Terms & Conditions

Last updated: March 12, 2019

Carefully read these Terms and Conditions("Terms", "Terms and Conditions") before you use the www.elleleonard.com website (the "Service") operated by Elle Media, LLC, a Delaware limited liability company.

Your access to and use of the Service is conditioned upon both your acceptance of and compliance with these Terms. These Terms apply to all users, visitors, and others who access or use the Service.

You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the Terms, then you do not have permission to access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Elle Media, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Elle Media, LLC, and its licensors’, trademarks and trade dress may not be used in connection with any product or service without its prior written consent.

Links To Other Web Sites

The Service may contain links to third-party web sites or services neither owned nor controlled by Elle Media, LLC. Elle Media, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Elle Media, LLC does not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Elle Media, LLC 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 use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

Elle Media, LLC strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services you visit.

Indemnification

You agree to defend, indemnify and hold harmless Elle Media, LLC and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event will Elle Media, LLC, its employees, itspartners, agents, its suppliers, or its affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Elle Media, LLC has been informed of the possibility of such damage, and even if a remedy set forth here is determined to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, accuracy of content, fact, or opinion, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Elle Media, LLC, its subsidiaries, its affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Disclaimer Concerning Opinions & FDA Evaluation

By using the Services, you understand and accept Elle Media, LLC is not a doctor, medical professional, licensed nutritionist, or registered dietician. The Services are a reflection of its personal beliefs and opinions, based on research it has reviewed in the food and fitness industry. Always consult with your doctor before changing your diet, or starting a new exercise program. 

By using the Services, you understand and accept statements within the Services have not been evaluated by the Food and Drug Administration. No products or information are intended to diagnose, treat, cure or prevent any disease.

Truth in Advertising

Elle Media, LLC may discuss third-party products and services on the Services. At times these third-party products or services may involve certain connections to the third-parties, such as, monetary payments or gift-cards, employee or business relationships, friendships, family relationships, arms-length business deals, receipt of free or discounted products or services, and so on. By using the Services, you understand and accept that Elle Media, LLC may receive some form of compensation associated with its discussion of these products or services.

Notice for California Users

Users of the Service from California are provided this consumer rights notice under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at elleleonardblog@gmail.com. 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms will be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.

Elle Media, LLC’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements Elle Media, LLC might have had between us regarding the Service.

Dispute resolution, informal efforts, arbitration, and class actions

Elle Media, LLC is always interested in the amicable and efficient resolution of any disputes. Accordingly, prior to seeking any relief from any outside source, you agree to contact her, as provided below, and provide it with no less than thirty-days to resolve the dispute. In the event its efforts are unsatisfactory to you, then you must first send it a written notice of dispute, by certified mail, to 16869 SW 65thAve Suite 422. Lake Oswego, OR 97035. Your written notice of dispute must include a description ofthe nature and basis of your claim or dispute and set forth the specific relief you seek. If you and Elle Media, LLC are unable to resolve the claim within sixty calendar days after Elle Media, LLC receives the notice, you or Elle Media, LLC may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by Elle Media, LLC will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Elle Media, LLC is entitled.

Notwithstanding the foregoing, you agree that any and all disputes or claims that have arisen or may arise between you and Elle Media, LLC, whether arising out of or relating to this Terms and Conditions (including any alleged breach thereof), the Privacy Policy, the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration to the exclusion of any other dispute resolution entity or process. However, neither Elle Media, LLC nor this provision 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 Elle Media, LLC on your behalf.  You agree that, by entering into these Terms and Conditions, you are waiving any 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 agreement to arbitrate disputes. Arbitration will be conducted under the American Arbitration Association’s rules and procedures, as modified by these Terms. 

Class Actions Prohibited

You agree and understand that you may only bring a claim against Elle Media, LLC on an individual basis. You are not able to bring a claim against Elle Media, LLC as a plaintiff or class member in any purported class or representative action or proceeding. Unless Elle Media, LLC agrees in writing, no arbitrator may consolidate ore join more than one person’s claim. Unless Elle Media, LLC agrees in writing, no arbitrator may preside over any form of a consolidated proceeding. Unless Elle Media, LLC agrees in writing, no arbitrator can award relief (including monetary, injunctive, and declaratory relief) in excess of the amount and scope necessary to provide relieve necessitated by your individual claim, except that you may pursue a claim for, and an arbitrator may award, public injunctive relief to the extent necessary to sustain the enforceability of this provision.

Changes

Elle Media, LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, then Elle Media, LLC will provide at least 30 days notice prior to any new terms taking effect. Elle Media, LLC may provide such notice by regular mail, email, or prominent placement of the same on the Service. What constitutes a material change will be determined at its sole discretion. You agree to be bound by the revised terms by continuing to access or use its Service after any revisions become effective. If you do not agree to the new terms, then you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact Elle Media, LLC by email at elleleonardblog@gmail.com.