1. Definitions
1.1 "Lean Body Scan LLC" or "Company" refers to "Lean Body Scan" DBA "Lean by Xeela," located at 8555 Santa Monica Blvd, West Hollywood, CA 90069. 1.2 "R&D" encompasses the research and development efforts undertaken by the Company using user data to enhance offerings, develop new products or services, conduct quality assurance, and engage in data analysis that might include commercialization with third parties. 1.3 "Service(s)" pertains to the array of offerings by the Company accessible via the website, including texts, graphics, images, and other content, available to users with or without a registered account. 1.4 "Personal Information" identifies data that can pinpoint your identity, solely or combined with other details. The Company gathers and keeps the following categories of Personal Information: a. "Registration Information" includes details you provide when signing up for or purchasing Services (e.g., name, email, physical address, user ID and password, and payment data). b. "Health Information" comprises data about your body composition, RMR, or other metrics obtained via DEXA scans, assessment tests, or other Company services. c. "Self-Reported Information" covers information you disclose about yourself, such as health conditions, ethnicity, family background, and other data entered while using the Company's services or features. d. "User Content" refers to any information, data, or materials other than Health and Self-Reported Information that users share or transmit, publicly or privately, via the Services. e. "Web Behavior Information" tracks your interaction with the Company's website, including browser type and page views, collected through logs, cookies, and web beacons. f. "Aggregated Health Information" merges Health and Self-Reported Information from multiple users, minus Registration Information, to preserve anonymity while providing valuable scientific data.
2. Acceptance of Terms
2.1 Your access to the Company's Services is governed by this legal agreement (TOS), excluding any services covered under separate agreements. These TOS apply to all Service uses, including DEXA scans and account creation without service participation. 2.2 Acceptance of the TOS is mandatory for Service use, achievable by (1) clicking acceptance or agreement to the TOS where provided by the Company, or (2) actual Service utilization, which signals agreement to these terms. 2.3 Additional guidelines or rules for specific Services are incorporated herein by reference. Other services provided by the Company may have distinct terms.
3. Eligibility
3.1 Service use is restricted if (1) you're below the legal age for binding agreements with the Company, or (2) legal or jurisdictional restrictions in your area preclude you from receiving the Services. 3.2 Providing your Health Information requires that you are 18 years or older, or have legal authority to agree on behalf of minors. 3.3 Creating a Company account for Service access without DEXA scans or Health Information sharing requires you to be 13 years or older.
4. Service Overview
4.1 The Company offers public web access and personal health assessment services, including body composition analysis and various health evaluations, as well as consulting services like nutrition advice. 4.2 The Company continually innovates for optimal user experiences. You acknowledge that Service forms and features may change without prior notice. The Company may also limit or cease some Services at its discretion. 4.3 You can discontinue Service use anytime. The Company is not responsible for use outside these TOS or applicable terms. 4.4 Internet access and related fees are your responsibility, along with necessary equipment provision. The Company may set and modify usage or storage limits at its discretion.
5. Risks and Considerations
5.1 Receiving Health Information is irreversible. Not all information may be favorable, and unexpected findings are possible. 5.2 Scan accuracy is high, but not guaranteed, with external factors potentially causing inaccuracies. 5.3 Some discomfort may occur during Services, especially in confined spaces or due to physical conditions. 5.4 Certain tests involve x-ray radiation exposure, with safety thoroughly evaluated by the Company. However, consultation with a health professional about the radiation and its risks is advisable. 5.5 Health Information should not solely guide health decisions. The Company's advice, based on your data and general queries, is informational and may not account for all personal health factors. 5.6 Sharing Health Information carries potential risks, including misuse. Discussing this information with healthcare providers might incorporate it into your medical record, potentially affecting future healthcare or insurance interactions. 5.7 The Company's Services are intended for informational and educational use, not as medical advice. Professional healthcare consultation is recommended for any health-related decisions. 5.8 Licensing varies by jurisdiction, with some areas not requiring licenses for the Company's operations.
6. User Agreements
By using the Company's Services, you: 6.1 Acknowledge that the information from the Company is for informational and educational purposes, not for diagnosis or treatment. 6.2 Confirm your age as 18 or older for Health Information provision, or 13 or older with adult permission for account creation without direct Service engagement. 6.3 Understand the potential emotional impact of the information received. 6.4 Assume responsibility for the consequences of sharing your Health and Self-Reported Information. 6.5 Agree to the Company's data handling as per the Privacy Statement. 6.6 Waive rights to any research or commercial outcomes based on your provided information, without entitlement to compensation. 6.7 Breach of these terms grants the Company the right to suspend or terminate your account and refuse future Service use, with an obligation on your part to defend and indemnify the Company against related liabilities.
7. Account and Security
7.1 You commit to providing accurate Registration Information and updating it as necessary. Inaccurate or outdated information may lead to account suspension or termination. 7.2 Account and password confidentiality is your responsibility, with liability for all activities under your account. 7.3 Immediate breach notification and session closure at each use end are required. The Company is not liable for losses from non-compliance with these security obligations.
8. Privacy Acknowledgment
8.1 Service use requires acknowledging and agreeing to our Privacy Statement. By using the Company's Services, you consent to our data handling practices. 8.2 The Company may monitor system use and keep monitoring records. The Privacy Statement outlines privacy expectations related to Company Services, website, or systems.
9. Limited License
9.1 User Content responsibility lies with you. The Company protects its Service content through copyright and other intellectual property rights. 9.2 Unauthorized content use, modification, or distribution is prohibited unless explicitly allowed by the Company or content owners. 9.3 A Limited License is granted for non-commercial distribution of unmodified Service content, excluding personal Health and Self-Reported Information and content marked otherwise, under specified conditions.
10. User Conduct
10.1 You pledge lawful and appropriate Service use, avoiding any actions that harm, overload, or compromise Service integrity or other users' enjoyment. 10.2 Unauthorized material or information access is forbidden. 10.3 Prohibited behaviors include offensive content sharing, impersonation, unauthorized identifier manipulation, harassment, and unauthorized advertising. 10.4 The Company reserves the right to suspend or terminate accounts for violation of these conduct rules.
11. Content Responsibility
11.1 The Company does not control user-posted content, disclaiming liability for its accuracy or quality. 11.2 Exposure to offensive or inappropriate content is possible. 11.3 The Company may screen, modify, or remove content at its discretion without obligation.
12. Your Content Rights
12.1 You retain copyright over your User Content, granting the Company a broad license to use it as part of the Services. 12.2 This license extends to making your content available to third parties and adapting it for technical requirements. 12.3 Health and Self-Reported Information sharing is governed by explicit consent, barring legal requirements. 12.4 Publicly shared information is beyond the Company's control.Indemnity You agree to indemnify the Company against claims arising from your content, Service use, account misuse, TOS violations, or rights infringement.
13. Service Resale
Commercial use or resale of the Company's Services without a separate agreement is prohibited.
14. Service Modifications
The Company may modify or discontinue Services, notifying users of significant changes, without liability for such adjustments.
15. Use and Storage Practices
The Company sets general Service use and storage guidelines, subject to change, with no liability for content or data loss.
16. Service Modifications
The Company may modify or discontinue Services, notifying users of significant changes, without liability for such adjustments.
17. Termination
17.1 You or the Company can terminate this agreement, with procedures for account closure outlined. 17.2 The Company may end the agreement under specific conditions, with potential legal referral for fraudulent or illegal activities.
18. Terms Survival
Certain TOS provisions survive agreement termination, maintaining ongoing rights and obligations.
19. Third-Party Interactions
The Company is not liable for your dealings with third parties accessed through the Services.
20. External Links and Resources
The Company does not endorse or assume liability for third-party content, products, or services linked through the Services.
21. Proprietary Rights
The Company holds all rights to the Services and associated intellectual property, with specific protections for software and content. Unauthorized use of Company Marks or proprietary information is prohibited.
22. Warranties Disclaimer
The Company disclaims all warranties to the extent permitted by law, emphasizing the "as-is" Service provision without guarantees for performance, accuracy, or error correction.
23. Liability Limitation
The Company's liability for Service-related damages is limited under applicable laws, excluding indirect or incidental damages.Notices Communication regarding the TOS or Service-related matters will be through email or mail, based on the information you provide. Legal notices to the Company must follow specified procedures.
24. TOS Changes
The Company may update the TOS, with continued Service use signifying agreement to new terms.
25. TOS Violation
Consequences Suspected or actual TOS violations can lead to account suspension or termination.
26. Contact
For clarification on any of these terms contact us at support@leanbodyscan.com
27. General Provisions
27.1 The TOS encompass the full agreement between you and the Company, with governing law and arbitration procedures outlined. 27.2 Waiver, cause of action, printed version admissibility, section titles, severability, amendments, and assignment clauses detail additional terms and conditions.
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