LESKA® Terms of Use

  • INTRODUCTION. Welcome to www.pregnancyleska.com (the “LESKA® Site”). This site is owned by Monroe Chemical Company de México, S.A. de C.V. (“Monroe,” “we” or “us”). The LESKA Site showcases various LESKA® products (each, a “LESKA® Product”) that you can buy or receive as gifts or prizes on or through other sites (each, a “Third-Party Site”). 
  • GENERAL. These terms of use (these “Terms of Use”) contain the complete terms and conditions that apply to your use of the LESKA Site, and your use, in any way, of any LESKA Product or information that you access, read, or buy on the LESKA Site or that you buy or otherwise receive through or on any Third-Party Site. These Terms of Use are a legally binding agreement between you and LESKA and they supersede any other information that may be provided to you verbally. These Terms of Use will remain in full force and effect for as long as you use any LESKA Product, and they will govern any interaction between you and the LESKA Site and any transactions that you engage in or that you may have engaged in on the LESKA Site or any LESKA Product that you buy or receive for free anywhere.
  • LESKA PRODUCTS AS PRIZES. If you enter a contest or participate in any offer on or through a Third-Party Site and as a result, you receive a LESKA Product from a Third-Party Site, your receipt of such LESKA Product is subject to the specific terms/rules of such Third-Party Site contest or offer. We have no involvement in or responsibility for any such contest or offer, even if, while entering in such contest or participating in such offer, you are directed to the LESKA Site, and even if we contact you for promotional purposes after you have received such LESKA Product through such contest or offer. 
  • PRIVACY. For our Privacy Notice, click here.
  • COMMUNICATION. Make sure you can get our emails. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide to us. We recommend that you add hello@pregnancyleska.com to your email address book to help ensure that you receive email notifications from us.
  • OWNERSHIP OF INTELLECTUAL PROPERTY. LESKA® is a registered trademark of Monroe. We also own all trade dress rights in the appearance of any LESKA Product package, and all other trademarks and service marks that are used on the LESKA Site or on any LESKA Product (all together, for purposes of these Terms of Use, “LESKA Trademarks”). We own all other content used on the LESKA Site (“LESKA Site Content”). You may not use any LESKA Trademark or any LESKA Site Content for any purpose.
  • TERMINATION OF ACCESS TO SITE. We may block your access to the LESKA Site in our sole discretion. 
  • REPRESENTATIONS AND WARRANTIES. You represent and warrant that you have the right, authority, and legal capacity to enter into these Terms of Use.
  • DISCLAIMER OF WARRANTIES
  • NO LESKA PRODUCT AND NO INFORMATION ABOUT LESKA PRODUCTS ON THE LESKA SITE OR ANY THIRD-PARTY SITE HAS BEEN REVIEWED, EVALUATED OR ASSESSED BY THE FOOD AND DRUG ADMINISTRATION (“FDA”). WE EXPRESSLY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED, THAT ANY LESKA PRODUCT WILL PREVENT, CURE, TREAT, OR MITIGATE THE CONDITION FOR WHICH YOU CHOOSE TO USE IT.
  • ANY INFORMATION PROVIDED ON THE LESKA SITE OR ON ANY THIRD-PARTY SITE IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, AND IT IS NOT TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT OF OR FOR ANY INDIVIDUAL PROBLEM. INFORMATION ON THE LESKA SITE OR ANY THIRD-PARTY SITE ALSO IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER WHO IS FAMILIAR WITH YOUR PARTICULAR MEDICAL CONDITION OR INJURY. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION. 
  • WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION PROVIDED ON THE LESKA SITE OR ANY THIRD-PARTY SITE, OR ON THE PACKAGING FOR ANY LESKA PRODUCT, INCLUDING, WITHOUT LIMITATION, THE DIRECTIONS ON ANY LESKA PRODUCT PACKAGE. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED ON THE LESKA SITE, ANY THIRD-PARTY SITE, OR ON THE PACKAGING OF ANY LESKA PRODUCT.
  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE LESKA SITE IS OR WILL BE SECURE.
  • Limitation on Disclaimers of Warranty. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  • INDEMNITY. You will indemnify us and our affiliates, partners, directors, employees, agents and representatives against, and hold us and them harmless from, any loss, liability, claim, demand, fees, and expenses, including reasonable attorney’s fees (collectively, “Claims“) made by any third party (which means anyone other than you) due to or arising out of your use of the LESKA Site or any LESKA Product, including, without limitation, any Claim whatsoever arising from your providing any third party with any LESKA Product.
  • LIMITATION OF LIABILITY
  • TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THESE TERMS OF USE, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, AND UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN.
  • WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR INDIRECT LOSSES OF ANY KIND RESULTING FROM YOUR USE OF ANY LESKA PRODUCT OR FROM YOUR USE OF THE LESKA SITE, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION WITH YOUR USE OF THE LESKA SITE.
  • OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE LESKA SITE OR ANY LESKA PRODUCT OR THESE TERMS OF USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US FOR THE LESKA PRODUCT AS TO WHICH YOU CLAIM SUCH DAMAGES OR LOSSES; OR (B) TEN UNITED STATES DOLLARS ($10).
  • Some jurisdictions do not allow such limitations of liability, so these limitations may not apply to you.
  • RETURNS AND REFUNDS. If you buy a LESKA Product on a Third-Party Site, returns and refunds will be subject to the applicable return and refund terms and conditions stated on such Third-Party Site. If such terms and conditions direct you back to us or the LESKA Site for such purposes, the following terms will apply:
  • You may return a LESKA Product that you bought through a Third-Party Site only if the LESKA Product you received is different from the one you bought or if you received a damaged or expired LESKA Product. We will not accept the return of a LESKA Product for any other reason.
  • If you wish to return a LESKA Product that you bought for one of those reasons, please contact hello@pregnancyleska.com and you will be assisted by our customer service team as soon as possible.
  • We reserve the right to conduct an investigation of the facts underlying your return request and you agree to cooperate with us regarding any clarification with the Third-Party Site where you bought the LESKA Product.
  • If we determine that you did in fact receive the wrong LESKA Product or a damaged or expired LESKA Product, we will offer you the choice of either an exchange at our expense, or a refund of the cost of the LESKA Product you bought and the corresponding shipping charges you incurred.
  • You will need to provide us with certain information, such as your shipping address and your credit-card information, to be able to carry out such return or refund.
  • GOVERNING LAW, JURISDICTION, AND TIME LIMIT ON CLAIMS. These Terms of Use will be governed by California law applicable to contracts to be performed in California, without regard to conflicts of laws. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO ANY LESKA PRODUCT OR ANY PART OF THESE TERMS OF USE, INCLUDING CLAIMS AND DISPUTES THAT AROSE BETWEEN US BEFORE THE EFFECTIVE DATE OF THESE TERMS OF USE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, AS FOLLOWS:
  • Before initiating any arbitration proceeding, you will first discuss the matter informally with us in good faith for at least 30 (thirty) days. To initiate such a discussion, please send your full name and contact information, your concern, and your proposed solution by mail to us at hello@pregnancyleska.com
  • If we are unable to mutually agree upon a resolution after the 30-day period, any claim you may have against us regarding any LESKA Product, the LESKA Site or these Terms of Use will be resolved through binding arbitration administered by JAMS (https://www.jamsadr.com/) and governed by the then-current JAMS Streamlined Arbitration Rules and Procedures.
  • You must begin any arbitration WITHIN ONE YEAR after your claim arose, otherwise, your claim will be waived.
  • You may arbitrate with us only in your individual capacity, not as a representative or member of a class (i.e., a group of people). That means that your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
  • Arbitration will be exclusively held in Los Angeles, California. Each party will be responsible for its own costs, including paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. There will be a single arbitrator. In order to select an arbitrator, each party agrees to provide a list of two available arbitrators that have experience with the subject matter. Each party may strike one of the names on the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
  • Both you and we will keep all information about the arbitration and any arbitration award CONFIDENTIAL, except as may be necessary to prepare for or conduct the arbitration on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
  • In arbitration, (i) the arbitrator will not be authorized or empowered to award indirect or consequential damages, (ii) neither you nor we will seek punitive or exemplary damages, and (iii) the arbitrator may award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by such party in connection with the arbitration (“Prevailing Party’s Costs”). If the arbitrators determine one party to be the prevailing party under circumstances where the prevailing party prevailed on some but not all of the claims and counterclaims (if any), the arbitrator may award the prevailing party an appropriate percentage of the Prevailing Party’s Costs.
  • You acknowledge that by agreeing to arbitrate, YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. In any litigation between you and us over whether to vacate or enforce an arbitration award, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute resolved by a judge.
  • You and we adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure as it exists on the date of these Terms of Use with respect to any final award in an arbitration arising out of or related to these Terms of Use.
  • Notwithstanding the statement made above with respect to applicable substantive law, any arbitration that is conducted pursuant to these Terms of Use will be governed by the Federal Arbitration Act (9 U.S.C. et seq., Secs. 1-16).
  • If you have a claim that qualifies for resolution in small claims court, you may assert that claim in small claims court in Los Angeles, California, on an individual basis only (i.e., not as part of a class action and not as a member of any class).
  • If you're not sure what all of this means, ask an attorney.
  • ADDITIONAL TERMS. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If a court of competent jurisdiction or other judicial body holds any provision of these Terms of Use invalid, such court or body should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

MOST RECENT CHANGES. These Terms of Use were first posted on July 3, 2024