Terms of service
Terms and Conditions
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/1e5c49-2/terms_of_service)
Please read these terms and conditions carefully before using our service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or
in plural.
Definitions
For the purposes of these terms and conditions:
Application means the software program provided by the Company downloaded by you on any
electronic device, named Lesh
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple
App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where
"control" means ownership of 50% or more of the shares, equity interest or other securities entitled to
vote for election of directors or other managing authority.
Country refers to: New Jersey, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Lesh,
46 Gramatan Avenue Mount Vernon, NY 10550.
Device means any device that can access the service such as a computer, a cellphone or a digital tablet.
Service refers to the application or the website or both.
Terms and Conditions (also referred as "Terms") mean these terms and conditions that form the entire
agreement between you and the company regarding the use of the service/products.
Third-party Social Media Service means any services or content (including data, information, products
or services) provided by a third-party that may be displayed, included or made available by the service.
Website refers to Lesh, accessible from www.leshlife.com
You means the individual accessing or using the service, or the company, or other legal entity on behalf
of which such individual is accessing or using the service, as applicable.
Acknowledgment
These are the terms and conditions governing the use of this service and the agreement that operates
between you and the company. These terms and conditions set out the rights and obligations of all users
regarding the use of the Service.
Your access to and use of the service is conditioned on your acceptance of and compliance with these
terms and conditions. These terms and conditions apply to all visitors, users and others who access or
use the service.
By accessing or using the service you agree to be bound by these terms and conditions. If you disagree
with any part of these terms and conditions then you may not access the service.
You represent that you are over the age of 18. The company does not permit those under 18 to use the
service.
Your access to and use of the service is also conditioned on your acceptance of and compliance with the
privacy policy of the company. Our privacy policy describes our policies and procedures on the
collection, use and disclosure of your personal information when you use the application or the website
and tells you about your privacy rights and how the law protects you. Please read our privacy policy
carefully before using our service.
Links to Other Websites
Our service may contain links to third-party web sites or services that are not owned or controlled by
the company.
The company has no control over, and assumes no responsibility for, the content, privacy policies, or
practices of any third party web sites or services. You further acknowledge and agree that the company
shall not be 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web
sites or services that You visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason
whatsoever, including without limitation if you breach these terms and conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the company and any of its
suppliers under any provision of this terms and your exclusive remedy for all of the foregoing shall be
limited to the amount actually paid by you through the service or 100 USD if You haven't purchased
anything through the service.
To the maximum extent permitted by applicable law, in no event shall the company or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other information, for business interruption, for
personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the
service, third-party software and/or third-party hardware used with the service, or otherwise in
connection with any provision of this terms), even if the company or any supplier has been advised of
the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or
consequential damages, which means that some of the above limitations may not apply. In these states,
each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without
warranty of any kind. To the maximum extent permitted under applicable law, the company, on its own
behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service,
including all implied warranties of merchantability, fitness for a particular purpose, title and non-
infringement, and warranties that may arise out of course of dealing, course of performance, usage or
trade practice. Without limitation to the foregoing, the company provides no warranty or undertaking,
and makes no representation of any kind that the service will meet your requirements, achieve any
intended results, be compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the company nor any of the company's provider makes any
representation or warranty of any kind, express or implied: (i) as to the operation or availability of the
service, or the information, content, and materials or products included thereon; (ii) that the service will
be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or
content provided through the service; or (iv) that the Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable
statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to
you. But in such a case the exclusions and limitations set forth in this section shall be applied to the
greatest extent enforceable under applicable law.
Governing Law
The laws of the country, excluding its conflicts of law rules, shall govern this terms and your use of the
service. Your use of the application may also be subject to other local, state, national, or international
laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute
informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the
country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States
government embargo, or that has been designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and
interpreted to accomplish the objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation
under this Terms shall not effect a party's ability to exercise such right or require such performance at
any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These terms and conditions may have been translated if We have made them available to you on our
service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is
material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our service after those revisions become effective, you agree to be bound
by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the
website and the service.
By consenting to [Brand]’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at (info@leshlife.com) for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy [https://leshlife.com/policies/privacy-policy] to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing LESH'S products or services, you agree that any controversy, claim, action, or dispute between you and LESH arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of LESH's website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in the United States of America, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the New York State, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of LESH’s products or services (the “Opt-Out Deadline”). You may opt out by emailing a digital written notification to info@leshlife.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with [Brand]. You are responsible for ensuring LESH’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and LESH agree that you may bring or participate in Claims against LESH only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and LESH agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
● By email: support@leshlife.com