resulting from your failure to secure your device. Data transmitted via the Mobile Application Services is subject to our Privacy Policy, and by utilizing these services, you accept the inherent risks associated with data transmission over wireless networks.

20.11 Maintenance, Updates, and Beta Services

Lean Factor retains the right to issue updates, patches, and enhancements to the Mobile Application Services at its sole discretion. You acknowledge that LF is under no obligation to support antecedent versions of the Mobile Application and that your continued use of the Services signifies acceptance of the most recent updates. For beta or trial features, you agree to provide feedback and acknowledge that such features may be subject to modification or discontinuation without liability.

20.12 Prohibition of Unauthorized Automated Access

The use, deployment, or facilitation of any automated means, including but not limited to robots, spiders, crawlers, scrapers, bots, or any other automated tools or technologies, to access, extract, harvest, index, or collect data or content from the Site or its Services for any purpose, including but not limited to data mining, machine learning, artificial intelligence training, or any form of commercial exploitation, is strictly prohibited without the prior express written consent of Lean Factor. This prohibition extends to any attempt to bypass, circumvent, or interfere with any security measures, access controls, or limitations implemented by LF, including but not limited to robots.txt directives, CAPTCHA mechanisms, IP blocking, or rate-limiting protocols. Review our Bot & Crawler Access Terms of Use Policy for additional information.

Any unauthorized automated access or activity constitutes a violation of this Agreement and may constitute a breach under applicable statutes, including, but not limited to, the Computer Fraud and Abuse Act (CFAA), the Florida Computer Crimes Act, and other relevant legal provisions. LF reserves the right to pursue all available legal remedies, including but not limited to injunctive relief, monetary damages, and recovery of attorneys' fees, against any party engaging in such prohibited conduct.

21. CUSTOMER CONDUCT, FRAUD PREVENTION, REFUSAL OF SERVICE, AND ACCOUNT ACTIONS

21.1 Scope and Applicability

This Section applies to all users, purchasers, visitors, requestors, and operators utilizing any method of access to the Site and Services, including automated agents (such as robots, spiders, crawlers, scrapers, AI, or machine-learning tools) and any persons or entities acting on their behalf, regardless of their geographic location, whether inside or outside the United States. By accessing or utilizing any LF property or channel (including, but not limited to, LeanFactor.com, subdomains, applications, APIs, marketplace storefronts, electronic mail, SMS/MMS, chat, telephone, social media, RSS, and podcasts), you and any entity on whose behalf you operate are hereby jointly and severally bound by this Terms of Use Policy and all LF policies incorporated herein by reference, including the Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Bot & Crawler Policy, GDPR Statement, and CCPA Opt-out (collectively referred to as the “LF Policies”). Disputes arising under this Section shall be governed by § 16 (Arbitration) and § 8 (Governing Law/Venue).

21.2 Prohibited Conduct

LF reserves the right to suspend, limit, refuse, or terminate access, communications, Membership, orders, shipments, or refunds, with or without prior notification, for conduct that LF, in its sole discretion, determines to be abusive, unlawful, risky, or detrimental, which includes, but is not limited to:

(a) Abuse directed toward staff (harassment, use of profanity, doxxing, threats of violence or extortion);

(b) Fraud or attempted fraudulent activity (account takeover, identity theft, chargeback abuse, false claims of non-receipt, serial returns, manipulation of coupons or discounts, use of counterfeit instruments);

(c) Utilization of extortionate leverage (e.g., conditioning a favorable review or avoidance of negative publicity/contact with media/regulatory bodies upon the issuance of a refund);

(d) Automated or high-volume data extraction (scraping, harvesting, mining, copying of images, text, data, or code) or the circumvention of access controls (such as robots.txt, rate limits, authentication protocols, CAPTCHA, geo-fencing, or token gating) (refer also to the Bot & Crawler Policy and DMCA Compliance Statement);

(e) Technical interference (including probing/scanning, deployment of malware, Distributed Denial of Service (DDoS) attacks, evasion tactics, or the use of disposable email addresses/phone numbers to circumvent controls);

(f) Misuse of communication channels (such as spamming, phishing, spoofing LF, flooding support channels, or bypassing established support triage procedures).

Unauthorized access or circumvention of security measures may constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and Florida’s Computer-Related Crimes Act (Fla. Stat. § 815.06), in addition to representing a material breach of this Agreement.

21.3 Refusal of Service; Order Controls

To safeguard customers, personnel, systems, and brand integrity, LF reserves the right to refuse, cancel, suspend, or limit any order, account, refund, shipment, return, or communication; to require re-verification of identity or payment information; to place orders on hold for manual review; to mandate signature-on-delivery; to restrict purchase quantities; or to permanently prohibit a user, device, or network from access. Nothing herein shall be construed to permit discrimination prohibited by law; LF shall implement reasonable modifications and accommodations consistent with its Accessibility Statement and applicable law.

21.4 Reviews, Social Posts, and Communications

LF does not restrict its customers from submitting truthful reviews protected by the Consumer Review Fairness Act (CRFA). LF may take action against unlawful content, including but not limited to defamation, threats, harassment, false statements, impersonation, or doxxing, and against deceptive reviews, such as those that are fake, paid, or constitute astroturfing. Refer to the Product Reviews Policy, Content Policy, and Advertising & Analytics Policy for further details.

21.5 Chargebacks, Payment Disputes, and "Friendly Fraud"

Should a customer dispute a payment with their issuing institution or payment service before utilizing LF’s established resolution channels, or if LF has reasonable suspicion of "friendly fraud," LF may immediately suspend the associated account, cancel any open orders, and initiate an investigation. The customer agrees to fully cooperate and provide the requested evidence, including receipts, proof of delivery, and photos or videos. The customer acknowledges that the time required for refunds to post is determined by the card networks and issuing banks; even after LF issues a credit, posting to the customer's account may take additional time. Refer to the Shipping Policy, Return Policy, and Subscriptions for related information. LF may pursue recovery of associated losses, including chargeback/representation fees, shipping costs, restocking fees, investigation expenses, and reasonable attorneys’ fees, via binding arbitration pursuant to § 16 or in an appropriate court where arbitration is not available.

21.6 Automated Access and Operator Accountability

Any automated or programmatic access to LF's services or systems shall bind the operator, deployer, sponsor, and beneficiary of such access to these Terms of Use (TOU). By employing bots or crawlers, the user represents and warrants that they possess the authority to bind the principal entity. LF may implement technical, legal, and operational controls, including IP, domain, or device blocking; token gating; crawl-delay mechanisms; and watermarking, and may seek injunctive relief, monetary damages, and statutory remedies, including those available under the Computer Fraud and Abuse Act (CFAA), Florida Statute § 815.06, and the Digital Millennium Copyright Act (DMCA) anti-circumvention provisions (17 U.S.C. § 1201).

21.7 Investigations, Holds, and Cooperation with Law Enforcement

LF may monitor, log, preserve, and disclose transaction and access data in a manner consistent with the Privacy Policy and Information & Security Policy; institute holds on orders or funds during the pendency of an investigation; and report suspected unlawful activity to payment providers, anti-fraud networks, and/or relevant law enforcement authorities.

21.8 Cancellations, Refunds, and Processing Times

LF reserves the right to cancel orders due to risk, verification failures, or policy violations. Should LF issue a refund, the user acknowledges that standard bank and card network processing times apply, and the credit may not be reflected immediately on their statement; the precise timing is subject to the issuing institution and network. Refer to the Return Policy and Shipping Policy for further details.

21.9 Permanent Bans; Prohibition on Circumvention

In the event that LF implements a ban on an account, individual, entity, device, or network, the user agrees not to circumvent such ban (e.g., establishing new accounts, utilizing proxies or Virtual Private Networks (VPNs), employing new email addresses or phone numbers, or using nominees). LF may enforce such bans across all LF Sites, marketplace storefronts, and communication channels.

21.10 Non-Retaliation and Legal Compliance

LF shall not retaliate against lawful, good-faith consumer complaints or honest reviews that are protected under the Consumer Review Fairness Act (CRFA). This Section serves to deter abuse, fraud, and unlawful conduct and does not constitute a waiver of LF’s obligations under applicable anti-discrimination laws or accessibility laws.

21.11 Remedies and Cumulative Rights

The rights and remedies available to LF under this Section are cumulative and are in addition to all other rights available under this Agreement, the Legal Notice Disclaimer, and applicable law (including, but not limited to, injunctive relief, actual damages, statutory damages, treble damages where permitted, costs, and reasonable attorneys’ fees). Potential remedies under Florida law may encompass claims pursuant to the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and, where supported by the facts, civil theft (Florida Statutes § 772.11).

21.12 Dispute Resolution

All disputes arising from or relating to this Section shall be resolved exclusively through binding arbitration in accordance with § 16 (Dispute Resolution; Binding Arbitration; Waiver of Class Actions; Severability); the Federal Arbitration Act shall govern the enforceability of this provision. In instances where arbitration is unavailable, the venue and jurisdiction terms set forth in § 8 shall apply.

21.13 Security Review, Know Your Customer (KYC), and Risk Scoring (Additional Protection)

To mitigate instances of fraud and platform abuse, the user authorizes LF to conduct risk-based identity and payment verification processes. These processes include, but are not limited to, KYC-style checks, device fingerprinting, velocity/risk scoring, and sanctions screening, all of which are consistent with the Information & Security Policy. Refusal to cooperate with or failure to pass this verification may result in the cancellation of orders, application of payment holds, or the imposition of permanent bans from the platform.

21.14 Evidence Preservation; Adverse Inference

The user agrees to preserve relevant evidence, such as emails, chat logs, device logs, photographs, and product packaging, that is reasonably related to any prospective dispute or claim. Should the user destroy or materially alter such evidence after receiving notice of a dispute, LF reserves the right to seek adverse inferences or other appropriate relief in arbitration or judicial proceedings.

21.15 No Reverse-Engineering of Risk Controls

The user shall refrain from probing, testing, bypassing, or reverse-engineering LF’s systems designed for anti-fraud, anti-abuse, or access-control purposes. This includes, but is not limited to, measures such as IP throttling, CAPTCHA mechanisms, device fingerprinting, token gating, address verification, or geofencing. Any attempted circumvention constitutes a material breach of these terms and may lead to the pursuit of injunctive relief and statutory claims under the Computer Fraud and Abuse Act (CFAA), Florida Statute § 815.06, and 17 U.S.C. § 1201.

21.16 Pre-Dispute Cooperation for Non-Fraud Payment Issues

To the maximum extent permitted by law and card network regulations, the user agrees first to attempt to resolve non-fraud-related disputes (e.g., those concerning product quality or fulfillment delays) with LF through customer support and the procedures outlined in Section 16.1, prior to initiating a chargeback. While this provision does not waive any non-waivable consumer rights, it intends to reduce unnecessary disputes and processing delays; network and issuer timelines shall remain controlling.

22. CONCLUSION

Thank you for reviewing these Terms of Use. This Agreement explains how Lean Factor operates, what we commit to provide, and what we require from every person or automated agent that accesses or uses our Sites or Services, whether directly or via crawlers, bots, scrapers, or other programmatic tools, and whether located inside or outside the United States.

If you have questions or need assistance, please contact our Customer Care team. For topics that are governed by dedicated policies, please consult the complete and current versions on our Legal page; each is incorporated by reference into this Agreement and applies to all access and use of our Sites and Services, including automated access. These policies include, without limitation: Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Agent Terms, GDPR Statement, and CCPA Opt-out.

If a concern or dispute arises, you must follow the Initial Dispute Resolution process and the Binding Arbitration requirements set forth in §16. Your continued use of the Sites or Services constitutes acceptance of the then-current Terms, including all incorporated policies and dispute-resolution requirements.

By using our Sites, Services, Service Providers, placing an order, or contacting us through any channel, you acknowledge that you have read, understand, and agree to be bound by this Agreement and all incorporated LF policies referenced above and available on the Legal page.