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.
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.
Use of the Lemonhaze Services
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.
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.
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
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.
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.
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