Welcome to lemonfellas.com! These terms and conditions ("Terms") form an agreement between you ("you," or "your,") and LemonFellas ("LemonFellas," "we," "us," or "our") and govern your use of our website, located at https://lemonfellas.com ("Site") and all features, content, functionality, and tools made available on or through the Site, (collectively with the Site, the "Services").
1. Acceptance
BY ACCEPTING THESE TERMS WHEN THEY ARE PRESENTED TO YOU OR BY OTHERWISE ACCESSING OUR SITE OR USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. Do not continue to our Site or Services if you do not agree to all of the Terms set forth herein.
2. Changes to the Terms
LemonFellas reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the "last updated" date.
If we choose to amend the Terms, we will update the "Last Updated Date" at the top of the Terms and post the updated version. By continuing to use the Site after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms.
Your Responsibility: You are expected to check this page regularly, so you are aware of any changes, as they are binding on you.
4. Access and Changes to the Site
Subject to your compliance with the Terms, LemonFellas grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Site for your own personal or internal business use only, and not for resale or third-party distribution.
Site Requirements & Modifications
- • In order to use the Site, you must have internet access
- • LemonFellas reserves the right to modify or discontinue the Site at any time
- • We may impose limits on your use of the Site or any features thereof
- • The Site is controlled and operated within the United States
You agree that LemonFellas has no obligation to provide any updates or to continue to provide or enable any particular Site features, functionality, tools or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance or deletions.
5. Site Use Restrictions
You must NOT:
- • Copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Site covered by copyrights, trademark, patent, or other intellectual property rights without prior express permission
- • Access, search, collect information from, or otherwise interact with the Site by "scraping," "crawling" or "spidering" the Site
- • Use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, LemonFellas's name, any LemonFellas trademark, logo or other proprietary information
- • Interfere with, disrupt, damage or compromise the Site or our systems or the access of any user, host or network in any way
- • Attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site
- • Create frames around our Webpages that alter in any way the visual presentation or appearance of our Site
- • Otherwise abuse the Site or breach the Terms
- • Attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing
LemonFellas reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Site by any user.
6. Intellectual Property Ownership
The Site is protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Site, and all intellectual property rights therein, are the exclusive property of LemonFellas and its licensors.
Restrictions on Use
You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Site, and you may not use the trade names, logos, and other trademarks and service marks associated with LemonFellas without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Site in any form or by any means, or sublicense the rights granted in the Terms.
Feedback
If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site ("Feedback"), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of LemonFellas. You hereby irrevocably transfer and assign to LemonFellas all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.
7. Disclaimers; Limitation of Liability
IMPORTANT DISCLAIMERS
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, LEMONFELLAS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. IN NO EVENT WILL LEMONFELLAS BE LIABLE FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
MAXIMUM LIABILITY: In the event that the foregoing limitation of liability is determined by a court to be unenforceable, LemonFellas's aggregate liability shall be limited to Ten U.S. Dollars (US$10).
Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold LemonFellas and its affiliates, licensors and service providers harmless from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees and litigation expenses and costs, arising out of or relating to your access to or use of the Site, your breach of the Terms, or your gross negligence or willful misconduct.
8. Dispute Resolution, Arbitration, Class-Action Waiver, and Jury Waiver
⚠️ IMPORTANT DISPUTE RESOLUTION NOTICE
This section contains important provisions about how disputes between you and LemonFellas will be resolved, including requirements for arbitration and waivers of class action rights. Please read carefully.
Disputes
The terms of this Section shall apply to all Disputes between you and LemonFellas. For the purposes of this Section, "Dispute" shall mean any dispute, claim, controversy or action between you and LemonFellas arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and LemonFellas, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis.
Opt-Out Period
You may elect to opt-out from arbitration within thirty (30) calendar days of your initial agreement to this Agreement by sending a written letter to LemonFellas.
Small Claims Court
You may bring an individual action in small claims court if the action is within that court's jurisdiction and is pending only in that court.
Dispute Notice Requirement
In the event of a Dispute, you or LemonFellas must first send to the other party a notice of the Dispute that includes a written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested.
Notice Address: The Dispute Notice to LemonFellas must be addressed to: LemonFellas, Attn: Office Manager, 5850 Canoga Ave 4th Floor, Woodland Hills, CA 91367
CLASS ACTION WAIVER
YOU AND LEMONFELLAS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
Arbitration Procedure
If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims.
Key Arbitration Details:
- • All Disputes shall be resolved by a single neutral arbitrator
- • Both parties shall have a reasonable opportunity to participate in arbitrator selection
- • The arbitrator is bound by the terms of this Agreement
- • The arbitrator has exclusive authority to resolve disputes arising from this Agreement
- • The arbitrator's award shall be binding and may be entered as a judgment in any court
Hearing Format & Fees
Unless otherwise agreed, the arbitration shall take place in California, but may proceed telephonically if the total claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
Arbitration Fees
LemonFellas will pay, or (if applicable) reimburse you, for all AAA filing, administration, and arbitration fees for any arbitration commenced pursuant to this Agreement. You are responsible for additional costs that you incur, including fees for attorneys or expert witnesses.
Exclusive Venue
LemonFellas and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts.
9. Miscellaneous
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between you and LemonFellas regarding your access to and use of the Site and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and LemonFellas regarding the subject matter hereof.
Assignment & Relationships
- • You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms
- • No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms
- • Any attempted assignment without consent will be null and void
Waivers & Severability
- • Our failure to exercise any right or enforce any obligation will not constitute a waiver
- • If any provision is found invalid, it will be enforced to the maximum extent permissible
- • Invalid provisions will not affect the validity of remaining provisions
- • Headings are for reference only and do not affect interpretation
Survival
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.
Questions About These Terms?
Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to:
Mailing Address
LemonFellas5850 Canoga Ave 4th Floor
Woodland Hills, CA 91367
If you have any questions or concerns about these Terms of Use, please contact LemonFellas at the information provided above.