Terms of Service

Lemonhaze, Inc owns and operates the lemonhaze.com website, and is the sole owner of Tetratrak, LLC which owns and operates the frontrunnerdata.com website. Lemonhaze, Inc and Tetratrak, LLC are collectively referred to as “Lemonhaze”, “us”, “we”, and “our.” YOUR USE OF THE LEMONHAZE.COM AND FRONTRUNNERDATA.COM WEBSITES (THE “SITES”) AND ANY SERVICES OFFERED BY THESE SITES (THE “SERVICES”) IS SUBJECT TO YOU AGREEING TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). YOUR USE OF THE SERVICES CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MANY NOT USE THE SERVICES.

Authorization

You hereby certify to Lemonhaze that (i) you are at least 21 years of age and, (ii) if you are agreeing to these Terms on behalf of a corporation or entity that you are duly authorized to bind such corporation or entity.

Registered Materials and License

As a condition to using certain Services (such as frontrunnerdata.com), you will be required to register. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. Upon registration, you will be provided with a login identifier (“Lemonhaze User ID”) and a password. We reserve the right to refuse registration (or cancel a Lemonhaze User ID) for any reason and in our sole discretion. You shall be responsible for maintaining the confidentiality of your Lemonhaze User ID and password. You may not assign or otherwise transfer your account for any reason, and you are not allowed to share your Lemonhaze User ID and/or password for any reason. You are fully and solely responsible for all activities that occur under your account, including but not limited to third party access to your account that results from theft or misappropriation of your Lemonhaze User ID. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.

Integration With Lemonhaze Systems By integrating your Sources with Lemonhaze’s systems, you expressly authorize us to access and use your Collected Data maintained by the Sources (as these terms are defined in the Privacy Policy). We will use the system access information you provide as part of your Provided Information to access to the Sources. For purposes of providing Collected Data to Lemonhaze, you grant us a limited power of attorney, and appoint us as your attorney in-fact and agent, to access Sources and retrieve and use your Collected Data with the full power and authority to do and perform each action necessary in connection with such activities, as you could do in person (including configuring Lemonhaze so that it is compatible with the Sources for which you submit your information). YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ARE ACCESSING AND RETRIEVING COLLECTED DATA, WE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT ACTING AS YOUR AGENT IF WE USE YOUR COLLECTED DATA (IN OUR LEMONHAZE STATISTICAL MODEL) TO GENERATE AND PROVIDE ESTIMATES OF PERFORMANCE TO OTHER LEMONHAZE SUBSCRIBERS. Specifically, we may access and include your Collected Data in the pool of data used by Lemonhaze to generate and provide estimates of sales performance (e.g., transactions, revenues), including across retailers, wholesalers, geographies and categories to subscribers of certain Services offered by Lemonhaze. Subscribers to Lemonhaze never receive your specific set of Collected Data in an identifiable form. You hereby acknowledge and consent to the use of your Collected Data in this manner by integrating your Sources with Lemonhaze’s systems. FOR THE AVOIDANCE OF DOUBT, THE ESTIMATES GENERATED BY OUR LEMONHAZE STATISTICAL MODEL (AND MADE AVAILABLE TO OTHERS) MAY INCLUDE PERFORMANCE ESTIMATES OF YOUR ASSETS / GOODS / PRODUCTS. These estimates are derived from aggregated pools of information that may include your Collected Data. Because they are generated by our Lemonhaze Statistical Model from aggregated pools of information and are only estimates, we consider these estimates regarding your products to be non-identifiable even though (a) the estimates may be very similar to the actual performance data you provide as part of your Collected Data and (b) the estimates may specifically name each product and or the name of the specific retailer or wholesaler. Except as described herein, your specific set of Collected Data will not be provided to a third party in an identifiable form without your consent, unless we conclude that it is required by law, such as to comply with a subpoena or similar legal process, or when we believe in good faith that disclosure is necessary to protect our rights, implement a change of control transaction, protect your safety or the safety of others, investigate fraud, or respond to a government request. You understand and agree that Lemonhaze may not be sponsored or endorsed by any third parties accessible through Lemonhaze. In addition to the foregoing, you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your Collected Data for internal purposes to operate and improve our Services for you and other customers, and to build and operate new services and products. A limited number of Lemonhaze employees (including those of third-party service providers authorized to carry out tasks on our behalf, as described in our Privacy Policy) may log in on your account in order to maintain the Services. Employees of Lemonhaze are required to sign a Non-Disclosure Agreement to ensure the privacy of your Collected Data and Source access information. Upon your request, we will delete your account and associated account information (such as your contact details, email addresses and Source access information). While we will immediately cease any future collection of your Collected Data upon deletion of your account, any Collected Data that has already been included in the pool of data used by our Lemonhaze Statistical Model will not be deleted. Additional information on our Deletion practices can be found in our Privacy Policy. You acknowledge and agree that you have the authorization, or have obtained the authorization, to grant us all the rights required in these Terms and our Privacy Policy, and that you have acted in accordance with your company policies.

Use of the Lemonhaze Services

In connection with your use of the Services, you agree that you will not: violate any local, state, provincial, national, or other law or regulation, or any order of a court; attempt to gain unauthorized access to any part of the Services or to any Lemonhaze computer systems or networks; infringe the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage any part of the Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use scripts, bots, spiders, or other automated mechanisms to collect information or otherwise interact with the Services without Lemonhaz’s express written permission; claim that Lemonhaze is endorsing or supporting your business, product or service without prior written approval by Lemonhaze User Submissions In the course of using the Services, you and other users may provide information (other than Collected Data and Source Account Information and Information, as defined in the Privacy Policy), such as posts and comments on our public blogs and forum, or artwork or other content associated with your asset / digital good / product, which may be used by us in connection with the Services and which may be visible to other users. You understand that by posting information or content on the Services or otherwise providing content, materials or information to us or in connection with the Services (collectively, “User Submissions”), you thereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use such User Submissions (including all related intellectual property rights) in connection with the Services and our (and our successors’ and assigns’) business, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to us does not affect your ownership of or right to grant additional non-exclusive licenses to the material in your User Submissions, unless otherwise agreed in writing. We reserve the right to remove any User Submissions from the Services at any time, for any reason. You, not us, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.

Intellectual Property

Content provided by Lemonhaze in the Services (“Content”) are the intellectual property and copyrighted work of Lemonhaze or third-party authors. All rights not expressly granted with respect to the Services and Content are hereby reserved. Lemonhaze may modify (or cease providing) the Services or Content at any time in Lemonhaze’s sole discretion. Content owned by third parties (including, without limitation, logos or trademarks) shall not be used by you for any purpose. Unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, prepare derivative works from, reverse engineer, disassemble or decompile or exploit any portion of the Services, our Content, code, or third-party Content without prior written consent from us or, upon our direction, from the respective owner of said material.

Indemnity

You agree to defend, indemnify and to hold harmless Lemonhaze and its affiliates, officers, directors, employees, customers and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of (i) your violation of these Terms, (ii) your violation of any laws or regulations or third-party rights, (iii) any Information or Collected Data you have submitted to us or (iv) any dispute you have or may have with other users or any third party. YOU SHOULD REVIEW THESE TERMS IN ACCORDANCE WITH YOUR COMPANY’S POLICIES TO CONFIRM THAT YOUR PROVISION OF CONSENT IS WITHIN YOUR AUTHORITY AND CONSISTENT WITH YOUR COMPANY’S POLICIES REGARDING YOUR COLLECTED DATA.

Termination of Your Use

Lemonhaze may, in its sole discretion, discontinue or limit your access to any part (or all) of the Services at any time, without notice. You agree that Lemonhaze shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Services.

Disclaimers

The Services may provide links to third-party websites or access to third-party content, products and/or services (“Third-Party Sites and Content”). Lemonhaze is not responsible for such Third-Party Sites and Content; you bear all risks associated with the access and/or use of such Third-Party Sites and Content. THE SITES, SERVICES, CONTENT, AND ANY THIRD-PARTY SITES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LEMONHAZE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. We attempt to have our Services available and operating effectively at most times but cannot guarantee that they will always be available. Our Services may become unavailable for a number of reasons, including, without limitation, the performance of maintenance, the implementation of new software, in emergency situations and/or due to equipment or telecommunications failures. While we attempt to prevent any loss of data, we do not provide any guarantee against any loss of data, including, without limitation, any loss of data due to equipment or telecommunication failures. We do not guarantee complete accuracy in all aspects of Services and Content at all times.

Limitation of Liability

IN NO EVENT SHALL LEMONHAZE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, ANY CONTENT, OR ANY THIRD-PARTY SITES AND CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, LEMONHAZE INC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL LEMONHAZE’S CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT PAID TO LEMONHAZE INC BY CUSTOMER FOR THE USE OF THE SERVICES OR $250, WHICHEVER IS LESS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

Privacy Policy

Lemonhaze's collection and use of information is governed by its Privacy Policy, available at and is fully incorporated herein by reference.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Lemonhaze shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Lemonhaze’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any portion of these Terms is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You represent and warrant that you not listed on any U.S. Government list of prohibited or restricted parties. We reserve the right to charge fees for any part of the Services at any time but will provide advance notice to you prior to any such fees coming into effect. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. Lemonhaze may transfer, assign or delegate these Terms and its rights and obligations without consent.

Promotional License

You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right to use your user name, company name, company logo, and any comments you make publicly or privately for promotional purposes (such as on our Sites, or on a third-party site) concerning your use of the Services (e.g., your use of Store Stats and/or Lemonhaze Inc Analytics) in our communications materials (website, presentations, etc.).

Governing Law and Venue

These Terms and all matters arising out of these Terms shall be construed and enforced exclusively in accordance with Washington State law without regard to choice of law provisions. Use of the Sites are not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Washington State before a single arbitrator, in accordance with the Federal Arbitration Act. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, unless otherwise required by law or judicial decision. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. The prevailing party in any such arbitration or litigation shall be entitled to recover its costs and reasonable attorney’s fees. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless agreed to by the parties, the arbitrator may not consolidate more than one individual’s claims and may not otherwise preside over any form of a representative or class proceeding.

Entire Agreement and Modifications to Terms

These Terms (with the exception of any Content Specific Terms that may additionally apply) are the entire statement of the terms that govern your use of the Services. LEMONHAZE RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CHANGE THESE TERMS FROM TIME TO TIME. THE MOST CURRENT VERSION OF THESE TERMS WILL SUPERSEDE PREVIOUS VERSIONS. PLEASE REVIEW THESE TERMS PERIODICALLY FOR CHANGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AFTER LEMONHAZE POSTS UPDATED TERMS WILL CONSTITUTE NOTICE OF, AND CONSENT TO, THE MODIFIED TERMS.