Lemon Skies provides our website found at www.lemonskies.app (the “website”) and our relaxation and spiritual development services via our website and our progressive web application (“App”) (all content and services provided by Lemon Skies are collectively referred to as “services”).
Changes to Terms and Conditions
Lemon Skies reserves the rights, in its sole discretion, to make changes or updates to the Terms at any time and will notify mailing list subscribers or general users through the Website or other methods of communication such as email. Your continuing use of the services constitutes your agreement to abide by the updated Terms.
Arbitration Notice and Class Action Waiver
Using the Service
Who is Eligible?
Lemon Skies is for people over the age of 18. People under the age of 18 should only use Lemon Skies with the involvement and consent of a parent or guardian.
Use of Personal Information
In order to use the services of Lemon Skies you are not obliged to give out any personal information. There is no requirement to set up an account.
Should you wish to make a financial donation you will need to provide your name, email address, and credit card information. It is important you provide us with accurate, up-to-date personal information.
In providing your credit card information you authorize us to provide your payment Information to third party service providers (Stripe) so we can complete your donation.
You acknowledge and agree that your financial donation is not contingent on the delivery of any future functionality or features, or dependent on any written public comments made by Lemon Skies regarding future functionality or features.
Device and Software Specifications
PLEASE NOTE –
Lemon Skies is designed exclusively for smart mobile phone or web browser use with a screen resolution no greater than 500×631. Above this resolution functionality will be limited or you will notified to use an applicable mobile device or reduce the width of your browser window (below 500×631) in order for full functionality of the Services.
Content and Content Rights
Subject to the terms laid out here, Lemon Skies grants you a limited, non-exclusive, non-transferable, non-sublicenseable and revocable license to access the Content and Services for personal and non-commercial use only.
All content that constitute the “Services” are owned by Lemon Skies (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. The content may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
The Services and content may only be accessed through the interface(s) that Lemon Skies has provided. You may not make any local copies of the Services or Content outside of the Software or App provided by the Lemon Skies.
Any unauthorized reproduction, publication, further distribution or public exhibition of the Lemon Skies Service is strictly prohibited. You may not copy, reproduce, record, upload, email, or make available to the public any part of the Lemon Skies Service or Content. You agree not to; test or scan the vulnerability of any of Lemon Skies software or networks, or breach any security measures; collect personal information from users of the Services.
Lemon Skies makes no warranty that the Services will meet your requirements. We make no representations or warranties of any kind, express or implied, about the accuracy, reliability, suitability or availability with respect to the Services at Lemon Skies.
You understand that in using the Services offered by Lemon Skies they are not intended as a substitute for medical care. The Services are not designed to treat or prevent any medical condition.
Lemon Skies Services contain binaural beats which can induce altered states of awareness. These services are not to be used while driving or operating heavy machinery. You understand and agree that you are solely responsible for your use of these Services.
If you have any pre-existing mental or psychiatric problems you should consult a doctor before using the Services.
The Services offered by Lemon Skies can induce altered states of awareness and ‘mystical’ experiences. Lemon Skies assumes no responsibility for the personal experiences the user may have while using the Services. You fully acknowledge and agree that Lemon Skies is in no way liable for any perceived negative consequences of using the Services.
General Terms and Conditions
You will indemnify and hold harmless Lemon Skies against any demands, claims, disputes, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content or (ii) your violation of these Terms.
Limitations and Warranties
Any dispute or claim relating in any way to your use of any part of Lemon Skies, or to any of its Products or Services will be resolved by binding arbitration, rather than in court. Please read the following carefully.
These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict of laws provisions.
(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and Lemon Skies are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Unless you and Lemon Skies otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Lemon Skies submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Lemon Skies. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Lemon Skies for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
(c) Authority of Arbitrator. The arbitrator will have exclusive authority to decide the jurisdiction of the arbitrator, including any unconscionability challenge or other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator shall also have the exclusive authority to determine the rights and liabilities, if any, of you and Lemon Skies. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Lemon Skies.
(d) Jury Trial Waiver. Except where not permitted by law, you and Lemon Skies waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and Lemon Skies elect to have claims and disputes resolved by arbitration. In any litigation between you and Lemon Skies over whether to vacate or enforce an arbitration award, you and Lemon Skies waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Lemon Skies AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Lemon Skies are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.
(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Lemon Skies can force the other to arbitrate. To opt-out, you must notify Lemon Skies in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Lemon Skies account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to the email addresses: info@Lemonskies.app
(g) Small Claims Court. Notwithstanding the foregoing, either you or Lemon Skies may bring an individual action in small claims court.
(h) Public Injunction Exclusion. Notwithstanding the foregoing, you may pursue a claim for public injunctive relief either in court or through arbitration.
(i) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Lemon Skies.
CHOICE OF LAW
Except to the extent they are preempted by U.S. federal law, the laws of Georgia, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.
Lemon Skies is designed to work only in Mobile view. Please view from a mobile device or reduce the width of your browser to simulate a mobile view.