Terms of Use
LAST MODIFIED: December 8, 2024
LRE Global, Inc. ("we," "us," and "our") offers this website ("Site"), including all information, content, tools, and services available from this Site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated in these terms of use ("Terms of Use").
By clicking 'Submit,' 'Buy Now,' 'Subscribe Now,' 'Book Now,' or otherwise accessing, browsing, or using this Site, you agree to be personally bound by these Terms of Use, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside) if you are registering on behalf of a minor. By clicking 'Submit,' 'Buy Now,' 'Subscribe Now,' or 'Book Now,' you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18) and if you are registering on behalf of a minor, that you are their legal guardian.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Use were last revised. You may read a current, effective copy of these Terms of Use by visiting the “Terms of Use” link on the Site. We will also notify you of any material changes, either through the Site user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use. You should periodically visit this page to review the current Terms of Use so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the Site.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
DO NOT USE THE SITE FOR YOUR EMERGENCY MEDICAL NEEDS. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 911 OR GO TO THE NEAREST EMERGENCY ROOM IMMEDIATELY.
THE SITE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
1. USE AND CONSENT OF THIS WEBSITE
The words, audio files, graphics, images, information, products, course materials, documents, and all other information and intellectual property accessible on or through this website (“Content”) are the property of LRE Global, Inc. and are protected by United States intellectual property laws.
You agree that these Terms of Use and any interpretation of or dispute concerning these Terms of Use will be governed by the laws of the Commonwealth of New York without regard to principles of conflict of laws. You expressly agree that any action at law or in equity arising out of or related to these Terms of Use and your access to and use of the Site will be subject to jurisdiction only in the state or federal courts located in the Commonwealth of New York and the USA. You hereby consent and submit to the jurisdiction of such courts concerning any such action.
If you have purchased one-on-one coaching, a group retreat, or entered into a separate agreement, you will also be subject to the terms of that agreement or those Terms of Use, which will prevail in the event of a conflict. By accessing or using this Site and its content, you acknowledge and represent that you are at least 18 years old, and you agree to and abide by these Terms of Use. Any use of this Site and its content by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms of Use.
2. DISCLAIMER
This site does not provide medical advice. We offer health, fitness, and nutritional information. The contents of www.leisanoliving.com, such as text, graphics, interactive tools, images, and other material contained on the site (“Content”), are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers regarding a medical condition. If you are in the United States and think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific products, procedures, or opinions that we may mention on the site. Do not disregard, avoid, or delay obtaining medical or health-related advice from your healthcare professional because of something you may have read on this site. Reliance on any information provided on www.leisanoliving.com, including information posted by other visitors to the site, is solely at your own risk.
CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING OUR EXERCISE PROGRAMS OR ANY OTHER FITNESS PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS PRECAUTION IS OF PARAMOUNT IMPORTANCE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE OR HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING. IF YOU HAVE EXPERIENCED CHEST PAIN IN THE PAST MONTH WHEN NOT ENGAGED IN PHYSICAL ACTIVITY, SMOKE, HAVE HIGH CHOLESTEROL, OR ARE OBESE, PLEASE CONSULT WITH YOUR DOCTOR BEFORE STARTING AN EXERCISE PROGRAM. ADDITIONALLY, IT IS ADVISABLE TO CONSULT WITH A MEDICAL PROFESSIONAL BEFORE BEGINNING A NEW FITNESS PLAN IF YOU HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT START OUR FITNESS PROGRAM IF YOUR PHYSICIAN OR HEALTHCARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN, OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING YOU SHOULD STOP IMMEDIATELY.
3. PAYMENT PROCESSING ON THIS SITE
To the extent the Site or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to us that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with us or the Payment Processor (as defined below, as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount specified in the payment plan in accordance with the terms of such plan and these Terms of Use. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize us through the Payment Processor to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let us know within sixty (60) days after the date that we charge you or within such longer period of time as may be required under applicable law. We reserve the right to change our prices. If we do change prices, we will provide notice of the change through the Site’s user interface, a pop-up notice, email, or other reasonable means, at our option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service other than taxes based on our net income.
Payment processing companies may have privacy and data collection practices that are different from the policy you are reading now. We have no responsibility or liability for the payment processing companies' independent policies. You release the company, our affiliates, and our payment processing company from any damages you incur and agree not to make any claims against them or us that have come from your purchase through this Site or its content.
Notwithstanding any amounts owed to us hereunder, WE DO NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use third-party payment processors (“Payment Processors”). The Payment Processors provide these payment processing services and are subject to the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to these Terms of Use, users that use the payment functions of the Site also agree to be bound by the applicable Payment Processor Agreement for the payment function the user is using, as the same may be modified by the applicable Payment Processor from time to time. You hereby authorize the applicable Payment Processor to store and continue billing your specified payment method even after such payment method has expired to avoid interruptions in payment for your use of the Site. Please contact the applicable Payment Processor for more information. We assume no liability or responsibility for any payments you make through the Service.
4. NO REFUNDS
All sales are final, and we do not offer any refunds. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
5. E-COMMERCE
Those who engage in transactions with us—by purchasing services or products on www.leisanoliving.com are asked to provide additional information, including, as necessary, the personal and financial information required to process those transactions. In each case, we collect such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with us. We do not disclose personally identifying information. Visitors can always refuse to supply personally identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
6. TELEPHONIC COMMUNICATIONS SERVICES
By using the Site and providing us with your telephone number(s), you are consenting to be contacted by us and our service providers by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do Not Call List, or our internal Do Not Call List. You may be required to respond to an initial call or message as instructed to complete your registration and confirm enrollment to receive such calls, texts, or other telephonic communications. You do not have to consent to receive calls or text messages from us for marketing or solicitation purposes to purchase our products or services. In the event you no longer wish to receive such calls, text messages, or other telephonic communications, you agree to notify us or our service providers, as applicable, directly. In the event you change or deactivate your telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person who acquires your old telephone number.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any calls, text messages, SMS, or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features, and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any calls, text messages, SMS, or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility with your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
By reply any text, SMS, or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS, or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
7. INTELLECTUAL PROPERTY
We solely own this Site and its content and the related intellectual property rights. If you view, purchase, or access this Site or any of its content, you will be considered a licensee of the site.
The Leisano Living name and logos are trademarks and service marks of Leisano Living (collectively the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Service without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.
You agree to use the Site as follows:
· You agree not to adapt, modify, download, reproduce, distribute, publicly display, perform, publish, create derivative works, or otherwise publicly make available any part of this Site; and
· You agree not to commercialize or exploit any information, products, or services obtained from any part of this Site without our written permission or, in the case of third-party material, from the owner of the copyright in that material. Unless we agree otherwise in writing, we provide you with access to this Site only for your personal use and review. You are authorized to listen, view, retrieve, personally store, and print a copy of any information contained on this Site for your personal use. Without limiting the foregoing, you may not without written permission from us, on-sell information obtained from this Site or post it to another website.
8. YOUR ACKNOWLEDGEMENTS, OBLIGATIONS, & WARRANTIES
You warrant throughout these Terms of Use that:
· You are responsible and liable for payment of all fees payable and any other financial obligations associated with the nutrition consultations under all circumstances;
· You will cooperate and provide us with information to comply with requirements promptly, as requested by us from time to time, that are reasonably necessary to enable us to perform the services;
· The information you provide to us is accurate, correct, and complete;
· You will inform us if you have reasonable concerns relating to our provision of services under the Terms of Use, with the aim that you and we will use all reasonable efforts to resolve the concerns.
You agree and understand that:
· We do not change your eating habits for you; we give you access to information, people, tools, and interactive sessions.
· Nutritional consultation is not a guarantee of successful behavior change, and we are not liable for any adverse impacts that your actions have on you or your long-term health.
· We may record, film, and photograph face-to-face components of various programs, and as a result, you may intentionally or unintentionally appear in footage or images uploaded onto this Site and other online platforms, used in marketing videos, featured on our site, or played in clips at our events or workshops.
AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SERVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER THIRD-PARTY INFORMATION, SITE, PRODUCT, OR SERVICE THAT YOU ACCESS THROUGH THE SITE.
9. COOKIES
We employ the use of cookies. By using www.leisanoliving.com, you consent to the use of cookies per our privacy policy located at www.leisanoliving.com/privacy-policy.
Most modern-day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to allow the functionality of this area and ease of use for those people visiting. Some of our affiliate or advertising partners may also use cookies.
10. CONFIDENTIAL INFORMATION
It is a requirement that you are informed about the collection of your personal information and how we may use it. We agree not to disclose your personal information to any third party. We will use your information for reasons disclosed, including the purpose of providing our services to you, and not for any other purpose without your prior consent.
11. INTERNATIONAL USERS
We control, operate, and administer www.leisanoliving.com from within the USA. If you access this Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the content or any manner prohibited by any applicable laws, restrictions, or regulations accessed through this Site in any country. Accessing or using the Site is at your sole risk.
12. LINKED SITES
The Site may provide links or other access to services, sites, technology, and resources that are provided or otherwise made available by third parties (the “Third-Party Services”). We do not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. We have no control over and are not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services or for the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not us, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. We enable these Third-Party Services merely for convenience, and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services.
13. COMMENTS, FORUMS, and SOCIAL MEDIA
If you post comments to articles or share www.leisanoliving.com content, you are solely responsible for your communications, the consequences of posting those communications, and your reliance on any communications found in the content pages. We and our licensors are not responsible for the consequences of any communications on the content pages. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the content pages, you agree that the following actions shall constitute a material breach of these Terms of Use:
· Using a content page for any purpose in violation of local, state, national, or international laws;
· Posting material that infringes on the intellectual property rights of others or the privacy or publicity rights of others;
· Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the academy in its sole discretion;
· Posting advertisements or solicitations of business;
· Disrupting the normal flow of dialogue or posting comments that are not related to the topics in the discussion (unless it is clear the discussion is free-form);
· Posting chain letters or pyramid schemes;
· Impersonating another person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
· Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
· Distributing viruses or other harmful computer code;
· Violate any applicable local, state, national, or international law or any regulations having the force of law;
· Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
· Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
· Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks;
· Solicit personal information from anyone under the age of 18;
· Harvesting or otherwise collecting or using information about others, including email addresses, without their consent for the purposes of sending unsolicited emails or other unsolicited communications;
· Allowing any other person or entity to use your identification for posting or viewing comments;
· Posting the same note more than once or “spamming” or
· Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the content page or the site or which, in our judgment, exposes us or any of our customers or suppliers to any liability or detriment of any type.
We reserve the right (but are not obligated) to do any or all of the following:
· Record the dialogue in public chat rooms
· Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine, in its sole discretion, to remove or request the removal of the communication(s)
· Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use and our comments policy
· Terminate a user’s access to any or all content pages and this Site upon any breach of these Terms of Use;
· Monitor, edit, or disclose any communication in the content pages
· Edit or delete any communication(s) posted on this Site, regardless of whether such communication(s) violate these standards
· We or our licensors have no liability or responsibility to users of the Site or any other person or entity for the performance or nonperformance of the aforementioned activities.
14. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at info@leisanoliving.com (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:
LRE Global, Inc.
1632 1st Ave #25714
New York, NY 10028
1 (646) 397-5344
To be effective, the notification must be in writing and contain the following information:
· A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
· Identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
· Identification of the content that is claimed to be infringing or to be the subject of infringing activity and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
· Your address, telephone number, and email address;
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
· A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on behalf of the owner of the copyright or intellectual property that is allegedly infringed.
Counter-Notice: If you believe that the content that you uploaded onto the Site (“User Content”) that was removed (or to which access was disabled) is not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
· Your physical or electronic signature;
· Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
· A statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content to be removed or disabled; and
· Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party, informing them that we may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against us or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also, at its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. FEEDBACK
· Your feedback is important to us. We seek to resolve your concerns quickly and effectively. You agree to raise any concerns, problems, or issues you may have concerning our services with us directly, in person, or via phone or email.
· You agree not to post any content on our Site or any of our social media accounts that is or could reasonably be considered to be inappropriate, defamatory, disparaging, or would otherwise bring us into disrepute.
· Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Site (“Feedback”) provided by you to us are non-confidential, and we will be entitled to the unrestricted use and dissemination of these Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
16. INDEMNIFICATION; LIMITATION OF LIABILITY
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless us and our officers, employees, directors, service providers, licensors, and agents (collectively, the “Company Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Site, any User Content, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against the Company Parties without our written consent.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
IF YOU ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNIFICATION," “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
17. DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between us, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the Site, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Use, we are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at info@leisanoliving.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to us should be sent to LRE Global, Inc., 1632 1st Ave #25714, New York, NY 10028 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If we do not resolve the claim within sixty (60) calendar days after the Notice is received, either of us may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by either of us will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which either of us is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website: https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page: https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless either of us agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to us under the AAA Rules, we shall split them equally, provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, we will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Use will continue to apply.
h. Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms of Use to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
18. TERMINATION
We reserve the right to refuse or end your access to this Site and its content at any time without notice. The restrictions imposed on you in these Terms of Use and its content will still apply now and in the future, even after termination by you or us.
19. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at LRE Global, Inc., 1632 1st Ave #25714, New York, NY 10028, 1 (646) 397-5344.
20. CONTACT US
Should you have any questions or concerns regarding these Terms of Use, please contact us by visiting our Site at www.leisanoliving.com/contact.
Supplemental Terms of Use for Retreats
Thank you for your travel purchase with LRE Global, Inc. DBA Leisano Living, hereafter referred to as Leisano Living. These supplemental terms of use (“Retreat Terms”) apply to all retreats and travel experiences purchased on www.leisanoliving.com and third-party booking sites on behalf of LRE Global, Inc. Please review these Retreat Terms in detail, as by buying our travel services and/or signing up to attend a retreat, you are bound by the terms outlined in this agreement. For clarity, these Terms of Use are supplemental to the terms and conditions of the Terms of Use for the Site available at www.leisanoliving.com/terms-of-use.
1. REFUNDS and CANCELLATIONS
We offer a full refund for 24 hours following the submission of your initial deposit. After 24 hours have expired, your trip deposit and all future payments are NON-REFUNDABLE. Therefore, we strongly recommend that you purchase comprehensive travel insurance. It is essential to request coverage that allows you to "Cancel for Any Reason," as this will cover your non-refundable trip.
2. PAYMENT PLANS
We are happy to offer payment plan options for all of our trips. Monthly payments begin the month following your initial booking, on the 1st of each month, until paid in full. The minimum amount due, as specified during booking, is required each month via a checking account, debit, or credit card. You may contact us to change your payment date within 48 hours after booking. You will receive a courtesy reminder about your upcoming payment, but you are responsible for submitting and ensuring your payment is successful. If you fail to submit an on-time payment, we will charge you a late fee of $30 USD per day.
3. MISSED PAYMENTS
After one missed monthly payment, your trip is subject to cancellation. If canceled, you will be notified via your email. You may reinstate your trip within three calendar days of cancellation by paying the full trip-due amount.
4. FINAL PAYMENT DATE
Trips must be paid in full by the final payment date, as noted during booking. We will place a penalty fee of $100 on your account if we have not received your full trip payment by three business days after this date. After five business days of failing to make your final payment, Leisano Living reserves the right to cancel your trip.
5. ROOMMATE POLICY
If you book a double, triple, or quad occupancy category for your trip as a single participant without a roommate, we will pair you with another person(s) who does not have a roommate. If you prefer not to share accommodations during one of our retreats, you may pay a single supplement fee. Please inquire for more information about this option.
6. HEALTH and WELLNESS POLICY
Except as disclosed in your medical questionnaire, you confirm at the time of booking that you are in good health and physically capable of undertaking all aspects of the trip. You further confirm that you are unaware of any reason why you 1- Might be unsuited or unable to take part in or 2- Might be likely to suffer an illness or injury during the trip, taking into account the challenges and purpose of this vacation. If you are unable to give this confirmation for any reason whatsoever or have any medical condition or disability that may affect your trip, you must contact us before you book so that we can assist you in considering the suitability of the trip for yourself. All trips require that you can walk at least 5 miles each day on your own. Please consult your physician to confirm your fitness level for travel and participation in planned activities. Leisano Living does not provide medical advice.
7. REQUIRED TRAVEL MEDICAL INSURANCE
All clients are required to purchase a travel medical insurance policy that includes 1- Emergency Medical Coverage, 2- Emergency Medical Evacuation, and 3- Repatriation of their remains. You must provide proof of your policy from your insurance provider no later than fourteen days before the retreat start date.
8. TRIP CANCELLATION FOR REASONS OUTSIDE OUR CONTROL
In the unlikely event that it becomes necessary to cancel the trip for reasons beyond our control, such as acts of God, strikes, actions of government, or weather, we will reschedule the trip. If you are unable to attend the new dates, we will offer refunds based on the booking date and as we fill your spot. Unfortunately, we cannot guarantee a refund. Your travel insurance should cover these circumstances in the rare chance that they occur. If we have to make a significant change or cancel, we will, where appropriate, pay you reasonable compensation based on the circumstances. Additional refunds for conditions beyond those mentioned above will not be paid. We will not accept liability for the following circumstances: 1- We are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, such as force majeure. 2- Consequences that we could not have avoided even with all due care. 3- We have to cancel because we have not reached the minimum number of bookings necessary for us to operate.
9. PRIVATE GROUP WELLNESS TRAVEL PLANNING SERVICE
We provide services to assist in planning private group wellness travel. Fees include an initial phone consultation with a designated group leader and a maximum of two iterations of your itinerary. During this conversation, we will discuss your expectations of the service, vision, needs, and desires for your trip. We will confirm all trip components before departure. The price for this service is not inclusive of hotel or flight expenses.
10. CORPORATE WELLNESS TRAVEL PLANNING SERVICE
We provide services to assist in planning corporate wellness travel. Fees include an initial consultation with a designated group leader and a maximum of two iterations of your itinerary. During this conversation, we will discuss your expectations of the service as well as explore destinations, activities, and experiences that would be suitable for your group. We will review travel details with the group leader and confirm all trip components before departure. The price for this service is not inclusive of hotel or flight expenses.
11. NON-COMPETE AND CONFIDENTIALITY
By participating in all retreats and travel experiences by Leisano Living, participants agree not to directly or indirectly engage in activities that compete with the business interests of Leisano Living. These activities include but are not limited to, attempting to hire, solicit, or engage any of Leisano Living's wellness retreat staff or instructors for personal, business, or third-party purposes. Participants further agree not to replicate, reproduce, distribute, or utilize any techniques, proprietary programs, or materials presented during the retreat for personal gain, business purposes, or to provide similar services to third parties. This commitment to non-competition and confidentiality shall extend indefinitely for the duration of Leisano Living's existence.
12. PHOTo and VIDEO RELEASE
Photography and video of trip activity are taken throughout our wellness experiences and shared with clients post-trip. By attending this trip or any of our events, you grant us the irrevocable, unrestricted right to use your voice, image, and likeness in connection with, and as depicted in, all pictures, photographs, audio recordings and/or video recordings taken during any of our retreats in any and all forms, media and manners now or hereafter known (collectively, “Images”), without restriction as to changes or alterations, for advertising, promotion, exhibition, and other lawful purposes, including publishing such Images on social media channels and otherwise online. You acknowledge and agree that you have no right, title, or interest in any of the Images. You waive any right to inspect or approve any Images or any related materials incorporating your name and/or the Images.
You hereby release and hold harmless Leisano Living from any damages or liability relating to or arising from any use of, modification, or alteration to any of the Images. You waive any claim you may have based on any use of the Images or works derived therefrom, including but not limited to claims for invasion of privacy or libel.
Again, by buying our travel services, you are bound by the terms outlined in these Retreat Terms. Should you have any questions or concerns regarding these terms of use, please contact us by visiting our website at www.leisanoliving.com/contact.