All Rights Reserved.

© 2018 Lemonayde

Previously OurPerfections

TERMS OF USE

 

Lemonayde and OurPerfections Terms of Use Agreement and Privacy Policy

 

Last Updated February 18 2018

 

SECTION 1.1 - ABOUT US

Lemonayde is an online social networking place offered primarily via a mobile application.  This community serves as an open place where people may independently connect with others who share similar health and other life experiences.  We maintain the App and Website for your personal enjoyment, and you must register with us in order to access the App and/or Website and/or make use of any Service(s) provided by/through the App and/or Website. 

 

SECTION 1.2 – THIS AGREEMENT

This Agreement applies to the mobile application named Lemonayde offered for use through the Apple App Store and Google Play App Store under to the legal entity OurPerfections, LLC.  The Lemonayde App is managed, operated and owned by OurPerfections, LLC.  Throughout this Agreement, the Lemonayde App may also be referred to as “OurPerfections”, “OurPerfections.com”, “Lemonayde”, “Lemonayde.com” and/or “App”. 

  

By creating a Lemonayde account and/or using the Lemonayde App, whether through a mobile device, mobile application or computer (collectively, the “Service”) you acknowledge that you have read the entirety of this Agreement and agree to be bound by the entirety of (i) these Terms of Use, (ii) our Privacy Policy (See Section 12 of this Agreement) and our Safety Tips (See Section 6 of this Agreement), and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, you are not permitted to use the Service.

 

We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Services under Settings and also on lemonaydeapp.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.

 

SECTION 2 - DEFINITIONS

As used in this Terms of Use Agreement (“Agreement”), the terms “Lemonayde”, “Lemonayde.com”, “Lemonayde App”, “OurPerfections.com”, “OurPerfections”, “OurPerfection.com”, “OurPerfection”, “Website”, “Site”, “App”, “Mobile Application”, “Application”, “Company”, “we”, “us” and “our” refer to the Lemonayde App and to the OurPerfections, LLC entity, and any successor, subsidiary, division, affiliate, affiliated service, business partner, partner, licensor, licensee, officer, manager, agent, employee, or service provider of the legal entity OurPerfections, LLC.

 

The Lemonayde App is a product/service offered, managed and owned by the legal entity OurPerfections, LLC.  Throughout this Agreement, the Lemonayde App may be referred to as OurPerfections, OurPerfections.com, Lemonayde and/or Lemonayde.com. 

 

The terms “Website”, “Site”, “App”, and “Mobile Application” are deemed to refer to any medium in which Services provided by Lemonayde App are delivered to a User.   The terms “Website”, “Site” and “App” are also deemed to refer to any mobile application or social media account (including but not limited to Twitter, Facebook, Instagram and Snapchat) affiliated with or offered by the Lemonayde App and/or OurPerfections.  This applies to any means used to access the App, including but not limited to, a computer, mobile device and/or mobile application. 

 

The terms “Service”, “Services” refer to any service or feature that is provided either directly or indirectly by/through the App and/or Website.

The terms “Members”, “Member”, “User”, “Users”, “you” and “your” refer to any person who accesses or views the App, whether or not said person is registered as a Member of the App; and any person who provides information to the App and/or Website in any capacity; and any person who participates in or makes use of any Service(s) provided by the App and/or Website in any manner, and any third party/person who participates in or makes use of any Service(s) provided by the App and/or Website in any manner, whether or not said person is familiar with the App and/or Website, and any other person who uses the App and/or Website and/or Services provided by the App and/or Website, whether or not said person pays for the Services.

 

The term “Post” refers to the action of providing any information, whether it be by writing, uploading, publishing, linking to, transmitting, recording, displaying, emailing, messaging, commenting or otherwise making available to Lemonayde App or any other Members, whether the information is provided on Lemonayde App; through a Service provided by/through Lemonayde App; or in person.

 

The term “Content” refers to any information (including but not limited to: photographs, prints, statements, advertisements, emails, instant messages, comments, graphics, videos, and video chats) provided by a Member, whether the information is provided on the App and/or Website; or through a Service provided by/through the App and/or Website; or in person. 

 

The term “Subscribed Member” refers to any Member of the App who has purchased a Subscription Plan, Premium Plan and/or Premium Feature through Lemonayde App.  In order to remain a Subscribed Member, you must continue to pay the required fees for the Subscription Plan, Premium Plan and/or premium feature you have selected.  If your Subscription Plan, Premium Plan and/or premium feature expires or if your Subscription Plan, Premium Plan and/or premium feature is canceled, revoked or terminated for any reason, you are no longer recognized as a Subscribed Member. 

The term “Free Member”, refers to any Member of the App and/or Website who has accessed the App and/or Website and/or uses any of the Services provided by/through the App and/or Website but is not a Subscribed Member.  

 

The term “Billing Account” refers to the method of payment (including but not limited to your credit card, debit card, PayPal Account) a Member provides to Lemonayde App.

 

SECTION 3 - ACCEPTANCE OF TERMS

This Terms of Use Agreement (the “Agreement’) and Privacy Policy (as set forth in Section 12 of this Agreement) sets forth the terms and conditions of your use of the Lemonayde App and Membership with Lemonayde App.  Please read this Agreement in its entirety prior to using this App and/or Website.  By accessing the Lemonayde App (the “App”) and/or making use of any Service(s) (the “Services”) provided by/through the App and/or Website, you agree to be bound by the terms and conditions of this Agreement, whether or not you are registered as a Member of the App and/or Website.  If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy set forth in Section 12 of this Agreement and the Safety Tips set forth in Section 6 of this Agreement, you are not permitted to access this App and/or Website or make use of any Service(s) provided by the App and/or Website.  If you have any questions regarding this Agreement or encounter any difficulties reading, understanding or interpreting any part of this Agreement, email Lemonayde App at team@lemonaydeapp.com before agreeing to the terms of this Agreement.  If you are unable to read, understand or interpret any part of this Agreement, you are not permitted to access this App and/or Website or make use of any Service(s) provided by/through this App and/or Website.  Please review this Agreement periodically as we reserve the right to modify it without notice.

 

SECTION 4 - ELIGIBILITY

You must be at least 18 years of age or older in order to access this App and/or Website.  By accepting the terms of this Agreement, you represent and warrant that you are 18 years of age or older and that you have the right, authority and capacity to enter into this Agreement and to abide by the terms of this Agreement.  While we may ask you sensitive questions during the membership application process, this is for verification purposes only. Any medical and health information you provide to us or other Members of this Site is voluntary.  We will not ask you for proof of your condition, medical records or any information protected from disclosure by HIPAA (Health Insurance Portability and Accountability Act).

 

We currently do not conduct health background checks, criminal background checks or screenings on our Members.  All Members must represent and warrant that they are 18 years of age or older, have never been convicted of a felony, are not required to register as a sex offender in any jurisdiction, and otherwise, have the legal capacity to enter into this Agreement.  We reserve the right to search public records for the purpose of conducting background checks and/or screenings at any time. 

 

You MAY NOT access this App and/or Website if you have ever been convicted of a felony or if you are required to register as a sex offender in any jurisdiction.  By accepting the terms of this Agreement, you represent and warrant that you have never been convicted of a felony and that you are not required by law to register as a sex offender in any jurisdiction.  You agree that you will use this App and/or Website consistent with all applicable laws and regulations.  Your continued eligibility to use this service is subject to any limitation, condition, and restriction established in this Agreement. 

 

SECTION 5 - YOUR SAFETY

You must give Lemonayde App accurate and complete information at all times, and consistently update your information to reflect any changes immediately upon knowledge of said changes.  Safeguard your personal information, and do not give your personal information or financial information to any other Members. You are solely responsible for maintaining the security of your account and password.  Please notify Lemonayde App of any unauthorized use of your account.  Use caution when accessing your profile from public computers.  Do not Post your full name, email address, URL, telephone number, residential or mailing address, financial information (credit card or bank account information) or any other personal information and/or contact information on the App and/or Website.  While we are not responsible for any harm to Members that may be caused as a result of inaccurate, misleading, or false Content provided by and attested to by other Members, if you become privy to information that you feel may be important for us to know, or you believe to be a violation of this Agreement, please email customer service immediately at team@lemonaydeapp.com so that we can take appropriate measures to correct the problem.

 

Please use precaution in your interactions with other Members. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS ON THE SITE. WE CURRENTLY DO NOT CONDUCT HEALTH BACKGROUND CHECKS, CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OUR MEMBERS.  WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF OUR MEMBERS OR ATTEMPT TO VERIFY ANY STATEMENTS OR INFORMATION PROVIDED BY OUR MEMBERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS.  WE DO RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK, HEALTH BACKGROUND CHECK OR ANY OTHER BACKGROUND CHECKS AND/OR SCREENINGS OF ANY MEMBER, AT ANY TIME.

 

LEMONAYDE APP IS NOT RESPONSIBLE FOR THE CONDUCT, BEHAVIOR OR ACTIONS OF ANY MEMBER. IN NO EVENT SHALL LEMONAYDE APP, ITS AFFILIATES OR ITS PARTNERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES IN ANY CAPACITY, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL DAMAGES THAT MAY ARISE OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY PERSON IN CONNECTION WITH THE USE OF THE APP AND/OR WEBSITE OR ANY SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE, INCLUDING BUT NOT LIMITED TO, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DIRECT OR INDIRECT DAMAGES RESULTING FROM YOUR OR ANYONE ELSE’S USE OF THE SITE OR COMMUNICATIONS OR MEETINGS WITH MEMBERS OR PERSONS YOU MEET THROUGH THE APP AND/OR WEBSITE OR THROUGH ANY OF THE SERVICES PROVIDED BY/THROUGH THE APP AND/OR WEBSITE, WHETHER SUCH COMMUNICATIONS OR MEETINGS OCCUR ONLINE OR IN-PERSON.  WE ARE NOT RESPONSIBLE FOR ANY HARM OR DISTRESS YOU MAY INCUR AS A RESULT OF YOUR OWN OR ANOTHER MEMBER’S INAPPROPRIATE OR HARMFUL CONDUCT OR CONTENT, WHETHER IT OCCURS ON LEMONAYDE APP OR IN PERSON. 

 

Please immediately report any inappropriate conduct, content, or occurrence that you believe to be in violation of this Agreement, by emailing team@lemonaydeapp.com so that we can try to address it, but please remember anything you disclose to us is at your own risk, and we are not responsible for any harm caused to you or by you as a result of  disclosing such information to us.

 

LEMONAYDE APP IS NOT RESPONSIBLE FOR ANY SELF-HARM THAT YOU MAY INCUR AS A RESULT OF YOUR OWN HARMFUL ACTIONS TOWARDS YOURSELF OF WHICH THE CAUSE MAY BE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF THE APP AND/OR WEBSITE OR ANY SERVICES PROVIDED BY/THROUGH THE APP AND/OR WEBSITE.

 

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU CHOOSE TO COMMUNICATE OFF THE APP AND/OR WEBSITE OR MEET IN PERSON, OR IF YOU DECIDE TO SEND OR GIVE MONEY TO ANOTHER MEMBER, WHETHER THIS ACTION OCCURS THROUGH THE APP AND/OR WEBSITE OR IN PERSON. IN ADDITION, YOU AGREE TO REVIEW AND FOLLOW THE SAFETY TIPS SET FORTH IN SECTION 6 OF THIS AGREEMENT PRIOR TO USING THE APP AND/OR THE SERVICES PROVIDED BY THIS APP AND/OR WEBSITE.

 

SECTION 6 – SAFETY TIPS

  1. Never give out your phone number or residential/mailing address to anyone before meeting that person (in-person) several times.  Please note that any information you choose to release to anyone

  2. If you decided to meet a Member in person, always plan the first several meetings in public places.

  3. Never hesitate to contact Lemonayde App to report a concern regarding another Member.

  4. Always trust your instincts.

  5. As much as possible, make full use of the commenting, messaging, chat and events features of the App before giving out any personal information, including but not limited to, your phone number, address or even your real name.

 

PLEASE NOTE THAT IF YOU COMMUNICATE WITH ANY MEMBER(S) OFF THE APP AND/OR WEBSITE OR MEET ANY MEMBER(S) IN PERSON OR RELEASE ANY PERSONAL OR FINANCIAL INFORMATION TO ANY MEMBER(S) INCLUDING BUT NOT LIMITED TO YOUR REAL NAME; PHONE NUMBER; MAILING/RESIDENTIAL ADDRESS; CREDIT CARD INFORMATION OR BANK ACCOUNT INFORMATION, YOU DO SO COMPLETELY AT YOUR OWN RISK AND LEMONAYDE APP BEARS NO RESPONSIBILITY FOR ANY HARM THAT YOU MAY INCUR DUE TO SUCH ACTIONS AS SET FORTH IN SECTION 5, SECTION 7 AND SECTION 9 OF THIS AGREEMENT.

 

SECTION 7 - USE OF THE SITE

Lemonayde App is not a matchmaker.  We are not obligated to suggest possible matches for you or share your information with other Members of the Site or share other Members’ information with you. While you may use this App and/or Website to communicate with other Members of the Site and attempt to find companionship, Lemonayde App is not responsible for any such outcomes and is not obligated to provide aid or assistance, in any capacity, to help you achieve any such outcomes.  We do not guarantee any particular outcome from using this App and/or Website and/or any of the Services provided by/through the App and/or Website.  You are solely responsible for any outcome you expect to achieve from accessing and using this Website and/or any of the Service(s) provided by/through this App and/or Website.  You are solely responsible for your conduct on the App and/or Website and for your interactions with other Members.  Lemonayde App makes no guarantees, either express or implied, of your ultimate compatibility or your safety with any other Members of the App and/or Website or any person you become in contact with as a result of using the App and/or Website or any of the Services provided by/through the App and/or Website. 

 

You must give Lemonayde App accurate and complete information at all times, and consistently update your information to reflect any changes immediately upon knowledge of said changes.

 

Lemonayde App may create test dating profiles for the purpose of testing the functionality of our Service and App and/or Website processes to improve service quality for our Members.

 

Conduct

By making use of Lemonayde App and any of its affiliate App, Websites and/or Services, you agree to conduct yourself in a lawful and appropriate manner. We do not actively monitor Member Postings, and we are not responsible to any Member for any unlawful or inappropriate conduct of other Members. However, we reserve the right to cancel any Member’s membership immediately if we determine that your conduct is or has been unlawful or inappropriate. You may not do any of the following, either directly or indirectly by encouraging others to do so:

 

  1. use this Site if you are under 18 years of age;

  2. falsely assert that you are 18 years of age or older in order to access the App and/or Website. We do not target or intend to attract minors. We will never knowingly collect personal information from minors or send them requests for personal information.

  3. use this Site if you have been convicted of a felony;

  4. use this Site if you are required to register as a sex offender in any jurisdiction;

  5. sexually exploit or solicit minor children under the age of 18 even if they falsely attest to being 18 years of age or older;

  6. discriminate against other Members on the basis of race, gender, age, sexual orientation, national origin, religious preference, medical/health condition;

  7. offend, harass, stalk, abuse or threaten other Members;

  8. transmit any Content that we consider in our sole discretion to be vulgar, offensive, obscene, pornographic, hateful, threatening, profane, lewd, lascivious, violent, false, misleading, defamatory, libelous or otherwise objectionable;

  9. promote illegal conduct or activities (including but not limited to obscenity, defamation, harassment, abuse, threats, piracy, hate crimes, drug use, or terrorism);

  10. provide instruction on conducting unlawful activities or provide links to such instruction;

  11. infringe on the intellectual property rights of others;

  12. use someone else’s account or impersonate any other person, including a representative of Lemonayde App;

  13. provide Lemonayde App with false, inaccurate or misleading information in any capacity, whether it be intentional or unintentional;

  14. register a shared Membership with anyone, or transfer your Membership to anyone else;

  15. or otherwise violate any applicable laws and/or regulations.

 

Content

Any advice, opinion, statement, information or Content Posted by a Member is solely that of the Posting Member.  Lemonayde App does not endorse such Postings, or guarantee the accuracy thereof, and we are not responsible for any loss or damage resulting from your reliance thereon.

 

You are solely responsible for any Content that you Post.  Any information you provide to Lemonayde App or to any other Member is done so at your own risk and discretion, whether the information was provided on the App and/or Website; or through a Service provided by/through the App and/or Website; or in person.  Lemonayde App is not responsible for any harm or distress that you may directly or indirectly incur as a result of any Content that you or any other Member(s) Post(s) to Lemonayde App, whether the Content was provided on the App and/or Website; or through a Service provided by/through the App and/or Website; or in person.  You may not Post Content that is or may be considered to be inaccurate, misleading, threatening, abusive, defamatory, offensive, obscene, harassing, or illegal, or violate the rights and/or safety of other Members. We are not responsible for any Content that violates this Agreement; however, we reserve the right to delete any Content that violates this Agreement or the rights of any Member, without notice or explanation.  Further, we reserve the right to cancel your membership upon discovery of such Content, without notice or explanation. 

 

Lemonayde App owns all intellectual property and proprietary rights in the Contents of Lemonayde App.  Unless we grant you written permission, or use information that is in the public domain, you may not use, copy, modify, distribute, transmit or sell any of the proprietary information contained on the Site.  You may not Post Content to the Site if you do not own or hold a license to use that Content.  Content includes, but is not limited to: photographs, prints, statements, advertisements, instant messages, graphics, videos, and video chats. When you Post Content to the Site, you grant Lemonayde App and its affiliates a non-exclusive, perpetual, worldwide, irrevocable, assignable, fully paid and royalty-free license to use, copy, reproduce, transmit, publish, display, and distribute this Content in any and all media or distribution methods without any further consent, notice and/or compensation to you or to any third parties. You represent and warrant that you have the authority to grant us such license, and you represent and warrant that the use of this Content will not infringe on the rights of any third party.

 

You may not use Lemonayde App or any of its affiliate App, Websites and/or services to advertise any goods or services, and you may not solicit funds, or Post any material containing such advertisements or solicitations.

 

You may not cause harm to this App and/or Website or its users by uploading any virus or malicious software, links, information or Content.

 

Violation and Termination

Lemonayde App does not monitor the Content and activities of its Members on the Site, and we are not obligated to delete Member profiles or Content.  However, we do reserve the right to delete any Content that violates this Agreement at any time. Violation of any of the above prohibitions and restrictions on conduct and activities on this Site may result in the removal of your Member information and the termination of your membership, in our sole discretion, with or without notice or explanation. If your membership is terminated due to violation of this Agreement, your membership fees will not be refunded under any circumstance.  In addition, where appropriate, Lemonayde App and its affiliates may report you to the applicable authorities.

 

Refusal of Service

Lemonayde App reserves the right to refuse service or access to this App and/or Website to any person for any reason at any time with or without notice and without any obligation to provide an explanation for such action.

 

Lemonayde App reserves the right to terminate, cancel or remove any Member accounts or profiles that exist on the App and/or Website for any reason at any time with or without notice and without any obligation to provide an explanation for such action. 

 

SECTION 8 – REGISTRATION, MEMBERSHIP, AND PRICING

You must register with Lemonayde App to access the App and/or Website or use any of the Services provided by the Site.  Once you have registered, you will automatically become a Free Member and may view other Member profiles and use certain Services provided by the App and/or Website.  However, other particular Services provided by the Site will not be available for use by Free Members and will be available for use only by Subscribed Members.  In order to become a Subscribed Member, please visit the Subscription section of the App and/or Website and pay the fees that are set out in the price list.  We reserve the right to change the subscription fees and/or the Services provided to Subscribed Members at any time with or without prior notice.  Please note, whether you are a Free Member or a Subscribed Member, you are bound by the same terms and conditions outlined in this Agreement.

 

You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and you must promptly notify Lemonayde App if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password).  If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.

 

You agree that all payments made on the App and/or Website are final, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will immediately email us at team@lemonaydeapp.com to resolve the issue. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank. You agree that you will pay any outstanding balance you have with Lemonayde App within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.

 

In order to provide continuous Service, Lemonayde App provides the option for automatic renewal. If the automatic renewal option or checkbox is selected during the payment process, Lemonayde App will automatically renew all paid subscriptions for the Services on the date such subscriptions expire. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals if you had selected the automatic renewal option. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the appropriate section on the App and/or Website and follow the directions contained therein.

 

Lemonayde App reserves to the right to refuse any requests for refunds. All purchases made on the App and/or Website are final. However, all Members reserved the right to request a refund.  All refunds will be handled on an individual basis.  If you choose to purchase a subscription package on the App and/or Website, you agree that absolutely no refunds, either full or partial, are obligated to be issued for any reasons or for any unused or remaining subscription.

 

When you cancel your membership with Lemonayde App or when your account is suspended for violating this Agreement or other policies, you agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused membership subscription and credits. Further, if your canceled Lemonayde App account is reinstated at a later date, you agree that any remaining or unused membership subscription and credits you have remaining at the time of your account cancellation will not be reinstated with your account.

Lemonayde App reserves the right to offer Free memberships or discounts to any person(s) of its choice at any given time, for any duration, while charging other Members, at the same time. Lemonayde App also reserves the right to cancel the Subscription of any of its Members at any time with or without notice or explanation of such cancellation.

 

If you decide to use a Third Party (i.e. Facebook) account to register with Lemonayde App it is your sole responsibility to keep your Third Party account details private at all times. Lemonayde App does not accept any liability for issues with your Third Party’s service, including any interruptions or faults or misuse or unauthorized use of your Third Party account details or personal data.

 

Cancellation of Subscription Plan

You may cancel your membership at any time, for any reason, by navigating to the appropriate section of the App and/or Website and following the instructions to downgrade or cancel your subscription.  If you have difficulty doing so, please contact us. Prepaid monthly payments are non-refundable and will not be prorated. Membership will terminate on the last day of the prepaid billing period. 

 

Refund Policy

You may cancel your membership at any time, for any reason, by clicking on the “Subscription” link found on the App and/or Website and following the instructions to downgrade or cancel your subscription.  If you have difficulty doing so, please contact us. Prepaid monthly payments are non-refundable and will not be prorated. Membership will terminate on the last day of the prepaid billing period.  If you were unsatisfied with your experience as a paid member, please give us a call and we will certainly do our best to accommodate.

 

Section 9 - DISCLAIMERS

You acknowledge and agree that neither Lemonayde App nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal harm, injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content Posted on the App and/or Website or provided in connection with the Services provided by/through the App and/or Website, whether caused by Members or any of the equipment or programming associated with or utilized in the App and/or Website or Service(s); (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Member; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Member communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any App and/or Website or combination thereof, including injury or damage to Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the App and/or Website and/or the Service(s) provided by/through the App and/or Website. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, LEMONAYDE APP PROVIDES THE APP AND/OR WEBSITE AND THE SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE APP AND/OR WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. LEMONAYDE DOES NOT REPRESENT OR WARRANT THAT THE APP AND/OR WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE APP AND/OR WEBSITE OR IN THE SERVICE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP AND/OR WEBSITE OR THE SERVICES PROVIDED BY/THROUGH THE APP AND/OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, MOBILE DEVICE, MOBILE APPLICATION, DOWNLOAD, OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR USE OF THE APP AND/OR WEBSITE. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE APP AND/OR WEBSITE OR THE SERVICES PROVIDED BY/THROUGH THE APP AND/OR WEBSITE.

 

At any desired time, Lemonayde may make third party opinions, advice, statements, offers, or other third party information or Content available on the App and/or Website and/or through the Service(s) provided by/through the App and/or Website. All third-party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such Content. LEMONAYDE DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE APP AND/OR WEBSITE OR THE SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE APP AND/OR WEBSITE OR ANY SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE. UNDER NO CIRCUMSTANCES WILL LEMONAYDE OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE APP AND/OR WEBSITE OR ANY SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE, OR TRANSMITTED TO OR BY ANY MEMBERS.

 

Any advice that may be Posted on the App and/or Website or through any Service(s) provided by/through the App and/or Website is for informational and entertainment purposes only and is not intended to replace or be a substitute for any professional financial, medical, legal, or other professional advice. Lemonayde makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the App and/or Website or any Service(s) provided by/through the App and/or Website. If you have specific concerns or a situation arises in which you require professional or medical advice, consult with an appropriately trained and qualified specialist.

 

Communications from us

You agree and consent to receive email messages, text messages and other communications from us.  Communications between you and our team may be recorded for quality assurance purposes. 

 

App, Website and Services Modifications

Lemonayde reserves the right at any time to modify or discontinue, temporarily or permanently, the App and/or Website or the Service(s) provided by/through the App and/or Website without notice. You agree that Lemonayde shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App and/or Website or any Service(s) provided by/through the App and/or Website. Lemonayde reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the App and/or Website or any Service(s) provided by/through the App and/or Website, without notice and without explanation.

 

Interactions with other Members

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT LEMONAYDE CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, HEALTH BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. LEMONAYDE ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. LEMONAYDE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. LEMONAYDE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

LEMONAYDE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER.  IN NO EVENT SHALL LEMONAYDE, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP AND/OR WEBSITE OR ANY SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE, INCLUDING BUT NOT LIMITED TO, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR OF ANYONE ELSE’S COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET AS A RESULT OF MAKING USE OF THE APP AND/OR WEBSITE OR ANY OF THE SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE, WHETHER SUCH COMMUNICATIONS OR MEETINGS OCCUR ONLINE OR IN-PERSON. .  WE ARE NOT RESPONSIBLE FOR ANY HARM OR DISTRESS YOU MAY INCUR AS A RESULT OF YOUR OWN OR ANOTHER MEMBER’S INAPPROPRIATE OR HARMFUL CONDUCT OR CONTENT, WHETHER IT OCCURS ON THE APP AND/OR WEBSITE OR IN PERSON.  YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE APP AND/OR WEBSITE OR MEET IN PERSON. IN ADDITION, YOU AGREE TO REVIEW AND FOLLOW LEMONAYDE'S SAFETY TIPS SET FORTH IN SECTION 6 OF THIS AGREEMENT, PRIOR TO USING THE SERVICE. YOU UNDERSTAND THAT LEMONAYDE MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY OR SAFETY WITH INDIVIDUALS YOU MEET THROUGH THE APP AND/OR WEBSITE OR THE SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE.  DO NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION), OR WIRE OR OTHERWISE SEND MONEY, TO OTHER MEMBERS.

 

Limitation on Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL LEMONAYDE, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, DIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF LEMONAYDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LEMONAYDE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO LEMONAYDE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE APP AND/OR WEBSITE OR ANY SERVICE(S) PROVIDED BY/THROUGH THE APP AND/OR WEBSITE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

 

Indemnity by you

You agree to indemnify and hold Lemonayde, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, demand, harm, injury, death including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any Postings or Content you Post on the App and/or Website or any Service(s) provided by/through the App and/or Website, and the violation of any law or regulation by you. Lemonayde reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lemonayde in connection therewith.

 

Entire Agreement; Other.

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately Posted for particular services or offers on the App and/or Website, contains the entire agreement between you and Lemonayde regarding the use of the App and/or Website and/or the Services provided by or through the App and/or Website.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Lemonayde to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or Contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Lemonayde in any manner.

 

Amendment.

This Agreement is subject to change by Lemonayde at any time with or without notice. The revised terms will be effective once Lemonayde has posted the revised Agreement on the App and/or Website and your use of the App and/or Website or Services provided by/through the App and/or Website after such Posting will constitute acceptance by you of the revised Agreement.  This Amendment clause applies to all Members, whether you are a Free Member or a Subscribed Member. Alternatively, if you terminate your subscription at such time, your use of the App and/or Website or any Services provided by/through the App and/or Website after your termination will constitute acceptance by you of the revised Agreement.

 

SECTION 10 - DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, YOU UNDERSTAND THAT THIS SERVICE AND ALL IMAGES, CONTENT, INFORMATION AND DOCUMENTS PROVIDED ON THIS APP AND/OR WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TITLE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, LEMONAYDE MAKES NO WARRANTY THAT:

 

  1. THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE;

  2. YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS OR RESULT IN ANY PARTICULAR OUTCOME;

  3. THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

  4. DEFECTS WILL BE CORRECTED, OR

  5. THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS THE USER'S RESPONSIBILITY TO ASCERTAIN WHETHER ANY INFORMATION DOWNLOADED FROM THIS APP AND/OR WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER ITEMS OF A POTENTIALLY DESTRUCTIVE NATURE.

 

SECTION 11 - COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT

If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this App and/or Website by contacting team@lemonaydeapp.com and providing the following information:

 

  1. Identification of the copyrighted work you believe to be infringed. Please describe the work, and where possible include a copy or the location of an authorized version of the work;

  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material;

  3. Your contact information;

  4. A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law;

  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Lemonayde’s agent for copyright issues relating to this App and/or Website may be contacted at team@lemonaydeapp.com.  Legal notices shall be served on you to the email address you have designated on your account. Alternatively, we may give you legal notice by mail to the registration address associated with your account, as identified in your profile. 

 

Governing Law

This Agreement shall be governed by the laws of the State of New York of the United States of America without regard to its conflict of laws principles.  Members irrevocably and unconditionally consent to the exclusive jurisdiction of the courts of the State of New York of the United States of America for any action, suit or proceeding arising out of or pertaining to this Agreement and all related transactions.

 

Arbitration

In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If a settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Arbitration Rules. The number of arbitrators shall be [one or three]. The place of arbitration shall be New York, New York. New York law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

SECTION 12 - PRIVACY POLICY

This Privacy Policy explains what information we collect, how we collect it and how we use it. Lemonayde respects your privacy, and your membership and release of information is completely voluntary. While we may ask you sensitive questions during the membership application process, this is for verification purposes only. Any medical and health information you provide to us or other Members of this Site is voluntary and at your own risk.  We will never ask you for proof of your medical condition or medical records, just your word.

 

The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically.  The Rule requires appropriate safeguards to protect the privacy of personal health information and sets limits and conditions on the uses and disclosures that may be made of such information without patient authorization. The Rule also gives patients rights over their health information, including rights to examine and obtain a copy of their health records and to request corrections. WE DO NOT ASK FOR, COLLECT, OR STORE ANY INFORMATION PROTECTED BY HIPAA.

 

Consent to Provide Identifying Information

You must register to become a Member with us before being given access to Lemonayde App and/or any Services provided by Lemonayde App. During registration, you will be asked to provide certain personal information.  The only personal information that we will have is that which you voluntarily provide to us.  Your consent shall be expressed, or implied by your use of the App and/or Website of any Services provided by/through the App and/or Website.

 

Collection of Information

We will try our best to limit the information we collect and use to only that which is necessary to provide you with excellent service.

Your identifying information may be collected when you provide it to us or through the use of optional surveys. We may also collect the Internet Protocol address (IP address) of your computer and/or Internet Service Provider. We may collect this information by using cookies to recognize you when you visit the Site from the recognized computer. If your browser permits, you may choose to decline cookies, but this may affect your ability to access features of the Site. 

 

 

 

In addition, please refer to https://www.lemonaydeapp.com/privacy-policy for a more detailed description of our Privacy Policy.  If you observe any discrepancies between the aforementioned web link and Section 12 of the Terms of Use Agreement, please notify us for clarification. 

 

SECTION 13 - CUSTOMER SERVICE

Lemonayde maintains an email-based customer support center at team@lemonaydeapp.com to accept and address your questions, concerns, or complaints. A customer support representative will respond to you as soon as possible, either by telephone, text message or email.  You may be required to provide us with personal information in order for us to verify your identity.  For example, if you need to make a change to your account, we will ask for personal information to verify that you are the account holder.  Your personal information may also be required to help us resolve or address any questions or any issues that you may have.  We will respond to all inquiries as soon as possible.  

 

[YOU HAVE READ THIS ENTIRE TERMS OF USE AGREEMENT AND PRIVACY POLICY AND AGREE TO ALL OF ITS PROVISIONS AND CONDITIONS. PLEASE SEE OUR SAFETY TIPS FOR ADDITIONAL DATING SAFETY INFORMATION]