OVERVIEW – AGREEMENT TO ACCESS THIS WEBSITE OR USE ANY SERVICES
This website that includes all websites, webpages, applications, and other Internet-based services (hereinafter, the “Website”) operated by LEYOS LLC, a California Limited Liability Company (hereinafter, the “Company,” “LEYOS,” “we” or “us”). LEYOS offers this website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service.
Our store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform California (“location”) that allows us to sell our products and services to you. You agree that, by accessing or using the Website or any part thereof, you are voluntarily reaching to access the Website, execute and enter into this agreement, and purposefully avail yourself to the services offered by the Company solely at the location; regardless of your own location. Moreover, if you access the Website from outside of the location, you acknowledge that you are solely responsible for compliance with all applicable local laws and regulations of your location. YOU ACCESS AND USE THE WEBSITE AT YOUR OWN RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THIS WEBSITE OR ITS CONTENT IS APPROPRIATE AND AVAILABLE FOR USE IN CERTAIN LOCATIONS.
SECTION 1 – ELIGIBILITY REQUIREMENTS
The Website is intended for persons eighteen (18) years of age or older. If you are between thirteen (13) and seventeen (17) years of age, you may use the Website under the supervision of your parent or legal guardian who has explained the agreement to you and agrees to be bound to it on your behalf. YOU MAY NOT USE THE WEBSITE IF YOU ARE UNDER THIRTEEN (13) YEARS OF AGE.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the Website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy..link
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Website is void where prohibited.
We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
If you access the Website from outside the location, beware that the Website may contain content, references, or links to other websites, webpages, products, or services that are prohibited or restricted by the laws or regulations of your country, territory, or jurisdiction. YOU MAY NOT USE THE WEBSITE IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS OF SERVICE.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy. link
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY INTERACTIONS AND CONTENT
You are solely responsible for your interactions with third parties you may meet or connect with on the Website.
Links to Third Party Offerings
Certain content, products and services available via our Service may include materials from third-parties.
The Company may allow or provide, or authorize certain users or third parties to provide, advertisements or links on or through the Website to websites, webpages, applications, services, products, and other resources operated by a party(s) other than the Company (“Third Party Offerings”). In doing so, the Company is NOT endorsing any such Third Party Offerings unless our endorsement expressly stated. You acknowledge and agree to not hold the Company, or any our officers, directors, shareholders, agents, employees, affiliates, or subsidiaries, responsible or liable for the availability, quantity, or quality of any such Third Party Offerings or for any content, information, advertisement, product, service or other material on or available therefrom. You also acknowledge and agree to not hold the Company responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party content, information, advertisement, product, service or other material should be directed to the third-party.
Dealings of Users and Third Parties
Purchases and other business dealings with users or other third parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the users or other third party. Buyer beware: you provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users or third parties solely at your own risk. Should you choose to make purchases from or provide your financial information to any users or third parties, you do so solely AT YOUR OWN RISK. WE DO NOT EXERCISE CONTROL OVER YOUR BUSINESS TRANSACTIONS (INCLUDING BUT NOT LIMITED TO PURCHASES) WITH OTHER USERS OR THIRD PARTIES, AND WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING YOUR PURCHASES FROM THEM, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OPERABILITY, FUNCTIONALITY, AND COMPLETENESS. YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE CONDUCT OF ANY USER OR OTHER THIRD PARTIES ON THE WEBSITE.
SECTION 9 – INTELLECTUAL PROPERTY
Any trademarks and service marks (e.g., Leyos™ and our logos, slogans, and phrases), trade dresses, copyright-protected works, rights of publicity, patents, know-how, trade secrets, proprietary ideas, and publicity rights that are reproduced, distributed, displayed, performed, transmitted, or otherwise appearing on the Website or any Content therein (collectively, the “IP”) are either owned by us, have been licensed to us, or are being used by us in a merely descriptive manner, under the fair use doctrine, under the first-sale doctrine, by virtue of being in the public domain, or in accordance with some other legal exception(s) or exemption(s). Other than as expressly allowed by us in writing, nothing herein or in the Website may be implied as granting any license, assignment, or right to copy or use of our trade name or any of our IP without our prior authorization. Any unauthorized reproduction or distribution of the Website, and Content found therein, is expressly prohibited and may result in civil litigation, damages, injunctive relief and possibly even criminal penalties under law. Please inform us if you become aware of any infringement or violation of intellectual property rights, by emailing us at: email@example.com.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, inaccurate, incomplete, abusive, obscene, profane, harassing, racially offensive, or illegal or otherwise objectionable or violates any party’s intellectual property rights and rights of privacy and publicity, or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 – ELECTRONIC COMMUNICATION CONSENT
When you create an account, send us an email, or otherwise provide us your email address, you are communicating with us electronically and thereby consent to receive emails and other electronic communications, notices, messages, updates, offers, and information about our services and products. We may publish or deliver electronic communications to you through one or more media of our choosing and in the form of periodic issues with a frequency of our choosing. Except for communications that are necessary to facilitate a transaction, such as to complete a sale or provide you with a sales receipt, we will give you the opportunity to “Unsubscribe” and thereby opt-out of receiving electronic commercial communications from us by following the hyperlinked opt-out instructions that will usually be found at the bottom of each such communication.
SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights, privacy and publicity rights or the intellectual property rights, privacy and publicity rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY, INGREDIENTS
The statements made on the Website have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. The statements and products are not intended to diagnose, treat, cure or prevent any condition or disease. LEYOS does not give or intend to give any answers to medical related questions and the Website is not intended for use as a medical resource. This Website does not replace the need for services provided by medical professionals. We recommend speaking with your health care providers before changing your personal care regime. The content contained in ingredients, natural processes pages of this Website for some of our personal care products may contain information about natural ingredients, natural processes and natural therapies, which are not regulated in the United States by the Food and Drug Administrations. Such information is intended as an educational aid only.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
The express responsibilities set forth herein are the only responsibilities of the Company to you, and we have no other responsibilities to you with respect to the Website. In no case shall LEYOS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website or any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Also, certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain liabilities or damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
SECTION 16 - INDEMNIFICATION
You agree to indemnify, defend, reimburse and hold harmless LEYOS and our parent, subsidiaries, affiliates, partners, shareholders, officers, directors, employees and interns, agents, advisors, contractors, assignors, licensors, service providers, subcontractors, suppliers, harmless from any claims, causes of action, actions or demands, liabilities, damages, losses, fines, penalties, costs and expenses of any kind, and settlements including without limitation, reasonable attorneys’ fees, paralegals’ fees, expert witness’ fees, investigation fees, and accounting fees, arising from or related to (i) your unauthorized use of the Website, (ii) any content you post or that is otherwise introduced to the Website from your account, (iii) your breach of any provision in the Agreement, (iv) any of your representations or warranties made herein, or (v) your violation of any law or rights of any third party. We will have the option to assume the exclusive defense and control of any action to which the Company is named a party and you agree to cooperate with us in asserting any available defenses we find appropriate. NOTHING STATED IN THIS TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU HEREIN.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – DISPUTE RESOLUTION
Mindful of the high cost of litigating disputes, not only in dollars but also in time and energy, the parties hereto agree to the following dispute resolution procedure: In the event of any claim, controversy, cause of action, or dispute arising out of or related to any conduct on the Website or the breach, enforcement, interpretation, or validity of this Terms of Service, the other parts of the Agreement, or any portion(s) thereof (“Dispute”), the complaining party shall first attempt in good faith to settle such Dispute by delivering written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party thirty (30) days since the date of notice delivery to respond.
Any Dispute between you and the Company that arises in whole or in part from the Website, and which is not resolved informally within thirty (30) days after notice is delivered in accordance with the preceding paragraph, will be exclusively resolved by binding arbitration before JAMS in Los Angeles, California, U.S.A. If an arbitrator cannot be mutually agreed upon within sixty (60) days after the date the Dispute first arose, each of the disputing parties will choose an arbitrator and those arbitrators will then select another arbitrator to conduct the arbitration and render a final decision. However, the arbitration award shall be binding on the parties and limited to findings of fact to which the parties agree to be bound. After the conclusion of the arbitration, either party may submit the remaining (non-factual) issues in the Dispute to a court of competent jurisdiction in the State of California to pursue a final and an enforceable judgment.
The parties hereto further agree that a presiding court of competent jurisdiction’s damages award will be limited to compensatory damages at most, and that no punitive, treble, or consequential damages may be awarded. Notwithstanding the foregoing, you acknowledge that the unauthorized use of the Website or Services could cause irreparable harm to the Company and our other users, and that in the event of your unauthorized use, we will be entitled to an injunction, specific performance, temporary restraining order, and all other remedies available at law or in equity.
SECTION 20 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States, without resort to its conflict of laws provisions.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. For reasons of commercial practicality, you may not change any terms in the agreement without our prior written consent.
SECTION 23 – INDEPENDENT CONTRACTORS
All parties hereto are independent contractors. You agree that no agency, partnership, joint venture, or employment relationship is created or exists between you and the Company or our affiliates unless expressly stated in another agreement. Other than the binding commitments stated herein, and unless stated otherwise herein, neither party has any authority of any kind to bind the other in any respect.
SECTION 24 – ASSIGNMENTS
You may not assign or transfer the agreement, including any part of this Terms of Services or any licenses and rights discussed herein, without our prior written consent. Any attempt by you to assign, transfer, delegate or sublicense the agreement, or any part thereof, without such consent will be null and void. We may assign, transfer, delegate or sublicense the agreement or any licenses and rights discussed herein, at our sole discretion, without restriction. Subject to the foregoing, the agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
SECTION 25 – FORCE MAJEURE
Neither of the parties hereto will be deemed to be in violation or breach of contract if performance of the obligations required by the agreement is delayed or rendered impossible because of any natural disaster, war, terrorist act, earthquake, fire, thunder, lightning, typhoon, tsunami, hurricane, flood, strike, sickness, accident, civil commotion, epidemic, act of government, act of God, alien invasion, rebellion, revolution, riots, explosion, marine accident, strike, lockout, labor dispute, shortage or regulation of energy supply or materials, or other unforeseen event that is beyond the control of either party hereto.
SECTION 26 – NOTICES
All notices we are required to give you may be delivered electronically by email or through the Website. Unless you indicate otherwise prior to our sending of the notice, we may send email notices to your last-supplied email address or the email address that is linked to your user profile. Notices to the Company must be sent to: firstname.lastname@example.org. Notices we send you will be deemed delivered when emailed or transmitted by us, and all notices you provide us will be deemed to have been delivered when emailed to us.
SECTION 27 - CONTACT INFORMATION
If you have any questions regarding the Terms of Service or any part of the agreement, please contact us. All questions, comments, concerns, and notices should be sent via email to: email@example.com.