Terms and Conditions

LEAVENWORTH COUGHY INC WEBSITE TERMS AND CONDITIONS

The following terms and conditions shall apply to the individual and/or individuals acting on behalf of any qualified entity (referred to herein as “You,” “Your,” and/or the “Customer”) for all orders placed and through this website, email, service team member, live telephone call, or other electronic means, and for the purchase of all products provided (the “Products”). This website, as well as any other mobile or electronic application related or connected thereto (collectively, the “Site") is owned and operated by Leavenworth Coughy Inc and its affiliated entities (the “Company" or “we"). These terms and conditions shall apply unless the Customer and Company have signed a separate agreement covering the purchase of the Products, in which case the separate agreement will govern. The Site contains original content, text, images, designs, audiovisual materials, software, information, data, advertising, brands, and logos that incorporate intellectual property in which we own exclusive rights or have the right to use (collectively, the “Content"). Your use of the Site and the Content, as well as any products (“Products”) or services supplied by us or on our behalf, including our reward programs or other related electronic services provided through the Site (collectively, “Services”) is subject to these terms and conditions (the “Terms of Use"), which form a binding and enforceable agreement between you and us (the “Agreement"). These Terms of Use are intended to protect our rights so that we can provide you access to the Content on this Site. By remaining on the Site or returning to it, you agree to be bound by these Terms of Use.

AGE VERIFICATION

Our Products are intended for adult use only. To visit, participate in any viewing and/or place an order on our Site, you must be at least 21 years of age. Individuals under the age of 21 are prohibited from creating a rewards account, accessing the Site or Services, and/or ordering Products.

DISCLAIMERS

Products for sale contain a D-9 tetrahydrocannabinol concentration that does not exceed 0.03% on a dry weight basis. Concentration levels of other delta tetrahydrorcannabinols, tetrahydrocannabinol acid, or other cannabinoids may vary. Products adhere to standards outlined in the 2018 Farm Bill and corresponding Nebraska Hemp Farming Act. By using the Site, you acknowledge that the information contained in these Terms of Use, the information provided on this Site, within any of the Company’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, was developed for informational and educational purposes only. In no way is any of the information contained in these Terms of Use or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. These statements have not been evaluated by the Food and Drug Administration. Products available are not intended to diagnose, treat, cure, or prevent any disease and you should consult a physician prior to use. There may be health risks associated with any use. The Company’s Products are not intended for ingestion.

NO GUARANTY

We reserve the right to limit the quantities of any Products or Services that we offer. 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 OR SERVICES PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATION, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

NO WARRANTY

Company warrants that it is the legal and rightful owner of the Products or that it is legally licensed and/or authorized to sell and/or distribute Products being purchased hereunder. All Products delivered hereunder will be free and clear of any and all encumbrances of any kind.

Customers acknowledge that Company is not the manufacturer of any of the Products purchased hereunder. Any warranty with respect to the Products must come from the manufacturer, vendor, or producer.

THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, RECEIPTS, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. COMPANY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary, in no event will Company be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.

PRIVACY

This site may contain links to other sites on the Internet that are owned and operated by third-parties. You acknowledge that Company is not responsible for the operation of or content located on or through any such site. Other sites accessible through the Company site may have their own privacy policies and data collection practices. Please consult each site’s privacy policy. Company is not responsible for the actions of third-parties. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

COPYRIGHT AND TRADEMARK NOTICE

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Leavenworth Coughy Inc, Copyright © 2023, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

JURISDICTION

These terms shall be governed by and construed in accordance with the laws of the State of Nebraska. Customer agrees that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to Product purchases must be in the state or federal courts located in Omaha, Nebraska, and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Douglas County, Nebraska, for any such legal proceeding and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim you may have with respect to any Product purchases must be commenced within one year after such claim or cause of action arose, or, if multiple causes, from the date the first such cause of action.

BREACH OF TERMS AND CONDITIONS

Without prejudice to Leavenworth Coughy Inc’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Leavenworth Coughy Inc may take such action as it deems appropriate to deal with the breach, including