Effective Date: August 29, 2008
This Privacy Policy ("Privacy Policy") is designed to explain: (i) how Lemonade, Inc. (along with its affiliates from time to time, hereafter, individually and collectively, "we", "us" or "Lemonade") collects, uses and shares information, (ii) what type(s) of information we collect; (iii) with whom the information may be shared; (iv) what choices are available to you regarding our collection, use, and sharing of the information; (v) how you can access, edit and/or delete certain information; (vi) the kind of security procedures in place to protect personal information that is under our control; and (vii) covers all of our Services.
This Privacy Policy does not apply to the practices of companies that Lemonade does not own or control, or to people that Lemonade does not employ or manage.
Where more detailed information is needed to explain our privacy practices, we may post separate privacy notices to describe how particular services collect, use and share information; such privacy notices are incorporated herein by this reference. We hope this will help you make an informed decision about sharing information with us.
By accessing or using the Services, you agree to this Privacy Policy. This is our entire and exclusive privacy policy and it supersedes any earlier version(s). This Privacy Policy is part of our Terms of Service ("Terms of Service" or "TOS"), including any Additional Terms (as such term is defined therein). Except as otherwise provided in this Privacy Policy, all capitalized terms defined in said Terms of Service or Additional Terms shall have the meanings ascribed to such terms therein.
There are many aspects of our Services that can be enjoyed as a visitor, but you need to register in order to take advantage of certain Services.
We collect personally identifiably information ("PII") and non-personally identifiable information ("Non-PII", together with PII, collectively, "Information") for the following purposes:
- Providing our products and services,
- provide reports,
- make payments,
- customize the content and advertising you see,
- fulfill your requests for our products and services,
- for purposes of contacting or notifying you,
- visitor traffic patterns,
- to pre-fill fields,
- auditing, research and analysis in order to maintain, protect and improve our Services,
- ensuring the technical functioning and optimization of our network, and
- developing new and/or enhancing our Services; and
- Targeted Advertising.
By knowing about you, we can deliver more helpful information, programs and tools, and offer you the most relevant Services.
You may be asked to provide PII in certain fields on the Services. We collect PII when you voluntarily provide it to us or when you authorize us to collect it on your behalf. The type(s) of PII we collect from you depends on how you utilize the Services. Our Services allow for the following types of users: Operators, Visitors and LS Visitors (individually and collectively, "user", "you" or "your"). A description of all such users and the type(s) of PII we collect from each of them, if any, are set forth below. (i) “Operator(s)” are persons and/or entities that have registered with us to post Content and/or design, create, build, publish, post, operate and update a Lemonade Stand (as such term is defined in our then current Applicable Terms). We may collect all or any of the following PII from Operators:
- First and last name
- Company, home, postal or other physical address
- Other contact information, including your telephone number, fax number, email address, other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s email address, a persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual, account information (user name and password), and any other information from or about an individual that is combined with any of the above
- Date of Birth
- Gender
- Pay Pal, bank or other financial account information
- Personal description and photograph in your Profile
- Profile information provided to us from Merchants and Partners
- Social security and drivers license number(s)
- Any other Information needed to provide you with a Service
(ii) "Visitor(s)" is anyone that accesses and/or uses our Services, but does not register with us. We do not collect any PII from Visitors. (iii) "LS Visitor(s)" is anyone that accesses or uses a Lemonade Stand, other than the Operator of such Lemonade Stand. We do not collect any PII from LS Visitors. Examples of scenarios where our Operators may provide their PII include, but may not be limited, to:
- Emailing, calling, accessing, using or communicating with Lemonade or the Services
- Posting a question or comment through the Services
- Requesting information, data, material or content
- Registering
- Setting up accounts
- Lemonade Stand set up and operation
- Profile set up and operation
- Transactions
- Customer service
- Technical Support
- Participating in an online survey
- Requesting inclusion in an email or other mailing list
- Invitations
- Submitting an entry for a contest or other promotions
- Filling out a questionnaire
- Logging in to the Services
- Submitting Content
- Any other business-related reason
Lemonade processes PII on our or our Third Party Provider’s servers in the United States of America and/or in other countries. In some cases, we process PII on a server outside your own country. We may process PII to provide our own Services. In some cases, we may process PII on behalf of and according to the instructions of a third party, such as our Merchants and Partners.
Lemonade does not knowingly collect or solicit personal information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at _____________________.
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
Lemonade may collect domain information to enable us or our Merchants or Partners to analyze how users use our Services. This data enables us to become more familiar with which people visit our Services, how often they visit, and what parts of the Services they visit and/or interact with most often. Lemonade uses this information to improve its and our Merchants’ and Partners’ Web-based offerings. This information is collected automatically and requires no action on your part. Lemonade and our Merchants and Partners may use your IP address to determine your approximate geographic location in order to provide you with location-relevant Links, information and advertising.
Some pages on the Services may use "cookies"—small files that the Services place on your hard drive for identification purposes. A cookie file can contain information such as a user ID to track the pages visited, but the only PII a cookie can contain is information you supply yourself. These files are used for Services registration and customization the next time you visit us.
Some parts of the Services may also use cookies to track user traffic patterns. Lemonade does this in order to determine the usefulness of our Services information to our users and to see how effective our navigational structure is in helping users reach that information. Please note that cookies cannot read data off of your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. If you prefer not to receive cookies while browsing our Services, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser, by not accepting cookies, some pages may not fully function and you may not be able to access certain information on the Services.
We also use Web beacons, sometimes called single-pixel GIFs, that momentarily direct your browser to a server other than Lemonade’s in a way that may not be apparent to you. Web beacons are used to count users who visited specific pages and determine which emails were opened and/or acted upon when we send HTML-formatted email messages. We do not link any PII to Web beacons.
Our Services include third-party advertising, offers and Links to other websites. We do not provide any personally identifiable customer information to these third-party websites and advertisers, or Internet advertising companies working on their behalf (collectively, starting with "third party websites" "Advertisers"), except as specifically set forth herein or any Additional Terms.
These Advertisers, sometimes use technology to send (or "serve") the advertisements or offers that appear on our Services directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and offers and to personalize advertising and offer content. We do not have access to or control over cookies or other features that they may use, and the information practices of these Advertisers are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection.
We also display targeted advertising based on personal information about users. Although Lemonade does not provide any personal information to advertisers, advertisers (including ad-serving companies) may assume that users who interact with or click on a targeted advertisement meet the targeting criteria used to display the ad (for example, users in the northwestern United States who like skateboarding).
"Lemonade Stand Information" that may be collected and monitored includes, but is not limited to:
- Lemonade Stand content
- Lemonade Stand revenue data
- Lemonade Stand click through and impression data
- Lemonade Stand launch date(s)
- Lemonade Stand modification event(s)
- Lemonade Stand Name(s)
- Lemonade Stand Internet Location
- Any other information related to a Lemonade Stand
We will use third party information, combined with Information you provide to us and Information collected by our and our Third Party Provider’s, Merchant’s and Partner’s systems, to better understand the characteristics of Operators and the visitors to and uses of our Services and to enhance and/or develop new Services. This information will also allow us to tailor content, advertising, Services, Products and offers to your specific interests and needs.
When we associate information that we obtain from third parties with PII that we have collected under this policy, we will treat the acquired information like the information that we collected ourselves. We will not share information we obtain from third parties in personally identifiable form, except under the limited conditions described herein and below. However, we may share aggregated and other non-PII as described in this Privacy Policy. This may include information we obtain from third parties in a form that does not permit you to be identified. We may obtain and use this kind of information from third parties without receiving further permission from you to do so.
We know how important it is to keep the PII you have entrusted to us confidential. We will not share PII about you with third parties except to provide you with a product or service you request or under certain circumstances as described herein. In all other cases, we will ask for your permission before we disclose your PII.
When we have a good faith belief that access, use, preservation or disclosure of PII is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service or Additional Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) to protect our interests or property, (e) to prevent fraud or other illegal activity perpetrated through the Services or using the Lemonade name or (f) protect against imminent harm to the rights, property or safety of Lemonade, its users, Merchants or Partners or the public as required or permitted by law.
We provide PII to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing PII and/or providing the Services on our behalf. We require that these parties agree to process and/or use such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
Lemonade may offer or co-sponsor sweepstakes and contests. Any information submitted by the user for purposes of participation in these promotions, may be shared publicly and with any affiliates or related parties of the promotion. This information may be necessary for contacting you with regard to status of the promotion or prizes awarded. All contests and sweepstakes will specifically inform the participants whether their information will be shared.
If Lemonade becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, your Information may be transferred to the new owner so the Service can continue operations. In any such transfer of Information, your PII would remain subject to the promises made in any pre-existing Privacy Policy; otherwise, we will provide notice before PII is transferred and becomes subject to a different privacy policy.
We may share aggregated information about you with third parties. This is Information that is combined with the non-PII of other users and does not allow you to be identified or contacted. Depending on the circumstances, we may or may not charge third parties for this aggregated information. We also may not limit the third parties’ use of the aggregated information.
When you use our Services, we make good faith efforts to provide you with access to your PII and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Some of our Services have different procedures to access, correct or delete users’ PII. We provide the details for these procedures in the specific FAQs for these services.
The Services feature the ability to post Content and Information on certain Web pages, walls and in community areas such as message boards, blogs, chat rooms and other public forums where people can share Content and Information or where Operators can post questions for others to answer and/or post a review and/or comment upon an Operator’s Lemonade Stand ("Public Areas"). Please remember that any Content and Information that you post in Public Areas is, by design, open to the public and is not a private, secure service All such sharing of Content and Information is done at your own risk. Therefore, you should think carefully before disclosing any PII or proprietary or confidential Content in any Public Areas. What you have written and or posted may be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. As with any public forum on any Web site, this information may also appear in third-party search engines like Google, Yahoo, MSN etc.
Some products or services may be co-branded and offered in conjunction with another company. If you register for or use such products or services, both Lemonade and the other company may receive the Information collected in conjunction with the co-branded product or services. Please refer to that company’s privacy policy to determine how that company may use this Information.
Lemonade has implemented commercially reasonable security measures in order to protect your PII from loss, misuse and unauthorized access, disclosure, alteration or destruction. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. Although we make good faith efforts to store the PII collected by us in a secure operating environment that is not available to the public, we cannot guarantee complete security and we shall not be liable for any unauthorized entry or use, hardware or software failure, and other factors that may compromise the security of Information. For any additional information about the security measures we use on certain Services, please feel free to email us at the contact information on the Services.
Our Services provide you with the ability to import and or add email addresses for the sole purpose of allowing you to communicate with the owners of such email address(es). Lemonade will not share or use any such provided email address(es), except as explicitly stated in the immediately preceding sentence.
If you are unsure whether this privacy policy is in conflict with the applicable local rules where you are located, you should not submit your PII to the Services. Anyone who accesses, uses or interacts with the Services who submits PII does thereby consent to: (i) the international transfer and/or storage of such information to a country which may be deemed to have inadequate data protection and (ii) the collection, using, processing and sharing of such information as provided in this Privacy Policy.
This Privacy Policy is effective August 29, 2008. Your use of the Services, and any disputes arising from it, is subject to this Privacy Policy as well as our TOS and all of its limitation on damages and choice of law. Lemonade reserves the right to change, modify or update this Privacy Policy at any time and for any reason. Non-material changes and clarifications will take effect immediately, and material changes will take effect within thirty calendar (30) days of their posting. If we make material changes to this Privacy Policy, we will notify you here, by email, or through notice on our home page.. We encourage you to review our Privacy Policy frequently to make sure that you understand how we collect, track, compile, use and share Information.
If you have questions or concerns about our Privacy Policy please email us at the contact information on the Services.
Effective Date: August 29, 2008
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING AND/OR USING THIS SERVICE. YOUR ACCESS TO AND/OR USE OF THIS SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF SERVICE AND ANY OTHER ADDITIONAL TERMS. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES.
These terms and conditions of service ("TOS") are a legal agreement between you ("you", "your" or "user") and Lemonade, Inc. ("Lemonade", "we", "our" or "us"), with a place of business at 20 Marshall Street, Suite 320 S. Norwalk, CT 06854. Your access to, purchase, acknowledgement, click-through or use of all products, content, offers, stands, pages, shops, forums, walls, events, programs, attachments, features, software and services, together with any new features that augment or enhance any of the foregoing, which you may have access to as part of, or through your use of, Lemonade’s then-current network of properties which may be accessed through various mediums or devices now known or hereafter developed (referred to individually and collectively starting with and including the word "products" as the " Service(s)") is subject to theses TOS. You also understand and agree that the Service(s): (i) may also include certain communications from Lemonade, such as service announcements, administrative messages, merchant, product, and offer updates and the Lemonade Newsletter, and that these communications are considered part of Lemonade membership and you will not be able to opt out of receiving them; (ii) may also include advertisements; and (iii) are provided "AS-IS". You are responsible for obtaining access to the Service(s) and that access may involve third party fees (such as Internet service provider or airtime charges).
Your agreement with Lemonade will always include, at a minimum, the terms and conditions set out in these TOS. Your agreement with Lemonade will also include the terms and conditions of any specific terms, agreement(s) or legal notices (collectively, "Additional Terms") applicable to the Service(s), in addition to these TOS. The Additional Terms are incorporated and made a part of these TOS by this reference. Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service and may require a manual click through to accept such Additional Terms. Except as otherwise provided in these TOS, all capitalized terms defined in the Additional Terms shall have the meanings ascribed to such terms therein. To the extent there is an inconsistency between these TOS and any Additional Terms, the Additional Terms shall govern.
These TOS, together with the Additional Terms, forms a legally binding agreement between you and Lemonade in relation to your use of the Service(s). It is important that you take the time to read them carefully.
In order to use the Service(s), you must first agree to the terms of these TOS. You may not access nor use any of the Services if you do not accept the terms and conditions herein. You understand and agree that by actually using or accessing the Services, you accept the terms and conditions of these TOS (including the referenced Privacy Policy (as such term is defined below) which is incorporated herein and made a part of these TOS by this reference) and are bound thereby and that Lemonade will treat your access to and/or use of the Services as acceptance of the terms and conditions of these TOS from that time forward whether or not you are a registered member of Lemonade. You may not access nor use the Services and may not accept the terms and conditions of these TOS if (a) you are not of legal age to form a binding contract with Lemonade, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. If you do not agree to abide by these or any future TOS, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check to determine if there have been changes to these TOS and to review such changes.
You must be at least 13 years of age to access the Service(s).
You acknowledge that you; (i) have read Lemonade’s privacy policy at: __________________; and (ii) agree to the use of your information in accordance with Lemonade’s then current privacy policy ("Privacy Policy"). Except as otherwise provided in these TOS, all capitalized terms defined in the Privacy Policy shall have the meanings ascribed to such terms therein. To the extent there is an inconsistency between these TOS and the Privacy Policy, these TOS shall govern.
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Lemonade has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Lemonade has the right to suspend or terminate your account and refuse any and all current or future use of the Service(s) (or any portion thereof). Notwithstanding anything else, Lemonade reserves the right to remove any account for no reason, at any time, without notice and without liability. You agree that Lemonade will not be held liable for any information or Content lost. Termination of your Lemonade account includes (a) removal of access to certain offerings within the Service(s), including but not limited to your Lemonade Profile, (b) deletion of your password and (c) barring further use of certain of the Service(s).
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and are fully responsible for all activities that occur under your password or account. You agree not to use the account, username, or password of another user or person at any time or to disclose your password to any third party. You further agree to (i) immediately notify Lemonade of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. You acknowledge and agree that Lemonade shall not be liable for any loss or damage arising from your failure to comply with this Section.
Lemonade grants you a limited license to access and make personal use of its Services and not to download (other than page caching) or modify them, or any portion(s) thereof, except with express written consent of Lemonade. This license does not include any resale or commercial use of the Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. The Services, including any portion(s) thereof, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Lemonade. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Lemonade and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Lemonade’s name or trademarks and any term or phrase or logo that may infringe or have the likelihood of being considered confusingly similar thereto without the express written consent of Lemonade. Any unauthorized use terminates the permission or license granted by Lemonade. You are granted a limited, revocable, and nonexclusive license to create a hyperlink to the home page of Lemonade.com so long as the link does not portray Lemonade, its advertisers, merchants or partners or any of its/their respective affiliates, or the Services in a false, misleading, derogatory, or otherwise offensive matter. Any permitted links to this Service must comply will all applicable laws, rule and regulations. Unauthorized framing of or linking to Lemonade properties may be investigated, and we reserve the right to take any appropriate legal action, including without limitation, civil, criminal, and injunctive redress. You may not use any Lemonade logo or other proprietary graphic or trademark as part of the link without our prior permission. Notwithstanding anything else, Lemonade reserves the right to remove its license to you to create a hyperlink to the Services for no reason, at any time, without notice and without liability. Unless explicitly stated herein, nothing in these TOS shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause without any liability whatsoever to the Lemonade Parties. All rights and licenses not explicitly set forth in these TOS are reserved.
LEMONADE, E-Commerce for Everyone, Consumer Generated Commerce and other Lemonade graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Lemonade in the U.S. and/or other countries. Lemonade’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of an authorized officer of Lemonade.
You understand, acknowledge and agree that: (i) Lemonade (or Lemonade’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist); (ii) the Services may contain information which is designated confidential or proprietary by Lemonade and that you shall not disclose, use or in any way provide such information without Lemonade’s prior written consent; (iii) all trademarks, domain names, and other distinctive brand features appearing on the Services are the property of their respective owners and these TOS do not grant the user any rights or interest therein; and (iv) you shall not remove, obscure, or alter any proprietary rights notices (including copyright, trademark or other proprietary notices) which may be affixed to or contained within the Services.
You understand that all information, data, text, software, music, sound, photographs, graphics, artwork, skins, video, messages, content, reviews. comments or other materials now known or hereinafter developed (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which such Content originated. This means that you, and not Lemonade, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service(s). Lemonade does not control the Content posted via the Service(s) and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service(s), you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lemonade be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the access to or use of any Content posted, emailed, transmitted or otherwise made available via the Service(s).
By submitting communications or Content to us, you also agree that such submission(s) is/are non-confidential for all purposes. We will have no obligation to use, return, review, or respond to any submitted communication or Content.
You retain copyright and any other rights you already hold in Content which you submit on or through, the Services or to Lemonade. By submitting communications or Content (which may include any business information, idea, concept or invention you provide to Lemonade) you instantaneously and automatically grant or warrant that the owner of such Content or intellectual property has expressly granted Lemonade an unlimited, royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the intellectual property or Content for any purpose whatsoever and in any media or medium, or any form, format, or forum now known or hereafter developed and that Lemonade may sublicense its rights through multiple tiers of sublicenses. You also represent and warrant to Lemonade that you have all the rights, power and authority necessary to grant the above license(s).
You agree to not use the Service(s) to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Lemonade official, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage with one another;
j. interfere with or disrupt the Service(s) or servers or networks connected to the Service(s), or disobey any requirements, procedures, policies or regulations of networks connected to the Service(s);
k. intentionally or unintentionally violate any applicable local, state, national or international law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; or
n. collect or store personal data about other users.
You acknowledge that Lemonade may or may not pre-screen Content, but that Lemonade and its designees shall have the right (but not the obligation) in its/their sole discretion to pre-screen, refuse, or move any Content that is available via the Service(s). Without limiting the foregoing, Lemonade and its designees shall have the right to remove any Content that violates the TOS, is otherwise objectionable to Lemonade in its sole discretion or for no reason, at any time, without notice and without any liability whatsoever . You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Lemonade or submitted to Lemonade, including without limitation information in all parts of the Service(s).
You acknowledge, consent and agree that Lemonade may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Lemonade, its advertisers, merchants or partners or any of its/their respective affiliates, its users and/or the public.
You understand that the technical processing and transmission of the Service(s), including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service(s) and software embodied within the Service(s) may include filtering and security components that permit digital materials to be monitored and protected, and use of these materials is subject to usage rules set by Lemonade and/or content providers who provide content to the Service(s). You may not attempt to override or circumvent any of the usage rules embedded into the Service(s). Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Although Lemonade cannot monitor the conduct of its members off the site or on the site, it is also a violation of these TOS to use any information obtained from the Service in order to harass, abuse, or harm another person.
You are solely responsible for your interactions on, with or through the Service(s). Lemonade reserves the right, but has no obligation, to monitor disputes between you and others, provided that such dispute arose or is related to the Service(s).
You are solely responsible for your interactions with other Services users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Lemonade has relationships with third parties ("Third Party Providers"). Occasionally, these Third Party Providers may provide the Service(s) to you on behalf of Lemonade. You understand, acknowledge and agree that: (i) Third Party Providers shall be entitled to provide the Service(s) to you; (ii) Lemonade may change the form and nature of the Service(s) from time to time without prior notice to you; or stop (permanently or temporarily) providing the Service(s) (or any portion(s) thereof) to you at Lemonade’s sole discretion, without prior notice to you at any time without any liability whatsoever; (iii) you may stop using the Services at any time; (iv) you do not need to specifically inform Lemonade when you stop using the Services.
The inclusion of any products or services on or through the Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Products and services included on the Services may be unavailable, may have different attributes than those listed, or may actually carry a different price, Payout(s) and/or terms than that stated on the Services. In addition, we may make changes in information about price, Payouts and/or terms and availability at any time and for any reason with or without notice without any liability whatsoever.
The prices displayed on the Services are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. All pricing does not include duties, insurance costs, tariffs, or value-added taxes. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
Lemonade reserves the right to modify and/or terminate these TOS with or without notice, at any time and for any reason with no liability whatsoever. When modifications are made, Lemonade may make a new copy of these TOS available. You understand and agree that if you access or use the Service(s) after the date on which the TOS has been modified, Lemonade will treat your use as acceptance of the updated TOS.
We accept advertising on the Services, some of which may be targeted.
The manner, mode and extent of advertising by Lemonade on the Services are subject to change without specific notice to you. In consideration for Lemonade granting you access to and use of the Services, you agree that Lemonade may place such advertising on the Services.
All advertisers are responsible for their content posted and Lemonade does not assume any responsibility for any claims made by the individual advertisers. Lemonade’s allowance of a third party advertisement is not an endorsement of the content or the advertiser’s product or service. Any dealings with advertisers, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and the advertiser. Lemonade is also not responsible for any claims users may have against individual advertisers.
By using the Services, you understand, acknowledge and agree that:
(i) All aspects of purchasing and fulfillment of products and services purchased on or through the Services are handled by third parties not under the control of Lemonade; (a) such third party is solely responsible for all such products and services and the handling and preparation of order forms, processing of payments, cancellations, returns, and customer service; (b) Lemonade is not responsible or liable for any damages, loss, delays, errors, liabilities, inconveniences, etc., that occur as a result of or are related to any dealing or purchase or alleged dealing or purchase between you and such third party(ies); (c) any dealings with such third parties, including payment and delivery of products and services, and any other terms, conditions, warranties or representations associated with such dealings or alleged dealings are solely between you and such third party(ies); and (d) Lemonade is not responsible or liable for any claims arising out of such dealings or that you may have against such third parties. Notwithstanding, you acknowledge that Lemonade is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. ALL USE OF THE SERVICES IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
(ii) Without limiting any of the foregoing, the Services provide hyperlinks to third party owned and operated web sites and/or destination pages which are not under the control of Lemonade ("Third Party Links"); (a) Lemonade is not responsible for the availability or content of these Third Party Links; (b) Lemonade does not endorse these Third Party Links and will not be liable for the products, services, advertisements, offers, contests, sweepstakes, content, resources or materials on or available from these Third Party Links; (c) You shall comply with any terms of use, policies or guidelines depicted on these Third Party Links; (d) Lemonade will not be responsible or liable, directly or indirectly for any damages or loss caused or alleged to be caused by or in connection with your access to, use of or reliance on any such Third Party Links, or as a result of any reliance placed by you on the completeness, accuracy, existence or fulfillment of any advertising, products, services, offers, contests, sweepstakes, copyright compliance, legality or decency of material or other materials on, or available from, such Third Party Links.
This Section survives termination of these TOS,
The Services include certain services that are available via your mobile phone, including (i) the ability to upload content to Lemonade via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to Lemonade messages (Mobile Texts), (iii) the ability to browse Lemonade from your mobile phone (Mobile Web), and (iv) the ability to access certain Lemonade features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the "Mobile Services"). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Lemonade and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Lemonade account information to ensure that your messages are not sent to the person that acquires your old number.
Lemonade may offer or co-sponsor various sweepstakes and contests through the Services. For each contest, Lemonade may provide a list of the official rules at the time of participation.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Service any materials that violate another party’s intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, you may send a written notification of such infringement to Lemonade Inc., PO Box 445, S. Norwalk CT 06856.
Lemonade is not responsible or liable in any manner for any Content posted on or in connection with the Services, whether posted or caused by users of the Services, by Lemonade, by third parties or by any of the equipment or programming associated with or utilized in the Services. We do not control and are not responsible for what users post, transmit or share on the Services and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on the Services or in connection with any Content. Lemonade is not responsible for the conduct, whether online or offline, of any user of the Services.
Under no circumstances will Lemonade be responsible for any loss or damage resulting from anyone’s use of the Service or any Content posted on or through the Service or transmitted to users, or any interactions between users of the Service, whether online or offline.
Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through the Services. You acknowledge that Lemonade is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Please note that your purchase of products or services from third parties through the Services are strictly between you and the other party to the transaction. ALL USE OF THE SERVICES IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
LEMONADE DOES NOT PRE-SCREEN OR APPROVE LEMONADE STANDS, STORE FRONTS, SHOPS OR USER PROFILE PAGES (INDIVIDUALLY AND COLLECTIVLEY, "USER PAGE(S)", AND CANNOT GUARANTEE THAT A USER PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A USER PAGE. NOR IS LEMONADE RESPONSIBLE FOR THE CONTENT OF ANY USER PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY USER PAGE(S).
In addition to these TOS, User Pages and Operators are subject to and governed by certain Additional Terms. The Additional Terms control in the event of any conflict between it and the TOS.
This Section shall survive these TOS.
YOUR ACCESS TO AND use of the Services is at your own risk. When ACCESSING OR using the Services, CONTENT will be transmitted over a medium that may be beyond the control and jurisdiction of THE Lemonade PARTIES (DEFINED BELOW). Accordingly, the Lemonade Parties assume no liability for or relating to the delay, failure, interruption, or corruption of any CONTENT transmitted in connection with YOUR ACCESS TO OR use of the Services. The Services are provided on an "as is" basis. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LEMONADE PARTIES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
LEMONADE, ITS LICENSORS, THIRD PARTY SERVICE PROVIDERS, MERCHANTS, ADVERTISERS, RETAILERS, PARTNERS, SUPPLIERS AND EACH OF ITS/THEIR RESPECTIVE AFFILIATES, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (INDIVIDUALLY AND COLLECTIVELY STARTING WITH AND INCLUDING THE TERM "LEMONADE" "LEMONADE PARTIES"), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, THE LEMONADE PARTIES make no representations or warranties about the following: (i) The accuracy, reliability, completeness, currentness, or timeliness of the SERVICES, links, THIRD PARTY LINKS, PRODUCTS, SERVICES, CONTENT or communications provided on or through the Services (AND THE LEMONADE PARTIES MAKE NO COMMITMENT NOR ASSUME ANY DUTY TO UPDATE SUCH SERVICES OR ANY SUCH links, PRODUCTS, SERVICES, CONTENT or communications); (ii) YOUR ACCESS TO OR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; AND (iv) ANY CONTENT OBTAINED BY YOU AS A RESULT OF YOUR ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
WITHOUT LIMITING ANYTHING ELSE, ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE LEMONADE PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE LEMONADE PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, INCLUDING, BUT NOT LIMITED TO, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
THIS SECTION SURVIVES TERMINATION OF THESE TOS.
In no event shall THE Lemonade PARTIES be liable TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY OR PUNATIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO: (a) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, INFORMATION OR CONTENT SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) the use of or inability to use the Services; (ii) personal injury, including death OR SICKNESS caused by your aCCESS TO, use or misuse of the SERVICES; (iIi) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY LINK, THIRD PARTY LINK, ADVERTISING, SPONSORSHIP, OFFER OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER, MANUFACTURER, RETAILER, MERCHANT, PARTNER, LICENSOR, DISTRIBUTOR, FULFILLMENT CENTER, SUPPLIER, SPONSOR OR ANY OTHER THIRD PARTY WHOSE SERVICE, PRODUCT, ADVERTISING OR SPONSORSHIP APPEARS ON OR THROUGH THE SERVICES; (IV) ANY CHANGES WHICH LEMONADE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (V) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT, DATA, INFORMATION AND/OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (VI) YOUR FAILURE TO PROVIDE LEMONADE WITH ACCURATE INFORMATION, OR (VII) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON THE LEMONADE PARTIES’ LIABILITY TO YOU SHALL APPLY whether based on warranty, contract, tort, or any other legal theory, and whether or not THE LEMONADE PARTIES are advised of the possibility of such damages. Any claims arising in connection with your ACCESS TO OR use of the SERVICES must be brought within one (1) year of the date of the event giving rise to such action occurred. YOUR Remedies under these TOS are exclusive and are limited to those expressly provided for in these TOS.
WITHOUT LIMITING ANYTHING ELSE, IN THE EVENT OF ANY PROBLEM WITH THE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE ACCESSED, USED AND/OR PURCHASED ON OR THROUGH THIS SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER, MERCHANT, RETAILER, LICENSOR, FULFILLER OR SUPPLIER OF SUCH SERVICES OR PRODUCTS, IN ACCORDANCE WITH SUCH PARTY’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT(S) OR SERVICE(S) IN ACCORDANCE WITH SUCH PARTY’S RETURNS AND REFUNDS POLICIES.
NOTHING IN THESE TOS, SHALL EXCLUDE OR LIMIT LEMONADE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. This SECTION survives termination of these TOS.
By using this Service, you agree to promptly indemnify and hold the Lemonade Parties harmless from any claim, action, proceeding, investigation, demand, damage, liability, loss, expense, including litigation costs and attorneys’ fees, of every kind and nature as incurred, made by any third party due to or arising out of your access to or use of the Services, your connection to the Services, communications or Content you submit post or share, your conduct in connection with the Services or with other users of the Services, or your violation of these TOS, or of any law or the rights of any third party. This indemnity survives termination of these TOS.
Lemonade reserves the right to transfer, assign, sublicense or pledge this or any part of these TOS, the Services or its rights and associated goodwill attached thereto and obligations under these TOS, as necessary, without notice and without your consent. These TOS, the Services and any remaining portions, shall inure to the benefit of Lemonade and its successors and assigns. You may not assign any portion of these TOS.
Lemonade may provide you with notices, including those regarding changes to these TOS, by email, regular mail, or postings on the Services.
If Lemonade does not exercise or enforce any legal right or remedy which is contained in these TOS (or which Lemonade has the benefit of under any applicable law), this will not be taken to be a formal waiver of Lemonade’s rights and that those rights or remedies will still be available to Lemonade.
If any part of these TOS is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these TOS will remain fully in force.
Notwithstanding anything else, these TOS and your relationship with Lemonade hereunder, shall be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. You and Lemonade agree to submit to the exclusive jurisdiction of the courts located within the State of Connecticut to resolve any legal matter arising from these TOS. Notwithstanding this, you agree that the Lemonade Parties shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You understand, acknowledge and agree that a printed version of these TOS will be admissible in judicial and administrative proceedings based upon or relating to these TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The terms and conditions providing for any activity following the termination or expiration of these TOS, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of these TOS, shall survive the termination or expiration of these TOS.
These TOS contain, and are intended as, a complete statement of the arrangements between you and Lemonade with respect to its subject matter and supersedes all prior agreements, whether written or oral, between the you and Lemonade, with respect to those matters. Any user of Services may be subject to additional terms and services that may apply through the use of affiliate services or third-party sites.
If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us at 20 Marshall Street, Suite 320 S. Norwalk, CT 06854 United States Attn: Privacy Manager or e-mail us at _____________________________.
Effective Date: August 29, 2008
This Lemonade Stand Operating Agreement ("Additional Terms") is made part of and incorporated into Lemonade, Inc.’s Terms of Service ("TOS") and contain terms and conditions that apply to Lemonade, Inc.’s "Lemonade Stand Program" which enables a person or entity ("Operator(s)") to design, create, build, manage, publish, post and update a customizable store front, shop, Web-page and/or widget (individually and collectively, "Lemonade Stand") onto a Web site to drive traffic to another Web site or Web site content throughout the Internet; whereby Operators may earn financial compensation ("Payouts") for "Transactions" (actions by Visitors as defined by the Merchant) referred by such Operator via an action made by a "Visitor" through an Internet connection ("Link") to a Web site or Destination Page operated by another person or entity ("Merchant", "Advertiser" (including all Internet advertising companies) or "Sponsor", starting with the term "Merchant", collectively, "Merchant") from a Merchant or business partner ("Partner") authorized promotional method that is listed in our Offers database ("Offers Database") and accessed, promoted or used by such Operator within such Operator’s Lemonade Stand(s) and/or post or submit Content (as such term is defined in the TOS), all in accordance with the provisions, terms and conditions set forth herein and therein.
As used in these Additional Terms, "we", "us", or "our" means Lemonade, Inc. or any of our affiliate companies, as the case may be, and "you" "your" or "Operator" means the person or entity agreeing to these Additional Terms. "Lemonade.com Site" means the site that has its primary home page identified by the URL www.lemonade.com, and "site" or "Web site" means a World Wide Web site or Destination Page. Save for our obligation to pay Payouts to you under Section 12, which may be performed solely by us, we may cause any of our obligations under these Additional Terms to be fulfilled by any of our affiliates, Third Party Providers or Partners, on our behalf.
In the event of any conflict between the provisions, terms or conditions of these Additional Terms and those of said TOS or our Privacy Policy, the provisions, terms or conditions of these Additional Terms shall govern and control, and the terms of said TOS and Privacy Policy shall be modified hereby. All capitalized terms not defined herein shall have the meanings ascribed to them in the TOS or our Privacy Policy. The provisions, terms and conditions of the TOS and our Privacy Policy are incorporated and made a part of these Additional Terms by this reference.
In order to participate in the Lemonade Stand Program, you must first provide the required information and ‘clicking through’ the acceptance button of these Additional Terms made available to you on the Lemonade Web site. You may not participate in the Lemonade Stand Program if you do not accept these Additional Terms. You understand and agree that by actually participating in the Lemonade Stand Program through your using or accessing our Services, you accept the terms of these Additional Terms (including the referenced Privacy Policy which is incorporated herein and made a part of these Additional Terms by this reference) and are bound thereby and that we will treat your participating in the Lemonade Stand Program and/or access to and/or use of the Services as acceptance of the terms of these Additional Terms from that time forward. You also agree: (i) that these Additional Terms are enforceable like any written negotiated agreement physically signed by you, (ii) not to contest the validity or enforceability of these Additional Terms on the grounds that it is not in writing or that it does not contain an original signature, (iii) that these Additional Terms, if introduced as evidence on paper in any judicial, arbitration, mediation or administrative proceedings, will be admissible as between Lemonade and you to the same extent and under the same conditions as other business records originated and maintained in documentary form, and (iv) not to contest the admissibility of copies of these Additional Terms under either the business records exception to the Hearsay Rule, the Best Evidence Rule or any other basis on the premise that these Additional Terms were not originated or maintained in documentary form. You may not participate in the Lemonade Stand Program or use the Services and may not accept the terms of these Additional Terms if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from participating in the Lemonade Stand Program or from receiving, accessing or using the Services under the laws of the United States or other countries including the country in which you are resident or from which you may participate in the Lemonade Stand Program or use the Services.
The following is an exemplary list of sites that are unsuitable places to post your Lemonade Stand. Unsuitable sites include, but are not limited to, those that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- promote illegal activities
- include "Lemonade," "Merchant’s name" or any other trademark of such parties or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., ".com", ".net," ".uk" etc.) -- for example, a URL such as "lemonade.mydomain.com," "lemonade.com" or "lemonadestand.net" would be unsuitable
- are or promote spam or link farms, or
- otherwise violate the terms of these Additional Terms or those of any Merchants or Partners or intellectual property or other rights of another.
Upon your acceptance of these Additional Terms and your participation in the Lemonade Stand Program, we grant you a revocable, non-exclusive, royalty-free limited license for the duration of and subject to the terms of these Additional Terms, to create, design, maintain and update your Lemonade Stand(s) and to publish and/or post such Lemonade Stand(s) within the Lemonade Marketplace and throughout the Internet solely in accordance with the terms of these Additional Terms. Such license shall allow you to name each of your Lemonade Stands, upload certain content onto your Lemonade Stand(s) and to select and post Products (and related Link(s) using a variety of formats that we make available to you, such as text link format, graphical link format, customizable "widget" format, or "product preview" link format) therein, solely for purposes of facilitating referrals, in accordance with these Additional Terms and any applicable Merchant’s Program and/or Partner’s terms, from your Lemonade Stand(s) to earn Payouts. A "Product" is any Merchant’s product, offer, advertisement or service made available on or through the Services, including those listed on or within our Offers Database that are made available to Operators for use in their Lemonade Stand(s).
You may display (and remove) Links from your Lemonade Stand(s) in accordance with our then-current guidelines and these Additional Terms. You may also post and/or submit Content in accordance with our then current submissions guidelines. You understand, acknowledge and agree that the terms governing your positing or submission of any Content are set forth in the TOS and Privacy Policy and agree to be bound by such terms herein and therein. Notwithstanding anything else, we reserve the right to update, add, dismantle, deactivate or remove any Links into/from/within any Lemonade Stand(s) in our sole and absolute discretion, at any time with or without notice and without liability, except for our payment obligation to you for Payouts previously earned by you in accordance with the terms of these Additional Terms. The Lemonade Parties reserve all of our respective rights and licenses not explicitly granted to you.
Upon your selection and posting of a Merchant’s Link into your Lemonade Stand, such Merchant grants you a license to display and Link to the Merchant’s Web site or Destination Page (defined below) in accordance with such Merchant’s Program terms for the limited purposes of promoting the Merchant's program or Product, subject to such Merchant’s Program’s terms and conditions and these Additional Terms ("collectively, "Merchant’s Program"). Your use of the Link signifies your agreement to refrain from copying or modifying any icons, buttons, banners, graphics files, code or content contained in such Link, including but not limited to refraining from removing or altering any copyright or trademark notices. As between Lemonade and you, Lemonade or its Merchants or Partners own all rights in and to all information regarding the Visitors that you refer to Merchants through Lemonade Stand(s), Lemonade and/or its Partners.
You authorize Lemonade to utilize your trademarks, service marks, trade names, Information and/or Content that you provide to Lemonade through your participation in the Lemonade Stand Program and/or your access to or use of the Services to post and display your Lemonade Stand onto the Internet, promote your Lemonade Stand(s) and your participation in the Lemonade Stand Program and use of the Services.
All proprietary rights of Merchants, Partners, you, and Lemonade, and all goodwill arising as a result of such rights, remain and/or inure to the benefit of such owner. You explicitly agree not to adopt or use in any manner any trademarks, service marks, trade names, designs, slogans and/or URLs that are the same or likely to be confusingly similar to, or are combined with, those of Lemonade or any Partner or Merchant.
To permit accurate tracking, reporting, and referral fee accrual, you must not tamper with or in any way modify any Links. The Links that you place/list in your Lemonade Stand(s) are specifically tagged to identify and record all activity originating from your Lemonade Stand(s). If Links are not dynamically updated through the Service(s), upon notification you are obligated to update a Merchant’s Links in order to earn Payouts. You will earn Payouts only with respect to activity occurring directly through the Links placed/listed on your Lemonade Stand(s); we will not be liable to you with respect to any act or omission by you which may result in any reduction of amounts that would otherwise be paid to you pursuant to these Additional Terms.
You acknowledge, understand and agree that:
(i) By placing any Links onto or within your Lemonade Stand(s), or through other monitoring, tracking or collection technology that we may place into or embed therein, allows us or our Merchants or Partners to receive information from your Lemonade Stand(s) or about Visitors to your Lemonade Stand(s), including, but not limited to, Lemonade Stand location(s) and all Visitor, Transaction and/or tracking code data. Your participation in the Lemonade Stand Program and/or use of the Services constitutes your specific and unconditional consent to and authorization for our or our Merchants’ and Partners’ access to, receipt, storage, use, and disclosure of any and all such information without limitation. Notwithstanding, Lemonade may provide, without limitation, any and all such information to any third party in Lemonade’s sole discretion, including but not limited to all regulatory, legislative and judicial bodies, and pursuant to allegations and claims of proprietary rights infringement. Lemonade reserves the right to be able to utilize tracking code data provided to it, which may include: information about your performance statistics, to analyze Lemonade Stand Program and Service trends, monitor Service efficiencies, maintain the integrity of the tracking code, promote Service capabilities and efficiencies, and promote you and your Lemonade Stand(s)’ performance to Merchants, Partners or third parties.
(ii) Lemonade may, but is not obligated to, provide your email address(es) and basic Operator account detail and interests (including but not limited to your address, phone, Lemonade Stand name, the date the Lemonade Stand first entered into operation, profile/interest data provided to us by our Partners and Visitor demographics) to Merchants or Partners to provide, promote and enhance our relationships with such parties and the Services.
(iii) Except for the license explicitly granted to you, you do not obtain any license or rights in any intellectual property, including, without limitation, any intellectual property with respect to Lemonade’s, its Partners’ or Merchant’s trademarks, service marks, trade names, URLs, copyrighted material, the Links, link formats, technical specifications, proprietary properties, patents, and patent applications, and agree not to challenge our or such parties’ proprietary rights. You may not use any meta tags or any other "hidden text" utilizing Lemonade’s, its Partners’ or Merchant’s name or trademarks and any term(s) or phrase or logo that may infringe or have the likelihood of being considered confusingly similar thereto without the express written consent of the owner of such name or trademarks.
(iv) We and our Merchants and Partners may crawl or otherwise monitor your Lemonade Stand(s) for the purpose of ensuring and/or enforcing compliance and the quality and reliability of Links on your Lemonade Stand (for example, to detect links that are broken or non-functional, etc.). Therefore, you agree that we and our Merchants and Partners may take such actions and that you will not seek to block or otherwise interfere with such crawling or monitoring and that we and our Merchants and Partners may use technical means to overcome any methods used to block or interfere with such crawling or monitoring.
(v) We reserve the sole and absolute right to: (i) decide what category(ies) to classify Your Lemonade Stand within; (ii) select Offers(s) for your Lemonade Stand(s) if you do not select an Offer(s) that we have provided to you; (iii) change, update or add content or Links relevant to us, Merchant Program(s) or the Lemonade Stand Program to your Lemonade Stand(s) for any reason and without notice; and (iv) deactivate your account(s) or any Lemonade Stand(s) for any reason, with or without notice, without liability to you, except for our payment obligation to you for Payouts previously earned by you in accordance with the terms of these Additional Terms.
(vi) We or our Merchants and Partners may from time to time send you email updates, promotions, news letter and alerts ("Email Updates"). By participating in the Lemonade Stand Program and/or accessing or using the Services, you consent to our or our Merchants or Partners sending you these Email Updates.
(vii) You shall comply with these Additional Terms, applicable Merchant’s or Partner’s terms and all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, rules, regulations, etc. are now in effect or later come into effect during the time you are a Lemonade Stand Program participant.
(viii) You shall: (a) not, and shall not authorize or encourage any third party to, sell, redistribute, sublicense or transfer any content or Links obtained from you by us or our Merchants or Partners; (b) not, and shall not authorize or encourage any third party to, use any content or Links obtained from you by us or our Merchants or Partners in a manner intended to send sales to any Web site other than the Lemonade or Merchant or Partner intended Web site or Destination Page; and (c) promptly delete any content or Links that are no longer made available by us or our Merchants or Partners or that we notify you is no longer available for your use.
(ix) You shall not, and shall not authorize or encourage any third party to (i) edit, modify, filter or change the order of the information contained in any Product description, offer or advertisement, or remove, obscure or minimize any Product description, offer or advertisement in any way; (ii) redirect an end user away from any Web page accessed by an end user after clicking on any part of an advertisement, offer or Link ("Destination Page"), or (iii) provide a version of the Destination Page different from the page an end user would access by going directly to the Destination Page or intersperse any content or any advertisements on any error page, registration or "thank you" page (e.g. a page that thanks a user after he/she has registered with the applicable website).
(x) You are solely responsible (and assume all liability and risk) for determining whether or not content that may be submitted or published by us or any Merchant or Partner is appropriate or acceptable to you.
(xi) You shall provide us with accurate information about you, and to maintain up-to-date account information (such as contact and transactional information.) For U.S. taxpayers, this information may include without limitation a valid U.S. tax identification number and a fully-completed Form W-9. For non-U.S. taxpayers, this information may include without limitation either a signed certification that the taxpayer does not have U.S. activities or a fully completed Form W-8 or other form, which may require a valid U.S. tax identification number, as required by the U.S. tax authorities. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued Payout. You shall promptly pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Lemonade Stand Program and use of the Services.
(x) We or any of our Merchants or Partners may serve content and/or advertisements on your Lemonade Stand(s), wherever located, and in any manner, mode and frequency that we determine. Such content or advertisements may collect information directly from Visitors and may place or recognize cookies, web beacons or gifs on Visitors’ browsers.
(xi) All Merchants and Partners are responsible for their content posted and Lemonade does not assume any responsibility for any claims made by the individual Merchants or Partners. Lemonade’s allowance of a third party advertisement is not an endorsement of the content or the Merchant’s product, offer or service.
(xii) Any dealings with Merchants, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings are solely between Visitors and the Merchant. We or our Merchants or Partners may change our or their policies and operating procedures at any time with or without notice. Lemonade is also not responsible for any claims whatsoever you or Visitors may have against individual Merchants or Partners.
(xiii) The Merchant will process Product orders placed by Visitors who follow Links from your Lemonade Stand to such Merchant’s site. You understand, acknowledge and agree that such Merchant reserves the right to reject orders that do not comply with any requirements that we or they periodically may establish; (ii) we will not be responsible for any aspects of order processing and fulfillment; (iv) such Merchant will be responsible for all aspects of order processing and fulfillment, which shall include, but not be limited to: preparation of order forms, process payments, cancellations, and returns, and handle customer service.
(xiv) We will receive reports from our Partners that will track click through, impressions and/or sales made to Visitors who purchase Products or respond to advertisements by using Links from your Lemonade Stand to our and our Merchants and Partners’ sites or Destination Pages and we may make available to you reports summarizing this click through, impression and sales activity. The providing of, placement, form, content, and frequency of the reports may vary from time to time in our sole discretion.
(xv) You shall be responsible for all usage and activity on your account(s) and for loss, theft or unauthorized disclosure of your password. You shall provide us with prompt written notification of any known or suspected unauthorized use of your account(s) or breach of the security of your account(s).
(xvi) Each and every Lemonade Stand shall, at our discretion, display a Lemonade, Inc. trademark, logo, design, image and/or phrase (and related Links) (collectively "Trademark").
(xvii) We may add, delete or modify the Trademark at any time and for any reason.
(xviii) You may not in any manner misrepresent or embellish the relationship between us and you or between you and any Merchant or Partner, or express or imply any relationship or affiliation between us and you or you and any Merchant or Partner or any other person or entity except as expressly permitted.
(xix) A Merchant or Partner may apply, or Lemonade may apply, a debit to your account(s) in an amount equal to a Payout previously credited to your account in circumstances of : (i) product returns; (ii) duplicate entry or other clear error; (iii) non-bona fide Transactions; (iv) non-receipt of payment from, or refund of payment to, the Visitor by the Merchant; or (v) Operator failure to comply with any applicable terms (collectively, (i) – (v), "Charge-back"). Charge-backs may be applied to your account at any time, including previous payment cycles.
(xx) If your account(s) has not been credited with a valid, compensable Transaction that has not been Charged-back during any rolling, six consecutive calendar month period ("Dormant Account"), a dormant account fee at Lemonade’s then-current rate shall be applied to such account each calendar month that such account remains an open yet Dormant Account or until such account balance reaches a zero balance, at which time the account shall become deactivated. Transactions will not be counted if the Transaction subsequently becomes a Charge-back.
(xxi) You may have a negative balance if your account(s) is/are debited amounts equivalent to previous Payouts for Charge-backs and you do not have an adequate account balance to cover the Charge-back amounts. When you have a negative balance, you must immediately remit payment to Lemonade in an amount sufficient to bring such account(s) to a zero balance, or such account may be, at our sole discretion, subject to 1.0 % interest per month, compounded monthly or the highest rate permitted by applicable law, whichever is lower until such owed amount is paid to Lemonade in full. You are responsible for all costs of collection Lemonade incurs hereunder, including, but not limited to, its attorney’s fees and costs.
(xxii) the Links or Services may contain, or direct Visitors or you to sites containing, information that some people may find offensive or inappropriate. The Lemonade Parties make no representations concerning any content contained in or accessed through the Links or Services, and the Lemonade Parties shall not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Link or Services.
(xxiii) You are solely responsible for all of your activity in connection with the Services.
(xxiv) Lemonade makes no guarantee regarding the level of impressions of or clicks on any offer, Link or advertisement, the timing of delivery of such impressions and/or clicks, or the amount of any payment to be made to you in connection with your participation in the Lemonade Stand Program, Merchant Program and/or the Services.
(xxv) You shall only use the Services for its intended purpose solely in accordance with the terms set forth herein and shall not use the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including materials that are deemed threatening or obscene, or engage in any kind of illegal activity that is or may be expressly prohibited. You shall not run Maillist, Listserv, any form of auto-responder, or "spam" on the Services, or any other automated processes.
(xxvi) We may have access to or be provided with certain of your non-personally identifiable profile information and data ("Operator Profile Data") that is listed, displayed or stored on any Partner’s or Merchant’s site(s) and/or made available to us by a third party on such Merchant’s or Partner’s behalf. We may use such Operator Profile Data to perform targeted or other advertisements within your Lemonade Stand(s), your account pages or elsewhere throughout the Services and to provide, promote and enhance our relationships with such parties and the Services.
(xxvii) Operators may only register under one account.
You must promote Lemonade and Merchants such that you do not mislead the Visitor, and such that the Links deliver bona fide Transactions by the Visitor to such Merchant from the Link. You shall not, and shall not authorize or encourage any third party to cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, Iframes, or hidden frames. You may or may not be compensated for Transactions where you or your agent are the Visitor. Multiple leads from the same individual, entity or IP address may be considered non-bona fide Transactions. Notwithstanding anything else, whether or not a Transaction is deemed a non-bona fide Transaction shall be determined in our or the applicable Merchant’s or Partner’s sole and absolute discretion. You shall not earn Payouts for non-bona fide Transactions and we and the applicable Merchants and/or Partners shall have no liability to you whatsoever for non-bona fide Transactions.
You represent and warrant that:
(A) all Promotional means used by you will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that you will not mislead others (B) you agree to: (i) use ethical and legal business practices, (ii) comply with the Lemonade Stand Program, Merchant’s Program and Partner’s terms and these Additional Terms and TOS, (iii) not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the CAN SPAM Act of 2003 (Public Law 108-187 or any successor legislation), and/or any other laws and/ or regulations that govern email marketing and/or communications; (iv) not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software) and (v) not engage in diluting, tarnishing or blurring our or our Merchant’s or Partner’s trademarks, trade names, and/or service marks.
We reserve the right, but not the obligation, to review all of your posting, publishing, marketing, selling and promotional ("Promotional") activities and may deem such activities inappropriate and a material breach of these Additional Terms in our sole and absolute discretion. We may review an Operator’s conduct and any suspected fraudulent, abusive or otherwise illegal content or activity by you through your Promotional methods, or that is perpetrated through use of the Lemonade Stand Program or Service(s); a finding of which shall be grounds for immediate termination of these Additional Terms or deactivation of your Lemonade Stand(s) or any or your accounts with or without notice and without any liability to us whatsoever.
Lemonade may retain and use for its own purposes all information you provide. Notwithstanding anything else, you agree that Lemonade may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in the Lemonade Stand Program and/or your use of the Services, including to third parties that reside in jurisdictions with less restrictive data laws than your own jurisdiction. Lemonade disclaims all responsibility, and will not be liable to you, however, for any disclosure of that information by any such third party. In addition, you grant Lemonade, its Merchants and Partners the right to access, index, and cache your Lemonade Stands and any Web site your Lemonade Stand may be placed upon, or any portion thereof, including by automated means including Web spiders or crawlers.
Subject to other provisions in these Additional Terms, Lemonade shall credit your account(s) with a Payout for each qualifying Transaction in accordance with our and the Merchant’s or Partner’s Payout rate and our and the Merchant’s Program or Partner’s terms for the relevant Transaction. Subject to the payment terms set forth herein, Lemonade will issue to you any positive balance in your account for Transactions reported for the previous period(s), together with any Cleared Funds, provided your account balance exceeds the required "Minimum Account Balance" (set by Lemonade at any time in its sole discretion) and you have a valid functioning Pay Pal account or other Lemonade supported merchant accounts (collectively, "Merchant Account(s)"). Lemonade shall have no obligation to make payment of any Payouts for which Lemonade has not received payment from the relevant Merchant or Partner of all monies due to Lemonade (including for all Payouts owed by such Merchant or Partner to all Operators) or if you do not have a valid working Merchant Account(s) and as further set forth herein. If Lemonade elects, in its own discretion, not to make payment to you for amounts not received from a Merchant or Partner, those amounts shall not be included in the Minimum Balance Amount. Payouts of certain funds may be withheld by Lemonade, in its sole discretion, to cover any Charge-backs or potential Charge-backs; provided that, Lemonade shall issue to you any such withheld sum(s) that remain in your account after such Charge-backs are satisfied and/or are no longer needed to be withheld to offset Charge-backs (such remaining sum(s), "Cleared Funds"), in accordance with the terms set forth herein.
You understand, acknowledge and agree that Payout(s) for certain Products may be lower, including no Payout(s), than the Payout(s) listed for such Product(s) and agree to unconditionally accept any such lesser Payout(s) as full payment and/or satisfaction without recourse.
If you dispute any payment made in connection with the Services, you must notify Lemonade in writing within thirty (30) days of any such payment. Failure to so notify Lemonade shall result in the waiver by you of any claims related to such disputed payment. The number or amount of Transactions, credits for Payouts, and debits for Charge-backs, as calculated by Lemonade, shall be final and binding on you. No other measurements or statistics of any kind shall be accepted by Lemonade or have any effect under these Additional Terms.
Notwithstanding, your recourse for any earned Payouts not paid to you shall be to make a claim against the relevant Merchant(s) or Partners, and Lemonade disclaims and you agree to hold Lemonade harmless from any and all liability for such payment
Lemonade reserves the right to change its payment terms at any time, upon prior notice to you, which may be sent by email or posted in your profile or on the Services.
Support for Operators is available on-line through the "Contact Us" area in the Lemonade Account Manager, which allows you to categorize and describe your issue.
Operator shall promptly defend, indemnify and hold the Lemonade Parties (as such term is defined in the TOS ) harmless from and against all claims, suits, demands, damages, liabilities, losses, penalties, interest, investigations, settlements and judgments, costs and expenses (including attorneys’ fees) as incurred, claimed or sustained, directly or indirectly as a result of (a) Operator’s breach of or non-compliance with these Additional Terms, (b) Operator’s violation of any law, rule or regulation or an alleged violation of law, rule or regulation by the Lemonade Parties, that is a direct or indirect result of Operator’s use of the Service(s), (c) Operator’s access to and/or use of the Service(s), (d) Operator’s participation in the Lemonade Stand Program, (e) any content, goods or services offered, sold or otherwise made available by Operator to any person or the Services, (f) Operator’s acts or omissions in using, displaying or distributing any links obtained from the Service(s) or elsewhere, (g) any claim that Lemonade is obligated to pay tax obligations in connection with payment made to Operator pursuant to these Additional Terms, and (h) any violation or alleged violation by Operator of any rights of another, including breach of a person’s or entity’s intellectual property rights or any other rights (each (a)-(h) individually is referred to hereinafter as a "Claim"). Should any Claim give rise to a duty of indemnification under this Section 14, the Lemonade Parties shall be entitled, at its/their own expense, and upon reasonable notice to Operator, to participate in the defense of such Claim. Participation in the defense shall not waive or reduce any of Operator’s obligations to indemnify or hold the Lemonade Parties harmless. Operator shall not settle any Claim without the Lemonade Parties prior written consent. Operator also shall indemnify for any reasonable attorneys’ fees or other costs as incurred by the Lemonade Parties in investigating or enforcing this Section 14. This section shall survive any termination of these Additional Terms.
(a) Term. These Additional Terms shall commence upon your indication that you have accepted these Additional Terms by providing the required information and ‘clicking through’ the acceptance button on the Lemonade Web site and shall continue until terminated in accordance with the terms of these Additional Terms.
(b) Termination. These Additional Terms may be terminated by either party upon 15 days notice. These Additional Terms may be terminated immediately upon notice for your breach or alleged breach of these Additional Terms or upon the request of any Merchant or Partner. Your account(s) and/or Lemonade Stand(s) may be deactivated during investigation of any breach or alleged breach of these Additional Terms or upon request from any Merchant or Partner. If these Additional Terms are terminated based upon your breach or alleged breach, you shall not be eligible to enter into a new click-through Additional Terms with Lemonade, and any attempt to do so shall be null and void. Upon termination of these Additional Terms, or in case of deactivation of your account(s) and/or Lemonade Stand(s), you shall no longer accrue Payouts in your account(s), including but not limited to subsequent sales and/or leads for click-throughs that occurred prior to termination. You are eligible to earn Payouts only on Transactions that occur during the term, and in accordance with the terms herein. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
(c) Termination/Modification of Programs and Offers. Merchant Programs and offers may be discontinued or modified at any time and for any reason with or without notice and without any liability whatsoever to the Lemonade Parties.
(d) Post-termination. Upon termination of these Additional Terms, any outstanding payments, not subject to good faith dispute, shall be paid by Lemonade to you within a reasonable time of the termination date to ensure that the correct amount is paid, and any outstanding debit balance shall be paid by you to Lemonade within 30 days of termination of these Additional Terms. All payments are subject to recovery for Charge-backs. Upon termination of these Additional Terms, any permissions or rights granted under these Additional Terms will terminate.
Except as provided elsewhere herein, both parties must send all notices relating to these Additional Terms to:
(i) for Lemonade, send to:
P.O. Box 445 South Norwalk, CT 06856 Attn: Legal Department
via registered mail, return receipt requested or via an internationally recognized express mail carrier to (effective upon actual and acknowledged receipt),
with a copy to Collen IP 80 South Highland Avenue Ossining, New York 10562, Attn: Matthew Wagner, Esq.
and, (ii) for you,
at the email or physical address listed on your account (effective upon sending the email) or five (5) days after mailing) or upon posting of such notice onto your Operator profile.
We may modify any of the terms and conditions contained in these Additional Terms, at any time and in our sole discretion, by posting a change notice or a new agreement on our Web site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THESE ADDITIONAL TERMS. YOUR CONTINUED PARTICIPATION IN THE LEMONADE STAND PROGRAM AND/OR ACCESS TO OR USE OF THE SERVICES FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
You and we are independent contractors, and nothing in these Additional Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your Lemonade Stand, through Promotions or otherwise, that reasonably would contradict anything in this Section.
notwithstanding anything else, In no event shall THE Lemonade PARTIES be liable TO YOU FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNATIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any claims arising in connection with your PARTICPATION IN THE LEMONADE STAND PROGRAM OR ACCESS TO OR use of the SERVICES must be brought within one (1) year of the date of the event giving rise to such action occurred. YOUR Remedies under these Additional Terms are exclusive and are limited to those expressly provided for in these Additional Terms.
WITHOUT LIMITING ANYTHING ELSE, our aggregate liability arising with respect to these Additional Terms and the Lemonade Stand Program shall not exceed the total Payouts OWED BY US to you under these Additional Terms.
NOTHING IN THESE ADDITIONAL TERMS, SHALL EXCLUDE OR LIMIT LEMONADE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE ADDITIONAL TERMS.
YOUR PARTICIPATION IN THE LEMONADE STAND PROGRAM AND YOUR ACCESS TO AND use of the Services is at your own risk. The Services are provided on an "as is" basis. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE LEMONADE PARTIES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE ADDITIONAL TERMS.
THE LEMONADE PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. withoutlimiting any of the foregoing, THE LEMONADE PARTIES make no express or implied warranties or representations with respect to the Lemonade Stand Program, the Services or any Products, services or links made available on or sold through the Lemonade Stand Program and the Services (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Services, including, but not limited to Lemonade Stands or any other site(s) will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. THE LEMONADE PARTIES DO NOT WARRANT THE RESULTS OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RESULTS OF ANY MERCHANT PROGRAM, OFFER, ADVERTISEMENT OR CAMPAIGN, AND YOU ASSUME ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): THE LEMONADE PARTIES MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON OR THROUGH THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. This section shall survive any termination of these Additional Terms.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE ADDITIONAL TERMS AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THESE ADDITIONAL TERMS OR OPERATE OR ENABLE OTHERS TO OPERATE LEMONADE STAND(S) THAT ARE SIMILAR TO OR COMPETE WITH YOUR LEMONADE STAND(S). YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE LEMONADE STAND PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPLICITLY SET FORTH IN THESE ADDITIONAL TERMS.
Notwithstanding anything else, these Additional Terms and your relationship with Lemonade hereunder, shall be governed by the laws of the State of Connecticut without regard to its conflict of laws provisions. You and Lemonade agree to submit to the exclusive jurisdiction of the courts located within the State of Connecticut to resolve any legal matter arising from these Additional Terms. Notwithstanding this, you agree that the Lemonade Parties shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You understand, acknowledge and agree that a printed version of these Additional Terms will be admissible in judicial and administrative proceedings based upon or relating to these Additional Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. Lemonade controls and operates its Web site from the USA and access or use where illegal is prohibited.
You may not assign these Additional Terms, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Additional Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of these Additional Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Additional Terms. All remedies set forth in these Additional Terms are cumulative and in addition to and not in lieu of any other remedy of the Lemonade Parties at law or in equity. If any part of these Additional Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Additional Terms will remain fully in force. Lemonade shall not bear responsibility or liability for any losses arising out of any delay in or interruptions of its performance of its obligations under these Additional Terms due to any act of God, act of governmental authority, act of the public enemy or due to war, terrorism, illness, riot, fire, flood, civil commotion, insurrection, labor difficulty (including, without limitation, any strike or other work stoppage or slowdown), severe or adverse weather conditions or other cause beyond the reasonable control of Lemonade. The terms and conditions providing for any activity following the termination or expiration of these Additional Terms, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of these Additional Terms, shall survive the termination or expiration of these Additional Terms.
