Leon Footwear Terms of Service

Effective Date: September 1, 2022

1. INTRODUCTION

Thank you for visiting Leon Footwear! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Leon Footwear website and any other related services provided by us (collectively, the “Service”). All references in these Terms to “we”, “us”, “our”, “Leon”, or "Leon Footwear" refer to Leon Homewear, LLC. All references to “you”, “your”, or “user” relate to all persons who use or access the Services, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

In addition to these Terms, please review the Leon Footwear Privacy Policy, which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well. By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.

PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.

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

Our store 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.

Do not hesitate to contact us at hello@liveleon.com if you have any questions.

2. ONLINE STORE TERMS

We do not intend that the Service be used by anyone under 18 years old. Leon does not sell products or services to children, but we do sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our Services only with involvement and permission of a parent or guardian. We reserve the right to refuse service or cancel orders in our sole discretion.

By agreeing to these Terms of Service, 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.

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).

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 an immediate termination of your Services.

3. LEON SERVICES AND PRODUCTS

Leon has both a brick and mortar stores and the Service (i.e. an online marketplace). These terms apply to your use of the Service. For more information on what information we collect from you and how we use it, please see our Privacy Policy.

Certain 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 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 anytime 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.

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.

5. RETURNS

You'll find our return policy here.

6. RISK OF LOSS

Items purchased from Leon may be made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

7. PERMITTED USE OF THE SERVICE

You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.

8. LIMITATIONS ON USE OF THE SERVICE

You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, taking any of the following actions:

accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization;
interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and
forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service.

Further, you agree not to take any of the following actions when using the Service:

modifying, making derivative works of, decompiling, reverse-engineering, disassembling, or otherwise convert any aspect of the Service;
licensing, selling, renting, leasing, transferring, assigning, distributing, hosting, or otherwise commercially exploiting the Service;
accessing the Service in order to build a similar or competitive service;
accessing (or attempting to access) any part of the Service by means other than through the interface that is provided by us;
removing, obscuring or altering any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service; or
using the Service except as permitted by these Terms.

9. OWNERSHIP OF THE SERVICE

The Service contains important and proprietary property owned by us. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.

Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.

10. THIRD PARTY SITES AND SERVICES

Our Service may be integrated with services provided by third parties as part of the functionality of the Service. You understand that we do not have control over third parties and that such third parties are not agents of Leon. You acknowledge and agree that we make no representation or warranty about, do not endorse, and will not be liable for any third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services. You should contact the third party with any questions about their products and services. We hereby disclaim and you hereby discharge, waive and release us and our licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

11. 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/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.

12. UPDATES TO THE SERVICE

We may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. If you do not want such Updates, your remedy is to terminate your Account and stop using the Service. If you do not terminate a previously created Account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.

13. INFORMATION YOU PROVIDE TO US

As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through your Account. The information collected by us is detailed in our Privacy Policy. By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our Privacy Policy and in furtherance of providing the Service, and you represent and warrant that you own, or have the authority to distribute, the information.

Further, by using the Service, you agree that we may use this information, including your email address, to send you information regarding Updates to the Service, problems with the Service, and any other communications pertaining to the functionality of the Service.

14. 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 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.

15. 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 (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, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property 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.

16. ERRORS IN WEBSITE CONTENT

Leon attempts to be as accurate as possible, however, Leon does not warrant that product descriptions or other content on the Service is 100% accurate, complete, reliable, current, or error-free. If a product offered by Leon is not as described, your sole remedy against us is to return it in unused condition and request a refund pursuant to our refund policy. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

In the event a product or service is listed at an incorrect price or with incorrect information, we shall have the right to refuse or cancel any orders placed for such product or service. If your credit card has already been charged and your order is canceled, we will issue a credit to your account.

17. 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 is provided for general information only and should not be relied upon as the sole basis for making decisions.

18. OUR INTELLECTUAL PROPERTY

The Service and all content are the property of Leon or used with permission. This Agreement does not transfer ownership rights to you.

19. ASSUMPTION OF RISK

YOUR USE OF THE SERVICE AND OUR PRODUCTS IS ENTIRELY AT YOUR OWN RISK.

20. DISCLAIMER OF WARRANTIES

THE SERVICE ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE.” LEON DISCLAIMS ALL WARRANTIES.

21. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL LEON BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES. TOTAL LIABILITY SHALL NOT EXCEED $100.

22. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Leon, its directors, officers, and agents from any claims arising out of your use of the Service.

23. GOVERNING LAW

These Terms shall be governed by the laws of the State of Michigan.

24. DISPUTE RESOLUTION

You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at hello@liveleon.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation, which shall take place in the State of Michigan, and the costs of which shall be divided equally between you and Leon Footwear. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration, which shall take place in the State of Michigan.

Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above. In the event of any lawsuit for injunctive relief as provided in the previous sentence, or in the event that this arbitration provision is held to be invalid, you agree to the exclusive jurisdiction of the courts located in the State of Michigan as the sole venue to litigate such lawsuit.

We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Leon Footwear, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

YOU AND LEON FOOTWEAR EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your Account as provided in these Terms.

25. TERM AND TERMINATION

These Terms will remain in full force and effect.

26. SEVERABILITY AND WAIVER

If any term is unenforceable, all other terms remain in effect.

27. ASSIGNMENT

These Terms may be assigned by us without restriction.

28. MODIFICATIONS TO THESE TERMS

We reserve the right to change these Terms from time to time.

29. HEADINGS USED IN THESE TERMS

Headings are for reference purposes only.

30. ENTIRE AGREEMENT

These Terms constitute the entire agreement.