THIS THIRD-PARTY APPS POLICY WAS LAST REVISED ON 08/2023

THIRD-PARTY APPS POLICY

Subscription Policy

2024 Subscription Terms and Conditions Updated 05/2024

Lea Black Beauty® Subscription Terms and Conditions

These Subscription Terms and Conditions ("Terms") govern your subscription with Lea Black Beauty®, Lea Black Enterprises, LLC. By subscribing to Lea Black Beauty® products, you agree to be bound by these Terms.

Subscription Agreement: By subscribing to an Lea Black Beauty® product, you agree to receive that product on a recurring basis according to the frequency you select until your subscription is paused or cancelled. You can pause, cancel, reschedule, swap products and add new items to your subscription at any time through your Lea Black Beauty® account or by emailing hello@leablack.com.

Renewal Notification: Subscription customers will receive an email notification five days prior to the scheduled renewal of their subscription. If you have previously opted out of our emails you will not receive these important emails as well as rewards notifications or account activation renewal links and will need to resubscribe for these vital communications around the program services.

Cancellation and Modification: Subscription customers have the flexibility to cancel, modify, or change their subscription at any time from their active customer profile. However, if an order has already been assigned a tracking number, it may be too late to make changes. Please email hello@ leablack.com if your order has been processed and you need to make a change

Free Shipping: All subscription orders over $65 subtotal after discounts and promotions, ship for free within the continental United States. Subscriptions that subtotal under $65 will receive a $12 flat rate shipping and handling fee. Multiple products should be added to the same subscription ID for the same delivery schedules. Do not add these items as a “New” subscription from product page. Instead add the product to the correct subscription ID in your customer profile subscriptions hub to avoid unwanted shipping charges. Subscriptions on different subscription ID’s will be shipped as a separate subscription and are subject to the shipping fee if it does not meet the free shipping threshold after discounts and before taxes.

Add-On Items: Customers have the option to include one-time items in their subscription order to save on shipping costs. To add a one-time item, log into your Lea Black Beauty® account, select Subscriptions, choose and open the correct Subscription ID , choose "Add product," and choose the desired product in the search bar. We are also here to help you during business hours at hello@leablack.com.

Pause Subscription: If you find yourself with an excess of product, you can pause or reschedule your subscription at any time through your Lea Black Beauty® account.

Right to Cancel: Lea Black Beauty® reserves the right to cancel your subscription at any time.

Discount Policy: Subscription discounts cannot be combined with other sales, promotions or offers unless specifically mentioned in the terms of those promotions.

Pricing Updates: Lea Black Beauty® reserves the right to update pricing at our discretion. We will notify you of any price increases or changes prior to your next subscription renewal by email. Please see current subscription pricing on each product page. Pricing is based on the auto-renewal schedule and is different based on the product and length of the subscription.

By subscribing to Lea Black Beauty® products, you acknowledge that you have read, understood, and agree to these Terms and Conditions Lea Black Beauty® reserves the right to modify these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for any changes and accept any changes made by using the service. If you have any questions or concerns please email hello@leablack.com

Terms and Conditions for Testimonials and User-Generated Content

Welcome to leablack.com, the official website of Lea Black Beauty® brand. These terms and conditions ("Terms") govern the use of testimonials or user-generated content (UGC) that may come from customer emails, social media, digital platforms, public comments, public statements, posts, direct messages, and the hashtag #leablackbeauty or @leablackmiami about the Lea Black Beauty® brand. By submitting or using testimonials or UGC related to Lea Black Beauty®, you agree to be bound by these Terms.

1. License Grant

1.1. By submitting testimonials or UGC related to Lea Black Beauty®, you grant Lea Black Beauty® and its affiliates a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and transferable license to use, reproduce, distribute, display, and modify the testimonials or UGC in any manner and media for marketing, advertising, promotional, and other commercial purposes, without further compensation to you.

2. Content Guidelines

2.1. By submitting testimonials or UGC, you agree that the content will be original and not infringe on any third-party rights, including copyright, trademark, privacy, or other intellectual property rights.

2.2. Testimonials or UGC must not contain any offensive, defamatory, misleading, harmful, or illegal content. Lea Black Beauty® reserves the right to reject or remove any content that violates these guidelines.

3. Ownership

3.1. You acknowledge that Lea Black Beauty® is the sole and exclusive owner of all rights, title, and interest in and to the Lea Black Beauty® brand, including any derivative works, and all associated intellectual property rights.

3.2. Your submission of testimonials or UGC does not grant you any ownership rights or license in the Lea Black Beauty® brand or its intellectual property.

4. Consent and Release

4.1. By submitting testimonials or UGC, you represent and warrant that you have obtained all necessary consents and permissions from any individuals appearing in the content to grant Lea Black Beauty® the rights described in these Terms.

4.2. You agree to release Lea Black Beauty® from any claims or liabilities arising from the use of the testimonials or UGC in accordance with these Terms.

5. Indemnification

5.1. You agree to indemnify and hold harmless Lea Black Beauty® and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of these Terms or the use of the testimonials or UGC submitted by you.

6. Modification and Termination

6.1. Lea Black Beauty® reserves the right to modify, suspend, or terminate these Terms at any time without notice.

6.2. Lea Black Beauty® may, in its sole discretion, remove or refuse to use any testimonials or UGC that do not comply with these Terms.

7. Governing Law and Jurisdiction


7.1. These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

7.2. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in Miami, Florida.

By submitting testimonials or UGC related to Lea Black Beauty®, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please refrain from submitting any testimonials or UGC.

Lea Black Beauty® Loyalty and Rewards Program Terms and Conditions

Lea Black Beauty® Rewards Terms & Conditions (Updated 05/2024)

1. Membership & Eligibility

The Lea Black Beauty® Rewards Program (“Program”) is a free rewards program offered Lea Black Enterprises, LLC (“Company”) to its customers located in the United States. Membership in the Program ("Membership") is limited to individuals only and is limited to one account per individual (“Member[s]” or “You[r]”). To be eligible for Membership, individuals must be 13 years of age or older and legal residents of the United States. If you are a minor, you must seek consent from your parent or legal guardian before participating.

Your participation in the Program shall be void where prohibited by law. State and/or Federal taxes may apply where required by applicable law. The Company neither assumes, nor shall it have, any liability for any Member’s participation that contravenes the laws or regulations of Member’s state. Benefits, Rewards, and points (as defined and described in Section 3 and 5) may only be obtained, used, or redeemed through LEABLACK.com or Company’s customer service center.

BY APPLYING, REGISTERING, ENROLLING FOR MEMBERSHIP AND/OR PARTICIPATING IN THE PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (AS THE SAME MAY BE AMENDED, MODIFIED OR REPLACED FROM TIME TO TIME, THESE “TERMS”). NO PURCHASE IS NECESSARY TO BECOME A MEMBER. THE COMPANY MAY, IN ITS SOLE DISCRETION AND WITH OR WITHOUT NOTICE, CHANGE OR CANCEL THE PROGRAM OR AMEND, MODIFY OR REPLACE THESE TERMS. PLEASE READ THESE TERMS CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM. YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO THE PROGRAM RULES AND TERM THEN IN EFFECT.

2. Joining Lea Black Beauty® Rewards; Existing Lea Black Beauty® Rewards Members & Opting Out

To join the Program, U.S. customers must register for a Membership account on LEABLACK.COM. You will be required to agree to these Terms to participate in the Program. U.S. customers with existing Membership accounts as of October 7, 2023, must also agree to these Terms to continue to participate in the Program and automatically earn points towards the Program from Qualified Purchases (as defined in Section 4) starting October 7, 2023. You may opt out of the Program at any time by contacting customer service at hello@leablack.com. If You elect to opt out or cancel Your Membership account, You (a) will automatically forfeit and will not be able to redeem any unused points from prior purchases, (b) will not be able to earn points for any subsequent purchases or actions, and (c) any previously earned Benefits, Rewards, or points will be forfeited and You not be able to retrieve or restore (nor will You be entitled to receive or use) any previously earned Benefits, Rewards, or points if You elect to opt in at a later time.

3. Attaining & Maintaining Tier Status

There are three Member tiers in the Program: -- Silver, Gold, and Diamond. As further described below, each tier is based on the Member’s annual spend on qualified purchases. Achieving Gold, Silver or Diamond status requires the Member reaching the minimum spend per Annual Period (as defined below) applicable for that tier. The applicable minimum spend per Annual Period for Members to be in the Silver, Gold, and Diamond tiers, respectively, are described in this Section 3 below (each, a “Annual Minimum Spend”). All tiers have a variety of types and quantities of benefits which the Company, in its sole discretion, makes available from time to time (“Benefits”). Benefits may vary by tier and certain elevated tiers may have more Benefits than other tiers. The type, timing, and availability of Benefits will be determined by the Company in its sole discretion. Once You achieve an elevated tier status, You will remain in that tier for twelve (12) months calculated from the date You achieve the applicable Annual Minimum Spend for that tier (the “Annual Period”), unless Your annual spend qualifies You for another elevated tier during that same Annual Period, in which case the twelve (12) month Annual Period will then be calculated from the date You achieve the applicable Annual Minimum Spend for that other elevated tier. To maintain Your status in a Silver, Gold, or Diamond tier, You must meet the Annual Minimum Spend for that tier in that Annual Period and each successive twelve (12) month Annual Period thereafter starting on the anniversary of the date You achieved the applicable Annual Minimum for that tier and for each Annual Period thereafter. If, at the end of an Annual Period, You have not met the Annual Minimum Spend required for that tier, Your tier will be changed to the tier with the Annual Minium Spend applicable to Your annual spend during that Annual Period.

Silver

All Members automatically start in the Silver tier upon enrollment. Subject to removal from the Program (as defined in Section 10), a Member will remain in the Silver tier unless and until the Member meets the Annual Minimum Spend and other requirements for either the Gold, or Diamond status tiers.

Gold

The Silver tier has an Annual Minimum Spend of $1500. Status in the Gold tier is awarded to Members that have an annual spend on qualified purchases of at least $1500 per Annual Period. Once achieved, status in the Gold tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Gold tier (or Platinum tier) for each Annual Period thereafter or the Member will revert to the Silver tier.

Diamond

The Diamond tier has an Annual Minimum Spend of $3,000. Status in the Diamond tier is awarded to Members that have an annual spend on qualified purchases of at least $3,000 per Annual Period. Once achieved, status in the Diamond tier is valid for that Annual Period and the Member must meet the Annual Minimum Spend for the Diamond tier for each Annual Period thereafter or the Member will revert to the (Silver or Gold) tier, depending on the Member’s annual spend for the Annual Period.

4. Earning Points & Rewards

All Members will receive 1 point for every U.S. dollar spent on qualified purchases on LEABLAC.COM and through the Company’s customer service center (“Qualified Purchase[s]”). All Members will receive bonus points for completing actions within the “Ways to Earn Points” section as set forth in the “My Account” Dashboard and Program page. The Company may offer bonus points events from time to time in which the bonus points offer would apply.

To make a Qualified Purchase, you must be logged into Your Membership account or provide Your Membership registered email address. Points are calculated based on the net amount of a Qualified Purchase rounded up to the nearest dollar. The net amount is the amount paid after discounts, taxes, shipping, and any amounts redeemed in Rewards (as defined in Section 5) have been deducted. Points will be awarded to Your Membership account when the order is fulfilled, usually within twenty-four (24) business hours after a Qualified Purchase is placed.

Points cannot be awarded for prior purchases; for the purchase of Lea Black Beauty® Gift Cards; for dollars spent on tax or shipping; for purchases made at special events. Other restrictions may apply.

If a purchase is cancelled or a product is returned by the customer, any points awarded for the purchase of such product will be cancelled. Points will be credited for cancellations of purchases by the Company.

5. Redeeming Points & Rewards

From time to time, the Company, in its sole discretion, may make rewards available that a Member may redeem using points (“Reward[s]”). Points may only be redeemed for Rewards on LEABLACK.COM and through the Company’s customer service center. You are eligible to redeem points for a Reward if You have enough points in Your Membership account for that specific Reward.

For example, a Member may redeem 500 points for a $50 Reward and 1,000 points may be redeemed for a $100 Reward. The net purchase amount (after all other discounts have been applied) to which the Reward will be applied must be greater than or equal to the $50 Reward or $100 Reward, as applicable, that the Member is applying to the purchase. There is a minimum spend of $40 per order for rewards to be applied. Rewards per purchase and points will be deducted once the purchase has been completed.

To redeem a Reward, You must be logged into Your Membership account to apply at checkout. You may also redeem a Reward during the checkout process through the Company’s customer service center. You are not required to redeem a Reward at checkout. The Company reserves the right to change the number of points required to redeem Reward amounts at any time, without notice to you. 

Rewards cannot be applied to prior purchases; to the purchase of Lea Black Beauty® Gift Cards; to dollars spent on tax or shipping; nor to purchases made in other locations that may sell Lea Black Beauty®. Other restrictions may apply.

If a purchase is cancelled or a product is returned, any points redeemed for the purchase, or the purchase of such product will not be re-credited. It is possible for Your Membership account to have a negative balance if You do not have enough points due to cancellation or return.

All Benefits, Rewards, and points earned through the Program have no cash value, cannot be exchanged nor refunded for cash or credit, and may not be altered, bartered, transferred, nor sold. You have no ownership interest in the foregoing, and any use of “earn” or like language, does not constitute property or entitle You to any other rights except as expressly provided herein.

6. Expiration of Points & Rewards

All points will expire when a Member has not engaged in point activity associated with that Membership account (through purchase or redemption) for twelve (12) months or more. The Company will not provide prior notice to you that your points are about to expire. 

7. Referral Program

Members will receive a $20 reward in points for referring friends to (a) create a new Membership account and (b) place their first Qualified Purchase of $40 as a Member of the Program (“Referral Program”).

To participate, use Your unique referral link within the “Refer A Friend” section as set forth in the “My Account” Dashboard and Program page. You must send an invitation to eligible friends to shop on Lea Black Beauty® via direct link, email, or Facebook (“Referrer”). An eligible friend is one who (a) has agreed and is subject to the Terms and (b) has never previously purchased Lea Black Beauty® (“Referred Customer”). Each Referred Customer will receive a coupon to be used on their first Qualified Purchase of $40 or greater on LEABLACK.COM. There is a limit of one (1) coupon per Referred Customer.

The Referred Customer must click on the Member’s unique referral link, continue to register for a Membership account on LEABLACK.COM, and then make a Qualified Purchase of $40 or greater, all within the same browser session (“Qualified Referral”). If a Qualified Referral is made, the Referrer will receive 200 points in their Membership account within two (2) business days (“Referral Reward”).

The Referrer’s unique referral link may not be shared, sold, or used in any way except by the Referrer alone to obtain Qualified Referrals; referral links shared with or obtained through other sources will not be eligible to receive a Referral Reward. Referrers are limited to one (1) Qualified Referral for each Referred Customer; additional purchases made by a Referred Customer will not be deemed to be additional Qualified Referrals. The Referral Reward is determined and issued by the Company in its sole discretion.

If a purchase is cancelled, any points awarded for the purchase will be cancelled for the Referrer and the Referred Customer. Points will still be credited for cancellations of purchases by the Company.

As a Referrer, You agree to comply with all applicable laws, including, but not limited to, the CAN- SPAM Act. Any distribution of Your unique referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of Your Membership and exclusion from the Referral Program.

Your participation in the Referral Program requires You to submit personal information about yourself and Your friends, such as name and email address. By submitting any personal information about yourself and Your friends, you agree to our Privacy Policy and represent that you have all necessary consents to provide Your friends personal information. You agree to receive communications from the Company relating to Your participation and to allow the Company to communicate with Your friends about Your participation (e.g., by disclosing to Your friends that an invitation was sent by You). You or Your friends may opt-out of receiving communications by following the instructions in the communication.

8. Membership Account

Detailed descriptions of the Benefits and Rewards provided by Membership can be found on the Program page at https://www.leablack.com/pages/rewards. You may view Your Membership account activity by logging into the “My Account” Dashboard at https://www.leablack.com/account.

9. Agreeing to Company’s Privacy Policy and Terms of Use

The Company values Your privacy. The personal information collected from each Member, including purchase history and credit card information will only be used and disclosed by the Company for the purpose of the administration of the Program, internal analysis for marketing purposes, and as otherwise permitted by the Company’s Privacy Policy. BY APPLYING FOR MEMBERSHIP IN THE PROGRAM AND/OR REFERRAL PROGRAM, YOU AGREE (OR, IF YOU ARE A MINOR OVER THE AGE OF 13, YOUR PARENT OR LEGAL GUARDIAN AGREES) TO RECEIVE COMMUNICATIONS FROM THE COMPANY AND TO BE BOUND BY THE COMPANY’S PRIVACY POLICY AND TERMS OF USE. PLEASE SEE THE COMPANY’S PRIVACY POLICY AND TERMS OF USE AT https://www.leablack.com/pages/privacy-policy

10. Changes, Termination and/or Removal From Program

The Company specifically reserves the right to terminate, cancel, suspend and/or modify the Program, or any specific Member’s participation in the Program, if any fraud, virus, or other technical problem corrupts the administration, security, safety, or proper function of the Program, as determined by the Company in its sole discretion. In addition, the Company reserves the right to terminate, cancel, suspend and/or permanently ban any specific Member’s participation in the Program if the Company suspects that such Member is conducting fraudulent activity to acquire, accumulate or spend points including, but not limited to, by a Member creating multiple Membership accounts, false referrals, etc.

Any abuse of the Program, failure to follow any Terms of the Program, any misrepresentation, or any conduct detrimental to the interests of the Company, in each case, as determined by the Company in its sole discretion, may subject Members to Membership revocation and will affect eligibility for further participation in the Program or other programs offered by the Company. If Your Membership is revoked or otherwise cancelled, You (a) will not be able to redeem any unused points, (b) will not be able to earn points for purchases or actions, and (c) will not be able to retrieve previously earned Benefits, Rewards, or points if You elect to opt in at a later time. YOUR CONTINUED USE OF THE PROGRAM FOLLOWING SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.

It is Your responsibility to check or review these Terms from time to time to keep informed of any changes. By joining, continuing to use, participating in and/or receiving any of the benefits of the Program, You hereby agree to be bound by any such changed Terms.

11. The Program’s Content on the Website

The Company owns, controls, and/or licenses all text, graphics, interfaces, photographs, trademarks, logos, and computer code contained on the https://www.leablack.com/ (the “Website”) (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of this Content. The Content is protected by trade dress, copyright, trademark laws, and other intellectual property rights and laws.

The Website and all Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the Company’s prior written consent. However, as long as You comply with these Terms, the Company grants You a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website. This permission is conditioned on Your not modifying the Website, the Content, and Your acceptance of any terms, conditions, and notices accompanying the Content or otherwise set forth in this Website. Notwithstanding the foregoing, any materials available for downloading, access, or other use from this Website with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

If You post to Your personal social media including, without limitation, Facebook, X (formerly Twitter), Pinterest, Instagram, or YouTube, and You tag or hashtag @leablackmiami and/or #leablackbeauty, You grant the Company the irrevocable, unrestricted right to repost Your post on Website, Marketing or Company social media.

Your failure to comply with the Website’s terms, conditions, and notices will result in automatic termination of any rights granted to You, without prior notice. Except for the limited permission in the preceding paragraph, the Company does not grant You any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

12. Disclaimers and Limitation of Liability

THE COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE OR THE ADMINSTRATION OF THE PROGRAM OR THE REFERRAL PROGRAM WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT, THE PROGRAM, AND THE REFERRAL PROGRAM ARE DELIVERED ON AN “AS-IS,” “WHERE-IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE WEBSITE, INCLUDING AS TO PRICING, FEATURES, AND AVAILABILITY OF PRODUCTS AND SERVICES, IS SUBJECT TO CHANGE WITHOUT NOTICE. ACCORDINGLY, YOU SHOULD CONFIRM THE ACCURACY AND COMPLETENESS OF ALL POSTED INFORMATION BEFORE MAKING ANY DECISION RELATED TO ANY SERVICES, PRODUCTS, OR OTHER MATTERS DESCRIBED IN THIS WEBSITE.

THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY CANNOT ENSURE THAT ANY INFORMATION YOU TRANSMIT TO THE WEBSITE WILL BE SECURE IN ITS TRANSMISSION AND/OR STORAGE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR COMPANY SERVICES.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR ANY CONTENT, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED US $100.00. PLEASE BE ADVISED THAT SOME JURISDICTIONS RESTRICT LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION. THIS PROVISION DOES NOT APPLY TO RESIDENTS OF STATES WHERE A LIMITATION IS NOT PERMITTED.

The above disclaimers and limitation of liability apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, security breach, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action, and shall apply to the fullest extent permitted by the law of the applicable jurisdiction.

13. Indemnity

You agree to indemnify and hold the Company, its affiliates, and each of their respective existing and future officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and assignees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with Your use of the Website, the Referral Program, or the Program.

14. Dispute Resolution

You agree that all matters relating to Your access to or use of the Website, your participation in the Program and/or the Referral Program, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws’ provisions. You agree to the personal jurisdiction and venue in the state and federal courts in New York, New York, and waive any objection to such jurisdiction or venue.

Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to court costs and attorneys’ fees.

15. Miscellaneous

If a court or other tribunal of competent jurisdiction holds any of the provisions of these Terms to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.

These Terms constitute the entire agreement between You and the Company with regard to Your use of the Website, and your participation in the Program and/or the Referral Program, and any and all other written or oral agreements or understandings previously existing between You and the Company with respect to such use are hereby superseded and cancelled.

The Company’s failure to insist on or enforce strict performance of these Terms shall not be construed as the Company’s waiver of any provision or any right it has to enforce these Terms, nor shall the Company’s waiver of any provision on one occasion be deemed a waiver of such provision on any previous or subsequent occasion. Any course of conduct between the Company and You or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. The Company customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.

16. Additional Information on the Program

If You have any questions regarding the Program, You may email customer service at hello@leablack.com.