TERMS & CONDITIONS

 

This website is owned and operated by Leapers, Inc. (referred to as “Leapers”). These Terms of Use apply to the following websites owned and operated by Leapers (collectively referred to as “Sites”; individually referred to as “Site”):

www.leapers.com

www.ixoptics.com

You should carefully read these Terms of Use. Your access to and use of the Sites are governed by these Terms of Use, which are a legally binding contract between you and Leapers. In addition, when using a particular service and/or accessing certain materials on or through the Sites, you will be subject to any posted terms, conditions and rules applicable to the service and/or materials, which are incorporated into these Terms of Use and govern any conflict or inconsistency with these Terms of Use. Your customer relationship with Leapers is also governed by Leapers' Privacy Policy posted on this Site.

AMENDMENTS TO TERMS OF USE

Leapers reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other terms, conditions and rules relating to our Sites, at any time in its sole discretion. Leapers shall notify you of such changes by posting the changes on this Site. You are responsible for regularly reviewing the Site and these Terms of Use regarding such changes. Continued use of the Site after any such changes have been posted shall constitute your agreement to them.

THIRD PARTY SERVICE PROVIDERS

Leapers may use third party service providers to help develop and maintain the Sites to provide specific services offered through the Sites. You agree that the terms and conditions set forth in these Terms of Use, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third party service providers engaged by Leapers. All references to Leapers are deemed to include its agents and service providers. All agents and service providers of Leapers will be authorized to use your personal information only for the purpose for which they are hired.

SITE MATERIALS, SERVICES AND SOFTWARE

Through the Sites, Leapers may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Sites (collectively "Materials"); and (b) various services and functionality (collectively, "Services").

Leapers and its licensors grant to you a personal, non-exclusive, non-transferable license to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Sites (collectively, "Software") solely for your own informational use. In these Terms of Use, all references to the "Sites" shall be deemed to include all "Software," "Materials" and "Services," unless otherwise expressly indicated. All rights not expressly granted by Leapers to you are retained by Leapers, and you may not use the Sites and/or any element of the Sites in any manner or for any purpose not expressly authorized by these Terms of Use. The rights granted to you do not include, and are not applicable to, the design or layout of the Sites, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

The Sites’ design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Sites are subject to the trademark rights of Leapers, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Sites; (b) modify, enhance, adapt, translate, or create derivative works of the Sites; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Sites; (d) decompile, disassemble or reverse engineer the Sites; (e) reproduce or make copies of the Sites; (f) "frame" or "mirror" the Sites on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Sites for any commercial or other money-making purpose; (h) use any data mining, robots, or similar data gathering and extraction tools; or (i) use any meta tags or any other "hidden text" utilizing Leapers' name or trademarks without our express written consent. You acknowledge that certain elements of the Sites are, or may in the future be, licensed to Leapers by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Leapers.

Leapers and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to our Sites, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Sites, or any element thereof.

ACCOUNT INFORMATION

You are solely responsible for the security of online access to our Sites and your Account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your "Account"). You should not share your password or login information with any other person or entity. Contact Leapers immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your Account at the end of each session. You are and will be responsible for all activities conducted on and with the Sites that make use of your Account information, and for any charges or fees incurred by the use of that Account information, including any use you may subsequently contend was not authorized by you. Leapers may justifiably assume that any communication or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.

PRODUCT INFORMATION AND PRICING

All prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If Leapers discovers an error in either pricing or availability it will seek to correct it. Leapers reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

ORDERS

By ordering an item on our Sites, you are agreeing to purchase the products selected and remit payment to Leapers according to Leapers’ payment term.

ORDER CHANGES AND CANCELLATIONS

If you need to change or cancel a purchase you have placed on our Sites, you must contact us before you receive the product. If you do not contact us within this time frame then Leapers may not be able to comply with your change or cancellation request.

ORDERING ATF REGULATED PRODUCTS

Leapers does not sell ATF regulated products directly to the end-user. Dealers must send your FFL to ffl@leapers.com for Leapers to keep on file before any order of ATF regulated products is processed. Depending on the products, additional documentation may be required. All ATF regulated products shall be shipped to the premise address listed on the dealer’s FFL. All sales of such products are final.

CUSTOMER LOCAL RESTRICTIONS

Products for sale on our Sites, including ATF regulated products, may be restricted in the state, city, county, etc. in which you reside. Prior to ordering, it is the buyer’s responsibility to verify the legality of any item you wish to order with your local law enforcement with respect to state or local restrictions. Leapers is not responsible for orders placed for illegal items in your area and all returns due to this will be subject to a 20% restocking fee. No returns, exchanges, or warranty services are processed without first obtaining approval from Leapers.

PRIVACY

We have a policy that addresses this issue. Your use of our Sites is subject to it. Please read our website Privacy Policy so that you understand the parameters of privacy when using our Sites. We reserve the right to monitor some, all, or none of the areas of our Sites for adherence to these Terms of Use.

THIRD PARTY INFORMATION

Please be aware that when you are on our Sites, you could be directed to other sites that are beyond Leapers' control. Leapers is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. Leapers reserves the right to terminate any link or linking program at any time. Leapers provides such links only as a convenience to you. Leapers has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to our Sites and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

Leapers may provide you information from third parties as part of the Sites. Unless expressly stated, Leapers does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that Leapers is not responsible for third party information accessible through our Sites, including opinions, advice, statements, recipes or other health and wellness information and advertisements, and that you use such information at your own risk.

TERRITORY

Leapers operates our Sites from its office within the United States. Leapers makes no representation that content and materials on the Sites are legal or appropriate for use from outside the United States. Please keep in mind that our Sites may not conform with the laws of your country. If you access our Sites from outside the United States, you do so at your own risk. You may not use the Sites in violation of United States export laws and regulations.

DISCLAIMER OF WARRANTIES

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE SITE.

Leapers may terminate your access to this Site at any time and for any reason without prior notification. Additionally, Leapers may modify this Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue this Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to this Site under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to such files and this Site. You agree that we will not be liable to you or any third-party for any termination of your access to this Site. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

LIMITATION OF LIABILITY

REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL Leapers, ITS LICENSORS AND/OR ITS SERVICE PROVIDERS BE LIABLE OR RESPONSIBLE TO YOU IN ASSOCIATION WITH THE Sites, OR YOUR USE THEREOF, FOR ANY: (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; (B) LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY OR BUSINESS INTERRUPTIONS; OR (C) DIRECT DAMAGES IN EXCESS OF $50. ANY CLAIM RELATED TO THE Sites MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.

Leapers SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY OR FAILURE IN THE Sites, OR ANY COMPONENT THEREOF, OR YOUR ABILITY TO ACCESS OR USE THE Sites, RESULTING FROM CAUSES OUTSIDE OF Leapers' CONTROL, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, ACCIDENTS, STRIKES, FIRES, WAR OR ACTS OF GOD.

Nothing in Terms of Use is meant to exclude, restrict or modify any liability of leapers under any law under any jurisdiction in which the Sites is accessed, which law prohibits, restricts or modifies any portion of the limitation of liability or disclaimer of warranties set forth herein.

TERMINATION

IF YOU DO NOT UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU SHOULD DISCONTINUE YOUR USE OF THE Sites.

Leapers may terminate your access to our Sites at any time and for any reason without prior notification. Additionally, Leapers may modify the Sites at any time, and continuing to use the Sites constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue the Sites or any portion of it, restrict the time the Sites is available, or restrict the amount of use permitted. You agree that we may terminate or restrict your access to our Sites under these Terms of Use or under any other applicable policy without prior notice. We reserve the right to bar any further access to such files and the Sites. You agree that we will not be liable to you or any third-party for any termination of your access to the Sites. Provisions that survive termination of these Terms of Use are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

APPLICABLE LAW, SEVERABILITY AND WAIVER

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and Leapers' rights in the Sites, these Terms of Use will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and Leapers related, in any way, to the Sites and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the State and Federal courts located in Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms of Use shall remain in full force and effect. The failure of Leapers to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Leapers in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party's right or remedy will effect the other provisions of these Terms of Use.

INDEMNITY

You agree to indemnify and hold Leapers, and its parents, subsidiaries, affiliates, officers, agents, co-branders, partners, licensors, and employees, harmless from any alleged claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Sites, your connection to the Sites, your violation of these Terms of Use or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms of Use, whether you are a registered user or not. You are solely responsible for your actions when using the Sites, including, but not limited to, costs incurred for Internet access.

COMPLAINTS AND VIOLATIONS

If you have any complaints or wish to report any violation of these Terms of Use, please contact us at office@leapers.com.


Effective Date: 10/31/2023