Terms of Use

LEAP HEALTH CORPORATION: Terms of Use

The following text outlines the rules and restrictions that govern your use of this website, www.leaphealthy.com and all subdomains, associated mobile application(s), and the resulting services rendered including but not limited to in-person and online consultations, appointments, sessions, programs, and treatments (the “Services”) by LEAP HEALTH CORPORATION and any third-party persons, entities and affiliates that LEAP Health Corporation engages in business with. (collectively, “LEAP”, “we”, “our” and “us”)

By using this website and all included features, content, and information (the “Site”) and any resulting Services, you are agreeing to this document’s outlined terms and conditions (the “Terms”) which are subject to change from time to time. The terms are a binding contract between you and LEAP.

Your use of the Site requires that you comply with the Terms. If you engage in Services, that will imply your agreement to all Terms. You will be expected to uphold these Terms until use of the Services are ceased. These Terms include the provisions detailed in this document, as well as those in the Privacy Policy. LEAP reserves the right to change, edit, delete or revise components of the site and/or the terms without notice. You are agreeing that we are not liable or responsible for any claim, loss or damages directly or indirectly related to the use of the Site and any of the Services. Your use is subject to the disclaimers and limitations included in the Terms.

Updates to the Terms 

In an effort to constantly improve Services, these Terms are subject to change at any point. Updates, edits, revisions, and removals of Terms will be reflected in this document. By using the Services in any way after an update of the Terms, you are in turn agreeing to all of the effective changes. You are under no obligation to continue using Services if you do not agree with the Terms; however, you must cease immediately to use any of the Services. 

Privacy and Information Protection

For more information, please read our Privacy Policy.

We also do not knowingly collect or solicit personally identifiable information from individuals residing outside of the United States. If you reside outside of the United States, please do not attempt to use the Services or send any personal information about yourself to us. If we learn that we have collected personal information from an individual residing outside of the United States, we will delete that information as quickly as possible.

Health Insurance Portability & Accountability Act

You understand that LEAP and its affiliates is may or may not operate as a “health care provider” depending on the Services rendered. If services rendered qualify LEAP as "covered entity" as defined by the Health Insurance Portability & Accountability Act of 1996 ("HIPPA"), LEAP will abide by all standards to protect your personal health information (your "PHI"). If LEAP and/or an independently contracted provider exclusively provides fitness, wellness, performance, maintenance or other non-covered Services to you, LEAP is not deemed a provider of "health care" and does not fall under HIPPA guidelines. If you receive Services that qualify LEAP as a provider of "health care" (e.g. physical therapy services), LEAP will follow all HIPPA guidelines to protect your PHI. PPA, LEAP takes our responsibilities regarding your personal health information very seriously and will make reasonable accommodations to keep it secure. LEAP reserves the right to use and share any of the information you provide or we collect in an attempt to better improve the quality of Services. Your use of our Site and Services mean you accept these Terms and acknowledges that you understand the Privacy Policy. If you have questions please reach out to LEAP directly. You are personally responsible for protecting your customer information, username/password and other personal information on our website or mobile app. You’re responsible for any activity associated with your web or mobile account.

Children’s Policy 

The Children’s Online Privacy Protection Act (“COPPA”) requires operators of online services to get parental consent before knowingly collecting personal information from children under 13 years of age. LEAP does not knowingly collect or solicit personally identifiable information from children under 13. If you are under the age of 13, we require a parent or legal guardian to utilize our Site on your behalf. Do not utilize the Site or Services or contact LEAP in any way if you are under the age of 13. If we are made aware that we have collected information from a child under 13, the information will be deleted.

LEAP Data and Content Protection

Through our Site and Services, cyber and ‘hard-copy’ information and materials including, but not limited to, text, images, illustrations, data, articles, resources and programs (all these encompass the “Content”). are protected by copyright and/or other intellectual property laws. By use of our Site and Services, you agree that you will abide by all copyright and intellectual property laws when utilizing the Content you access. You will not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you without the prior consent of the LEAP.

Providers

An employee, partner, and/or individually contracted persons who will render in-person or online Services on behalf of LEAP (a “Provider” or the “Providers”). Providers are also referred to as "coaches" or "coach".

In-person Services

The Services we provide in-person may be in your own home, place of work, or other location (a “Session” or “Sessions”). LEAP provides an array of Services (including but not limited to fitness, wellness, education, preventative care, or physical therapy to eligible persons from eligible providers) during a Session. Before receiving a Session, you must register with LEAP by booking a consultation or Session through our website or over the phone with the assistance of LEAP. You agree to provide us with complete and accurate personal information during this onboarding process. If registering on behalf of someone else, please make note of this during the process, and please ensure all information is accurate and complete. To utilize Services, you must sign a liability waiver and consent form before receiving Service from a Provider. By receiving services you are consenting to all treatment procedures and Services to be performed on you by a Provider.

If you are registering for the Services of a minor (under the age of 18), you (the parent or legal guardian) must agree to these Terms on behalf of yourself and on the minor’s behalf to use the Services. Additionally, you as the parent or legal guardian of the child must sign all intake and legal documents such as a liability waiver and consent form. If Services and/or a Session are utilized, you hereby grant LEAP permission to treat such minor. A parent or legal guardian must remain present on-site for the treatment of minors under the age 16 years old.

By utilizing the Services, you agree that all Services will be used for your personal use. If is forbidden to use any tangible or intangible component of Services for shared or commercial use, or to benefit any third party or external persons. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

Online Services

A component of the Services LEAP provides are executed through online channels (website, mobile applications, email, phone). You understand that you are under no obligation to utilize these online services and any personal information you provide as a result of the utilization of these online services may be accessed and utilized by LEAP and our affiliates. Children under the age of 13 are not eligible for online services. Services will be terminated if these Terms are violated.

 

You agree and understand that LEAP owns the Site and Services, which include online services and accompanying Content. You shall not copy, reproduce, modify, publish, transmit any written, spoken or online or cyber-based Content. You shall not participate in the sharing, transfer, or sale of any Content. Additionally, you shall not create derivative works based on, any of the Content or Services. You shall not use any Content or Services for personal benefit outside of its initial intent upon gaining access to, which will be determined by LEAP.

The Services (especially online services) may allow you to take photos of, copy, or download certain Content. However, you understand that this Content is still the property of LEAP and all the aforementioned restrictions still apply. By using online services, you are also agreeing to the Terms of Use and Privacy Policies of our affiliates ("Jane App" by Jane Software Inc. [https://jane.app], "PT Distinction" [https://www.ptdistinction.com/and "Physiotrack" by Physiotrack Limited [https://www.physitrack.com/]) and do not hold LEAP liable or responsible for any damages or misfortunes either directly or indirectly caused by their usage.

Service Restrictions

Your use of the Services is subject to the following additional restrictions:

You agree that you will not use the Services or interact or engage with the LEAP and associated Site, Providers, and Services in a manner that:

  • Is unlawful by accordance with State and Federal laws

  • Is fraudulent or dishonest 

  • Is physically, socially or emotionally abusive or offensive

  • Is threatening, harassing, obscene, or otherwise off-putting;

  • Violates the intellectual property rights (including LEAP and our affiliates) that includes reproducing, copying or storing any Site, Service or Session content without written consent.

  • Threatens the security and/or safety of LEAP, Providers, our Site, and any tangible and/or intangible component of our customers including their personal information.

  • Threatens the cybersecurity and/or cyber-integrity of LEAP Site, Services or content. This includes any reasonable interpretation of “spamming”, “hacking”, “scraping” or any other attempts to jeopardize the online infrastructure, information and services that LEAP uses.

Any violation of these aforementioned Terms in the above section (as determined by LEAP) will result in the immediate termination of Services and potential legal ramifications towards the violator.

Changing the Services

In an effort to constantly improve, LEAP reserves the right to change the Services without notice. We may expand, adapt, impose limits on, restrict, suspend, or discontinue any components of the Services. LEAP also reserves the right to add new components to be included in the Services, as well as new features to the existing Services. LEAP is under no obligation to inform you of these additions, reductions, or modifications.

 

Communication with LEAP

LEAP reserves the right to contact you by phone, email, or text messaging services (phone, messaging apps, etc.) to better support our Service to you. We may contact you for any reason concerning your care, but also to inform you of programs, events, services and other information that may be of interest to you. By using our Site and utilizing Services, you are agreeing to allow LEAP to communicate with you regarding the aforementioned information, unless otherwise communicated to LEAP by you. This authorization permits LEAP to include your personal information on mailing lists, email lists, text messaging, push notifications, and other forms of electronic communication. You understand that these Terms regarding communication will remain in effect unless you directly “opt-out” by sending an email of your decision to opt-out of communication service to LEAP. This includes opting-out of marketing/promotional campaigns via email or text. 

Any text, photos or information you post, upload, share, or other submitted material through the use of the Services or the Site (your “Submissions”) is subject to unrestricted use by LEAP and our affiliates. You hereby grant LEAP the rights to use any Submissions without additional notice for any direct or indirect benefit of the Services or Site.

For all Submissions, you hereby grant LEAP a license to share, reproduce, translate and modify (for technical purposes; adapting to optimize or meet the requirements of devices, connection networks, services, or media platforms) and otherwise act in regard to your Submissions. You understand that you still own your Submissions, but you are agreeing to license the use of your it to LEAP. You are aware and agree that this Submissions license you grant LEAP is royalty-free, perpetual, encompassing, sublicensable, irrevocable, and worldwide.

If you provide any direct or indirect feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Site or Services provided via email, phone, messaging, written forms and other expressive mediums, then you hereby grant LEAP the licenses to share, display, utilize, and distribute your feedback for the purpose of improving the Services, the Site or other company-related components.

Pricing and Payments

Pricing

You agree that your engagement in the Services will individually obligate you to pay LEAP in accordance with the most current rates and Terms of LEAP. We reserve the right to adjust or modify the pricing of Services without personal notice to you. Prices on marketing materials, or other sources are NOT final. Final pricing is determined by what is an invoice to you for a membership plan. Pricing on the "Memberships" page of the Site is not final. LEAP requires that you pay for in-person Sessions and Services the day-of, before a Session and/or Services are executed, or you may pay in advance through monthly installments or all up-front. If payment at this time is not possible, Providers reserve the discretion to not render services.

You understand that at this time LEAP does NOT accept any method of reimbursement from insurance carriers. By engaging in Services, you are agreeing and accepting that insurance reimbursement is NOT an acceptable method of payment and you will be required to pay for Services through “out-of-pocket” or personal means.

Payment Method

You agree to make payments using a credit card or debit card. Methods of payment such as cash will not be accepted. When making payments, you shall provide current, complete, and accurate information for your billing purposes. Before booking an appointment and/or receiving services, you must agree to LEAP's credit card authorization consent to give the ability to keep a credit card information on file as your method of payment. LEAP reserves the right to use a third-party payment processor (the “Payment Processor”) to bill you through your bank account, debit or credit card. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by this third-party Payment Processor. By engaging in Services, you are agreeing to pay us, through the Payment Processor, in accordance with the current pricing rates and the applicable payment terms. You agree to notify LEAP or our Payment Processor in a timely manner if your payment method is void, canceled, or unusable due to theft, loss of card, account hack, or other security risks.

Payment Processing

Payment processing services for LEAP and affiliates are provided by JaneApp and an integrated Stripe account. Payments are subject to the Stripe Connected Account Agreement, which can be found HERE. This also includes the PTEverywhere and Stripe Terms of Service (collectively, the “Processor Services Agreements”). You understand that engaging in Service and therefore agreeing to the Terms outlined in this document, you agree to be bound by the Processor Services Agreements, as the same may be modified by PTEverywhere or Stripe from time to time, without notice from LEAP.

Memberships

Services (in-person and online) may be priced, structured, and delivered through a predetermined schedule, frequency, duration, and outlined plan of Services (a “Membership” or “Memberships”). When purchasing a Membership, you understand that exact pricing will vary based on your what your frequency, duration, and offerings of Services are. You understand and agree that LEAP will provide you a pricing quote that is completely at our discretion. If you engage in Services under a Membership plan, you understand that you are expected to uphold the Terms outlined in this document, as well as payment and Service schedule of your Membership (determined with your Provider). The sale of all Services, including in-person and/or online Memberships and Sessions are final. At the first appointment, you must put down a deposit that equates to the cost of two appointment Sessions. This deposit will be used to cover the cost of your last two appointments during your membership if you complete the duration of the membership.

Membership Cancellation: In-person Sessions

There is no payment refund for individually scheduled Services or Sessions. When canceling a Membership, you will forfeit the deposit amount of a two-Session rate specific to your Membership. (For example, if you cancel your membership with a per-session cost of $125, you would lose your deposit amount of $250 total). Upon initiation of a Membership, LEAP reserves the right to charge you a deposit amount that is equal to the cost of two Sessions at the agreed-upon per-session rate, per your Membership. This deposit amount will go towards or supplement the cost of your last two Sessions of a Membership, should you complete the schedule of Services. In other words, your two-Session deposit will be refunded if you complete all scheduled Services.

Membership Cancellation: Online Services

You understand that you must contact LEAP Health via the "Member's Contact Form" to cancel your online Services. The "Member's Contact Form" can be found within the 'Message Inbox' of our mobile app or on our website. Billing for the current month is final, but you may cancel at any time. You agree that you are totally responsible for managing your own membership and LEAP Health is not required to refund any payments made for any reason. If you submit a cancellation request via the "Member's Contact Form" within 72 hours after purchase, you are entitled to a full refund.

Session Cancellations and No Show 

When canceling a Session, you must inform LEAP and/or your Provider no later than 24 hours prior to your scheduled time. There will be no cost/fee to cancel a Session if you cancel within a 24 hour period. If you don't cancel within this timeframe or no show at the time of your Session, there will be a cancellation fee of $50.00 charged to your account. If your Provider does not show for your scheduled Session, they or LEAP will work with you to reschedule or provide a refund (if payment has already been made). For each 3 months of membership, you are allowed to one instance of late cancellation or no-show without a fee being charged.

Cease of Services

You may stop or cease Services at any time. As outlined above, if on a Membership plan, loss of deposit may occur. Please refer to our Privacy Policy, as well as the information above regarding Submissions licenses to understand how LEAP will utilize your information after you have ceased Services. Records shall be maintained for certain periods of time, as required by law after Services are ceased.

LEAP reserves the right to suspend or terminate Services if we decide that a breach in or violation of Terms has occurred. We retain the full, independent discretion to do this, without written or expressed notice or explanation. Providers retain the right to terminate the execution of Services for any reason, however, they must inform LEAP of their reasoning, and this information will be passed on to you, only at your request.

Some Terms and provisions shall survive the termination of Services and your voluntary engagement with LEAP and our affiliates and Providers. For example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

LEAP Health Mobile Application

LEAP hosts online health services through third party online training software and mobile application platforms that may have been branded for the use of LEAP, Clients, and Providers. The Terms in this document apply to your use of all the Services through the any applications, including the iOS, Android and Google Play editions. By receiving Services, you are agreeing to all third party Terms and Policies, as well as any applicable LEAP Terms, policies, and restrictions.

You understand that the function, interface, and features of third-party apps and software is not controlled by LEAP. LEAP is NOT responsible or liable for any application malfunction or data breach, as well as any personal damages that may occur as a result of usage of third-party applications such as the LEAP Health mobile app.

 

Miscellaneous

Warranty Disclaimer

LEAP does not make or give warranties concerning any materials or equipment used, or content contained in or accessed through the Services. LEAP is NOT responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. LEAP and its affiliates and associated licensors, suppliers, and partners (the “Associated Parties”) make no representations or warranties regarding written or verbal suggestions or recommendations of internal or external services, behaviors, actions or products provided, offered or purchased through the Services. LEAP, Providers and Associated Parties provide, Services (and all included information), Content, equipment and resources on an “as-is” basis, without warranties of any kind, either express or implied. LEAP makes NO warranty or guarantee claims towards topics or items including, but not limited to, achievement of health or fitness goals or results, Services that will error-less, miscommunications between you, LEAP and/or Providers or the effectiveness of any suggestions, recommendations or treatment methods. 

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall LEAP be liable to you or to any other person for (a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, loss or time, work stoppage, accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to LEAP in connection with the services in the six (6) month period preceding this applicable claim, or (c) any matter beyond our reasonable control. Some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.

Indemnity

To the fullest extent allowed by applicable law, You agree to indemnify and hold LEAP, its affiliates, Providers, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services, Site or Providers (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment of Terms

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or share access to your Services, in any way (by operation of law or otherwise) without LEAP’s prior written consent. LEAP may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration

These Terms are governed by and will be construed under the laws of the State of Michigan, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Livingston County, Michigan, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in the State of Michigan. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND LEAP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Other

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services and Content, provided that the LEAP may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and LEAP agree that these Terms are the complete and exclusive statement of the mutual understanding between you and LEAP, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of LEAP, and you do not have any authority of any kind to bind LEAP in any respect whatsoever. 

TERMS OF USE EFFECTIVE AS OF 5/01/2020