PRIVACY POLICY AND TERMS OF SERVICE

PRIVACY POLICY

Last Updated: 2/3/24

SCOPE OF PRIVACY POLICY

Jenny Lemons, and its members, owners, employees, agents, subsidiaries, and affiliates (collectively, “Jenny Lemons” “Company,” “us,” and/or “we”) respect your privacy and are committed to protecting it through compliance with this Privacy Policy (“Policy”).  This Policy describes how we collect, use, protect, and share your information we receive online when you: visit our website www.jennylemons.com (“Website”), or social media or other online sites (e.g., Facebook, Instagram, Pinterest, Etsy); and communicate with us via text or email (collectively, our “Sites”). This Policy applies only to our online information gathering, and does not apply to offline activities or any third party websites or applications that may link or be accessible from our Sites.

Please note that our Website is hosted by Squarespace.  We therefore refer you to Squarespace’s Privacy Policy.  Jenny Lemons has no control over Squarespace’s privacy policies.

By accessing or visiting our Sites, you consent to the terms of this Policy (and any amendments), our use of cookies and other data collection technology, and how we collect, use, maintain, protect, and disclose information received from you. If you do not agree with our policies and practices, your choice is not to use our Sites and/or to opt out certain data collection processes as described below.

CHANGES TO OUR PRIVACY POLICY

We reserve the right to modify this Policy at any time, so please review it regularly for any changes.  If we make material changes to this Policy, we will notify you on the top of this page that it has been updated, and reflect the date it was last updated.

CONTACT US

Please contact our Privacy Compliance Officer if you have any questions or comments about this Policy or our privacy practices, at hello@jennylemons.com. You can also send inquiries to:

Privacy Compliance Officer

Jenny Lemons

3043 24th Street

San Francisco, CA 94110

hello@jennylemons.com

GEOGRAPHIC RESTRICTION

The Sites are not intended for users from the European Community.  Users from the European Community are prohibited from using our Sites.

CHILDREN UNDER 13

Our Sites are intended for a general adult audience and not targeted or intended for children under the age of 13.  Accordingly, we do not knowingly or intentionally collect personal information from children. If we learn that we have collected or received personal information from a child under 13, we will delete that information.  If you believe that a child has provided us with personal information, please contact our Privacy Compliance Officer at hello@jennylemons.com.

INFORMATION WE GATHER AND USE

Jenny Lemons collects certain user information to help us provide you a better service. We collect information directly from you, like when you create an account or make a purchase, and automatically as you interact through the Sites, including your computer’s internet protocol address.

Information You Give Us:  The term “Personal information” means information that is used to identify you as an individual person.  It may include first and last name, billing and shipping address, telephone number, credit card information, and/or email address. We collect Personal Information directly from you when you do any of the following:  

• Sign up for our rewards program;

• Entering a contest;

• Respond to surveys;

• Subscribe to our newsletter;

• Purchase our product or service;

• Communicate with us directly; and/or

• Report a problem or issue with our sites.

We also collect collect information about you through the transactions you carry out through our Sites and in the fulfillment of our services, and your preferences, special requests, and information about the devices used to complete the transaction.

Jenny Lemons offers users the ability to purchase goods or services. In the event you purchase goods or services requiring payment, we will request credit card or other payment account information. Payment is processed through third-party gateway providers (e.g., Squarespace, Stripe).  These gateway providers securely transfer your credit card information to our payment vendors, which is never stored on any of our servers.

All direct payment gateways adhere to PCI-DSS standards that are managed by the PCI Security Standards Council.  These standards and requirements help safeguard the secure handling of credit card information by us and its service providers. Third party service providers, such as payment gateways, adhere to their own privacy policies regarding the information we provide to them with respect to your purchase. We recommend that you read the privacy policies of these providers (Squarespace, Stripe) so that you can understand how your information is handled by them.

If you publicly provide, post, or share information about yourself on any public areas of our Sites, such as product reviews, social media, or blogs, that we may have, then it may be accessible to the general public, and you do so at your own risk. We cannot control the actions of other users of the Sites or what they may do with that information.

We will retain the Personal Information that you provide for so long as is necessary to fulfill its purpose.

Information Collected Automatically: When you browse and interact with our Sites, we may automatically collect information that does not personally identify you but that is about you and/or your equipment, through the use of data collection technology. We use this information to help us learn about your browser and operating system, to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking), to provide targeted ads, and to provide you with a personalized experience.

Automated information includes information about your computer’s internet protocol (IP) address, your location based upon your IP address, browser type, internet connection, domain name, operating system, the equipment you used to access our Site, gender, and usage details including specific pages you have browsed and time spent on those pages, the web page that you visited before accessing the Site, search terms, location data, and links on the Site that you clicked.  

We use various technologies to collect information, such as cookies and web beacons. A cookie is a small file placed on the hard drive of your computer.  Most browsers automatically accept cookies. If you prefer, you can set your browser to block them. However, if you select this setting you may be unable to access certain parts of our Website. Cookies do not give us access to your computer or identify you.  For more information about how to control cookies, click here.  Web beacons are small electronic files (also known as clear gifs, pixel tags, and single-pixel gifs) that convey information when a user visits the pages of our Sites and open an email. Web beacons permit us, for example, to count users who have visited those pages or identify who has opened an email, and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Third Party Analytical Tools and Advertising

We use analytical tools, such as Google Analytics, which uses cookies to track and analyze how users interact with our Sites, and the source of traffic to our Sites. You can find out more about how this tools use your data by clicking the links here: Google. You can opt out of making your site activity available to Google Analytics by installing the Google Analytics Opt-Out Browser Add-On found here.  

We may also use third party advertising services including Google AdWords, Facebook and Instagram. Using data technology like cookies and web beacons, these services may collect information, including personal information, about your activities over time and across different websites, and may provide us with that information. They may also use this information to provide you with targeted (interest based) ads on websites that you visit after visiting our website.

If you prefer, you can opt out of seeing these ads. For more information on opting out of Google Ads, click here. For more information on opting out of Facebook ads, click here. For more information about Instagram ads, click here. For more information about targeted ads, visit the Network Advertising Initiative (NAI) website here.  You can also learn about opting out of interested based ads at the NAI here. For more information about opting out of ads targeted to your mobile device, click here.  If you are accessing the Sites from Canada, please visit the DAAC opt-out page here.

Opting out of interest-based ads does not mean you will stop seeing ads. Rather, the ads will not be targeted to you based upon your interests.  Since these opt-outs are cookie based, you will need to repeat the opt-out procedures if you clear your cookies at any time.

We do not control these third parties’ tracking technologies, how they may be used, or the information they collect. This Policy does not govern the collection of information by those third parties.  We are not responsible for the privacy policies of these third parties. Please refer to the privacy policies of those companies to determine how they collect and use your information.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

DO NOT TRACK DISCLOSURE

Do Not Track (DNT) is a privacy setting in your web browser that when turned on, disables a web application from tracking a user.  See All About Do Not Track.  At this time there are no universal standards on recognizing DNT signals, and therefore, we do not respond to “Do Not Track” signals from your browser.

HOW WE USE YOUR INFORMATION

 We will never share or sell your Personal Information that specifically identifies you or information that is specifically related to your use of our Sites, other than for the purpose of administering our products and/or services, as detailed below.

Specifically, we use information that we collect about you or that you provide to us, including any personal information as follows: 

1. In the operation of our business;

2. To store information about your preferences and to facilitate and personalize your online experience;

3. To process and fulfill orders for our services;

4. To recognize you when you return to our Sites;

5. To administer customer accounts;

6. To notify you about our services, your account and/or changes to our Sites, products or services;

7. To provide you with promotional information about our products and/or services on our Sites, to attend marketing events, and/or to participate in promotional activities;

8. To help us analyze our Sites, products and/or services, and other market research;

9. To estimate audience size and usage patterns;

10. To provide you with targeted advertising based on your interests;

11. To provide you with an interactive social media experience;

12. To carry out our obligations arising from contracts entered into between us (e.g., billing); and

13. For any other lawful business purpose.

We may also aggregate the information we collect about a user which is maintained in personally identifiable form in combination with the other identifiers described herein (e.g., device identifier or geo location data). This information will be completely anonymous and could never be tracked to you.

If you do not wish to receive promotional materials from us, you may unsubscribe using the directions on any marketing material we send. You may also contact our Privacy Compliance Officer at hello@jennylemons.com. We may still send you administrative notices, however.

SHARING YOUR INFORMATION

We share your Personal Information with third party service providers and contractors who complete transactions or perform services on our behalf or for your benefit, including payment processing, marketing, analytics, and verifying data such as mailing addresses.

We may disclose your Personal Information for legal, business or safety reasons. For example, disclosure may be necessary to enforce our legal rights against you. We may also disclose such information to third parties in connection with claims, disputes or litigation, or to comply with any court order, law, or legal process, including to respond to any government or regulatory request. We may disclose Personal Information for auditing, compliance, and corporate governance functions. Disclosure may also be made to prevent fraud or other illegal activity against Jenny Lemons and/or others.

Your Personal Information may also be disclosed as a result of a business transfer. Disclosure may be made to a buyer or other successor in the event of a merger, consolidation, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Jenny Lemon’s stock or assets, or other corporate change, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Jenny Lemons about our Sites’ users is among the assets transferred, and/or as part of any due diligence process.

We may use, disclose, share and/or sell anonymous, aggregated information about our users, and information that does not specifically identify any individual, without restriction.  

INTERACTING WITH SOCIAL MEDIA ON OUR WEBSITE

We provide links to our social media platforms on our Website.  This Policy governs any interaction you have with these social media sites through our Website.

LINKS TO THIRD PARTY SITES

Our Sites may provide links to third party websites. Jenny Lemons is not responsible for the content, policies, or practices of those third party websites. We suggest you review the privacy policies of those third party websites for information about how they may collect your information.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send an email to our Privacy Compliance Officer, at hello@jennylemons.com to request access to, correct, amend, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.  You may unsubscribe to any emails by clicking the unsubscribe link at the bottom of each email.

 If you delete your posts in the public area of the Sites, copies of posts may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

 YOUR CALIFORNIA PRIVACY RIGHTS

 Subject to certain limitations, California residents are entitled to obtain, once a year, what information, if any, we shared with third parties for their direct marketing purposes (Cal. Civil Code Section § 1798.83).  Upon request, Jenny Lemons will provide you with a list of the categories of personal information disclosed to third parties, and the names and addresses of those third parties that received personal information during the preceding year. To make such a request, please send an email to: our Privacy Compliance Officer at hello@jennylemons.com.

SECURITY OF YOUR INFORMATION

Jenny Lemons takes the protection of your data seriously.  We take reasonable measures and use generally accepted industry security standards to help prevent unauthorized access to your information. However, no method of transmitting information over the Internet or storing information is one hundred percent secure.  Therefore, we cannot guarantee the absolute security of that information.

INTERNATIONAL LIMITATIONS

Your Personal Information may be transferred and/or maintained on servers located outside of your state, province and/or country where the privacy laws may not be as restrictive as they are in your jurisdiction.  If you are located outside of the United States and provide your Personal Information to us, we may transfer that information to the United States and process it there.

 

Mobile Terms of Service

Jenny Lemons

Last updated: Feb. 3, 2024

The Jenny Lemons mobile message service (the "Service") is operated by Jenny Lemons (“Jenny Lemons”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Jenny Lemons’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Jenny Lemons through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include specials, promotions, product launches, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Jenny Lemons. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18559203711 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Jenny Lemons mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18559203711 or email hello@jennylemons.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

WEBSITE TERMS OF SERVICE

Last Updated: 1/21/18

Overview and Acceptance of Use

Welcome to Jenny Lemons!  These Terms of Service govern your use when visiting or using the Jenny Lemons website, www.jennylemons.com (“Website”), and social media or other online sites (e.g., Facebook, Instagram, Pinterest, Etsy) (“Social Media”) (collectively, the “Services”). Jennie Lennick dba Jenny Lemons (“Company”) owns and operates the Services. Throughout these Terms of Service, the terms “Company,” “us,” and/or “we” refer to Jenny Lemons.

Jenny Lemons offers its Services, including all information, tools, features, technologies, software, services, products, content, and functionality, to you, the user, whether as a guest or registered user, conditioned upon your acceptance of all terms, policies and notices stated herein, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Services, including without limitation, users who are browsers, account users, vendors, customers, merchants, and/ or contributors of content.  Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, you accept and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then do not access or use the Services.

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Changes to Our Terms of Service

We reserve the right to modify these Terms of Service at any time, so please review them regularly for any changes. If we make material changes to the Terms of Service, we will notify you on the top of this page that it has been updated, and reflect the date it was last updated.

It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the Services shall also be subject to the Terms of Service. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

Age Requirement

Our Services are intended for users over the age of 18 and not targeted or intended for anyone under the age of 13. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

General Conditions

You may not use our Services for any illegal or unauthorized purpose, nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to refuse service to anyone for any reason at any time. You agree that you are responsible for all data charges you incur through use of the Services. A breach or violation of any of the Terms of Services will result in an immediate termination of your Services. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

Accuracy of Services

We are not responsible if information made available on or through the Services is not accurate, complete or current. The material on the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk.

We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. We reserve the right to withdraw or modify the Services, and any content, feature, or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You agree that it is your responsibility to monitor changes to our Services.  

Accounts

You may be asked to provide certain registration details or other information to access the Services or some of the resources they offer. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy [PRIVACY POLICY LINK], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

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

Intellectual Property Ownership

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, graphics, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws (collectively, the “Intellectual Property”). Other than expressly stated herein, there are no implied licenses granted under these Terms of Service.

Subject to these Terms of Service, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your personal, non-commercial use. The rights granted herein are subject to the following restrictions, except as otherwise expressly stated herein: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on our Services; (b) you shall not copy, reproduce, disseminate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, disassemble, reverse compile, reverse engineer, store, post, or transmit any of the material or content on our Services.

If you violate the Intellectual Property rights of the Company and/or and of these Terms of Service, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Services is a breach of these Terms of Services and may violate copyright, trademark, and other laws.

Trademark Rights and Linking

The Company is the owner of pending, registered and unregistered trademarks, trade dress and trade name appearing on the Services, including but not limited to the Jenny Lemons name and logo, and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.  

You may link to our homepage, so long as you do not imply or suggest any form of association, approval or endorsement on our behalf without our express written consent.

User Content

The Services may contain public message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and any other interactive feature that allows users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials (collectively “User Content”) on or through the Services.  All User Content must comply with the policies and standards set forth herein.

Any User Content you post will not be considered confidential or propriety. By posting User Content on the Services, you grant (and represent and warrant that you have the right to grant) to the Company, and its owners, members, parent, subsidiaries, affiliates, successors, assigns, licensors, service providers, and third party content providers an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, publicly perform, modify, create derivative works of, incorporate into other works, and otherwise use and exploit your User Content, with the right to sublicense, solely for the purposes of including your User Content in the Services.  You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

You agree that you User Content will not: (a) violate any third-party right, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other personal , intellectual property, or proprietary right; (b) contain libelous or otherwise unlawful, abusive, harassing, threatening, defamatory, vulgar, false, intentionally misleading, obscene, pornographic, or patently offensive material or promote racism, hatred, bigotry, or physical harm; (c) be harmful to minors; (d) contain any computer virus or other malware that could in any way affect the operation of the Services or any related website; or (e) be in violation of any law, regulation or restrictions of any third party.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any posts. You are solely responsible for any User Content you make and their accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.  

We may, but have no obligation to, review, investigate, and/or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You acknowledge and agree that you are responsible for any User Content you post, and you, and not the Company, has full responsible for such content, including its legality, reliability, accuracy and appropriateness.

You agree to indemnify and hold the Company, its parent, subsidiaries, affiliates, and their employees, agents, officers, directors, members, owners, successors, assigns, third party content providers, service providers, and licensors, harmless from any and all damages, claims, expenses, costs or fees (including attorney’s fees) arising from and/or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Procedure for claiming Copyright Infringement – DMCA Notice

The Company respects the intellectual property rights of others.  Users are responsible to making sure that any material they upload does not infringe upon the rights of others.  If you believe in good faith that someone has posted material on any of our Services that infringe upon your copyrighted material, please provide the information requested pursuant to our [Copyright Policy link], incorporated herein.

Links to Third Party Websites

Third-party links on the Services may direct you to third-party websites and social media platforms that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

The Company does not have control or responsibility over the content or operation of those websites.  You agree and acknowledge that the Company is not responsible or liable, directly or indirectly, for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its content: (a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts; (b) to violate any applicable federal, provincial or state regulations, rules, laws, local ordinances, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (c) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (d) to infringe upon or violate our Intellectual Property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to transmit, or procure the sending of, any advertising or promotional including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; (h) to phish, pharm, pretext, spider, crawl, or scrape; (i) to upload or transmit viruses, Trojan horses, worms, logic bombs, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related Services, other Services, or the Internet; (j) to collect or track the personal information of others; (k) for any obscene or immoral purpose; (l) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing; (m) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability; or (n) to interfere with or circumvent the security features of the Service or any related Services, other Services, or the Internet.

We reserve the right to terminate your use of the Services or any related Services for violating any provision of this Terms of Service.

Information We Collect About You

All information we collect about you when you use or visit the Services is subject to our Privacy Policy [Privacy Policy Link]. By using the Services, you consent to all actions taken by us and the terms and conditions of the Privacy Policy.

Disclaimer of Warranties and Limitation of Liabilities

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND CONTENT THEREIN IS AT YOUR OWN RISK. THE SERVICES AND CONTENT HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, SUCCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS MAKE ANY WARRANTY OR REPRESENTATION THAT THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE, RELIABLE, AVAILABLE, ERROR-FREE OR UNINTERRUPTED; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SERVICES MEET YOUR NEEDS OR EXPECTATIONS, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE FROM ANY VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS PARENT, SUBSIDIARIES, AFFILATES, OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, SUCCESSORS, ASSIGNS, THIRD PARTY CONTENT PROVIDERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, COST OF COVER, BUSINESS INTERRUPTION, LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SOCIAL MEDIA, AND/OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITIIY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIMITATION OF LIABILTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold harmless the Company, and its parent, subsidiaries, affiliates, partners, owners, members, officers, directors, agents, assignees, successors, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) made by any third-party due to or arising out of your violation of any law or the rights of a third-party, and/or your breach of these Terms of Service, or your use of the Services, including, but not limited to, your User Content, other than as expressly authorized in these Terms of Use.

 

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

These Terms of Service and any agreements, policies and/or operating rules posted by us on or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Misc. Provisions

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Time Limitation on Claims

You agree that any claim you may have arising out of the Services, these Terms or Service and/or your relationship with the Company must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law

Any claim, dispute, and/or legal proceeding relating to these Terms of Service, to any Service provided hereunder, to your use of the Services, (collectively, "Claims"), shall be governed by the laws of the State of California without regard to or application of conflict of law provisions.

Arbitration

PLEASE READ THIS ARBITRATION CLAUSE CAREFULLY.

Except for disputes relating to intellectual property rights, obligations, or any infringement claims, or disputes that qualify for small claims court, all Claims (defined under Governing Law), to the extent allowed by law, shall be submitted to confidential binding arbitration on an individual basis in San Francisco County, California through the American Arbitration Association, and you consent to personal jurisdiction, venue and forum without objection.  You agree that all such claims must be brought within one year after such claim arose, otherwise, your claim is permanently barred.

The AAA Consumer Arbitration Rules shall apply (www.adr.org). The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees), and shall pay an equal share of the fees and costs of arbitration.  The parties hereby waive their constitutional and statutory rights to go to court and have a trial before a judge or jury. All Claims within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class action basis, and claims of more than one user cannot be arbitrated or resolved jointly or consolidated with any other user.

Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in a court of competent jurisdiction, and you consent to the exclusive jurisdiction and venue of any state or federal court in San Francisco County, California.

Contact Us

Questions about the Terms of Service should be sent to our support team at hello@jennylemons.com. You can also send inquiries to:

 

Jenny Lemons

3043 24th Street

San Francisco, CA 94110