YOU lead Conditions of Use
Last Updated: November 20, 2017
Welcome to YOU LEAD. YOU LEAD and/or its affiliates provide website features and other products and services to you when you visit or select a procedure through our existing website and any other current or future websites, mobile applications or other distribution channels (collectively, the “Site”). YOU LEAD provides the YOU LEAD Services subject to the following conditions. By using YOU LEAD Services, you agree to these conditions. Please read these Conditions of Use carefully.
We offer a wide range of health, fitness and wellness services, and sometimes additional terms may apply. When you access or use our Site, or receive or use Coaching Services or other products or services, these Conditions of Use will apply and you also will be subject to any additional guidelines, terms and agreements applicable to that specific service (“Ancillary Agreements”). If these Conditions of Use are inconsistent with such Ancillary Agreements will control.
YOU LEAD may change or modify these Conditions of Use from time to time without notice. We encourage you to periodically read the Conditions of Use to see if there have been any changes. Your continued use of the YOU LEAD Services will signify your continued agreement to the Conditions of Use as they may be revised.
You agree and warrant that you are 18 years of age or older and that you are authorized to accept these Conditions of Use. You further represent and warrant that your use of the YOU LEAD Service and the MindBody App is for your sole and personal use and that you will not authorize others to use your MindBody App account or user status, or assign or otherwise transfer your account to any other person or entity.
If you do not agree to these Conditions of Use, you may not access or use the Site, access the MindBody Application Site or access or receive YOU LEAD Services.
1. In this Agreement, the following defined terms will apply:
(i) The term “company”, “we”, “us”, or “YOU LEAD” means YOU LEAD LLC, a Maryland limited liability company;
(ii) The terms “YOU LEAD Customers” or “Customer” or “Customers”, “User”, “Users” and the word “you” or “your” refer to any person using the Site to obtain YOU LEAD Services, and/or using the MindBody App to facilitate payment of Coaching Services from YOU LEAD Providers;
(iii) The term “YOU LEAD Providers” refers to the independent contractor-providers who offer Coaching Services through the YOU LEAD Service;
(iv) The term “YOU LEAD Service” or “YOU LEAD Services” means (i) the YOU LEAD appointment booking service made available to facilitate commercial connections for Coaching Services between Customers and Providers through the use of this Site; and (ii) the means provided by YOU LEAD for Customers to access the MindBody App in order to pay for Coaching Services. The YOU LEAD Services also includes any and all related software or other technology and know-how whether owned by YOU LEAD or a third party and utilized in connection with the YOU LEAD Service;
(v) The terms “Coaching Service” and “Coaching Services” mean those health, fitness and wellness services provided to Customers by Providers, and arranged through the YOU LEAD Service.
(vi) The term “content” means text, information or related material; graphics and images; audio, including music; video and software existing or made available through the YOU LEAD Service. Content includes any content that YOU LEAD makes available, including that which is licensed from a third party (including, if applicable, through MindBody), but it does not include any User or Provider content. The term “User content” refers to content that a User posts, uploads, publishes, submits or otherwise transmits to be made available through the YOU LEAD Service or MindBody App. The term “Provider Content” refers to content that a Provider posts, uploads, publishes, submits or otherwise transmits to be made available through the YOU LEAD Service.
To schedule Coaching Services, you must create an account through the MindBody App, which is owned and operated through MindBody, Inc. You are required to establish an account with MindBody in order to use the MindBody App and the MindBody Terms control your use of the MindBody App, including how MindBody, Inc. collects, processes and stores any information you provide through the MindBody App. You represent and warrant that you either own or have express permission to make available through the MindBody App any and all material you make available and that neither the content you make available nor our use or MindBody’s use of it will infringe, misappropriate or otherwise violate any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of privacy or publicity or result in a violation of any law or regulation.
In addition, you must also send us a request for Coaching Services. You may do this via the Site or by emailing us at firstname.lastname@example.org. Once we receive your request, you will receive an email from us, introducing you to your Provider. Communications between you and your Provider will be as mutually agreed and may be through telephone, text, and/or email (or any other agreed upon communication methods). You and the Provider will jointly agree upon the schedule for your Coaching Services. The Provider will schedule the Coaching Service for you and you will receive a confirmation email from us at email@example.com. You must contact us at firstname.lastname@example.org if you wish to change or cancel a Coaching Service, and you must also communicate the request to your Provider. You will not have access to the scheduling calendar or the ability to implement changes or cancellations.
3. PAYMENT AND RELATED TERMS
Pricing for Coaching Services is shown on the Site and is subject to change at any time. Price changes are effective as to Coaching Services ordered after the effective date of the change stated on the Site. You should refer frequently to the Site for current pricing and fee information.
Fees become payable immediately upon the scheduling of any Coaching Services. Fees are processed through the MindBody App upon conclusion of each Coaching Service. Fees are non-refundable, other than for Coaching Service appointments cancelled at least 24 hours in advance of the appointment start time and, except for permitted cancellations, no refunds, credits or other amounts will be provided, except in cases of charge-related numeric errors by us or by MindBody. MindBody errors must be addressed directly with MindBody, Inc. In order to use the MindBody App, you must provide information for at least one valid and operational credit card through the MindBody App. You may at any time edit such information.
To the extent permitted by law, you understand and agree that we may use MindBody, Inc. or any other third party as our payment processor to process payments for Coaching Services and in connection with any other products, programs or services ordered through the YOU LEAD Service.
It is your responsibility to maintain the confidentiality of your MindBody App account information, including any name, password and other information submitted through the MindBody App to YOU LEAD or to MindBody, Inc. You may not assign or otherwise transfer your account to any other person or entity, nor may you allow others to use your user status. You may authorize YOU LEAD to make changes to your MindBody App account information, other than to your credit card information (which we will not access in any manner).
We have no control over the use of any User’s account, except to the limited extent provided for above and we hereby disclaim any liability in connection therewith. You expressly hold YOU LEAD harmless for any misuse, appropriation of funds, or other improper activity in connection with the use of the YOU LEAD Service or your MindBody App account.
4. DISCLAIMERS; NO WARRANTIES
In using the YOU LEAD Service and/or MindBody App, you further expressly understand, acknowledge and agree that:
a. The YOU LEAD Service does not include, and YOU LEAD does not itself provide Coaching Services. Rather, YOU LEAD offers information about Coaching Services made available by Providers and a means for Customers to schedule and pay for appointments with Providers through the MindBody App.
Providers are independent contractors of YOU LEAD and are not our employees, agents, partners, joint-venturers, or franchisees. As such, we have no control over any Provider or over his or her suitability, integrity, or reliability or the quality, suitability, completeness or provision of (or failure to provide) Coaching Services by any Provider. Providers may, in their sole discretion, accept or reject a booking request (although we will use reasonable efforts to locate a Provider to provide you with requested Coaching Services). YOU LEAD does not guaranty any contract, agreement or understanding for the provision of any Coaching Service by a Provider.
b. Your use of the YOU LEAD Service and of the MindBody App is at your own risk, and YOU LEAD has no responsibility for, and undertakes no liability with respect to, the Coaching Services provided by YOU LEAD Providers or with respect to MindBody, Inc. in connection with your use of the MindBody App or by any other third party provider providing services or products in connection with your access to or use of any of the foregoing. The YOU LEAD services are provided strictly on an “as is” basis without any warranties of any kind, either express or implied, statutory or otherwise, including but not limited to warranties of merchantability, suitability for any particular use or purpose or non-infringement. YOU LEAD expressly disclaims all warranties, representations, conditions or indemnities, express or implied, in connection with the provision of Coaching Services, including without limitation, any representation or warranty as to the information provided by or about Providers and any acts or omissions of Providers or MindBody, Inc.
c. Neither YOU LEAD, MindBody, Inc. nor any of their affiliates, subsidiaries, owners, shareholders, directors, officers, employees, attorneys, managers, representatives, agents, licensors or licensees (collectively, the “Released Parties”) is or shall be deemed liable or otherwise responsible for any claim, injury, loss or direct damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, and even if advised of the possibility of such damages, which arise out of or are in any way connected with (a) these Conditions of Use, (b) your use of the YOU LEAD Services, Coaching Services, or of the MindBody, Inc. App, (c) any act or omission on the part of YOU LEAD, or of a Provider or MindBody, Inc. whether or not related to the services offered or delivered through the YOU LEAD Service. For clarity, YOU LEAD disclaims any responsibility of injury, damage or loss in connection with the use of any equipment by a YOU LEAD Provider or for injury or loss incurred in the course of any exercise or other physical activity performed at the direction, request or suggestion of any YOU LEAD Provider. You therefore hereby release and hold harmless YOU LEAD and the remaining Released Parties from any and all types or kinds of claims, demands, damages (whether known or unknown, disclosed or undisclosed) and liabilities of every kind described in the preceding sentence, that may be in any way connected to the access to or use of the YOU LEAD Services, the MindBody App, Coaching Services, or disputes between users and/or you and a Provider and/or you and MindBody, Inc.
d. IN NO EVENT SHALL YOU LEAD OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE YOU LEAD SERVICES INCLUDING THE SITE, OR ANY CONTENT OR OF THE MINDBODY APP OR ANY COACHING SERVICES, OR ANY ORDER, RECEIPT OR USE OF ANY COACHING SERVICES OR OTHERWISE RELATED TO THESE CONDITIONS OF USE (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM YOU LEAD OR ANY RELEASED PARTY, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR INFORMATION, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF YOU LEAD AND THE OTHER RELEASED PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF COACHING SERVICES OR OTHER PROGRAMS, PRODUCTS OR SERVICES PURCHASED THROUGH THE YOU LEAD SERVICE, OR (B) ACCESS OR USE OF THE SITE OR CONTENT OR THE MINDBODY APP, EXCEED THE GREATER OF $500 OR THE AMOUNT YOU PAID IN CONNECTION WITH THE YOU LEAD SERVICE THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE YOU LEAD’S AND THE OTHER RELEASED PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE YOU LEAD AND THE OTHER RELEASED PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY OF THEM FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE CONDITIONS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer services, so this limitation may not apply to personal injury claims.
e. We do not represent, warrant or guarantee that the YOU LEAD Services, including the Site, or the MindBody App will be continuously available or secure from or free of trojan horses, worms, or any other viruses, that might cause damage to your software or hardware or otherwise cause you harm.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless YOU LEAD and the Released Parties, from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the YOU LEAD Services, including the Site and Content or of the MindBody App, (b) your violation of these Conditions of Use, (c) your violation of the rights of another, and (d) any third party’s use or misuse of the YOU LEAD Service, MindBody App, or Coaching Services. You agree to promptly notify YOU LEAD of any Claims and cooperate with the Released Parties in defending such Claims. You further agree that the Released Parties shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and YOU LEAD.
6. INTELLECTUAL PROPERTY AND PROPRIETARY INFORMATION
a. The Site and all content included in or made available by YOU LEAD through the Site, excluding Provider content and User content are the property of YOU LEAD or its parent or affiliated companies and its or their licensors or other providers and suppliers including MindBody, Inc. (“Suppliers”) and protected by United States and international copyright laws. The compilation of all content is the exclusive property of YOU LEAD or its suppliers and protected by U.S. and international copyright laws. The name “ YOU LEAD ,” the “YOU LEAD” logo and any other YOU LEAD service names, logos or slogans that may appear on the Site or elsewhere are owned by YOU LEAD or its affiliated companies and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatarsi or other “hidden text” utilizing “YOU LEAD” or any other name, trademark or service name of YOU LEAD without our prior written permission. In addition, the look and feel of the Site and YOU LEAD Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of YOU LEAD and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, service names and company names or logos mentioned on the Site or YOU LEAD Services, including those of MindBody, Inc. are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any services, services, processes or other information by name, trademark, provider, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by YOU LEAD.
b. We do not currently but may in the future display content, advertisements and promotions from third parties through the Site or in in connection with the YOU LEAD Service (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content including Providers are solely between you and such third parties, and that YOU LEAD is not responsible or liable in any manner for such interactions or Third Party Content.
d. YOU LEAD hereby grants to you, subject to your strict compliance with the terms and conditions of these Conditions of Use, a limited, non-exclusive, non-transferable and revocable license to use the YOU LEAD Services, and Content, including Third Party Content, and related technology solely to support your permitted use of the YOU LEAD Services. Any and all other uses are prohibited. You agree that you will not attempt to sublicense the rights granted here, and that you will not use, copy, adapt, modify, prepare derivative works from, distribute, sell, transfer, stream or otherwise exploit any content available through the Site except as expressly permitted by and in these Conditions of Use or by separate agreement with us. You further agree not to modify or make derivative works from the content or any Third Party Content or create links to the Site or frame or reverse engineer or mirror of content for any use without our express consent.
7. USE RESTRICTIONS
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by these Conditions of Use and, in addition, will not:
• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Use or attempt to use another User’s account without authorization from such User and from us and MindBody;
• Use the Site or the MindBody App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site or MindBody App or that could damage, disable, overburden or impair the functioning of either in any manner;
• Reverse engineer any aspect of the Site or MindBody App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Site or the MindBody App that you are not authorized to access;
• Develop any third party applications that interact with User Content or the Site without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site or the MindBody App, extract data or otherwise interfere with or modify the rendering of Site or the MindBody App functionality;
• Bypass or ignore instructions contained in the robots.txt file that controls all automated access to the Site or the MindBody App; or
• Use the Site or the MindBody App for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Conditions of Use.
• Use the YOU LEAD Service or MindBody App to advertise or offer any goods or services that compete with goods or services offered through the YOU LEAD Service or MindBody App or attempt in any fashion to establish a commercial relationship with any Provider for the purpose of circumventing our role as a facilitator of such relationships and in denial of our economic participation in your use of services from a Provider;
• Without our express agreement, use the YOU LEAD Service for any commercial purpose or gain or to solicit for any other service, business, website or organization or to seek employment, contracts or other business or advantage unrelated to our services;
• Suggest or imply any non-existent relationship with YOU LEAD, a Provider, MindBody or any user or any other person or entity or imply any endorsement by any such third party or entity;
• Provide to or through the Site or MindBody App any information (i) about you or otherwise that is false or misleading or inaccurate, (ii) that is fraudulent or part of any illegality; (iii) that involves the purchase or sale of items that are stolen or counterfeit; (iv) that violates any law, statute, regulation or ordinance of any kind whatsoever; (v) that infringes any of content or any User content, Provider content or Third Party Content, including any copyright, patent, trademark trade secret of any other proprietary right or right of privacy;
8. LINKS TO OTHER WEBSITES
YOU LEAD makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site or of websites linking to the Site. This includes any websites maintained by MindBody, Inc. or any other of our third party payment processors or delivery service providers including Providers. When you link to those websites, you leave the Site. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. Further, we have no control over the business practices or policies of operators of such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Site, you should be aware that our Conditions of Use and related policies no longer govern. You should review the applicable conditions and policies, including those of privacy and data gathering practices, of any site to which you navigate from the Site. YOU LEAD expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon, does not endorse and is not responsible or liable for any advertising, services, materials or services available from such sites or resources and/or any claims, representations or warranties made by third parties with respect to their goods or services. Your use of any links is at your own risk. You further acknowledge and agree that YOU LEAD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any goods, services or materials available on or through any such link, site or resource.
9. TERMINATION AND SUSPENSION
YOU LEAD reserves the right to terminate, suspend, or modify without notice the YOU LEAD Services and/or these Conditions of Use and/or its relationship with MindBody, Inc. and/or any Provider at any time, including in connection with your breach of any of these Conditions of Use or your breach of any terms applicable to your use of the MindBody App. You agree that no termination or modification shall give rise to any liability whatsoever on the part of YOU LEAD.
In addition, we reserve the right to pursue all other available legal rights and remedies available to us and you agree that, following termination or suspension, we have the right to enforce these Conditions of Use against you.
You may terminate these Conditions of Use at any time by ceasing to use the YOU LEAD Service. In such event, any and all provisions of these Conditions of Use which reasonably should survive termination, including providing for the protection of other Users, YOU LEAD, MindBody and all other third parties shall so survive.
10. DISPUTE RESOLUTION, GOVERNING LAW
These Conditions of Use, your access to and use of the Site and YOU LEAD Services and your order, receipt and use of Coaching Services and any other products, programs or services through the YOU LEAD Service shall be governed by and construed and enforced in accordance with the laws of the State of Maryland, without regard to conflict of law rules or principles (whether of the State of Maryland or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of the State of Maryland, provided that we may seek injunctive or other equitable relief to protect Content or other intellectual property in any court of competent jurisdiction. We each agree to waive all right to a jury trial in connection with any matters covered by these Conditions of Use.
11. PRIVACY STATEMENT
Currently YOU LEAD does not capture any of your personal information, other than information contained in any emails that you send to us, requesting Coaching Services. This information could include such personal information as your name, address, email address, telephone number and any information regarding your health that you would like to address with a Provider who you retain to provide Coaching Services. We may retain a record of such emails and may share this information with a Provider in order for that Provider to communicate with your regarding your specific requests. We may also access your personal information provided through the MindBody App, to the extent that you have authorized us to do so (as described above).
We may use your personal information for various purposes, including to deliver the YOU LEAD Services and to facilitate your use of Coaching Services; send you confirmation notices, as described elsewhere in these Conditions; provide, maintain and improve the Site and YOU LEAD Service; research, monitor and analyze trends, usage and activities in connection with the Site; personalize and improve the Site, and identify appropriate Providers based on your specific needs; detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of YOU LEAD and others; and to carry out any other purpose for which the Information was collected.
We may share your personal information as described in this Policy, including as described below, with our service providers who need access to such information to carry out work or perform services on our behalf; with Providers in connection with the initial introduction of you to a Provider to arrange Coaching Services and thereafter to the extent you have authorized a Provider to provide you with Coaching Services; with MindBody if you have authorized us to access and modify your information in the MindBody App; in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, or legal process; if we believe your actions are inconsistent with these Conditions of Use or other policies, or to protect the rights, property or safety of YOU LEAD or others, including to defend against legal claims; in order to investigate, prevent or take other action regarding actual or suspected illegal activity or other wrongdoing; to protect and defend our rights, property or safety, our that of our employees, Providers, or agents, or any other third parties; in connection with, or during negotiations of, any merger, acquisition, sale of assets or any business, other change of control transaction or financing relating to YOU LEAD; the recipient of your personal information may subsequently use your Information under the terms of their own privacy policies, which may differ from the provisions in these Conditions of Use; and between and among us and any current or future parent, subsidiary and/or affiliated company.
PLEASE NOTE that Providers and any other third party to whom you provide personal information (including MindBody), may retain or use such Information whether or not you choose to transact business with them. You should contact such Providers and other third parties directly concerning their respective privacy and information sharing practices and policies
We may also collect and share non-personally identifiable information, including personal information that is aggregated and anonymized with third parties in our discretion. In addition, we and our service providers may use, and MindBody and Providers may use, various tracking technologies, including cookies and web beacons, to collect information about you when you interact with our Site, the MindBody App and any other third party websites or applications. Cookies are small data files stored on your hard drive or in device memory that help us improve the Site and your experience, see which areas and features of the Site are popular, and count visits. Web beacons are electronic images that may be used in the Site or emails and help deliver cookies, count visits and understand us.
We take reasonable and industry-appropriate measures to help protect Information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please understand, however, that no security system is impenetrable. Like other companies, we cannot guarantee 100% the security or confidentiality of your personal information. Consequently, while we endeavor to safeguard your Information against unauthorized access and disclosure, we do not warrant or guarantee the absolute security of any personal information you transmit to, from or through the Site. In particular, email sent to or from the Site may not be secure, and you should therefore take special care in deciding what personal information you send to us via email. In the event of a breach of the confidentiality or security of your personally identifiable Information, we will notify you as required by law, if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the e-mail address(es) we have on record for you or through alternative means.
Please note that once you leave the Site, whether independently or via links from the Site, the privacy policies of the site to which you migrate will apply. These Conditions of Use apply to your interactions with our Site only.
We do not knowingly collect any personal information from children under the age of 13. Coaching Services are intended for use by adults only. We request that children under the age of 13 not access the Site or submit any personal information through the Site. If we are advised in writing that we have inadvertently received or collected personal information from a child under 13 years of age, we will remove such information from our database.
Our operations are conducted within the United States. If you access the Site from outside the United States, your connection may be through and to servers located in your country or the United States. Any Information you provide may be processed and maintained in the United States on servers and/or other network systems operated by or for our benefit. Regardless of where you live, you consent to have your personal Information transferred, processed and stored in the United States, and allow us to use and collect your personal Information in accordance with these Conditions of Use. IF THE JURISDICTION IN WHICH YOU ARE LOCATED OR YOUR COUNTRY OF ORIGIN HAS LAWS OR REGULATIONS WHICH REQUIRE THAT YOUR PERSONAL INFORMATION BE RECEIVED USED, SAVED, TRANSFERRED AND/OR OTHERWISE HANDLED IN A MANNER DIFFERENT THAN AS STATED IN THIS POLICY, THEN YOU ARE NOT AUTHORIZED TO UTILIZE THE SITE. IF YOU ACCESS THE SITE FROM AND/OR RESIDE OUTSIDE OF THE UNITED STATES, YOUR INFORMATION MAY BE STORED, TRANSMITTED AND SHARED IN ACCORDANCE WITH U.S. DATA PRIVACY LAWS WHICH MAY NOT BE EQUIVALENT TO THOSE IN EFFECT IN YOUR COUNTRY. YOU EXPRESSLY AGREE THAT YOU WILL NOT USE THE SITE WITH ANY EXPECTATION OF GREATER PRIVACY RIGHTS THAN THOSE TO WHICH YOU HAVE EXPRESSLY AGREED AS STATED ABOVE.
These Conditions of Use constitute the entire agreement between you and YOU LEAD relating to your access to and use of the YOU LEAD Service, including the Site, and your access to Coaching Services and/or the MindBody App through the YOU LEAD Service. If any term, clause or provision of these Conditions of Use is held invalid or unenforceable, then that term, clause or provision will be severable from these Conditions of Use and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Conditions of Use. These Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of YOU LEAD. No waiver of any provision of these Conditions of Use will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and YOU LEAD’s failure to assert any right or provision under these Conditions of Use shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Conditions of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. The provisions of these Conditions of Use, which, by their terms imply survival, shall survive the expiration or termination of these Conditions of Use and the termination of your YOU LEAD account.
We have agreed that the language of these Conditions of Use shall be English.