terms + conditions
These Terms & Conditions apply to the Luxe & Lemons application including, without limitation, the web app (collectively, the "App"). As used in these Terms & Conditions, "Luxe & Lemons", "us", or "we" refers to Luxe and Lemons, LLC and its subsidiaries and affiliates.
YOUR USE OF THE APP IS GOVERNED BY THESE TERMS & CONDITIONS
BY ACCESSING OR OTHERWISE USING THE APP, YOU AGREE TO THESE TERMS & CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the App through the use of browsers, crawlers, robots, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the App and bound by these Terms & Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the App.
If you place an order through the App, you are responsible for ensuring that your order is correct and you have designated the proper receival option for pick-up and/or address for delivery. You may only place orders if you are at least 18 years old.
If you are paying with by credit card, we will charge your credit card prior to delivery or pick-up. In either case, if your order is modified prior to pick-up or delivery, any overage will be charged to your credit card.
You may cancel your order up to 15 minutes for both pick up and delivery options after the order has been placed. You can cancel by emailing email@example.com. After cancellation window, you will be charged for your order whether or not you pick it up and the amount paid will not be refunded for any reason. If you do not pick up your order for any reason you will be charged for your order.
We will attempt to deliver your order as soon as possible. We reserve the right not to deliver: outside our designated delivery times; outside our delivery zone; in inclement weather or dangerous driving conditions; to minors; to customers in public establishments; or in those instances in which we believe our delivery would conflict with, compromise or affect our business. If we are unable to deliver your order because you provided an inaccurate address, you will be charged for your order, even if we are unable to deliver your order. If you request that your order be left at your door or another location, you will be charged, and we will have no further liability for loss of product, spoilage, theft, infestation or damage caused by others, for any delivery left in the specified location. If you request that your order be delivered to you personally and we are unable to locate you at the address provided, we will attempt to contact you by phone or SMS. If you are not at the designated location at the time of delivery and we are unable to contact you, you will be charged for your order.
Third Party Shipping Service
If your order is shipped by a third party, you acknowledge that we use a third party delivery service (collectively, the "Delivery Services") to deliver your order. When you place your order with us, we will provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service so that they may deliver your order to you. In addition, we may provide other information to the Delivery Service, such as information regarding comments, reviews or ratings we receive from you regarding the Delivery Service to help improve the quality of their service.
All prices shown on the App are subject to change at any time without notice. The price available through the App reflects the price available at the current time and supersedes any and all prior prices for any product or plan. We may offer promotional pricing, frequency discounts, incentive pricing, loyalty discounts and other alternative pricing structures for some or all of our subscription plans to some or all of our customers from time to time in our discretion. We reserve the right to discontinue, modify or extend such pricing in our discretion without prior notice to you.
Deliveries and Food Safety
You are responsible for inspecting all meals for any damage or other issues at time of delivery. In addition, you are solely responsible for determining the freshness of the meals you receive at time of delivery. If you are unsure of delivery time, contact us at firstname.lastname@example.org, and our customer service team can provide the exact delivery time via our gps delivery software that tracks our drivers. We recommend that you use a thermometer to ensure that the internal temperature of any meat, poultry or seafood product is 40° F or below. In the unlikely event that such temperature is above
40° F at time of delivery, or you have any other reason to believe that any other item in your delivery or purchase is not suitable for consumption at time of delivery, contact us at email@example.com and discard the item. To maintain the quality and integrity of our meals, we recommend that you immediately refrigerate all perishable items upon delivery or purchase and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
All Luxe and Lemons production facilities actively store, portion, and distribute ingredients that contain seven (7) major food allergens determined by the U.S. Food and Drug Administration (“FDA”) (milk, egg, soy, fish, shellfish, peanuts and tree nuts). While L&L takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit which may cause meals or other products offered to contain some or all of those allergens. If you suspect that you have an allergic reaction or other adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information provided by Luxe and Lemons may differ from the nutritional information published.
All right, title and interest in the App, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Luxe and Lemons or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the App, in whole or in part.
All content included on the App, such as text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively "Content") is owned or licensed property of Luxe and Lemons or its licensors and is protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
Luxe and Lemons and the Luxe and Lemons logos and other related marks, design marks, product names, feature names and related logos used in the App are trademarks of Luxe and Lemons and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of Luxe and Lemons. In addition, the look and feel of the App constitutes the service mark, trademark and/or trade dress of Luxe and Lemons and may not be copied imitated or used, in whole or in part, without the express prior written permission of Luxe and Lemons. Luxe and Lemons' trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages Luxe and Lemons or suggests a sponsorship, affiliation or endorsement by Luxe and Lemons.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
UNLAWFUL OR PROHIBITED USES
The App may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this App, you warrant to Luxe and Lemons that you will not use the App for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of Luxe and Lemons, YOU MAY NOT:
a. Make any commercial use of the App or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
b. download, copy, or transmit any Content for the benefit of any other merchant;
c. use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the App;
d. frame, mirror, or use framing techniques on any part of the App;
e. make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing App content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
f. use any meta tags or any other hidden text utilizing Luxe and Lemon’s name or trademarks;
g. misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the App, or express or imply that we endorse any statement you make;
h. use a buying agent to conduct transactions on the App;
i. conduct fraudulent activities on the App;
j. violate or attempt to violate the security of the App, including, without limitation:
i. accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
ii. trying to change the functionality of the App;
iii. attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures;
iv. attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the App, overloading, "flooding," "spamming," "mailbombing", or "crashing";
v. forging any header or any part of the header information in any e-mail or posting; or
vi. forging communications on behalf of the App (impersonating the App) or to the App (impersonating another user);
k. send unsolicited or unauthorized email on behalf of Luxe and Lemons, including promotions and/or advertising of products or services;
l. tamper with the App or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the App or any activity being conducted on the App;
m. use the App to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity;
n. harvest or collect personally identifiable information about other users of the App;
o. restrict or inhibit any other person from using the App (including, without limitation, by hacking or defacing any portion of the App);
p. use the App to advertise or offer to sell or buy (other than from Luxe and Lemons) any goods or services;
q. reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the App;
r. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App; or
s. remove any copyright, trademark, or other proprietary rights notice from the App or materials originating from the App.
MODIFICATION AND TERMINATION
Luxe and Lemons may at any time: (i) modify or discontinue any part of the App; or (ii) offer opportunities to some or all App users. Luxe and Lemons reserves the right to make changes to these Terms & Conditions at any time. Each time you use the App, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms & Conditions. Your continued use of the App will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the App will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Luxe and Lemons reserves the right, without notice and in its sole discretion, to terminate your account or your use of the App and to block or prevent future access to and use of the App (i) if you violate any of these Terms & Conditions, (ii) for any other reason. Upon any such termination, your right to use the App will cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the App. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, and all representations and warranties, all limitations of liability, and all indemnities, shall survive such termination.
LINKS TO THIRD PARTIES
The App may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers' applications. Luxe and Lemons is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the App to communicate with any such application or otherwise visiting any such application, Luxe and Lemons strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on the App do not constitute an endorsement by Luxe and Lemons of such third party application. Other applications may link to the App with or without our authorization, and we may block any links to or from the applications, in our sole discretion. Your use of third party applications and resources is at your own risk.
Luxe and Lemons recognizes that the protection of privacy is a major concern to many of our customers and wants you to know how we acquire personal information through the App and how we use, share and protect that information. By using this App, you are consenting to the information collection, use and disclosure practices described below.
Types of Information Gathered
We may gather personal information (i) that you give to us voluntarily while using the App (ii) when you purchase, order, return, exchange or request information about our products and services while using the App; (iii) when you participate in interactive features of the App (iv) when you sign up for our e-mails, mobile messages, or social media notifications as described in the section titled "Social Media Notification" below; (v) when you enter a contest or sweepstakes, respond to one of our surveys, or participate in a focus group as described in more detail under the section titled "Surveys and Polls" below; or (vi) when you provide us with comments, suggestions, or other input.
Use of Information
We may use information gathered through the App to: (i) fulfill and manage purchases, orders, payments, returns, exchanges and requests for information, including, without limitation, provide your name, address, contact information, including phone number, and information regarding your order to the Delivery Service for use in performing any of the foregoing services; (ii) deliver coupons, mobile coupons, newsletters, in-store messages, emails and mobile messages including, for example, by push notification or other mobile communications; (iii) send marketing communications and other information regarding products, services and promotions; (iv) improve the effectiveness of our App, website, stores, mobile experience and marketing efforts; (v) conduct research and analysis, including focus groups and surveys; (vi) administer sweepstakes and contests; (vii) prevent fraudulent transactions and monitor against theft.
Sharing of Information
We will not sell or otherwise share personally identifying information with other people or non affiliated companies except for those purposes described above, or as required by law. However, we will share this information with certain business partners, including without limitation, the Delivery Services, to provide requested services that we do not provide directly.
In addition, we may share aggregate data collected through the App that does not personally identify any party with our research partner, and may from time to time share this type of data with other business partners, including the Delivery Services.
We have attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this App. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our App, and you do so at your own risk.
DISCLAIMERS OF WARRANTIES
Luxe and Lemons cannot and does not represent or warrant that the App will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES, SUCH AS DELIVERY SERVICES, THROUGH THE APP, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS OR SERVICES. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT OR SERVICE REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY LUXE AND LEMONS.
IF NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE APP, LUXE AND LEMONS DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PRESENTED THROUGH OUR APP AND YOU SHOULD CONSULT EACH PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
IF THE APP INCLUDES HEALTHCARE OR NUTRITIONAL INFORMATION, THAT INFORMATION IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.
We provide information through the App for your information and enjoyment. Your use of the App is strictly voluntary. Because some of the information in the App may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the App, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue Luxe and Lemons, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by Luxe and Lemons through the App.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LUXE AND LEMONS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF LUXE AND LEMONS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND LUXE AND LEMONS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LUXE AND LEMONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE APP, ANY CONTENT ON THE APP, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the App, you agree to defend, indemnify, and hold harmless Luxe and Lemons and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the App, including, without limitation, any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices Luxe and Lemons sends to you, you consent to receive notices and other communications by Luxe and Lemons including posting notices on the App, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Luxe and Lemons provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the App or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE APP AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO, UNITED STATES OF AMERICA, WITHOUT REGARD TO OHIO’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR CENTRAL OHIO, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR CENTRAL OHIO, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF OHIO LOCATED IN FRANKLIN COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE APP AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Luxe and Lemons with respect to the App and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the App. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about Luxe and Lemons or your use of the App, please contact us at firstname.lastname@example.org with a detailed description, and we will try to resolve it.
Last Updated: June 1, 2023