Acceptance and Scope
These Terms of Use ("Terms") govern access to and use of lemonboy.co and webpages, forms, features, content, and services operated by Lemon Boy LLC ("Lemon Boy," "we," "us," or "our") that link to these Terms (collectively, the "Site").
By accessing or using the Site, you agree to comply with these Terms to the extent applicable to your use.
When a Site form requires you to check a box agreeing to the Lemon Boy Terms of Use, checking that box and submitting the form constitutes your electronic acceptance of these Terms.
If you do not agree with these Terms, do not submit a feature that requires acceptance and discontinue any use for which acceptance is required.
Eligibility and Age Requirements
Public informational portions of the Site may be viewed without signing up.
Signup, subscription, notification, account, rewards, newsletter, waitlist, and similar data-collection features are intended only for individuals 18 years of age or older.
By submitting an age-restricted form, you represent and warrant that you are at least 18 years old and that the information you submit is accurate and belongs to you or is provided with proper authorization.
Permitted Use
You may use the Site only for lawful personal or legitimate business purposes consistent with the functionality Lemon Boy makes available.
You are responsible for your conduct while using the Site and for information you submit.
Prohibited Conduct
You may not:
- Use the Site for unlawful, fraudulent, deceptive, abusive, or harmful activity
- Attempt unauthorized access to the Site, systems, servers, accounts, or data
- Interfere with Site operation, availability, performance, or security
- Introduce malware, malicious code, automated attacks, or harmful material
- Scrape, harvest, or collect personal information without authorization
- Impersonate Lemon Boy or another person or entity
- Submit false, misleading, infringing, defamatory, threatening, or unlawful content
- Use Lemon Boy intellectual property except as authorized by law or in writing
- Circumvent disabled functionality, eligibility requirements, technical restrictions, or security controls
- Use automated systems in a manner that places an unreasonable burden on the Site
Drop List, Notify Me, and Other Signups
Registration for the Drop List, Notify Me, early-access, newsletter, waitlist, or similar feature does not constitute a reservation, order, offer, purchase contract, guarantee of availability, guarantee of inventory, guarantee of a release date, or right to purchase any product.
Lemon Boy may modify, suspend, or discontinue a signup or notification program and may change a product, Drop, release date, restock plan, or availability before a binding transaction has been completed.
Communications
When you request Lemon Boy updates or notifications, you authorize Lemon Boy to use the contact information you provide for the communications you requested, subject to applicable law and the Privacy Policy.
Where required, Lemon Boy will provide or honor an appropriate method for opting out of future marketing communications.
Product Information and Availability
Lemon Boy may display products, merchandise, flavors, collaborations, Drops, event offerings, and other items on the Site.
Product descriptions, photographs, colors, sizes, variants, pricing, release status, availability, inventory, and dates may change.
Lemon Boy may correct errors, update information, modify availability, or discontinue a product or feature at any time before a binding transaction is completed.
Current Checkout and Commerce Status
Online payment processing, payment handoff, and production order fulfillment are not currently active through the Site.
Viewing a product, interacting with a cart or preview interface, joining a list, or requesting a notification does not create a completed purchase or payment obligation.
Lemon Boy may adopt additional checkout, payment, order, tax, inventory, shipping, refund, or fulfillment terms before online commerce is activated.
Contact and Business Inquiries
The Contact page may be used for event, pop-up, wholesale, retail, school, youth entrepreneurship, press, partnership, collaboration, and other inquiries.
Submitting an inquiry does not create a contract, booking, sponsorship, partnership, joint venture, agency relationship, wholesale or retail relationship, employment relationship, or other binding obligation.
Any binding business arrangement requires a separate agreement between the applicable parties.
Intellectual Property
The Site and its original content, including the Lemon Boy name, logos, trademarks, trade dress, branding, photographs, illustrations, graphics, designs, text, product names, product presentation, layout, and code, are owned by Lemon Boy or used with permission and may be protected by intellectual-property laws.
Except as permitted by law or expressly authorized in writing, you may not reproduce, modify, distribute, sell, license, commercially exploit, publicly display, or create derivative works from protected Lemon Boy materials.
No right, title, or interest in Lemon Boy intellectual property is transferred to you by use of the Site.
Feedback and Submissions
If you voluntarily provide general feedback, suggestions, comments, or ideas that are not subject to a separate written confidentiality agreement, Lemon Boy may review, evaluate, and use that feedback without creating an obligation to compensate you or enter into a business relationship.
Do not submit trade secrets, proprietary business concepts, or other information you expect Lemon Boy to keep confidential unless a separate written agreement establishes that obligation.
Third-Party Services and Links
The Site may use or link to independent form processors, social platforms, event sites, partners, retailers, service providers, or other third-party resources.
Lemon Boy does not control and is not responsible for the availability, security, content, terms, privacy practices, or operation of independent third-party services.
Site Availability and Modifications
Lemon Boy may modify, suspend, restrict, replace, or discontinue Site content or functionality at any time when reasonably necessary.
Lemon Boy does not guarantee continuous, uninterrupted, error-free, or completely secure access to the Site.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, LEMON BOY DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Lemon Boy does not warrant that the Site will always be available, accurate, complete, secure, uninterrupted, or free from errors or harmful components.
Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEMON BOY LLC AND ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEMON BOY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO LEMON BOY THROUGH THE SITE DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations do not apply to liability that cannot lawfully be excluded or limited.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Lemon Boy LLC and its owners, officers, employees, agents, contractors, and service providers from third-party claims, liabilities, damages, judgments, losses, and reasonable costs arising from:
- Your unlawful or unauthorized use of the Site
- Your material violation of these Terms
- Your intentional misuse of Site functionality
- Information or material you submit that violates another person's rights
Lemon Boy reserves the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate with that defense.
Suspension and Termination
Lemon Boy may restrict, suspend, or terminate access to Site features when reasonably necessary to address fraud, misuse, security concerns, legal requirements, or a material violation of these Terms.
Privacy
Lemon Boy's collection and handling of personal information is described in the Privacy Policy.
Shipping and Returns
If and when online ordering is enabled, eligible purchases will also be subject to the Lemon Boy Shipping & Returns policy and any product-specific terms presented before purchase.
Governing Law
Except to the extent federal law applies, these Terms and any dispute arising out of or relating to the Site, these Terms, or your relationship with Lemon Boy will be governed by the laws of the State of New York, without regard to conflict-of-law principles.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions below where applicable.
Informal Dispute Resolution
Before either party initiates arbitration or a lawsuit, the party asserting a dispute must provide the other party with written notice describing the nature of the dispute, the relevant facts, and the relief requested.
The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days after receipt of the notice.
A notice to Lemon Boy may be submitted through the Contact page and should clearly identify the communication as a legal dispute notice.
This requirement does not prevent either party from seeking temporary or emergency relief when reasonably necessary to prevent immediate harm, protect intellectual property, preserve evidence, or comply with an applicable limitations period.
Binding Individual Arbitration
EXCEPT FOR DISPUTES EXPRESSLY EXCLUDED BELOW, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LEMON BOY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, A SITE SIGNUP OR NOTIFICATION FEATURE, COMMUNICATIONS WITH LEMON BOY, OR THE RELATIONSHIP BETWEEN YOU AND LEMON BOY WILL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.
Arbitration will be administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules and applicable consumer fee schedule, unless another administrator is mutually agreed upon or required by law.
The arbitration may be conducted remotely, by telephone, by written submissions, or in person as permitted by the applicable rules and determined by the arbitrator.
The arbitrator may award the same individual remedies that would otherwise be available in court to the extent permitted by applicable law.
The arbitrator may resolve disputes concerning the interpretation or application of these Terms. A court of competent jurisdiction will determine whether an agreement to arbitrate was formed and whether the class-action waiver is enforceable unless applicable law requires otherwise.
Arbitration fees and costs will be allocated under the AAA Consumer Arbitration Rules, applicable fee schedule, and applicable law. Lemon Boy will not seek reimbursement from an individual consumer where reimbursement would be prohibited.
Exceptions to Arbitration
Either party may bring an eligible individual claim in small claims court instead of arbitration.
Lemon Boy may seek temporary, preliminary, or permanent injunctive relief in court when reasonably necessary to protect intellectual property, confidential information, Site security, systems, or property from unauthorized use or immediate harm.
Nothing in these Terms prevents either party from communicating with or filing a complaint before an appropriate governmental or regulatory authority where permitted by law.
Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LEMON BOY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE SUBJECT TO THESE TERMS THAT IS PERMITTED TO PROCEED IN COURT.
Class and Representative Action Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND LEMON BOY AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY MAY BRING, JOIN, CONSOLIDATE, OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING AGAINST THE OTHER PARTY, EXCEPT WHERE SUCH A WAIVER IS PROHIBITED BY APPLICABLE LAW.
An arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
If a court determines that a particular portion of this waiver cannot lawfully be enforced as to a specific claim or remedy, that claim or remedy will proceed in a court of competent jurisdiction after arbitrable claims have been resolved, unless applicable law requires otherwise.
Thirty-Day Arbitration Opt-Out
You may opt out of Sections 22 through 25 by providing Lemon Boy with written notice within thirty (30) days after the date you first accept these Terms.
The notice must include your name, the email address associated with your Lemon Boy interaction, and a clear statement that you are opting out of the arbitration agreement.
Until Lemon Boy designates a separate legal-notice address, an opt-out notice may be submitted through the Contact page. Begin the message with "ARBITRATION OPT-OUT."
A timely opt-out will not affect other provisions of these Terms or your ability to use otherwise available Site features.
Court Venue for Non-Arbitrable Disputes
For a dispute not required to be arbitrated and not brought in small claims court, you and Lemon Boy agree, to the fullest extent permitted by applicable law, to the exclusive jurisdiction of the state and federal courts located in New York County, New York.
Each party consents to personal jurisdiction and venue in those courts and waives objections based on inconvenient forum to the extent permitted by law.
Changes to These Terms
Lemon Boy may revise these Terms as the Site, business operations, services, or legal requirements change.
The Last Updated date identifies the current version.
If applicable law requires additional notice or renewed consent for a material change, Lemon Boy will provide that notice or obtain that consent as required.
General Terms
Entire Agreement
These Terms, together with policies expressly incorporated by reference, constitute the agreement governing your use of the applicable Site features unless a separate written agreement applies.
Severability
If any provision is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will continue in effect.
Dispute Provision Severability
If part of Sections 20 through 27 is found unenforceable, it will be severed or limited to the minimum extent necessary while the remaining dispute-resolution provisions remain effective, except where applicable law requires otherwise.
No Waiver
Lemon Boy's failure to enforce a provision does not waive its right to enforce that provision or another provision later.
Assignment
You may not assign or transfer rights or obligations under these Terms in a manner that imposes additional obligations on Lemon Boy without Lemon Boy's consent. Lemon Boy may assign these Terms in connection with a merger, acquisition, financing, reorganization, or transfer of all or part of its business.
Electronic Records
You agree that electronic acceptance, records, notices, and communications may satisfy legal requirements that such communications be in writing, to the extent permitted by law.
Survival
Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and general contractual provisions, will survive.
Contact Lemon Boy
Questions concerning these Terms may be submitted through the Lemon Boy Contact page.