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Terms & Conditions

TERMS & CONDITIONS

TERMS OF USE

Effective Date:  September 1, 2020

These Terms of Use apply to our website (the “Site”) and related services, including the sale and delivery of products offered on our Site (collectively, the "Services"). The Services are provided by Lemon Collective, LLC d/b/a Lemon Laine ("Lemon Laine" or "we," "us," "our" and similar references). By using the Services, you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use and our Privacy Policy, including Mandatory Arbitration (described below). If you do not agree with these Terms of Use and our Privacy Policy, you should not use the Services.

We may change, add or delete portions of these Terms of Use at any time on a going-forward basis at our sole discretion. It is your responsibility to check these Terms of Use for changes prior to use of the Services, and in any event your continued use of the Services following the posting of changes to these Terms of Use constitutes your acceptance of any changes. We will use reasonable efforts to notify you of any material changes by posting notice of the changes on the Site, and/or, in our sole discretion, by email or other means.

USE OF THE SERVICES

You may use the Services only in accordance with and subject to these Terms of Use and our Privacy Policy, which is incorporated herein by reference.  By using the Services, you represent that you are 18 years old or older and that all of the information, data and other materials you provide in connection with the Services are true, accurate, current and complete.  You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.  Use of the Services is void where prohibited by law.

PURCHASES

  1. Order Processing.  Orders may only be placed using the Services for personal use and not for resale. Lemon Laine reserves the right, in its sole discretion, to not process or to cancel your order or to limit quantities.  For most orders, you will be charged when you place your order.
  2. Taxes.  For Lemon Laine’s Tax Policy, which may change from time to time, please see below.
  3. Shipping and Delivery.  For Lemon Laine’s Shipping and Delivery Policy, which may change from time to time, please see below.
  4. Returnsand Product Warranty.  For Lemon Laine’s Return/Exchange Policy, which may change from time to time, please see below.
  5. Product Availability.  All offers of products as they are displayed via the Services are subject to availability.  Lemon Laine reserves the right to change the items offered via the Services at any time and without notice.  The Services may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly.  If a product is not available for shipping promptly after your place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order.   Lemon Laine shall not be liable if products are not in stock or otherwise not available.
  6. Product Descriptions.  Lemon Laine uses reasonable efforts to display the products listed for sale via the Services as accurately as possible. However, Lemon Laine does not warrant that product descriptions or other content are accurate, complete, reliable, current or error-free. If a product offered by Lemon Laine is not as described, your sole remedy is to return it in accordance with these Terms of Use.
  7. Listed Price; Information.  The pricing for all products available via the Services are in United States dollars and exclude taxes and shipping costs.  We strive to ensure all pricing information is correct.  If a product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such product.

ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to specific portions of the Services or products or services we offer, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Services or products or services we offer, the latter terms shall control with respect to your use of that portion of the Services or purchase of those products or services unless specifically noted below.  The following terms and conditions apply to the applicable features in connection with the Services:

  • Gift Cards.  Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions described below, as well as these Terms of Use and the Privacy Policy.
  • Text Messages.  You may elect to receive certain messages from Lemon Laine at your mobile phone number, including messages to respond to your inquiries regarding your account or purchases and to provide you with information you request. If you provide us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is without charge from Lemon Laine but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges. 

If you elect to receive texts from us, you acknowledge and agree to be bound by the following terms:

You represent and warrant to us that you are authorized: (i) you are the owner of the mobile phone number you designate in Lemon Laine’s system to receive communications from Lemon Laine via Short Message Service or text (" Texts"), and (ii) you are solely responsible for any mobile message or data charges that may be incurred by communicating with us via Texts. You may register to receive Texts by entering and submitting your phone number in any provided submission form available on our Site. By entering your phone number and/or by confirming your desire to receive Texts from us, you consent to these terms and to receive Texts regarding your inquiries and/or products you order. By agreeing to receive Texts, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing us at hello@lemonlaine.com with "Revoke Electronic Consent" in the subject line.

In order to cease receiving Texts, you may unsubscribe by replying STOP, QUIT, CANCEL, UNSUBSCRIBE, and/or END to any text message you receive or contacting Lemon Laine Customer Service by email at hello@lemonlaine.com. You consent that following such a request to unsubscribe, you may receive one (1) final message from Lemon Laine confirming that you have been inactivated in our system. Please allow up to three (3) business days to process your request. Following such confirmation message, no additional text messages will be sent to you unless you re-activate your subscription to receive messages.

Lemon Laine is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.

You acknowledge and agree that the Texts may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By subscribing to receive Texts, you expressly consent to receive the Texts through automatic dialing technology, artificial and pre-recorded voice to the telephone or cell phone number you have provided to us.

  • Promotional Cards and Promotional Codes. Promotional Cards, Promotional Codes and their use, including provisions regarding loss, are subject to the Promotional Card and Promotional Code Terms and Conditions described below, as well as these Terms of Use and the Privacy Policy
  • Club Lemon Laine Membership Rewards Program.  The earning and redemption of Lemon Laine reward points, including the expiration of points, are subject to the Club Lemon Laine Membership Rewards Terms and Conditions described below as well as these Terms of Use and the Privacy Policy.

REGISTRATION AND PASSWORDS

In order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We may suspend or terminate your access at any time with or without notice. To understand how we use the information collected from you, please read our Privacy Policy.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

The Subscription Contract Between You And Us

Lemon Laine offers a membership program called Club Lemon Laine (the “Membership Program”).

AUTOMATIC RENEWAL TERMS

With respect of Lemon Laine subscriptions subject to automatic renewal, you agree that once you have expressly agreed for your credit card to be charged on a recurring basis, and agreed to the amount of the recurring charges, Lemon Laine may submit periodic charges (e.g., annually) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before Lemon Laine reasonably could act. Information on how to cancel is described below.

ANNUAL REBILLABLE SUBSCRIPTIONS

By purchasing an annual rebillable subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Lemon Laine after the expiration date of your payment card.

Automatic Renewal Terms

Your subscription will be automatically renewed for successive annual periods and your payment method will automatically be charged for each successive annual period at the then-current subscription rate until you cancel your subscription renewal.

Cancellation Policy For Membership Program

To cancel your Membership at any time, you may email hello@lemonlaine.com and we will help you cancel. If you cancel, you will not be rebilled during your next annual billing cycle, but no refunds will be processed for any prior recurring annual subscription charges.

CHANGES TO THE PRICE AND TO LEMON LAINE MEMBERSHIP FEES

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Lemon Laine subscription plans will take effect following notice to you.

INTELLECTUAL PROPERTY

  1. Ownership.  The Services and all content available through the Services, including all text, design, graphics, logos, icons, images, audio, video, downloads, interfaces, code and software, as well as the selection and arrangement thereof (collectively, the “Content”) are the exclusive property of and owned by Lemon Laine and its affiliates, and its and their respective licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws.  You may not reproduce by any means or process (except as expressly provided herein), in whole or in part, distribute, publish, transmit, create derivative works based on, modify or sell any Content.  The “Lemon Laine”trademark and all other Lemon Laine related marks and logos, whether registered or not registered, displayed via the Services, as well as the domain name "lemonlaine.com," are and will remain the exclusive property of Lemon Laine. Any reproduction, distribution, transmission, modification or use of any Lemon Laine trademark for any purpose is prohibited.  You may not remove any copyright, trademark or other proprietary notice contained in the Services or any content contained therein. The Content is for informational purposes only. Reliance on the Content is solely at your own risk.
  2. Limited License.  Subject to the terms and conditions of these Terms of Use, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying them via your internet browser or device only for the purpose of shopping for personal items sold via the Services and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms of Use shall immediately revoke the license granted in this paragraph without notice to you.
  3. Use Restrictions.  You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lemon Laine or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use the Services to: (i) transmit via or through the Services any information, data, text, images, files, links or software except in connection with your authorized use of the Services or otherwise in response to specific requests for information by us; (ii) introduce to our Site or mobile applications or otherwise in connection with the Services any computer or website viruses, worms, Trojan horses and/or harmful code; (iii) obtain unauthorized access to any computer system; (iv) impersonate any other person, including but not limited to, a registered user of the Services or an employee of Lemon Laine; (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (vi) misrepresent the identity of a user or use a false e-mail address; (vii) tamper with or obtain access to our Site or mobile applications or any component of any of them; (viii) conduct fraudulent activities; or (ix) collect or harvest information regarding other users of the Services for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
  4. Content You Submit.  You agree that any and all feedback, reviews, suggestions, designs, concepts, photographs, testimonials and other items or materials (except for your personal information which is handled in accordance with the Privacy Policy) disclosed or submitted to Lemon Laine through the Services or by other means ("Submissions") are neither confidential nor proprietary to you and may be used by Lemon Laine without restriction or compensation.  By making a Submission to Lemon Laine, you grant to Lemon Laine a nonexclusive, royalty-free, perpetual, irrevocable, assignable license to use, reproduce, modify, publish, translate, create derivative works from, distribute, display and otherwise fully exploit such Submission worldwide in any media for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person.  You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you are and shall remain solely responsible for the content of any Submission you make.  You agree that Lemon Laine is under no obligation to review or use any Submission (including any messages) posted on or sent through the Services by you or any third party and assumes no responsibility or liability relating to any such Submission. Lemon Laine, in its sole discretion, may monitor, not post or remove any Submission.