What is Proposition 65?

Proposition 65 (“Prop 65”) is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online to California customers to bear warning notices about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, drugs and other products. Products containing lead, cadmium or other listed substances, even in very small amounts, must have a California Proposition 65 warning. If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California:

 

 

California Proposition 65 WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food

and

California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food

For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html

Prop 65 warnings may be required for any product that exposes an individual in California to any chemical listed under the law. This is not just about food but includes any item that has the possibility of having any of these "chemicals". This includes electrical wires, jewelry, padlocks, schools, dishes, flashlights, coffee shops, clothing, cars, restaurants, TV’s, furniture, alcohol, diesel engines, amusement parks, parking lots, hardware stores, gas stations, hospitals, and just about any decent-sized business. Even testosterone and estrogen which are naturally produced by your body are listed in Prop 65.

Prop 65 does not ban any products from sale in California; it simply requires warning labels or signage whenever exposure could cause more than “one excess case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime.” That allows anybody to bring a case by finding a listed chemical in a product even if it is present in an amount 1,000 times below the “no observable effect” level. A company can prove the level is meaninglessly low, but that is quite costly to do in court. Most companies end up settling with the plaintiff (even when they are not liable) to avoid the expense of litigation and then add the warning labels to everything.

Lawsuits to enforce Prop 65 against manufacturers may be instituted by the State of California, or much more frequently by private “bounty hunters” and their attorneys who profit from the law. Recently, the dietary supplement industry has been subject to aggressive enforcement by private Proposition 65 bounty hunters over the alleged lead and other heavy metals contained in various supplement products. Lead is a naturally occurring element that is found throughout the entire environment, including in soils where it can be taken up by natural plants and herbs. Many plants, plant extracts, and minerals used in dietary supplement products contain some level of lead, a chemical listed under Proposition 65. Detectable lead can also be found in a variety of food products that are generally considered part of a healthy diet, including fruit juice, seaweed, ginger, and chocolate, all of which have also been the subject of Proposition 65 enforcement.

Detectable lead can be found in almost every food you have eaten in your entire life including carefully selected and sourced superfoods. None of these elements are added by Lean Factor, which follows good manufacturing practices to minimize or eliminate any contamination.

Under federal laws, the federal government cannot take action to limit the use of a chemical unless it has been proven unsafe. So a chemical is generally considered safe unless there is scientific evidence to the contrary. But under California Prop 65, the presumption of culpability is flipped so a company must prove its product is safe and free of all 800 chemicals.

The reason you now see this label on our foods is that, after many years and many lawsuits, the group of attorneys, who had much to do with putting this law into play, are running out of companies in California to sue. They are now pursuing and trying to extract money out of any company that ships its products to California. In the near future, you will begin noticing these warnings on almost everything from every company in the state of California.

Here is what makes this absurd. The FDA, USDA, European Union, and World Health Organization do not agree with this law and found no scientific merit to back it up. Everything we eat contains tiny amounts of heavy metals (defined as chemicals under Prop 65) due to the fact that this is simply the state of our natural environment. The FDA has set guidelines on what is considered safe for many of these items in question and we laboratory test every batch of every product we receive to ensure it not only meets but exceeds these federal requirements.

This law was originally created by the state of California to protect the consumer but now some unscrupulous lawyers are taking advantage for personal profit rather than a true concern to safeguard the consumer. In 2008 the average settlement was $123,000 and for those companies that try to defend themselves in court, the costs are even higher. The vast majority to these settlement costs end up in the pockets of the attorneys, who brought the case, as legal fees. For this reason, we have been forced to put the warning labels on any product we ship to the state of California even if the naturally occurring levels of heavy metals are well below Prop 65 levels.

In conclusion, we at Lean Factor understand that due to the state of our environment, you the consumer, need to be proactive in order to have vibrant health. As a health coach, Master Herbalist, and Director of Education at Lean Factor, I have produced guidelines that you may want to consider in order to achieve this goal. Most importantly we need to focus on how the body responds to external stressors, especially the ones we have no control over. In order to support the body's ability to have a healthy stress response the following guidelines will be very helpful:

● The daily use of adaptogen and tonic herbs and foods
● Nourishing our bodies with real whole foods in order to give us the tools to function at optimal levels
● Nourishing our detoxification pathways in order to keep them working at optimal levels
● Practice healthy relaxing activities like yoga, meditation, talk therapy, music, light & dance therapy
● Maintain adequate hydration status which assists the detoxification processes
● Finally, through the consumption of quality food-based protein and daily forms of strength training to keep as much lean muscle tissue on our body as possible

Remember toxins store up in fat tissue so the less we have the better.

I hope this information helps settle any concerns you may have about Prop 65 and these warning labels.

To learn more about California Prop 65 please visit these sites:

http://www.WhyThisWarning.com
http://prop65scam.com/
http://www.theiplawblog.com/2014/01/articles/legal-info/proposition-65-twenty-seven-years-later-and-still-no-observable-effect/
https://www.gov.ca.gov/news.php?id=18026
https://cdn.shopify.com/s/files/1/0971/6576/files/prop65_explained_jan2016.pdf?12587164411280906725
https://www.nowfoods.com/now/nowledge/california-residents-proposition-65-warning-faqs

The list of companies and products cited for non-compliance to Prop 65 is long and growing. Below are a few examples of companies in the nutritional supplement industry that have been pursued for Prop 65 violations by unscrupulous lawyers driven by profit rather than public health:

4Life Research
Absolute Nutrition
Advanced Nutrient Science
Advance Physicians Formula (NHK Laboratories)
Advocare International
AIM International
AL Global Corporation
Alfa Vitamins Lab
ALL ONE Nutritech
Aloe Vera of America
Amazon Herb Company
American BodyBuilding Products
Arbonne International (Arbonne Essentials)
Arise & Shine Herbal Products
Aspen Group
AST Sport Science
ATF Fitness Products
Atrium Inc.
Ayush Herbs
Baseline Nutritionals
Beauty & Health International
Betty Lou’s
Bio-International
Biotics Research Corporation
Bristol Farms Pure Synergy
Bronson Nutritionals
Ceautamed Worldwide
Cell-Nique Corporation
CGNP Manufacturing
Champion Nutrition
Chi’s Enterprise
Continental Vitamin Company
Creations Garden Natural Products
DEVA Nutrition
DNS Nutrition
Dr. Health
Dr. Mercola
Dr. Schulze’s American Botanical Pharmacy
EarthLab (Wise Woman Herbals)
Erom
Forever Living
Forevergreen
FreeLife International
Full Green Circle
Futurebiotics
Garden of Life
General Nutrition Centers
Genesis Pure
Genesis Today
Genisoy Food Company
GHC ND Operations
Ginco International
Global Healing Center
Golden Flower Chinese Herbs
Golden Neo-Life Diamite International
Good Life International
Great American Products
Greens World
Health Body Services
Health Plus
Healthy Body Services
Healthy Directions
Healthy Healing
Healthy Natural Systems International
Heritage Health Products Company
ICA Health (Dr. Wilson’s Original Formulations)
ICC Industries
Inner Health Group
Institute for Vibrant Living
Integrated Sports Science
Integrity Health Group
ISI Brands
It Works Global
Jarrow Formulas
Kan Herb Company
Konsyl Pharmaceuticals
Kraft Foods
Labrada Nutrition
Life Extension (XtendOLife)
Life Force International
Living Intentions
LuckyVitamin Corporation
MacroLife Naturals
Max Muscle Sports Nutrition
MET-Rx Engineered Nutrition
Metagenics
Mountain Rose Herbs
MRI
MRM
Myogenix
Natrol
Natura Health Products
Naturade Operating Corporation
Natural Organics
Nature’s Answer (Greens Today, Tru Cleanse, etc.)
Nature’s Best
Nature’s Bounty
Nature’s Herb Company
Nature’s Plus
Nature’s Sunshine Products
Nature’s Way Products
Naturemed
Navitas Naturals
New England Greens
Nu Skin Enterprises
NuCare International
Nutraceutical Corporation
Nutri-Well International
Nutri-West
NutriBiotic
Nutricologiy
Optimum Nutrition
Organic By Nature
Organic India USA
Ortho Molecular Products
Promax Nutrition Corporation
ProSource
Pure Planet Products
Quick Trim
R-U-VED
Raw Indulgence
ReNew Life Formulas
Rexal Sundown
Robbins Research International
Self Health Resource Center (Dr. Clark Store)
Seychelles Organics
Sonne’s Organic Foods
Sunfood Superfoods
Sunrider International
Sunsweet Growers
Sunwarrior
Supreme Protein
Symmetry Corporation
Tao of Wellness
The Clean Program Corp.
The Synergy Company
Trace Minerals Research
TRC Nutritional Laboratories
TriVita
Ultimate Nutrition
United Herbal Sciences
United States Nutrition
Vega (Sequel Naturals)
Vibrant Health
Visual Sciences
Vital Pharmaceuticals
Vitamin Power
Vitamin Research Products
Vitamin Shoppe
VitaTech International
Vitonomy
Wellness Watchers Global
WellNX Life Sciences
Western Botanicals
Wholistic Botanicals
Windmill Health Products
World Health Products
Yerba Prima

A Few Distributors:
Amazon.com
Drugstore.com
Pureformulas.com
Supplementwarehouse.com
DPS Nutrition
iHerb
GNC
Swanson Health Products
Vitacost.com

Use of the Lean Factor Site, Services, and Service Providers are governed by our Privacy Policy, Disclaimer, and Terms & Conditions, which are incorporated into this Agreement by this reference and require binding arbitration to settle any Disputes.

Terms & Conditions of Use & Service

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND SERVICE CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

You (“Customer”, “consumer”, "wholesaler", "retailer" and “website visitor”) are currently viewing a page of the Lean Factor LLC  (Lean Factor and LF) website(s) or related websites (the “Site”) belonging to Lean Factor or one of its social network sites, subsidiaries, assignees, parent companies, sister companies, affiliates, associates, or associated marketplaces (collectively the "Service Providers", "Lean Factor", and "We"). This Site and any of the services provided by Lean Factor in connection with business operations and/or the Site (the “Services”) are being provided to you expressly subject to these Terms of Use, which govern your use of the Site, Services, purchases you make, products you receive, your relationship with Lean Factor and/or any Disputes you may have. Please read these Terms of Use carefully. By accessing this Site or other Service Provider sites, making a purchase, or using any of our Services you agree to be bound by these Terms of Use, Privacy Policy, Disclaimer, and California Prop 65 Policy. The Site is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, you should not be visiting this Site.

“Services” under these Terms and Conditions of Use and Service (Terms) include but are not limited to tangible and intangible purchases you make, products you receive, product labeling, product information written and verbal, advice, consulting, counseling and additional services available to you from independent third party Service Providers accessed through navigation from the Site.

The Service is subject to your compliance with the binding terms and conditions set forth below, including all exhibits hereto and the other information which is available in the registration process and on the Service ("Information") and incorporated by reference in this Agreement. This Agreement consists of the Disclaimer, California Prop 65 WARNING (California Safe Drinking Water and Toxic Enforcement Act of 1986), and Privacy Policy set forth below and the terms and conditions set forth below, including all exhibits hereto and the Information.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING, ACCESSING, AND USING THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE, SERVICE, AND SERVICE PROVIDERS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW INCLUDING THE PROVISIONS OF PARAGRAPHS 17 (WARRANTIES), 20 (LIMITATION OF LIABILITY), 21-26 (BINDING ARBITRATION; WAIVER OF CLASS-ACTION RIGHTS; SEVERABILITY), 31-34 (COPYRIGHT, LICENSES, USE RESTRICTIONS, AND IDEA SUBMISSIONS), 37 (INDEMNIFICATION), 38 (THIRD PARTY RIGHTS), 49 (MISCELLANEOUS), 50-53 (CALIFORNIA PROPOSITION 65 WARNING (CALIFORNIA SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986)), DISCLAIMER, PRIVACY POLICY, AND ALL CONTRACT TERMS SET FORTH BELOW. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SERVICES. LEAN FACTOR MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

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The products, claims, reviews, and testimonials made about products and services on or through this site have not been evaluated by Lean Factor or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided on this site and any information contained on or in any product label or packaging is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before using any of our products, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems. Individual results may vary. Lean Factor urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks and to share with your provider any information pertaining to your health and well-being, including the use of supplemental nutrition. You should not stop taking any medication without first consulting your physician.

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Binding arbitration; waiver of class action rights; severability. Binding arbitration is a means of having an independent third party resolve a Covered Dispute without using the court system, judges or juries. Either You (“Customer”, reseller, wholesaler, consumer, and website visitor) or We (“Lean Factor” including Lean Factor assignees, agents, employees, consultants, independent contractors, parent companies, sister companies, officers, directors, shareholders, subsidiaries, members, affiliates, predecessors and successors, suppliers and Licensors (collectively the "Service Providers")) may require the submission of a Covered Dispute to binding arbitration at any reasonable time. You and Lean Factor, agree that if a Dispute, claim, disagreement, misunderstanding, or controversy (collectively referred to as Dispute), whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims, arises between you and Lean Factor, upon demand by either you or Lean Factor, the Dispute shall be resolved exclusively and finally by the following binding arbitration process. However, Lean Factor shall not initiate arbitration to collect a debt but reserves the right to arbitrate all other disputes. A “Dispute” is an unresolved disagreement between you and Lean Factor whether or not you have made a purchase. It includes but is not limited to any losses or disagreement relating in any way to Lean Factor, its Site, Service, Service Providers, products, related services, related purchase, expenses, damages, costs, loss of investments, Certificate of Analysis results (CoA), legal fees, medical fees, advertising, marketing, product country of origin, product nutrition facts and supplement facts panels, product taste, product color, product smell, product consistency, promotions, product descriptions, product testing, product labels, custom product blends, custom packaging, product claims, product quality, product purity, product contamination, laboratory tests and reports, product additives, product mix-ups, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties. It includes claims based on breach of express or implied warranties, broken promises, bargained-for exchange illusory promises, deceptions, misrepresentations, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law and equitable claims. This Arbitration Agreement shall survive the payment or closure of your Account and discontinued use of the Site, Services, and Service Providers. You understand and agree that you and Lean Factor are waiving the right to a jury trial or trial before a judge in a public court. As the sole exception to this Arbitration Agreement, you and Lean Factor retain the right to pursue in small claims court any Dispute that is within that court’s jurisdiction. If either you or Lean Factor fails to submit to binding arbitration following lawful demand, the party so failing bears all costs and expenses incurred by the other in compelling arbitration.

Arbitration Procedure; Severability. Either you or Lean Factor may submit a Dispute to binding arbitration at any time notwithstanding that a lawsuit or other proceeding has been previously commenced. Neither you nor Lean Factor shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in a private attorney general capacity. Each arbitration, including the selection of the arbitrator(s), shall be administered by American Arbitration Association (AAA) ( https://www.adr.org/ ), JAMS ( https://www.jamsadr.com/ ), FORUM ( http://www.adrforum.com/ ), or such other administrator as you and Lean Factor may mutually agree to (AAA, JAMS, NAF or such other mutually agreeable administrator to be referred to hereinafter as the “Arbitration Administrator”). To the extent that there is any variance between the Arbitration Administrator Rules and this Arbitration Agreement, this Arbitration Agreement shall control. The arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the Dispute. No arbitrator or other parties to an arbitration proceeding may disclose the existence, content, or the results of the arbitration, except for disclosures of information required in the ordinary course of business or permitted by applicable law or regulation. This provision will be liberally construed in order to ensure the enforcement of this Arbitration Provision. You and Lean Factor (the “Parties”) agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) This Arbitration Agreement and any resulting arbitration are governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that Act is inapplicable, unenforceable or invalid, the laws of the state of Florida will apply.

You and We each agree to take all steps and execute all documents necessary for the implementation of arbitration proceedings. The arbitrator may hear and rule on appropriate dispositive motions as part of the arbitration proceeding, such as motions for judgments on the pleadings, summary judgment, or partial summary judgment. The Arbitration Administrator, the arbitrators, You and We, must, to the extent feasible, take any necessary action to ensure that an arbitration proceeding, as described in this Arbitration Provision, is completed within 180 days of filing the Covered Dispute with the Arbitration Administrator.

The arbitration will be conducted before a single arbitrator and will be limited solely to the dispute or controversy between Customer and Lean Factor The arbitration shall be conducted in English and held in Palm Beach County, Florida at the office of Lean Factor, in person, by telephone, or video conference as determined by agreement of the parties or, in the absence of agreement, by the Arbitrator(s). Discovery will be limited to a timely exchange of documents. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The Parties agree to keep confidential the arbitration and any Award rendered by the Arbitrator(s).

Rights Preserved. Any statute of limitations applicable to any Dispute applies to any arbitration between the Parties. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of the Account or any other relationship between you and Lean Factor.

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Applicable Law. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Lean Factor has separate terms and conditions governing resales.

Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Wireless Marketing Services & Promotional Opportunities. Lean Factor may provide users and viewers with the opportunity to register for special promotions, services, news, programming, and information delivered via text messaging (SMS and MMS) and other wireless Devices. Users are required to provide their consent to receive such information, either by registering on this Site or via their wireless Device. Such services and promotional opportunities may be provided by the Affiliates, service providers, mobile carriers, or other related companies of Lean Factor. The information requested as part of the online registration process is a user's telephone number or a wireless email address, but only if specifically requested, and the carrier's name. Optional information may be requested for specific promotions, such as a user's preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depend on the information collected, the user may also be required to confirm his or her agreement to this Agreement and, including without limitation, the Privacy Policy, and Disclaimer.

You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Lean Factor, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Message and Data rates may apply.

Message frequency will vary. Lean Factor reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Lean Factor also reserves the right to change the shortcode, phone number, or email from which messages are sent.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Lean Factor, its service providers, Affiliates, the mobile carriers, and related companies supported by the program are not liable for delayed or undelivered messages.

To cancel text messages reply to one of our messages by texting the keyword "STOP". After texting STOP you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Lean Factor, its service providers, Affiliates, mobile carriers, and related companies will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive emails or text messages from Lean Factor through any other programs you have joined until you separately unsubscribe from those programs.

Software License. By this Agreement, Lean Factor grants to you, subject to the terms of this Agreement, a non-transferable and non-exclusive license to use for your personal use only any software and documentation, together with all updates, enhancements, modifications, and fixes thereto, which are owned by Lean Factor and/or its Licensors. Lean Factor has no obligation to update or modify any of the foregoing.

Equipment. You must provide, at your own cost, all telephone and other equipment and services (including where necessary, telephone service and internet access service) necessary to access the Service.

Copyright, Licenses, Use Restrictions, and Idea Submissions. The copyright in all material provided on this Site is held by Lean Factor or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Lean Factor or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Lean Factor permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Lean Factor respects the intellectual property rights of others. Pursuant to Title 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Lean Factor has implemented procedures for receiving written notification of claimed copyright, patent, and trademark infringements and for processing such claims in accordance with the Act. To file a copyright, patent, or trademark infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see the Act to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyright, patent, or trademark work claimed to have been infringed, or, if multiple copyrights, patent, and trademark work at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Providing URLs in the body of your notice is the best way to help us locate content quickly. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, the copyright, patent, and trademark owner, your agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you, as the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

Lean Factor
Attn: Copyright Administrator
5407 N Haverhill Rd #337
West Palm Beach, FL 33407

Please keep in mind: Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You agree to grant to Lean Factor a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Service (such as bulletin boards, forums, and chat rooms) by all means and in any media now known or hereafter developed. You agree that you shall have no recourse against Lean Factor for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.

Review. LEAN FACTOR DOES NOT AND CANNOT REVIEW ALL COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE SERVICE AND; IS NOT RESPONSIBLE FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. However, Lean Factor RESERVES THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR OBSCENE, (B) FRAUDULENT, DECEPTIVE, OR MISLEADING, (C) IN VIOLATION OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO Lean Factor AT ITS SOLE DISCRETION. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or redirection of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, the Parent Companies or any of their Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site's, the Parent Companies' or any of their Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Site collects and uses your Personal Information and other information, and the nature of certain of our relationships.

Indemnification. You agree to indemnify, defend and hold harmless Lean Factor its Sites, Services, Service Providers, assignees, agents, employees, consultants, independent contractors, officers, directors, shareholders, parent companies, subsidiaries, sister companies, members, affiliates, predecessors and successors, suppliers and Licensors (collectively the "Service Providers") from and against any and all losses, Disputes, disagreement, bargained-for exchange disputes, misrepresentations, expenses, false statements, medical bills, false characterizations, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to Lean Factor services, related purchase, marketing and advertising, laboratory testing and reports, supplement facts/nutrition facts, marketing, promotions, product descriptions, product labels, product claims, Certificate of Analysis results (CoA), product quality, product purity, product testing, product contamination, product heavy metal content, California Proposition 65 (California Safe Drinking Water and Toxic Enforcement Act of 1986), website performance, website content written and implied, arising from or relating to disagreements about the meaning or application of this Agreement, its interpretation, or the breach, termination or validity thereof, and the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Service. It includes claims based on broken promises, incorrect product information or claims, bargained-for exchange illusory promises, misinformation, miscommunication, contracts, torts, or other wrongful actions. It also includes statutory, common law, equitable claims, express, and implied warranties.

Third Party Rights. The provisions of paragraph 37 (Indemnification) are for the benefit of Lean Factor and its members, officers, directors, employees, agents, licensors, suppliers, and Licensors. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Hyper Links to Third Party Sites. We and the Parent Companies are not responsible for links to third-party sites ("Outside Sites") that are made available, or that you use, on or in connection with Lean Factor or Community Sites. We do not verify, endorse or have any responsibility for Outside Sites, their business or privacy practices, or any associated goods or services. If an Outside Site obtains or collects Personal Information from you, we are not responsible. Therefore, always use your own best judgment when dealing with an Outside Site.

Term; Termination. This Agreement shall commence upon your accessing the Site, Service, or Service Provider. This Agreement may be terminated by Lean Factor without notice at any time for any reason and may be terminated by you upon notice to Lean Factor at any time for any reason. The provisions of paragraphs 17 (Warranties), 20 (Limitation of Liability), 21-26 (Binding arbitration; waiver of class action rights; severability), 31-34 (Copyright, Licenses, Use Restrictions and Idea Submissions), 37 (Indemnification), 38 (Third Party Rights), 49 (Miscellaneous), 50-53 (Proposition 65), 59-63 (Contract Terms) shall survive any termination of this Agreement.

Registration & Eligibility. Use of the Lean Factor Services and registration to be a Member for the Lean Factor Services (“Membership”) is void where prohibited. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms & Conditions, and to abide by and comply with these Terms & Conditions. By using the Lean Factor Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you will only create one account and; (d)your use of the Lean Factor Services does not violate any applicable law or regulation. ALL VISITORS UNDER THE AGE OF 18 MUST BE ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN AT ALL TIMES.

To register with Lean Factor you must provide a valid e-mail address (username) and password as well as certain other information. You may provide only true, complete and current information about yourself. Your Login gives you access to your Lean Factor account and Lean Factor services. You may not allow anyone else to access or use your Lean Factor account. You are responsible for all activities that occur under your Lean Factor account. If you are between 13 and 17 you must provide your parents or legal guardians with your current Login details at all times. You may not disclose your Login to anyone else. You agree to immediately notify us if you believe there may be any unauthorized access or use of your Lean Factor account, or any other security concern.

We may require each user to have a unique username and password combination in order to access and use certain features or functions of the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information ("Personal Information") and other information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a username (email address) and password (or we may assign an initial password which we will give you the option to change). Your username and password are personal to you and you may not allow any others to use your username or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your username or password, the disclosure of your username or password, or your authorization of anyone else to use your username or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your username or password or any other need to deactivate your username or password due to security concerns.

When you join Lean Factor you may select a display name or use your First name, which will be displayed next to your profile picture within the Site. Display names are not exclusive, users may choose the same or similar display names. You may change your display name. We reserve the right, in our sole discretion, to modify or delete your display name and/or Account/Profile/URL at any time, without notice or responsibility to anyone.

Return Policies. Customer satisfaction is very important to us and we will do what we can to make it right. If there is a problem with your order, please let us know and we will be happy to provide usage assistance and discuss all the options with you.

We guarantee the freshness and purity of our products when stored properly. It is normal for the taste, smell, texture, color, density, and clumpiness to vary from batch to batch due to seasonal variations and unique nature of our raw minimally processed products. Therefore we are unable to accept returns and give refunds based on personal tastes, preferences, or natural variances from batch to batch.

Lean Factor, at its sole discretion, on a case by case basis, will determine if a product may be returned within 30 days of purchase. Orders over 30 days old cannot be returned or refunded. Custom blended and custom packaged products cannot be returned or refunded. Before returning any product, the customer must contact Lean Factor to obtain an RMA (Return Merchandise Authorization) number. Returns will not be accepted without prior approval. Shipping charges are not refundable and products must be returned unopened and unused, in good, re-sellable condition in order for a credit or refund to be granted. Opened food products may not be returned. Return shipping and handling charges may apply to undeliverable or refused packages. Credit or refund will be given only after the product is returned and inspected and a minimum restocking fee of 20% may apply at Lean Factor sole discretion. Lean Factor is not responsible for return shipping costs.

If there is damage during shipping or an error in the products shipped, Lean Factor may, at its sole discretion, reship or refund the shipment and may require the return of the original shipment.

This return policy applies to orders purchased directly from Lean Factor. If you purchased a Lean Factor product at a retail store or other resale location, please contact that seller regarding your return. The customer must read and understand all product details including country of origin and ingredients before ordering.

Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between Lean Factor and you for any purpose concerning this Agreement or the parties obligations hereunder shall be brought exclusively in binding arbitration of competent jurisdiction sitting in Palm Beach County, Florida. You hereby waive your right to a jury trial in any action with respect to Lean Factor and the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises. Lean Factor failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Lean Factor may assign its rights and duties under this Agreement to any party at any time without notice to you.

Proposition 65. Prop 65 is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online to California customers to bear warning notices about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, drugs and other products. Listed chemicals including lead, cadmium, and products containing even very small amounts of these or any other listed chemical must have a California Proposition 65 warning. If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California: 

California Proposition 65 WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food

and

California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food

For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html

Use of Lean Factor products for further manufacturing, repackaging, private labeling or retailing: If a client uses Lean Factor products for further manufacturing, repackaging, private labeling or resells Lean Factor products, it assumes all responsibility in compliance and Proposition 65 Notice requirements for products directly or indirectly sold in California, or placed in commerce for sale in California, and assumes responsibility for providing proper and compliant notice and warning materials to the authorized agents of retailers, as described in California Code of Regulations Title 27 § 25600.2(b) and (c). This must include a notice that the product requires an Internet warning if it will be or may be sold online.

California Proposition 65 Warning on Finished Products: Clients producing products, whether supplied in retail or bulk packaging, shall be solely responsible to determine if the product contains a listed chemical at a concentration that requires notice and, if so, label the product or its retail packaging with the warning as required. It is the responsibility of the client to verify that finished products comply with these limits and comply with all local laws, including California Proposition 65 compliant product labeling and online warnings. Failure to do so can result in significant legal fees and civil penalties.

As a condition of purchasing Lean Factor Products, the client agrees to indemnify and hold harmless Lean Factor and to pay for legal expenses and legal counsel of Lean Factors’ choice necessary to defend any California Proposition 65 Claims arising from client’s failure to provide Proposition 65 notice to a downstream agent, retailer, or customer.

Your Guarantees. You guarantee that: (a) you have the legal right and ability to enter into and comply with this Agreement, or if you are under 18 or under the age of majority where you live, your parents or legal guardians have agreed to this Agreement on your behalf; (b) all information you provide to us is accurate, complete and current; (c) you own or have all rights necessary to perform under this Agreement; and (d) your activities are lawful in any jurisdiction where you use Lean Factor

Certain Products & Services. RSS Feeds and Podcasts The Site may provide RSS Feeds ("RSS Feeds") consisting of selected text, audio, video, and photographic content ("Content") from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts ("Podcasts") which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user's Device or transferred to a portable listening device. Certain software and hardware are required for users to download and view and/or play Content through RSS Feeds. Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Lean Factor or the content provider. Content is available for personal, non-commercial use only and you may download, copy and/or transfer to a Device or through a Device to another Device the RSS Feeds and associated Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section 11.

By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Site, Lean Factor the Parent Companies and their Affiliates do not warrant that its RSS Feeds will operate on all user equipment.

If Lean Factor offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the "Mobile Application Services"), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier's standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.

Under no circumstances will Lean Factor the Parent Companies or any Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user's wireless device, telephone number, or email address) using any Mobile Application Services.

Acceptance. By ordering any product from Lean Factor whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions, as well as the "Acceptance of Contract Terms" in this agreement.

The following ("Contract Terms") are terms of a legal agreement between you and Lean Factor By accessing, browsing and/or using LeanFactor.com ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site and Services. You are still bound by all of our policies even if you fail to read all of our policies. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Lean Factor from its offices within the United States. Lean Factor makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Information accessible on this site is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. Above all, you should always consult with your personal physician prior to TAKING ANY DIETARY, NUTRITIONAL, HERBAL OR HOMEOPATHIC SUPPLEMENT, changing or undertaking a new diet, exercise program or supplementation program. Your physician is often in the best position to evaluate whether any particular diet or exercise program is best for you. Advance consultation with your physician is particularly important if you are under eighteen (18) years old, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

Lean Factor does not warrant and shall have no liability for information provided in this site regarding recommendations concerning supplements for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the US Food and Drug Administration or the US Department of Agriculture. Dietary supplements are not intended to diagnose, treat, cure or prevent disease. Lean Factor makes no guarantee or warranty, express or implied, with respect to any products or services sold, including any warranty of merchantability or fitness for a particular purpose.

The information is compiled from a variety of sources ("Information Providers"). Neither Lean Factor nor any Information Provider shall be responsible for information provided herein under any theory of liability or indemnity. Liability of Lean Factor or Information Providers, if any, for damages (including, without limitation, liability arising out of contract, negligence, strict liability, tort or patent or copyright infringement) shall not exceed the fees paid by the user for the particular information or service provided. In no event shall Lean Factor or any Information Provider be liable for any damages other than the amount referred to above, and all other damages, direct or indirect, special, incidental, consequential or punitive are hereby excluded even if Lean Factor or Information Provider has been advised of the possibility of such damages.

Information accessed through this online site is provided "AS IS" and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Lean Factor and Information Providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information. Lean Factor and Information Providers cannot and do not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Lean Factor is not responsible for updating information contained here, which may be rendered obsolete based upon subsequent medical developments.

The information contained in this online site (the "Service") is presented in summary form only and intended to provide broad consumer understanding and knowledge of healthcare topics. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or another healthcare provider. The Service does not recommend the self-management of health problems. Information obtained by using the Service is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment. Should you have any healthcare-related questions, please call or see your physician or another healthcare provider promptly. You should never disregard medical advice or delay in seeking it because of something you have read here. If you are under medical care or taking prescriptions, you should consult with your physician as to the impact of Lean Factor products on your health.

Lean Factor may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Service, or by written communication delivered by first class U.S. mail to your address on record in Lean Factor account information. You may give notice to Lean Factor at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address: 

Lean Factor 
5407 N Haverhill Rd #337 
West Palm Beach, FL 33407 

Use of the Lean Factor Site, Services, and Service Providers are governed by our Privacy Policy, California Prop 65 (California shipments only), and Disclaimer which are incorporated into this Agreement by this reference and require binding arbitration to settle and Disputes..

The dietary and other substances discussed on this site may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown. The information on this site is not meant to cover all possible uses, precautions, interactions or adverse effects. Where these substances are dietary supplements, they are not intended to diagnose, treat, cure or prevent any disease, condition, or illness. In some jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Since the information published on the Lean Factor website is accessible to anyone throughout the world, Lean Factor does not give legal or medical advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professional(s) before making any purchases of products and/or services on the Lean Factor Website. The policy opinions expressed on social media sites, this site, and on sites to which it may link, are not necessarily the views of the Lean Factor and are not adopted for commercial purposes.

The information provided on this site and any information contained on or in any product label, packaging, or product description is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before using any of our products, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems. Individual results may vary. Lean Factor urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks and to share with your provider any information pertaining to your health and well-being, including the use of supplemental nutrition. You should not stop taking any medications without first consulting your physician.

Caution: Our products are not intended for use by pregnant or breastfeeding women. If you are taking any prescription medications, are taking any kind of hormone modulating supplements such as anabolic steroids or hormone replacement therapy or have any type of hormone-responsive diseases or conditions such as breast or prostate cancer, benign prostatic hypertrophy, or thyroid disease, consult your health care professional before using this product.

Recommendations and protocols for nutritional support are not intended as a substitute for appropriate medical care.

• When taking any of our products always start with a very small amount (1/4 teaspoon for most whole food powders, 1/10 teaspoon or less for extracts) once daily for the first week to see how your body reacts. Then you may increase the dose slowly if you do not experience any negative effects.
• The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease.
• If you have a medical condition or disease, please talk to your doctor prior to using the recommendations given.
• Do not self-diagnose. Proper medical care is critical to good health. If you have a health concern or undiagnosed sign or symptom, please consult a physician, or a health care specialist ASAP.
• Never delay or disregard seeking professional medical advice from your doctor or other qualified healthcare providers because of something you have seen or read on this site.
• There may be mistakes and omissions on product descriptions, product labels, product nutritional facts, and product supplement facts
• Some products may contain milk, egg, Crustacean shellfish, Solanaceae, fish, tree nuts, wheat, peanuts, nightshade, soybeans, and/or gluten.
• Product Ratings by previous or current customers are not intended as a substitute for appropriate medical care or advice. Please talk to your doctor prior to using the recommendations given.
• Make your physician aware of all the nutritional supplements or herbal products you are currently taking to avoid any negative interactions with any drugs you are taking.
• Lean Factor, its affiliates, associates, employees, suppliers, etc. will not be held responsible for any negative effects caused by or associated with the use of our products.
• You should always speak with your doctor or health care professional before you start, stop, or change any prescribed part of your health care plan or treatment and to determine what course of therapy is right for you.
• If you are currently taking a prescription medication, you absolutely must work with your doctor before discontinuing any drug or altering any drug regimen.

Individual results will vary and comments, products, claims, reviews, social media posts, success stories, and testimonials are not typical and have not been evaluated by Lean Factor or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult with your professional health care provider before changing any medication. Always read all labels, check all ingredients, and follow all directions before using any products. By using our Site, Services, Service Providers, or placing an order, you confirm you have reviewed and agree to the Lean Factor Privacy Policy, California Prop 65 WARNING, and Terms & Conditions, which requires the use of binding arbitration to resolve any disputes.