Terms of Service
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.
Agreement
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 or use of all products, content, forums, 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.
Acceptance:
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. 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.
You must be at least 13 years of age to access the Service(s).
Privacy
You acknowledge that you; (i) have read Lemonade’s privacy policy at: http://www.lemonade.com/about/legal/privacy-policy/; 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.
Your Registration Obligations
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).
Member Account; Password Security
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.
License from Lemonade
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 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 right 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. All rights and licenses not explicitly set forth in these TOS are reserved.
Proprietary rights
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 by Lemonade and that you shall not disclose 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.
Content; User Submission Guidelines
You understand that all information, data, text, software, music, sound, photographs, graphics, artwork, skins, video, messages, content 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 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 or is otherwise objectionable to Lemonade in its sole discretion. 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).
Provision of the Services
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.
Accuracy
Products and services included on the Services may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Services. In addition, we may make changes in information about price and availability without notice.
Prices & Currency
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.
Modification or Termination of TOS
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.
Advertisements
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.
Third Party Links
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,
Mobile Services
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.
Sweepstakes and Contests
Lemonade may offer or co-sponsor various sweepstakes and contests through Services. For each contest, Lemonade may provide a list of the official rules at the time of participation.
EXCLUSION OF WARRANTIES
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.
LIMITATION OF LIABILITY
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 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.
Indemnity
By using this Service, you agree to promptly indemnify and hold the Lemonade Parties harmless from any claim, action, proceeding, investigation or demand, 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, your violation of these TOS, or your violation of any rights of another. This indemnity survives termination of these TOS.
Assignment
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.
Notice
Lemonade may provide you with notices, including those regarding changes to these TOS, by email, regular mail, or postings on the Services.
Waiver
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.
Severable
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.
Remedies
All remedies set forth in these TOS are cumulative and in addition to and not in lieu of any other remedy of the Lemonade Parties at law or in equity.
Choice of Law and Location for Resolving Disputes
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.
Survival
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.
Entire Agreement
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.
Additional Assistance
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 info@lemonade.com.
Last Modified: August 28, 2007
Agreement
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 or use of all products, content, forums, 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.
Acceptance:
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. 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.
You must be at least 13 years of age to access the Service(s).
Privacy
You acknowledge that you; (i) have read Lemonade’s privacy policy at: http://www.lemonade.com/about/legal/privacy-policy/; 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.
Your Registration Obligations
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).
Member Account; Password Security
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.
License from Lemonade
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 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 right 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. All rights and licenses not explicitly set forth in these TOS are reserved.
Proprietary rights
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 by Lemonade and that you shall not disclose 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.
Content; User Submission Guidelines
You understand that all information, data, text, software, music, sound, photographs, graphics, artwork, skins, video, messages, content 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 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 or is otherwise objectionable to Lemonade in its sole discretion. 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).
Provision of the Services
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.
Accuracy
Products and services included on the Services may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Services. In addition, we may make changes in information about price and availability without notice.
Prices & Currency
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.
Modification or Termination of TOS
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.
Advertisements
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.
Third Party Links
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,
Mobile Services
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.
Sweepstakes and Contests
Lemonade may offer or co-sponsor various sweepstakes and contests through Services. For each contest, Lemonade may provide a list of the official rules at the time of participation.
EXCLUSION OF WARRANTIES
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.
LIMITATION OF LIABILITY
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 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.
Indemnity
By using this Service, you agree to promptly indemnify and hold the Lemonade Parties harmless from any claim, action, proceeding, investigation or demand, 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, your violation of these TOS, or your violation of any rights of another. This indemnity survives termination of these TOS.
Assignment
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.
Notice
Lemonade may provide you with notices, including those regarding changes to these TOS, by email, regular mail, or postings on the Services.
Waiver
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.
Severable
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.
Remedies
All remedies set forth in these TOS are cumulative and in addition to and not in lieu of any other remedy of the Lemonade Parties at law or in equity.
Choice of Law and Location for Resolving Disputes
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.
Survival
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.
Entire Agreement
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.
Additional Assistance
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 info@lemonade.com.
Last Modified: August 28, 2007