TERMS OF SERVICE AND SALE

These terms of service and sale ("Terms" together with our Privacy Policy "Terms and Conditions") tell you information about us and set out the legal contract terms and conditions for any Lucille Roberts products ("Products") we sell on our websitewww.lucilleroberts.com, including all of its pages, and www.lrhelp.com (collectively " Website") to you and also governs how you use this Website. These Terms do not apply if you buy Lucille Roberts products from any source other than our Website (if, for example, you buy Lucille Roberts products from one of our authorized distributors or retailers). The distributors and retailers will have their own terms and conditions that will apply if you buy Lucille Roberts products from them (and you should make sure you understand any such terms).

These Terms are a legally binding agreement made by Lucille Roberts, hereinafter defined, ("Us" or "We") and you, personally and, if applicable on behalf of the entity for whom you are using this Website (collectively "you") ("Contract"), and these Terms govern your use of our Website and the purchase of Products from our Website. Please read these Terms carefully and make sure that you understand them before using or purchasing on our Website.

Please note that you agree to be bound by these Terms by (i) ordering any of our Products, and (ii) using this Website. If you refuse to accept these Terms, you will not be able to use or order Products from our Website.

1. Understanding these Terms

2. About us

3. Our Products

4. Memberships

5. Your Account

6. Buying Products from Us

7. Product Prices

8. Methods of Payment

9. Returns and refunds

10. Disclaimers, Exclusions, and Limitations

11. Indemnification

12. Using our Website

13. Your Personal Information

14. Events Outside of Our Control; Force Majure

15. Changes to these Terms

16. Complaints

17. Sales Tax

18. Your Content

19. Intellectual Property Ownership

20. Domestic and International Use

21. Waiver of Class Action Lawsuit

22. Limtation on Actions

23. Changes to the Website

24. Other Important Information

25. Governing Law and Jurisdiction

1. Understanding these Terms

1.1 When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and quotation marks).

1.2 When we refer to "we", "us" or "our", we mean Lucille Roberts Health Clubs, Inc. and its affiliates (collectively "Lucille Roberts"). When we refer to "you" or "your" we mean you, the person using or buying Products from our Website.

1.3 We have used headings to help you understand these Terms and to easily locate information; however, the titles are not meant to limit or define the information located within that section. These Terms, and any Contract between you and us, are only available in the English language. We recommend that you print or save a copy of these Terms for your records (but please note that we may amend, modify or change these Terms from time to time, as explained in section 15 below). Please check the Website each time you use or order any Products or services in the event that changes have been made to this policy, which may occur from time to time, without notice to you unless require by law.

2. About Us

2.1 We are Lucille Roberts and we are registered in the United States. We provide affordable Products, and services in a comfortable environment where our members can exercise, lose weight, and have fun doing it.

2.2 If you would like to contact us, please use the form on the Contact Us page of our Website ( or click here) and our customer service team will be happy to assist you.

3. Our Products

3.1 We have an unparalleled commitment to excellence.

3.2 The images of the Products on our Website are for illustrative purposes only. The packaging and presentation of the Products may vary from that shown on images on our Website.

3.3 Many of our Products are available in different sizes, weights, quantities and varieties. The various options for each Product are stated on the relevant Product page on our Website.

3.4 All Products shown on our Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

4. Memberships

All club memberships offered through the Website, whether for purchase or free trial basis, are subject to your membership agreement and the terms and conditions of your membership agreement, which is required in order to use the club. Your membership and use of the clubs is also subject to all of our rules and regulations.

5. Your Account

5.1 You do not have to register to explore our Website or to buy Products from us, but, if you do chose to register and create an account with us, this will allow you to fully enjoy our Website and enable us to customize your experience, making shopping easier for you.

5.2.1 When creating a membership account, you must store your debit and credit card information, address, email account, and phone number. In the account section, you will have the ability to view your membership agreement and billing information.

5.2.2 When creating an account for purchasing a Product you may store your debit and credit card information for easier and faster checkout, store and edit your delivery addresses and billing information and review your previous purchases and order history.

5.3 When you register, or create an account, or buy Products through our Website, you will be required to provide certain information including your name, phone number and email address. You will also be required to provide valid details of a credit or debit card which you are legally entitled to use. We reserve the right to request additional evidence or proof of billing information where we think this is necessary. You confirm that all information you provide to us at any time is true, accurate and complete.

5.4 Upon the creation of an account you will be asked to create a password. Your must keep it confidential. You will be responsible for all use of your password, including without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password has been used by an unauthorized person or entity. Changing your password often is recommended. Our employees will never ask for your password; notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.

6. Buying Products from Us

6.1 You may only buy Products from our Website if you are at least 18 years old.

6.2 You may not buy Products from our Website for business and/or resale purposes.

6.3 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. In particular, please check the quantities, sizes and weights of each of the Products in your order.

6.4 By clicking the "Submit order" you are committing to buy and pay for the Products in your order. This is an offer from you to enter into a Contract with us to buy the Products in your order. The Contract is subject to these Terms. By placing an order, you confirm that you accept these Terms.

6.5 After you place an order; you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.

6.6 If we accept your order, we will confirm this to you by sending you an email ("Order Acceptance"). The Contract between us will only be formed when we send you the Order Acceptance. We will send you a further email when the products in your order have been shipped (" Shipping Confirmation"). The Order Acceptance will also include details of your right to cancel the Contract - please read this information carefully as it is important that you are aware of your rights.

6.7 Only the Products listed in the Order Acceptance are included in the Contract between you and us. If there are any errors in your Order Acceptance, please contact us as soon as possible using the form on the Contact us page of our Website (available at Contact us).

6.8 If we are unable to supply you with a Product (because, for example, that Product is not in stock or is no longer available) we will inform you of this by email and we will not process your order. If you have already paid for the Product(s), we will refund you the full amount as soon as possible.

6.9 When you place an order for Products, we will ship the Products to the address designated by you. Risk of loss and title for Product gets passed upon delivery of the Product to the carrier. You are responsible for filing any claims with the carrier for damaged or lost shipments.

7. Product Prices

7.1 The prices of the Products will be as quoted on our Website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, it is always possible that, despite our efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Products at the correct price or cancelling your order. We do not have to provide the Products to you at a lower price where we have made a pricing error. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat your order as cancelled.

7.2 The prices of the Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Acceptance.

8. Methods of Payment

8.1 You can pay for Products and/or services by using a debit card or credit card. We accept the following cards: American Express, Visa, MasterCard and Discover.

8.2 By ordering Products and/or services from us through our Website, you authorize us to perform credit and anti-fraud checks on you and the payment method that you have provided. These checks may be required, amongst other things, to verify your identity, to validate your credit or debit card, to obtain an initial credit or debit card authorization and/or to authorize individual purchases. You authorize us to disclose information provided by you, including personal information, to third parties such as banks and the providers of credit reports for the purposes of these checks, and accept that such parties may keep a record of that information. You also agree that we may make the information we receive from such checks available to third parties including fraud prevention and credit reference agencies. We reserve the right to put in place additional payment security systems from time to time.

8.3 If the amount due from you for your order cannot be debited or charged, for whatever reason, your order will be cancelled (we will notify you of this using the contact details you provided during the order process).

9. Product Returns and Refunds

General returns

9.1 We want you to be completely satisfied with the Products you have purchase from us. If you have any problems with the Products you have ordered, please contact our customer service team using the form on the Contact Us page of our Website ( or click here). Details of your legal right to cancel your Contract with us due to the purchase of a Product, and an explanation of how to do this, are set out below and provided in the Order Acceptance that we send to you.

9.2 You will receive a full refund of the price you paid for Products. We will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you contacted us.

Faulty Products

9.3 In the unlikely event that the Products purchased on our Website are faulty or not as described, you may have additional legal rights to receive a refund in relation these Products. These legal rights are not affected by our general returns policy (set out above) or by these Terms. Advice about your legal rights is available from your local or national consumer protection body.

10. Disclaimers, Exclusions, and Limitations.

10.1 DISCLAIMER OF WARRANTIES: We provide the Website on an "AS IS" and "AS AVAILABLE" basis. We do not represent and do not warrant that the Website, the information on it, the service or your use of the Website: (a) will be available uninterrupted or secure, (b) will be free of defects, inaccuracies, misrepresentations, viruses, defects or the like, (c) will meet your computer requirements, (d) will function with the use of hardware or software. YOU ACKNOWLEDGE BY YOUR USE OF THE WEBSITE THAT WE MAKE NO WARRANTIES OR REPRESENTATIONS EXCEPT THOSE SPECIFICALLY EXPRESSED HEREIN AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, WHETHER IMPLIED OR EXPRESSED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, MERCHANTABILITY AND NON-INFRINGEMENT.

(i) This Website may contain forward-looking statements not intending to be actual and/or conclusive statements. You are cautioned to not place undue reliance on any forward-looking statement because such statements involve risk and uncertainty. Actual developments or results could change materially from those expectations regarding future events or business developments.

(ii) THE INFORMATION PROVIDED TO YOU ON THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY. IT SHOULD NOT BE USED AS A SUBSTITUTION OR ALTERNATIVE TO THE ADVICE OF A DOCTOR OR PROFESSIONAL MEDICAL CAREGIVER. ANY INFORMATION OR PRODUCTS ON THIS WEBSITE SHOULD NOT BE USED FOR DIGANOSING OR TREATMENT OF A MEDICAL CONDITION. ALWAYS CONSULT A PROFESSIONAL WHEN RELYING ON ANY INFORMATION TAKEN FROM THIS WEBSITE OR USING ANY PRODUCTS OR SERVICES FROM THIS WEBSITE.

(iii) All Products are provided "AS IS" without guarantees, representations or warranties of any kind whether expressed or implied including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement, except those Products subject to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. WE HEREBY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCAHNTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PUSPOSE. WITHOUT LIMITING THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

11. Indemnification

You agree to hold us and our employees, affiliates, representative, agents, attorneys, directors, officers and managers ("Indemnified Parties") harmless from any damage, loss, cost or expense (including without limitation attorney's fees and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Website or your violation of these Terms. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Notwithstanding anything to the contrary herein, you may not settle, compromise or in any other maner dispose of any Claim without our consent.

12. Using our Website

12.1 Your use of our Website is governed by the Terms and Conditions. Please take the time to read the Terms and Conditions as they include important information and terms which apply to you. If you do not accept our Website Terms and Conditions, you are not permitted to use our Website.

12.2 No person under the age of 18 is permitted to use this Website without the supervision of a parent or guardian. Your use of this Website will be deemed to be a representation that you are 18 years of age or older or using the Website with the permission of your parent(s) or guardian. If you are an individual or entity that cannot form a legally binding contract under applicable laws you are prohibited from using this Website. All purchases must be made by individuals 18 years or older.

12.3 By using this Website you will not (i) infringe on any patent, trademark, trade secret, copyright, right of publicity or other right of any party, or submit content that is harassing, obscene, threatening, defamatory, or otherwise inappropriate; (ii) disrupt or interfere with the use or security of the Website; (iii) interfere or damage the Website including without limitation viruses or technological evolution of; (iv) impersonate another person or entity or use a false name; (v) attempt or obtain unauthorized access to the Website; (vi) engage in, either directly or indirectly, the transmission of "spam" or any other type of unsolicited solicitation to our subscribers and users; (vii) collect or use for commercial purpose information or content used, stored or available on our Website; (viii) violate any law or regulation in connection with the use of this Website; and (ix) engage in, assist, or encourage activity that would interfere with a third party's use of the Website.

13. Your Personal Information

We only use your personal information in accordance our Privacy Policy (available at Privacy Policy). Please take the time to read our Privacy Policy as it includes important information and terms which apply to you.

14. Events Outside of Our Control; Force Majeure

14.1 In rare circumstances, events outside of our reasonable control may delay or prevent us from performing our obligations under the Contract. If these events occur, we will try to perform our obligations to you as soon as we can. We cannot, however, accept liability for any losses caused to you as a result of any delay or failure by us to perform our obligations where such delay or failure is due to an event which is outside of our reasonable control.

14.2 If an event outside of our reasonable control takes place that affects the performance of our obligations under the Contract:

14.2.1 we will contact you as soon as reasonably possible to notify you; and

14.2.2 our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control. Where the event outside of our reasonable control affects delivery of Products to you, we will arrange a new delivery date with you after the event outside of our reasonable control is over.

15. Changes to these Terms

15.1 We may make changes to these Terms from time to time (if, for example, we have made changes to how we accept payment from you, or if there is a change in the law that means we need to change these Terms).

15.2 Every time you order Products from us, the Terms and Conditions in force at that time will apply to the Contract between you and us. The current version of these Terms and Conditions will be available on our Website. Please check the Terms and Conditions on our Website each time that you order Products or services from us to ensure that you understand the Terms and Conditions that apply at the time.

16. Complaints

We hope that you don't have cause for a complaint but, if you do, we want to hear about it so that we can try and resolve it and make sure it doesn't happen again. Please contact our customer services team using the form on the Contact Us page of our Website (available at Contact Us).

17. Sales Tax

Upon purchasing any Products or services, including club membership, you will be responsible for paying any applicable taxes. Memberships are subject to additional terms.

18. Your Content

18.1 By posting, storing or transmitting any content on or to the Website, you hereby expressly grant us a perpetual, worldwide, non-exclusive, royalty-free, right and license, including the right to sublicense, to use, reproduce, publicly display, publicly perform, create derivative works from, modify, alter, change, distribute and transmit such content in any form, in all media now known or hereinafter created, anywhere in the world. You hereby WAIVE any right to inspect and approve any use of your content. You hereby expressly RELEASE, discharge and agree to hold Us harmless from any liability to virtue any use whatsoever, whether intentional or otherwise, or from any change that may occur to be produced in the taking of said content unless it can be shown that said reproduction was maliciously caused, produced and published solely for the purpose of subjecting you to conspicuous ridicule, scandal, reproach, scorn and indignity or a similar moral right theory.

18.2 We do not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm resulting from (i) any content posted on our Website, regardless of the source, or (ii) your interactions with other users of the Website. We reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any action to restrict access to or the availability of any material that we or another user of the Website may consider to be obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable including without limitation because it violated these Terms. We reserve the right, in our sole discretion, to delete any user-generated content stored or posted to the Website and to delete any account that is suspected to or actually violates these Terms.

19. Intellectual Property Ownership

19.1 All materials, images, context on the Website, including without limitation, the logos, design, text, graphics, or other materials, and the selection and arrangement thereof is either owned by us or obtained through authorization.

19.2.1 All content on this website, including but not limited to, page headers, images, illustrations, graphics, design, audio clips, video clips, and written text (collectively the "Content"), are subject to trademark, copyright and/or other intellectual property rights or licenses held by us or by third parties who have licensed their materials Us.

19.2.2 All Content of, on, or within the Website is our sole property as protected by copyright laws and regulations in combination with the selection, coordination, arrangement and enhancement of the Content. The Content the Website as a whole, are intended solely for commercial use, display and distribution. In the event, one of our authorized representative allows you personal and non-commercial use of any Content, you may download, print and store those selected portions of the Content, but it is strictly prohibited to (i) copy or post the Content on any network computer or broadcast the Content in any media, and (ii) modify, alter, change or reproduce the Content in any way not authorized by us. In providing you authorization of use, you understand that that you have no right, title or interest in any Content and no right, title or interest is being transferred to you as a result of any such authorization to download. We expressly reserve all title, rights and interests in all intellectual property rights in any Content you may download. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining express written permission from us in each instance.

19.3 Nothing contained herein shall be construed as granting, authorizing, by implication, estoppels or otherwise any license or right to use any of the intellectual property displayed or used on this Website without our express written permission in each instance. Reproduction, distribution, republication and retransmission of any material contained within the Website is prohibited without the prior written permission by us in each instance. Further, we reserve the right, but not the obligation, to prosecute any such unauthorized use to the fullest extent of the law.

20. Domestic and International Use

This Website is controlled from within the United States. We make no representation that the Website or its content, including without limitation, any Products or services available on or through our Website are appropriate or available for use outside of the United States. Users on this Website from outside the United States do so on their own initiative and must bear all responsibility for compliance with local and national laws and regulations. In addition, the United States export control laws prohibit the export of certain technical data and software to certain territories, therefore no content may be downloaded in violation of such laws.

21. Waiver of Class Action Lawsuit

BY ENTERING INTO THESE TERMS, YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. BY USING THIS WEBSITE AND ENTERING INTO THESE TERMS YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED INDIVIDUALLY.

22. Limitation of Actions

You hereby acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises otherwise you will be forever barred from pursuing any legal remedy at law or in equity.

23. Changes to the Website

We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you and we will not be liable for doing so.

24. Other Important Information

24.1 We may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or our obligations under these Terms.

24.2 The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

24.3 Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.

24.4 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing in each instance, this means that we will and do not automatically waive any later default(s) by you.

24.5 These Terms constitute the entire understading between you and us and it supersedes all prior and contemporaneous understanding, agreements, representations and warranties, both written and oral, relating hereto.

25. Governing Law and Jurisdiction

25.1 These Terms and Conditions and the rights and obligations of you and us arising under or in connection with these Terms and Conditions are governed by and construed in accordance with New York State law, without giving effect to choice or conflict of law provisions or rules. This means that any dispute, controversy, or claim arising out of, relating to or in connection with it the use or purchase of Product on or through this Website, will be governed by the laws of New York State.

25.2 You and we both agree that the courts of New York County, New York will have exclusive jurisdiction of any such disputes, controversy or claim and you hereby waive any venue objections.

Loading tweets...