Member Terms and Conditions
Terms of Service
Last Updated: December 4, 2017
League, Inc. (“League”) provides an online platform that connects you (“you” or “You”) to members of the League team (“League Concierge”) who help connect you to various third party or independent health and wellness service providers, organizations or clinics (“Service Provider(s)”) so that Service Providers can offer you various services through the online platform (collectively “League Services”).
League Services may also be used by you or your employer to help administer various types of employee benefit plans. Your employer may be subject to other terms or agreements with League with respect to their use of League Services (“Employer Agreement(s)”). Thus, your use of League Services may be subject to other requirements or restrictions with respect to your employer and/or participation in employee benefit plans. You and your employer are solely responsible for any claims, disputes or liabilities that arise in connection with your employee benefit plan. League is only responsible for providing your bank account information to the financial institution that will process payment of your employee benefits to your bank account; see Section 19 for more information. Information you provide to League or through use of League Services may be used by or visible to your employer, subject to the terms and conditions in the Employer Agreement.
PLEASE TAKE THE TIME TO READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION AFFECTING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES. THIS INCLUDES, AMONG OTHER IMPORTANT PROVISIONS, VARIOUS LIMITATIONS ON YOUR RIGHTS, TERMS REGARDING THE USE OF PERSONAL INFORMATION, LIMITATIONS ON THE LIABILITY OF LEAGUE, OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, AND A CLAUSE GOVERNING JURISDICTION, VENUE AND ARBITRATION TERMS FOR ANY DISPUTES.
DISCLAIMER: YOU WILL NOT USE LEAGUE SERVICES FOR OBTAINING A MEDICAL DIAGNOSIS, MEDICAL TREATMENT OR FOR LOCATING MEDICAL ASSISTANCE IN AN EMERGENCY. IF YOU HAVE A MEDICAL EMERGENCY, DIAL 9-1-1 OR GO IMMEDIATELY TO YOUR NEAREST HOSPITAL.
The League Services and League Applications are only intended for users who are at least 18 years old. When you click the “I AGREE” button below, you agree that you are at least 18 years old.
- League Services. Through the League Applications, you may access League Services, which include the services provided by League Concierge. League Concierge are intended to receive your health related questions and direct you to educational resources or information on how to access and receive services from Service Providers through the League Applications. League Concierge are not Service Providers, and do not offer services outside of the League Applications.
- Service Providers. Through the League Applications, you will be able to access health and wellness services offered by Service Providers. Service Providers may be dieticians, physiotherapists, personal trainers, and others who may not be required to have licenses or certifications in the United States and Canada. The services offered by Service Providers may be discovered and requested through use of the League Applications. If your employer has a spending account set up on or through the League Applications, you may have access to spending account money that your employer makes available to you, which you can use to pay for the services you received from Service Providers through the League Applications. Depending on your employer’s plan, you may get reimbursed for services you obtain from out of network service providers and other products and services covered under your employer’s spending account or benefit plan.
- No Doctor-Patient Relationships. You acknowledge and agree that although some of the resources and materials that are made available through your use of League Services and League Applications may be provided by individuals in the medical profession (including information provided by League Concierge or Service Providers in direct response to your questions or postings), the availability or provision of such information does not and will not create a doctor-patient relationship, or other medical professional/patient relationship, between you and League or League Concierge.
- Your Choice of Service Providers. You acknowledge that your interactions, communications, use and receipt of any services offered by Service Providers are at your own risk. League makes no representations or warranties on behalf of Services Providers. League makes no guarantees or assurances that Service Providers possess and/or will continue to possess the necessary licenses, training, certifications, and educational background required to perform the services that a Service Provider offers, advertises or provides. Service Providers may create a profile through League Applications and may update their profiles at their own discretion. Neither League nor League Concierge verify the information in Service Provider profiles, and make no representations or warranties as to the accuracy or completeness of any information that Service Providers make available through the League Applications. League and League Concierge do not control or verify any third party statements or reviews of Service Providers that are made available through the League Applications, and are not responsible for any false or misleading claims contained in any reviews, advertisements or other materials associated with Service Providers. You agree you are solely and ultimately responsible for selecting a Service Provider and accepting their services, even if League Concierge recommends or helps direct you to any Service Provider. League and League Concierge are not liable for any acts of Service Providers, even if League Concierge helped connect you to the Service Provider. You are encouraged to discuss and verify any credentials or profile information on your own and directly with Service Providers before agreeing to accept their services.
- No Endorsement. League and League Concierge do not in any way endorse or recommend any particular Service Providers, individuals, entities, products, services or devices that are listed, marketed, advertised, reviewed or otherwise made accessible through the League Applications. Any recommendations or referrals provided by League Concierge are provided for informational purposes only, and are not endorsements.
- Service Efficacy. Not all services that are available through the League Applications will be appropriate for you, and therefore League makes no claims about the efficacy of any particular service or Service Provider, including any information provided by League Concierge. League does not guarantee or make any representations and warranties, whether express or implied, with respect to any services accessible or made available through League Services and League Applications.
- No Third Party Beneficiaries. This Agreement is between you and League only and no other parties, including League Concierge and Service Providers. You agree there are no third party beneficiaries under this Agreement.
- Your Responsibilities. You must at all times comply with the terms of this Agreement, including your responsibilities described below (which collectively constitute the “League Code of Conduct”) in order for you to use League Services and League Applications:
- The safety of every individual registered with League to use League Services and League Applications (a “Member”), Service Provider and League Concierge is of utmost concern. This League Code of Conduct exists so that Members, Service Providers and League Concierge have a mutual understanding of the standards for safety, accountability, mutual-respect and common-courtesy.
- League maintains a zero-tolerance policy regarding all forms of discrimination, harassment or abuse. It is unacceptable to refuse to provide or accept services based on a person’s race, religion, national origin, disability, sexual orientation,
sex, marital status, gender identity, age or any other characteristic protected under all applicable provincial, federal or state laws and regulations. This type of behavior can result in temporary suspension or permanent loss of your access to the League Applications, as determined by League in its sole discretion. League expects that all Members and Service Providers will treat one another with respect and courtesy during all direct and indirect interactions, whether in-person or otherwise, including timely responses to requests and arrival for scheduled appointments made through the League Applications.
- You will not submit, post, send, use, share, provide, transmit, display or spam, unsolicited messages or any violent, discriminatory, derogatory, illegal, infringing, hateful, pornographic, obscene, prurient or sexually suggestive statements, photos, images and other Content (defined below) via the League Applications. You will promptly notify League if other Members or Service Providers are engaging in activities that violate these terms.
- You will maintain one registered account in connection with your use of League Services and League Applications (“Member Account”). You are solely responsible for any activity that occurs in or through your Member Account and you agree that you will not sell, license, assign or otherwise transfer your Member Account, including username, followers or other features associated with your Member Account. Any such attempt to transfer your Member Account will be void.
- You will keep your username, password, and other login codes or credentials safe and secure. You are solely responsible for all activities, interactions and transactions that occur or are otherwise associated with your Member Account, regardless if it was done by someone other than you. You will not provide others with access to your Member Account and you will not access or attempt to gain access to any Member Accounts belonging to other Members by any means, including but not limited to, use of an automated device, script, bot, spider, crawler or scraper.
- You will comply with all applicable federal, state and local laws and regulations when using League Services and League Applications.
- You will pay for any data, voice or internet charges and other separate or outside charges you incur through use of the League Applications, and will not seek refunds, credits or reimbursements from League.
- You understand and agree that League is not responsible for advertisements, reviews, materials, postings, articles, or other materials and information made available by Service Providers, League Concierge, Members or that are otherwise accessible through the League Applications. You will use League Services, League Applications and all associated materials at your own risk.
- You are solely responsible for your actions and interactions with Members and Service Providers, whether online or offline. You agree that League is not responsible or liable for the conduct of any Member or Service Provider, including any harm or damage to you that arises or occurs from Members or Service Providers. League reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Members or Service Providers.
- League Policies. If you violate any of the rules in the League Code of Conduct or any terms of the Agreement, League may take any action it deems appropriate, including suspending or terminating your Member Account or your ability to use League Services and League Applications. You acknowledge and understand that investigation and enforcement of any suspected, reported or discovered violations are within League’s sole discretion, including the decision to take any action against you, other Members or Service Providers. League has the sole discretion to suspend, disable, remove, restrict, modify or delete your access to your Member Account, League Services and League Applications on a temporary or permanent basis without notice or liability to you. You acknowledge and understand that any gross, severe or repeated violations of the League Code of Conduct can result in criminal prosecution, and League may report and release information concerning such violating activities to the appropriate authorities.
- General Content on League Applications. By using League Services and League Applications, you can provide, share, receive and exchange information, content and materials with Service Providers, League Concierge and Members within the League Applications. If you receive any information, content or materials from a Member, Service Provider or League Concierge, you agree you will not share or disclose such materials unless permitted by the party that provided it. You may be permitted to share certain content or materials that are generally accessible and made available to all Members and Service Providers through the League Applications, which may include posts, submissions, contributions, articles, images, photos or other content provided by League, League Concierge, Service Providers and Members (“General Content”). You may be permitted to share certain General Content outside of the League Applications, including uploading onto third party sites, such as social media. You are solely responsible for providing any source attributions, credits or obtaining necessary permissions to share or display such General Content outside of the League Applications, if applicable.
- Responsibility for your Content. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, sound recordings, works of authorship, applications, links and other content or materials, including intellectual property, that you submit, post, share, use, provide, transmit, or display on or through use of League Services and League Applications (“Content”). You will ensure you have or have received all necessary rights and licenses to any Content you display, provide or share to League, League Concierge, Members and Service Providers, or that you generally make accessible through use of League Services and League Applications . You are solely responsible for your Content, including any confidential information contained therein and enforcement of any Intellectual Property Rights you claim to such Content. Thus, you agree to provide Content at your own risk. League will not be responsible or liable to you for the use or sharing of your Content by Members and Service Providers that you share or make generally available within the League Applications, including any Content that is shared outside to third parties and social media.
- Your Content License to League. You hereby grant to League a worldwide, non-exclusive, transferrable, sub licensable, royalty free, fully paid up right and license to use, copy, distribute, display, publicly perform, modify and create derivative works of any Content you display, provide or make generally available in the League Applications, for use in connection with League Services and League Applications (the “License”). The License excludes any Content that you share using League Services to League Concierge, Service Providers or Members in closed communications, which are not otherwise viewable or accessible within the League Applications. You represent, warrant, and covenant and can demonstrate to League’s full satisfaction upon request that you (a) own or otherwise have the right to grant the License or that the Content is in the public domain worldwide, (b) any Content you submit, post, use, share provide, transmit, or display on or through the League Applications does not violate, misappropriate or infringe the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, rights in trade secrets or confidential information and/or other intellectual property rights (“Intellectual Property Rights”), (c) agree to pay for all royalties, fees, remuneration, and any other monies due or payable arising from any use of the Content through the League Applications or League Services, or the exercise of the License by League, (d) have the permission to use the name and likeness of each identifiable individual person in such Content and to use such individual’s identifying or personal information as contemplated by this Agreement, and (e) have the legal right and capacity to grant the License to League. You agree to waive any moral rights worldwide you may have in the Content that you submit using League Services or League Applications.
- League’s License to You. League grants to you during the Agreement term a limited, non-exclusive, non-transferrable, revocable license to access and use League Services and League Applications solely in accordance with the terms of this Agreement. This license grant and terms of the Agreement will govern any update or upgrade provided by League that replaces and/or supplements the original application, website or other technology of the League Services or League Applications, unless such update or upgrade is accompanied with an update or amendment to the terms of this Agreement. Your continued use of League Services or League Applications after League notifies you of the amendment will be deemed as your acceptance of the updated terms. You will not rent, lease, lend, sell, transfer redistribute, or sublicense the League Services or League Applications. You agree to not copy, decompile, disassemble, attempt to derive the source code of, or otherwise reverse engineer or attempt to reverse engineer, modify, or create derivative works of the League Services or League Applications, or any part thereof. You will comply with any additional rules that League may enforce from time to time.
- No Transfer of League Intellectual Property Rights. As between you and League, League owns and retains all right, title and interest in and to League Services and League Applications, and all Intellectual Property Rights thereof. Except for the limited license grant provided to you in Section 15, nothing in this Agreement shall be deemed as a transfer, implied or otherwise, of any League Intellectual Property Rights to you. You will not remove, alter or conceal any copyright, trademark, service mark or any proprietary rights notices incorporated in or accompanying materials provided by League, League Services or the League Applications and agree not to not use, copy, distribute, display, perform including perform in public, transmit, communicate to the public including making available to the public, broadcast publish, modify or create derivative works of the materials, except in connection with using League Services or League Applications, or otherwise permitted by League regarding your use of General Content.
- Booking Appointments and Cancellations. You may use League Services and League Applications to facilitate your booking of appointments with Service Providers. However, League does not control or guarantee the availability of any Service Provider at any particular time. You are solely responsible for booking your own appointments with Service Providers and for following any Service Provider’s rules or procedures for appointments and cancellations, including cancellation policies and applicable fees. LEAGUE HAS NO LIABILITY TO YOU OR SERVICE PROVIDERS FOR ANY CANCELLED, RESCHEDULED OR OTHERWISE UNFULFILLED APPOINTMENTS, AND ANY CANCELLATION FEES, PENALTIES, DAMAGES OR INJURY RESULTING THEREFROM.
- Payment. Your use of League Services and League Applications is free of charge; however, League reserves the right to introduce a fee for the use of League Services or League Applications upon 30 days’ notice, which may be provided by notice in accordance with Section 33.
- No Liability for Service Providers. Service Providers are third parties and not agents, employees, personnel or representatives of League. League has no liability for the actions of Service Providers and their respective directors, agents, contractors, employees or personnel. League makes no representations or warranties whatsoever as to the nature of the relationship, whether doctor-patient or otherwise, established between you and any Service Provider(s). You acknowledge that you may enter into separate terms, agreements or provide waivers to Service Providers in connection with, or as a condition to, your receipt of the Service Provider’s services (“Customer Agreements”). Under no circumstances will League be a party or third party beneficiary to any Customer Agreements, and any terms in a Customer Agreement that purport to impose obligations upon League that are beyond the scope or are in addition to League’s responsibilities in this Agreement will be void and invalid. You will comply with the terms of any Customer Agreements. League will have no liability for any breach of a Customer Agreement by you or a Service Provider and will have no obligation to indemnify or otherwise provide any support or assistance for any claims that result from or arise in connection with a Customer Agreement.
- No Special Relationship or Fiduciary Duty. You acknowledge that League has no special relationship with or fiduciary duty to you. You also acknowledge that League has no control over, and no duty to take any action on other Members, League Concierge or Service Providers. League has no obligation to you regarding which users gain access to League Services and League Applications. You agree that League is not liable to you for any effect or harm that General Content, information and materials you access and use through League Applications has on you. You agree to use such materials and any information contained at your own risk.
- Maintenance and Support. League has no obligation to furnish any maintenance and support for League Services or League Applications, unless required by applicable law.
- Indemnification. You agree to release, defend, indemnify and hold harmless League, its affiliates, shareholders, and each of its employees, contractors, directors, officers, suppliers and representatives (collectively, “League Indemnitees”) from all liabilities, claims, damages, losses and expenses, including without limitation, reasonable legal and accounting fees brought against League Indemnitees by any third party, including other Members or Service Providers, arising out of or related to all claims or demands that arise out of or relate to (i) your use of League Services or League Applications, (ii) your Content, (iii) your use and/or receipt of services from a Service Provider, (iv) your breach or noncompliance with the League Code of Conduct or this Agreement, or (v) your breach of a Customer Agreement.
- Disclaimer of Warranties. LEAGUE SERVICES, LEAGUE APPLICATIONS, GENERAL CONTENT, AND ALL OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LEAGUE SERVICES AND LEAGUE APPLICATIONS ARE PROVIDED BY LEAGUE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LEAGUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF LEAGUE SERVICES OR LEAGUE APPLICATIONS, SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEAGUE SERVICES OR LEAGUE APPLICATIONS, INCLUDING ANY BACKGROUND OR QUALIFICATIONS OF LEAGUE CONCIERGE. YOU EXPRESSLY AGREE THAT YOUR USE OF LEAGUE SERVICES, LEAGUE APPLICATIONS AND SERVICE PROVIDERS IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEAGUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEAGUE DOES NOT WARRANT THAT THE LEAGUE SERVICES, LEAGUE APPLICATIONS, SERVICE PROVIDERS’ SERVICES, GENERAL CONTENT, AND ALL OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LEAGUE SERVICES, LEAGUE APPLICATIONS, LEAGUE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM LEAGUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEAGUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF LEAGUE SERVICES, LEAGUE APPLICATIONS, SERVICE PROVIDERS, GENERAL CONTENT, OR ANY OTHER INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH LEAGUE SERVICES AND LEAGUE APPLICATIONS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF LEAGUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABLITY OF LEAGUE ARISING FROM OR RELATED TO THIS AGREEMENT, LEAGUE SERVICES OR LEAGUE APPLICATIONS, OR THE USE THEREOF EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU FOR THAT PORTION OF THE LEAGUE SERVICES OR LEAGUE APPLICATIONS THAT GAVE RISE TO THE CLAIM, OR (II) $40.00 USD.
- Disputes. Any dispute or claim relating in any way to your use of League Services or League Applications, or any products or services sold or distributed by Service Providers through League Services or League Applications, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
You and League both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration both you and League each waive any right to a jury trial.
- Governing Law and Dispute Resolution. By using League Services and League Applications, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and League.
- Assignment. You will not assign this Agreement under any circumstances without the prior written consent of League.
- Territorial Restrictions. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. League Services and League Applications are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject League to any registration requirement within such jurisdiction or country. League reserves the right to limit the availability of League Services or League Applications, or any information, materials, content or feature thereof, to any person, geographic area or jurisdiction, at any time and in League’s sole discretion.
- Amendment. League reserves the right to make changes to League Services, League Applications, League Code of Conduct, and this Agreement at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- Notices and Electronic Communications. When you use League Services or Applications, or send e-mails, text messages, and other communications from your desktop, mobile or other device to League, you may be communicating with League electronically. You consent to receive communications from League electronically, such as e-mails, texts, mobile push notices, or notices and messages on or through League Services or League Applications, including your inbox in your Member Account, and you can retain copies of these communications for your records. You agree that all agreements, amendments, notices, disclosures, and other communications that League provides to you electronically satisfy any legal requirement that such communications be in writing.
- Severability. If any term of this Agreement is held to be invalid or unenforceable under applicable law, that part shall be interpreted in a manner consistent with applicable law as nearly as possible to the original intentions of League, and all other remaining terms of the Agreement will remain valid and enforceable.
- No Waiver. League’s failure to exercise or enforce its rights under this Agreement does not waive League’s right to enforce such right. Any waiver of such rights will only be effective if it is in writing and signed by League.
- Contact Information. Should you have any questions, please contact League at firstname.lastname@example.org. You can find this Agreement by visiting https://league.com/us.