Terms and Conditions

Updated: 22 Feb 2019

OVERVIEW

This website, www.leachco.com, (“Website,” “Site”) is operated by LeachCo, Inc., an Oklahoma corporation (“Leachco,” “We,” “Us,” “Our”).  Throughout the site, the terms “we,” “us” and “our” refer to LeachCo. LeachCo offers this website, including all information, tools, and services available from this site 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 “Services” and agree to be bound by the following terms and conditions (“Terms and Conditions,” “Terms,” “Agreement”), including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to Leachco.com following the posting of any changes constitutes acceptance of those changes.

Leachco.com is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By accessing or using our Website or Services , you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. If you do not meet these requirements, you must not access or use our Website or Services.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in immediate termination of  our Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

All information we collect is subject to our Privacy Policy. You understand that your Personal Information (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. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by Leachco.

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 Site is not accurate, complete or current. The material on this Site 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, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This includes User Contributions.

This site may contain specific 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 site 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 site.

Leachco Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions, product reviews, and other content, other than the content provided by Leachco, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Leachco. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

SECTION 4 - MODIFICATIONS TO 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

 Specific products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

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 or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

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 orders that use the same billing and 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 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 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.

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 site 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 features through the website (including, the release of new tools and resources). Such new features and services shall also be subject to these Terms and Conditions.

 

SECTION 8 - THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send 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,' “User Contributions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments or User Contribution 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, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments and User Contributions 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 10 - COPYRIGHT INFRINGEMENT

If you believe that any User Contribution violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is Leachco’s policy of to terminate the user accounts of repeat infringers.

SECTION 11 - INTELLECTUAL PROPERTY RIGHTS

The Website and the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Leachco, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing, viewing, and using those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• You may take such actions as are enabled by Shopify, MailChimp, or other Partners in using our Services.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Leachco. Any use of the Self-Serve Services not expressly permitted by this Agreement Use is a breach of this Agreement and may violate copyright, trademark, and other laws.

 

Trademarks

The Leachco name, the terms LEACHCO, the SNOOGLE, SNOOGLE JR., BACK ‘N BELLY, GROW ‘N STOW, BUNCHIE, SNUGGAHUG, TURBINI, PUFF CUFF, THE NATURAL, SAFER BATHER, ALL NIGHTER, NATURAL BOOSTER, DUO, BEST NEST, DOZIE ROLL, LUXI, MOTHER COVER, BODY BUMPER, FLIPPER, SWANKLE, PREGGIEE POUFFE, GROW TO SLEEP, BUMPZZZ, PREGGLE, BODY DOUBLE, ROCK ‘N SOFT, RIDE ‘N STRIDE,  BECAUSE YOU’RE EXPECTING MORE, BELLY BUMPER, PILLOOZA, HUG TUB, PROP ‘R SHOPPER, BELLY UP, BODY CLOUD, PILLAY, PODSTER, BOOMREST, the Leachco logo and all related names, logos, product and service names, designs, packaging design, product configurations, and slogans (“Marks”) are trademarks of Leachco or its affiliates or licensors. This list of trademarks is not all-inclusive. You must not use such marks without the prior written permission of Leachco. All other names, logos, product and service names, designs, and slogans appearing on or accessible through these Services are the trademarks of their respective owners.

Patents

Leachco and/or Jamie Leach has received and owns patents for many of its innovations as disclosed below.  These patents protect Leachco’s inventions and the extensive resources Leachco devotes to research, development, and design. In accordance with 35 U.S.C. § 287(a), Leachco provides notice via this page that the products listed below are protected by the associated patents listed below.  The following list of products and patents is not all-inclusive.  Failure to include a patent in this notice is not an admission of any kind.  The products listed below and additional products may be protected by one or more additional patents and pending patents in the United States and elsewhere.

SNOOGLE®

US Patent No. 6,499,164

 

SNOOGLE JR.®

US Pending Nos: D848,760, D848,761, D848,762, D849,447

China Design Patent No: CN ZL201830090060.6

 

BACK ‘N BELLY®

US Patent No. 6,760, 934

 

 SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site 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 – ACCEPTABLE AND PROHIBITED USES

We have a few rules on how our Services can and cannot be used.

 

You agree to:

(a) Use your best efforts to prevent unauthorized access to or use of the Services, including by maintaining a strong password;

(b) Keep your passwords and other login credentials for the Services confidential;

(c) Monitor and control all activity conducted through your User Account;

(d) Notify us promptly if you become aware of or suspect any security breach regarding your account, including any loss, theft, or unauthorized disclosure or use of your (or any of your Authorized Users’) username, password, or account; and

(e) Comply with the applicable terms of any Leachco partners (“Our Partners”) which you connect through the Services (the “Partner TOS”). These include for example (i) the Shopify Terms of Services published at https://www.shopify.com/legal/terms; (ii) the Google Analytics Terms of Service published at https://www.google.com/analytics/terms/us.html (as applicable); and (iii) the Klaviyo Terms of Use published at https://www.klaviyo.com/terms-of-service.

 

In addition to other prohibitions as set forth in Terms and Conditions, you are prohibited from using the Site 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 or the intellectual property 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;

(k) to impersonate or attempt to impersonate Leachco, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing);

(l) allow more than one individual Authorized User to use a single log-in to the Services;

(m) access the Services or Website in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services

(n) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;

(o) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Leachco or users of the Services or expose them to liability; or

(p) allow or encourage any third party to do any of the above.

 

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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.

 

In no case shall Leachco, our owners, 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 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.

SECTION 15 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Leachco and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 16 - SEVERABILITY

In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 - TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, 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 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site 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 previous versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of American and the state of Oklahoma.

SECTION 20 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions 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 and Conditions constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to customerservice@leachco.com.