Terms Of Use

Terms of Use

Welcome to the Make It Green fitness application (the “Application”). The following terms of use (these “Terms of Use” or this “Agreement”), set forth legally binding terms for your use of the Application, which is provided by TreesWithLeaves, LLC (the “Company”).

  1. Acceptance of Terms of Use and Privacy Policy. Please read these Terms of Use carefully before you start to use the Application. You should also read our Privacy Policy, which is incorporated by reference into this Agreement and available through the Application as well as the privacy policy and terms of use for Google Analytics- CLICK HERE. Your use of the Application is subject to these Terms of Use and all applicable laws, rules and regulations. As used herein, the term "User" refers to each person who downloads or uses our application or otherwise accesses the Application. By downloading or accessing the Application, whether through a mobile device, mobile application or computer, and whether as a registered user or a guest, you agree that you have read, understand and agree to be legally bound by these Terms of Use and our Privacy Policy as well as Google’s privacy policy and terms and conditions for its analytics services. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not install, use or access the Application. Please contact us with any questions regarding this Agreement.

These Terms of Use may be modified by us at any time without notice.  All changes are effective immediately. You can review the most current version of these Terms of Use at any time at www.treeswithleaves.com/migtermsofuse.  In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use. Your continued use of the Application following our posting of new or updated Terms of Use means that you accept and agree to the changes/updates. By accessing or using the Application, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form.

  1. Eligibility. The Application is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not download, install, or use the Application.

  2. Non-Commercial Use. The Application is for personal use only. You may not use the Application or any content contained in the Application (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or application not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. You may not use any information obtained from the Application to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent.

  3. Account Security. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security at contact@treeswithleaves.com and ensure that you log out from your account at the end of each session.

  4. Disclaimer. The Company is not responsible for the conduct or activities of any User. As noted in this Agreement, in no event shall the Company, its affiliates or its employees or principals be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Application, including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from or otherwise occurring while using the Application. You agree to take all necessary precautions and to follow all medical advice provided to you by your physician or other healthcare provider when using the Application. You understand that the Company makes no guarantees, either express or implied, regarding your use of the Application.

  5. Proprietary Rights. All title, ownership rights, and intellectual property rights in and to the Application and any derivatives or modifications thereof, in whole or in part, remain with the Company. You understand that the Company may modify or discontinue the Application or any of its features at any time in its sole discretion. These Terms of Use do not entitle you to any support, upgrades, updates, add-ons patches, enhancements, or fixes for the Application except in the Company's sole discretion. You do not acquire any right, title or interest in any content on the application by virtue of downloading, installing, or accessing the Application or making use of the permitted uses allowed under these Terms of Use.  The Application contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, application marks, or other intellectual property or proprietary information accessible through the Application, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. You will not reverse engineer, decompile, disassemble or otherwise attempt to derive any of the Application’s source code. No license to use or reproduce any logo or trademark included on the Application is granted to you by these Terms of Use or otherwise.  The trademarks, logos, application marks and business names displayed on the application are protected, whether or not they are registered.  Any unauthorized use of content or information posted on the application and any unauthorized reproduction, retransmission or other use of any part of the Application may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights.

  6. Privacy. Any information you provide during use of the Application is governed by the Privacy Policy located at www.treeswithleaves.com/migprivacypolicy, available HERE. You agree to the collection, use and sharing of your information as set forth in our Privacy Policy.

You agree that the Company may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer application or allow you to use the Application in the future; or (v) protect the rights, property or personal safety of the Company or any other person.

  1. Limitation on Liability; Disclaimers. THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE **(**INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) AND YOU SHALL USE THE APPLICATION AT YOUR OWN RISK. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APPLICATION, INCLUDING ALL CONTENT THEREIN, IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED WITHIN THE APPLICATION. THE COMPANY DOES NOT WARRANT THAT THE APPLICATION OR APPLICATION CONTENT OR THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.

THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USE OF THE APPLICATION. IN NO EVENT SHALL THE COMPANY, ITS PARENT OR ITS SUBSIDIARY OR AFFILIATED COMPANIES OR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, RELIANCE , EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSSES, COSTS, OR EXPENSES WHATSOEVER , **INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, APPLICATION INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE APPLICATION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (**INCLUDING WITHOUT LIMITATION, RESULTING FROM  (I)  LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE APPLICATION, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO, FROM OR VIA THE APPLICATION, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY USE OF THE APPLICATION OR, (VI)  OTHERWISE RESULTING FORM THE USE OF THE APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW).  NOTWITHSTANDING THE FOREGOING, IF THE RELEASED PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS REGARDLESS OF THE FORM OF ACTION, THE RELEASED PARTIES’ LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE AMOUNT OF ANY FEES PAID BY YOU TO THE COMPANY WITHIN THE PRIOR SIX-MONTH PERIOD. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APPLICATION OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE APPLICATION.

  1. Indemnity. You agree that you will defend, indemnify and hold harmless the Company, its parents, subsidiaries and affiliated companies, and each of the foregoing entities’ respective employees, officers, directors, representatives and agents from any and all claims, demands, causes of action, damages, losses, costs and expenses in any way arising out of your use of the Application of violation of these Terms of Use, including without limitation (i) all matters related to your access to and use of any the Company online application, including, without limitation, your use of the Application, (ii) your violation of any provision contained in the Terms of Use or Privacy Policy; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; (iv) any claims that your use of the Application caused damage to a third party; and/or (v) violations of any and all applicable laws, rules or regulations from any jurisdiction. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

  2. Termination. The Company reserves the right, at any time and in its sole discretion, to discontinue and revoke your permission to use of the Application in whole or in part, and prevent any person or entity from access to the Application*.* This Agreement will remain in full force and effect while you use the Application and/or have an account. You may disable your account at any time, for any reason. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

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  1. General. These Terms of Use, and your relationship with The Company under these Terms of Use, shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict or choice of laws provisions. Any dispute with the Company, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to these Terms of Use shall be resolved exclusively through non-appealable arbitration with one arbitrator in accordance with the rules of the American Arbitration Association in Boston, Massachusetts.  If travelling to Boston, Massachusetts is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, The Company will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). You agree to resolve any disputes related to these Terms of Use as an individual and not as a class or join any class. You understand that, in return for agreement to this provision and the dispute provision above, The Company is able to offer the Application at the terms designated, and that your assent is an indispensable consideration to these Terms of Use. You also acknowledge and understand that, with respect to any dispute with The Company, our officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Application or these TOU: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

  2. Notice. The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Application. Such notices may not be received if you violate this Agreement by accessing the Application in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Application in an authorized manner.

  3. Entire Agreement; Other. This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted within the Application, contains the entire agreement between you and the Company regarding the use of the Application. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

  4. Amendment. This Agreement is subject to change by the Company at any time.

Questions: Should you have any questions regarding these Terms of Use you may contact us at contact@treeswithleaves.com.