Table of Contents
1. IN GENERAL
Welcome to the LEANORA.CA website and co-branded versions of the website located at URLs that resolve to the domain name LEANORA.CA (the “Website” or “Site”). As you have no doubt experienced with virtually all websites, your use of this Site is subject to certain terms and conditions of use (collectively the “Terms”) set forth below. These Terms are important for both you and us as they create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.
2. USE OF OUR WEBSITE
3. ACCURACY AND COMPLETENESS OF INFORMATION
4. PLACING AN ORDER
5. AVAILABILITY OF PRODUCTS
6. RETURN &, EXCHANGE, REFUND POLICIES
7. REFUSAL OF ORDER/MODIFICATIONS TO WEBSITE
9. UNABLE TO DELIVER
10. RISK AND TITLE
11. MODIFICATIONS TO THE SERVICES AND PRICES
12. PRICE AND PAYMENT
13. PRODUCTS OR SERVICES
14. UNAUTHORIZED USE OF THIS SITE
15. LIABILITY AND DISCLAIMERS
16. LINKS TO THIRD-PARTY SITES AND OPTIONAL TOOLS
15. LIABILITY AND DISCLAIMERS
17. INTELLECTUAL PROPERTY
18. COPYRIGHT AND/OR TRADEMARK INFRINGEMENT
20. WRITTEN COMMUNICATIONS
When using our Site, you accept that communication with us will be mainly electronic, including via text messages and that such communication will be binding on you and LEANORA & CO. We will contact you by email, text messages or provide you with information by posting notices on our Site. For contractual purposes, you agree to these means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
21. USER COMMENTS. FEEDBACK AND OTHER SUBMISSIONS
If at our request, you send us any content or without request from us, you send us any comments, ideas, plans or proposals (collectively known as “comments”), by email, to a physical address or otherwise, you agree that we have all rights regarding those comments, including editing, copying, publishing. We don’t have any obligation to maintain those comments in confidence or pay compensation. You agree that you will post only those comments that you are legally entitled to publish and reviews that you believe to be true and that you will not purposely provide false or misleading information through these comments.
You agree that your comments will not violate any law, including any third parties’ copyright laws or rights. You also agree that your comments will not contain any libellous, unlawful and obscene material or contain any viruses or any other malware.
You alone are responsible for the comments you make. LEANORA & CO. will not be liable for any comments and their accuracy. We do not assume any liability arising from your comments.
As part of your use of the Site and services offered on the Site, you may upload, post, distribute or disseminate (collectively, “post”) content and material (including, but not limited to, photographs, images you have taken, captions and comments), or you may send or email us material (including but not limited to, photographs you have taken, articles you have written, captions and comments) which we, at our discretion, may allow you to post (collectively, the “Posted Content”) on the Site. You hereby grant LEANORA & CO.a right and worldwide license to use the Posted Content on the Site and to promote and advertise the Site and LEANORA & CO.in any way and you hereby waive any moral rights to such Posted Content to the fullest extent permitted by law. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false or inaccurate material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following:
- post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it;
• post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it;
• post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another;
• post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive or hateful to another user or to any other person or entity;
• post any chain letter or pyramid scheme; or
• post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
LEANORA & CO. does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. LEANORA & CO. does not confirm that each user is who he or she claims to be. LEANORA & CO. exercises great effort to protect Posted Content from being misused. However, if misuse has occurred, neither LEANORA & CO. nor its affiliates, their respective content and service providers, or their respective directors, officers, employees and agents will be liable in any way for such misuse. Because LEANORA & CO does not control the behavior of users or participants on the Site, in the event that you have a dispute with one or more such users, you hereby release LEANORA & CO., its affiliates, their respective content and service providers, and their respective directors, officers, employees and agents from any actual and consequential, direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action or claims of every kind and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such dispute.
LEANORA & CO acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If LEANORA & CO becomes aware of any Posted Content that allegedly may not conform to these Terms, LEANORA & CO may investigate the allegation and determine in its sole and absolute discretion whether to take action in accordance with these Terms. LEANORA & CO has no liability or responsibility to users for performance or non-performance of such activities. You may find some Posted Content to be offensive, indecent, harmful, inaccurate, objectionable, mislabeled or deceptively labeled. LEANORA & CO expects that you will use caution and common sense when using the Site or Services.
LEANORA & CO HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST LEANORA & CO FOR SUCH REMOVAL AND/OR DELETION. LEANORA & CO IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.
We are pleased to hear from our visitors and welcome your comments. Because of the large number of ideas and works that LEANORA & CO has already developed, or that have been suggested to us by third parties, the possibility exists that any idea, suggestion or submission that you may make through the Site is similar to information, ideas or suggestions already known to us. By disclosing any information, idea, suggestion or other material through this Site, you agree that (a) no confidential relationship is established by virtue of such submission and that the material is not submitted in confidence and (b) no obligation of any kind is assumed by, nor may be implied against, LEANORA & CO by virtue of such submission. Moreover, no liability shall result from the use of such information, ideas or suggestions by LEANORA & CO.
22. REGISTRATION, PASSWORDS, AND SECURITY
24. BINDING NATURE; ASSIGNMENT
25. EVENTS OUTSIDE OUR CONTROL
No failure of LEANORA & CO to enforce any of its rights or remedies under these Terms or the Gift Card Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms or Gift Card Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the section on Notices (Section 29).