Terms and Conditions - Beleaf Medical

BeLeaf Medical LLC and its affiliates Terms of Use agreement. For purposes of this agreement, "Site" refers to the Company's website, which can be accessed here. "Service" refers to the Company's services accessed via the Site, in which users can browse our information and services, view educational material, view products, make appointments and place product orders for pick up. The terms "we," "us," and "our" refer to the Company. "You" refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at https://www.beleafmedical.com.

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.

Privacy Policy

The Company respects the privacy of its Service users. Please refer to the Company's Privacy Policy found here: (Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

Stäsh Marketing — BeLeaf Medical LLC

Stäsh by Swade operates as a brand and business division under BeLeaf Medical LLC. By engaging with the Services, you acknowledge that operations, communications, customer records, marketing systems, and business activities may be managed across affiliated entities, brands, subsidiaries, and internal business operations owned or operated by BeLeaf Medical LLC.

Affiliate & Internal Business Use

Because Stäsh by Swade operates under BeLeaf Medical LLC, customer information may be transferred between, shared among, or utilized across affiliated brands, divisions, subsidiaries, internal business operations, and related services operated by BeLeaf Medical LLC for marketing, customer engagement, analytics, operational, and business purposes, to the extent permitted by applicable law.

About the Service

The Service allows you to browse our information and services, view educational material, view products, make appointments and place product orders for pick up.

Registration; Rules for User Conduct and Use of the Service

You need to be at least 21 years of age or older.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

Use Restrictions

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions. You agree that you will not under any circumstances:

Access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service
Collect or harvest any personal data of any user of the Site or the Service
Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise
Distribute any part or parts of the Site or the Service without our explicit written permission
Use the Service for any unlawful purpose or for the promotion of illegal activities
Attempt to, or harass, abuse or harm another person or group
Use another user's account without permission
Intentionally allow another user to access your account
Provide false or inaccurate information when registering an account
Interfere or attempt to interfere with the proper functioning of the Service
Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data
Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service
Publish or link to malicious content of any sort, including that intended to damage or disrupt another user's browser or computer

Posting and Conduct Restrictions

When you create your own personalized account, you may be able to provide age and contact information ("User Content") to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.

You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as follows:

You are solely responsible for your account and the activity that occurs while signed in to or while using your account
You will not post information that is malicious, libelous, false or inaccurate
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive
You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the "License Grant" and "Intellectual Property" provisions below
You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content
You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service.

If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at help@beleafmedical.com.

Links to Other Sites and/or Materials

As part of the Service, we may provide you with convenient links to third party websites ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content and we are not responsible for any Third Party Sites accessed through the Site.

Copyright Complaints and Copyright Agent

(A) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers.

(B) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to our designated copyright agent:

The date of your notification
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
A description of the copyrighted work claimed to have been infringed
A description of the material that is claimed to be infringing and information sufficient to enable us to locate such work
Information reasonably sufficient to permit the service provider to contact you
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

(C) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, you may send a counter-notice containing the following information to our copyright agent:

Your physical or electronic signature
A description of the content that has been removed and the location at which the content appeared before it was removed
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content
Your name, address, telephone number, and email address

License Grant

By posting any User Content via the Service, you expressly grant to BeLeaf Medical LLC a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. We reserve all rights that are not expressly granted to you under these Terms of Use.

Email May Not Be Used to Provide Notice

Communications made through the Service's email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

User Consent to Receive Communications in Electronic Form

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings or using the "Unsubscribe" link in the message.

BeLeaf Medical LLC 6166 Delmar Blvd, St. Louis, MO 63112, USA

Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

Modification of Terms of Use

BeLeaf Medical LLC can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use.

General Terms

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Missouri, without regard to conflict of law provisions.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT HTTPS://WWW.BELEAFMEDICAL.COM/PRIVACY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.