BY USING ANY PART OF THIS SITE, YOU ACCEPT WITHOUT QUALIFICATION THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS LISTED, YOU MUST STOP USING THIS SITE.
1. Use of the Site
Your use of this site may only be with compliance with these Terms and for noncommercial personal use. You are responsible for your own actions and communications and are responsible for the consequences of any communications to the Site. Do not use this Site for any other purpose aside from the intended without the permission and consent of Lemon Drop Gifts. You may not modify or distribute the contents of the Site without written permission of Lemon Drop Gifts. You may not in any way exploit, any of the content, in whole or in part, found on the Site. Members, by their use of the Site, agree not to use the Site, and specifically prohibit any use of the Site for: posting or communicating any material that infringes on any intellectual property, publicity or privacy right of another person or entity; posting untrue information; any actions or conduct that would constitute a criminal offense, civil liability, or that violates any laws or regulations; anything that attempts to gain access to or interfere with our security network or any other computer system.
You may not any automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. You may not use any such automated means to manipulate the Site. You may not take any action that disrupts or interferes with the Site or any other user's use of the Site, including but not limited to, crashing the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms.
2. Registration and Passwords
5. The Contract Between You And Us
By purchasing a package, you acknowledge that your package (number of boxes, months to be delivered, etc.) will be sent as you design it at the time of purchase. Lemon Drop does not operate under an auto-renew model, so when the last box of your purchased package arrives you shall not be automatically signed up for another round of packages; if you wish to repurchase, you must do so manually. You must specify which months you would like your boxes to arrive at the time of purchase, if you wish to change the schedule you must email or call us and we will make the changes subject to availability of the new month requested. To cancel your order at any time, you must email or call us and we will do it for you. We request that any cancellation of a box shipment be made by the last day of the month prior to the month that the box is scheduled to be sent. If you cancel your subscription less than 5 business days before your box shipment, your cancellation will be taken into account after you received your box and no refund can be provided. Lemon Drop Gifts may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Lemon Drop Gifts reasonably could actd by law.
6. Product Information; Limitation on Quantities
It is our priority to provide information that is complete and reliable on the Site, excluding any content which may be submitted by third parties, including Members, from time to time. which We may correct, without liability, certain information that may contain pricing errors, typographical errors and other errors or inaccuracies. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
7. Proprietary Rights
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Lemon Drop Gifts and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. Lemon Drop Gifts and the Lemon Drop Gifts logo are registered trademarks of Lemon Drop Gifts, LLC. All other trademarks are the property of their respective owners. All of our Site's content is Copyright 2014 Lemon Drop Gifts, LLC. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Lemon Drop Gifts.
8. Submitted Content
You grant Lemon Drop Gifts a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any content or materials or any part of such content or materials that you submit or post on the Site,. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Lemon Drop Gifts the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Lemon Drop Gifts will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, LEMON DROP GIFTS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Lemon Drop Gifts makes no warranties of any kind regarding any non-Lemon Drop Gifts sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Lemon Drop Gifts makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Lemon Drop Gifts sites. Lemon Drop Gifts does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product.
12. Limitation of Liability
IN NO EVENT SHALL LEMON DROP GIFTS, ITS SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF LEMON DROP GIFTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF LEMON DROP GIFTS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO LEMON DROP GIFTS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. Lemon Drop Gifts is not liable for any harms inflicted on an individual that may result from the products that are sold on the Site. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
13. International Use
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
15. Copyright Infringement; Notice and Take Down Procedures
Lemon Drop Gifts specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Lemon Drop Gifts will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following: firstname.lastname@example.org
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
17. Waiver; Remedies
The failure of Lemon Drop Gifts to partially or fully exercise any rights or the waiver of Lemon Drop Gifts of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Lemon Drop Gifts or be deemed a waiver by Lemon Drop Gifts of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Lemon Drop Gifts under these Terms and any other applicable agreement between you and Lemon Drop Gifts shall be cumulative, and the exercise of any such right or remedy shall not limit Lemon Drop Gifts’s right to exercise any other right or remedy.
18. Governing Law
The laws of the State of OREGON shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN OREGON FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
Questions: Should you have any questions regarding these Terms you may contact us at email@example.com.
If you access Lemon Drop Gifts and/or place an order through lemondropgifts.com, we will ask you for your name, e-mail address, billing address, telephone number and credit card information, along with the name and shipping address of your recipient, or certain other personally identifiable information about yourself ("Personal Information"). We use this information to process and fulfill your order and to notify you of your order status. Telephone numbers and e-mail addresses are used to contact you regarding your order. In addition, when you respond to a contest, survey, questionnaire, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other Personal Information. We do not collect any Personal Information about you unless it is voluntarily provided by you.
In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual ("Aggregate Information"). Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.
How We Use Your Information
If you submit your email address to be added to a mailing list or sweepstakes or other promotion, we will use the email address for the sole purpose of sending you announcements, special offers from Lemon Drop Gifts and its promotional partners along with site updates. Each email we send will contain information on how to unsubscribe from our mailing list. You can also unsubscribe by sending an email to firstname.lastname@example.org.
If you elect to use our referral services for informing a friend about our site, we ask you for the friend's name and email address. Lemon Drop Gifts will automatically send the friend a one-time email inviting them to visit the Site. Lemon Drop Gifts stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact Lemon Drop Gifts at to request the removal of this information from our database.
How We Protect Your Information
We are committed to protecting the information we receive from you. However, Lemon Drop Gifts will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken all commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, Lemon Drop Gifts cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their Personal Information may be intercepted in transit.
The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your device to our servers. In addition, only those employees and third parties who need access to your information in order to perform their duties are allowed such access.
Accessing and Updating Your Personal Information and Preferences
If you are a registered user, you may access and update your registration information and your preferences to receive email or other communications from us by sending an email to email@example.com.
We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.
While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.
Enforcement and Dispute Resolution
Children's Privacy and Parental Controls
This Site is not intended for persons under the age of 13, and we have no intention of collecting or soliciting Personal Information from persons under the age of 13. If you are not 13 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors. If a child under age 13 has provided us with Personal Information, we will use all reasonable efforts to delete such information from our database.
Links To Third Party Sites
Our Site may contain links to other web sites, including our affiliated or co-branded web sites. Other web sites may also reference or link to our Site. These "other" domains (web sites) are not controlled by Lemon Drop Gifts. We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.
Site Terms and Conditions
Use of this Site is governed by, and subject to, the legal notices contained in our Terms and Conditions. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THE TERMS LISTED, YOU MUST STOP USING THIS SITE.
United States of America