Terms Of Service
This is a legal Contract ("Contract") between you and KJLEMON, LLC., a California a limited liability company ("KJLEMON ", “us”, “our”, or “we”), which may be contacted at PO BOX 7180, MORENO VALLEY, CA 92552. This Contract applies to the access and use of the KJLEMON website, KJLEMON .com, , including the website’s mobile and online versions (the “Website”) and to the download and use of any of our applications (including iOS and Android applications) accessible in the United States (the ”Applications”), and registration to or use of any of the services provided by us through the aforementioned platforms (collectively, with the Website and Applications, each, a “Service” or the “Services”). By using any of the Services, you agree to, and are bound by, these terms and conditions of service of this Contract (including the Privacy Policy) for as long as you continue to use the Services.
IF YOU DO NOT AGREE TO BE BOUND BY THIS CONTRACT, DO NOT USE THE SERVICES.
Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Contract or will be presented to you for your acceptance when you sign up to use such Services and which are incorporated into and form part of this Contract.
The KJLEMON provides services consist of the following, without limitation: a Service for single or married people seeking romantic relationships (the “Dating Service”). KJLEMON may offer new services or revise any of the Services, at its discretion, and this Contract will apply to all additional services or revised Services. KJLEMON also reserves the right to cease offering any of the Services.
This Contract is subject to change by KJLEMON in its sole discretion at any time. We will notify you of any such changes by posting an updated version of the Contract on this page. Your continued use of the Services after the posting of revisions to this Contract will constitute your acceptance of such revisions. Please consult the end of this Contract to determine when the Contract was last revised.
1. Eligibility
a. Minimum Age. You must be at least 18 years old to register for the Services. By using the Dating Service, you represent and warrant that you are at least 18 years old or a legal age under the law of the country you are residing in, whichever is higher.
b. Marital Status.By registering to use or using the Dating Service, you will be disclosed truthfully and warrant about your marital status whether Single or Married.
c. Criminal History. By requesting to use, registering to use, and/or using the Dating Service, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity.
KJLEMON DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. However, to the extent permissible by applicable law, KJLEMON reserves the right to conduct any criminal background checks, at any time and using available public records, to confirm your compliance with this subsection. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU HEREBY AUTHORIZE ANY SUCH CHECK IF IT IS LEGALLY PERMISSIBLE IN YOUR JURISDICTION.
d. Meeting Matching System Criteria. The Dating Service requires your completion of the Compatibility Quiz for KJLEMON to find highly compatible matches for you. KJLEMON will not be able to provide matches to users who have not completed the Compatibility Quiz.
2. Use of the Services.
As a user of any of the Services (a "Registered User"), you agree to the following :
a. Free Membership. It is free to register for the Dating Service, which may be used by you at no cost (“Basic Membership”). Once you have registered by providing preliminary information (including email address and password), you will be asked to answer a scientifically based Compatibility Quiz which has been structured by reference to specific psychological criteria. The results of the Compatibility Quiz as well as comprehensive statistical comparative data are used by KJLEMON to automatically create your individual personality profile. Your personality profile will then be integrated into the KJLEMON database. Once in our database, your personality profile is (through an automated process) matched up to the profiles of other KJLEMON members, which enables KJLEMON to determine your compatibility with those members. Using this information, KJLEMON will send you partner recommendations (“matches”), which will appear in your online profile and be sent via email. This information will be provided to you as a condensed profile of the other compatible members, each containing a short description of a match, your compatibility score, along with your match’s primary profile photo. Please note that, as a Basic member, you will only be able to view blurred versions of your matches’ profile photos. However, you may be able to see an unblurred version of your matches’ primary profile photo in some instances, at our discretion. As a Basic member, you may send an unlimited number of predefined communications (for example, a smile) to your matches subject to the terms of this Contract; however, you will only have a limited ability to send and read personalized messages. Please note that we may limit the number of predefined communications that you can send if required to protect our members and to secure our Service as further set out in this Contract. As a Basic member, you will not receive a copy of your personality profile, but you may purchase a PDF copy of the personality profile at the price listed on the Service at the time of purchase.
b. Free, Basic and Premium Membership. The Dating Service includes a membership option that offers features not available under a Free Membership. Basic Membership and Premium Membership, for which you will need to purchase a subscription. If you purchase Basic or Premium Membership, you will regularly receive updated matches from KJLEMON in your online profile and via email. These matches will be updated to include new members who have been added to our database since you became a Subscription member. As a Basic or Premium member, you will be able to see unblurred match photos (primary and any additional photos), contact and initiate communication with matches (including video chat), conduct searches for matches based on specific criteria and respond to matches’ communications without restriction (including video chat). Please note that we may still limit the number of communications that you can send if required to protect our members and to secure our Service as further set out in this Contract. KJLEMON will also provide each Basic or Premium member his or her personality profiles as a PDF file by email.
c. Subscription. To become a Basic or Premium member, you will be required to pay a subscription fee. All prices listed by us on the Service are offered in the displayed currency and exclude applicable taxes and duties. When purchasing a basic orPremium Membership, you will be asked to supply certain payment information, including information regarding your billing account (e.g., via credit card, debit card, or PayPal account number). You agree that all information that you provide to us will be accurate, complete and current. You further agree that our payment processing service provider(s) may store and communicate with your financial institution via a “network token” (a unique personal identifier used only for billing purposes) to facilitate your payments. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable), any applicable taxes on your purchase, and/or any additional fees for the use of any payment mechanism or account connected to your KJLEMON subscription, including any processing charges relating to your subscriptions. If a scheduled payment using the billing account or credit or debit card associated with your subscription is attempted and declined for any reason, our payment processor will automatically reschedule the payment until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account, and we may suspend or terminate your subscription until any outstanding payments are successfully processed. However, you acknowledge and agree that we may first attempt to obtain updated billing information, including but not necessarily limited to credit or debit card numbers and/or expiration date information from your card issuer, and that we will update this information in your account and use such information to process future payments. By subscribing, you authorize us and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You may select to purchase a plan in one upfront payment or in installments, if applicable. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject, which is subject to change and may vary by your place of residence at the time of subscription. Installment plans may be subject to additional terms and conditions, which will be consented to at the time of purchase.
d. Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that KJLEMON is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.
e. Geographic Limitations. The Services are intended for use in the United States and Canada. However, please note that KJLEMON also provides the ability to register for the Services in certain other countries, and you may search for and receive matches from members located in such countries. KJLEMON reserves the right to not provide or stop providing the Services in any jurisdiction at any time in its sole discretion. You will only use the Services in a manner consistent with this Contract and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited, and that you are not located in a country that is subject to embargo by the United States government. Registration for, and use of, the Services is void where prohibited by any such laws or regulations. You are responsible for determining whether the use of the Services is legal in your jurisdiction.
f. Information Submitted. To the extent permitted by law, you are solely responsible for, and assume all liability regarding, (i) the information and content you contribute to the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter "post") through the Services; and (iii) your interactions with other Registered Users through the Services. You warrant and represent that all information provided to KJLEMON through our Services or otherwise will be truthful, accurate, and complete, and will be submitted only for lawful purposes.
g. Risk Assumption and Precautions. You assume all risks when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Dating Service.
h. No Guarantees. KJLEMON may not be able to provide matches for everyone seeking to use its Services. Further, KJLEMON makes no guarantees as to the number or frequency of matches through the Dating Service, or to such matches' ability, desire or criteria to communicate with any user. You understand that KJLEMON makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Dating Service or as to the conduct of such individuals.
i. Reporting of Violations. You will promptly report to KJLEMON by using the email
report@kjlemons.com , any violation of the Contract by others, including but not limited to, Registered Users.
j. Content Removal. KJLEMON reserves the right, but has no obligation, to monitor the information or material you submit to the Services or post in the public areas of the Services. KJLEMON will have the right to remove any such information or material that in its sole opinion violates, or may violate, any applicable law or either the letter or spirit of this Contract or upon the reasonable request of any third party. KJLEMON further reserves the right to remove matches previously delivered to you, in its reasonable discretion, in order to assure that you have quality experience on the Services.
k. Posting and Communication Restrictions. You will not post, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity on or through the Services, that:
1.promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2.is intended to or tends to abuse, harass, threaten or intimidate any other users of the Services;
3.is defamatory, intentionally inaccurate, abusive, obscene, profane, offensive, sexually charged, obscene or otherwise objectionable or unlawful;
4.infringes the intellectual property right of KJLEMON or any third party including copyright in and to content (e.g., music, movies, videos, photographs, images, software, literary works, etc.);
5.contains video, audio photographs, or images of another person;
6.promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, steal someone else’s identity, create or disseminate computer viruses, or circumvent copy-protect devices;
7.is false or misrepresentative or otherwise intended to defraud, swindle or deceive other users of the Services;
8.contains viruses, ransomware, spyware, adware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
9.promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
10.disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
11.is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Services;
12.impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
13.solicits gambling or engages in any gambling or similar activity;
14.uses scripts, bots or other automated technology to access the Services;
15.uses the Services for chain letter, junk mail or spam e-mails;
16.collects or solicits personal information about anyone under 18; or
17.is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.
l. No False Information. You will not provide inaccurate, misleading or false information to KJLEMON or to any other user. If information provided to KJLEMON or another user subsequently becomes inaccurate, misleading or false, you will promptly notify KJLEMON at
report@kjlemons.com of such change.
m. No Advertising or Commercial Solicitation. You will not advertise or solicit any user to buy or sell any products or services on or through the Services. You may not transmit any chain letters, junk or spam e-mail to other users or other unsolicited commercial messages. Further, you will not use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to KJLEMON. To the extent permissible under applicable law, as a reasonable estimation of such harm, you agree to pay KJLEMON $50 USD for each such unsolicited communication you send through the Services.
n. Unique and Bona Fide Profile As a Registered User of the Dating Service, you will create only one unique profile. In addition, your use of the Dating Service must be for bona fide relationship-seeking purposes in order to maintain the integrity of the Dating Service (for example, you may not become a Registered User solely to compile a report of compatible Dating in your area, or to write a school research paper). Not all registered users are available for matching. From time to time, KJLEMON may create test profiles in order to monitor the operation of the Services.
o. No Harassment of KJLEMON Employees or Agents. You will not harass, annoy, intimidate or threaten any KJLEMON employees or agents engaged in providing any portion of the Services to you.
p. Social Media. We may provide you the option to connect your KJLEMON account to your account on some social networking websites (such as via Continue with Facebook) for the purpose of logging in, uploading information or enabling certain features on the Service. When enabling this feature, we will disclose to you the information we collect from the connected social networking website and will use such information in compliance with our Privacy Policy. By connecting your KJLEMON account to your account on any social networking website, you hereby consent to the continuous release of information about you to KJLEMON. We will not send any of your KJLEMON account information to the connected social networking website without first disclosing that to you. Each social network may further allow you to set privacy controls around your information on their system, and KJLEMON ’s collection of information will always follow such controls and permissions. This feature is subject to continuous change and improvement by us and each social networking website involved, and therefore the available features and shared information are subject to change in accordance with the terms of this Contract, and the terms of use of the relevant social networking site.
3. Proprietary Rights.
a. Ownership of Proprietary Information. You hereby acknowledge and agree that KJLEMON is the owner or licensee of highly valuable proprietary information accessible on or through the Services, including without limitation, the compatibility matching system, compatibility profiles, and our compatibility quiz (collectively, "Confidential Information"). KJLEMON owns and hereby retains all proprietary rights in the Services, including but not limited to, all Confidential Information.
b. No Use of Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) Confidential Information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Services, without first obtaining the prior written consent of the owner of such proprietary rights.
c. Other Users' Information. Other Registered Users may post information which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any KJLEMON or third-party proprietary information available via the Services.
d. License to Posted or Accessed Content. By posting information or content to any profile pages or public area of the Services, or making it accessible to us by linking your KJLEMON account to any of your social network accounts (e.g. via Continue with Facebook) subject to applicable privacy laws as they relate to any personal information contained therein, you automatically grant, and you represent and warrant that you have the right to grant, to KJLEMON and its users, an irrevocable, perpetual, non- exclusive, fully-paid, worldwide license to use, reproduce, perform, publicly display, modify and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or programs on the Services in which you may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By your participation in such features or programs, you grant us the rights and waive certain other rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
4. User Information.
a. Privacy Statement. We will only use your information in accordance with our Privacy Policy. For information about the collection, use and possible disclosure of information and material provided by you, please click on KJLEMON 's Privacy Policy located on the Services. By using the Services, you are consenting to the terms of KJLEMON's Privacy Policy.
b. No Contact Information. You agree that you will not post any full name, phone number, address, email addresses, personal website address or third-party profile page, or other contact information in the profile section of the Dating Service that will be made available to other Registered Members. You may, at your discretion, exchange such information when you reach the direct communication phase with your matches.
c. Disclosure By Law. You acknowledge and agree that KJLEMON may disclose information you provide in accordance with our Privacy Policy, including, if required to do so by law, at the request of certain third parties, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend KJLEMON 's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
d. Disclosure to Protect Abuse Victims. Notwithstanding any other provision of this Contract or the Privacy Policy, KJLEMON reserves the right, but has no obligation, to disclose any information that you submit to the Services, if in its sole opinion, KJLEMON suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information, including personal information, may be disclosed to authorities that KJLEMON, in its sole discretion, deems appropriate to handle such disclosure, provided that such disclosure is pursuant to applicable law. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that KJLEMON is permitted to make such disclosure.
e. Use of Anonymous Information for Research. As set forth in our Privacy Policy, by using the Services, you agree to allow KJLEMON to anonymously use the information from you and your experiences through the Services to continue KJLEMON 's research into successful relationships and to improve the Services. This research, conducted by psychologists and behavior research scientists, may be published in academic journals. However, your responses will be anonymous, and we will not publish research containing your personal identifying information.
5. Disclaimer of Warranties and Conditions.
a. No Warranties or Conditions. . THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT ALWAYS TO CLAUSE 6 (LIMITATION OF LIABILITY) BELOW. KJLEMON PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, COLLATERAL OR OTHERWISE WITH RESPECT TO THE SERVICES (INCLUDING ALL CONTENT AND INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KJLEMON DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. KJLEMON DISCLAIMS LIABILITY FOR, AND NO REPRESENTATION, WARRANTY OR CONDITION IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICES WILL BE SECURE OR FREE FROM DATA BREACHES OR CYBER ATTACKS.
6. Limitation of Liability.
a. Limitation of Damages and Aggregate Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KJLEMON BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF KJLEMON KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL KJLEMON 'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS CONTRACT OR THE USE OF THE SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID KJLEMON FOR THE USE OF ANY SERVICES, THE AMOUNT OF USD $25.00 OR ITS EQUIVALENT.
b. No Liability for non-KJLEMON Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KJLEMON BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE SERVICES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
c. Information Verification. KJLEMON may but is not required to use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that KJLEMON will have no liability to you arising from any incorrectly verified information.
7. Indemnification.
a.To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless KJLEMON and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Contract or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by KJLEMON. KJLEMON reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KJLEMON LLC in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
b.TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE SERVICES OR THIS CONTRACT.
8. Complaints / Law Enforcement Contact.
To resolve a complaint regarding the Service, you should review our Frequently Asked Questions (FAQ) by clicking on the Help link located at the bottom of any page of the KJLEMON Services, or email us by clicking here. Law enforcement officials may send correspondence (such as subpoenas, court orders and warrants) to KJLEMON to our facsimile number at +1-951-630-5398 All other correspondence sent to this facsimile number will be discarded.
9. Communication and Privacy.
We may use the email address associated with your account to send you messages, including notifications of important changes to the Services, special offers, or attempts to collect on an outstanding balance. Further, we may contact you by telephone in order to communicate with you regarding the Services. If you do not want to receive certain email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Policy to review your options.
10. Term and Termination.
This Contract will become effective upon your acceptance of the Contract by your use of the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or KJLEMON may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. KJLEMON reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records if your account and/or access to the Services is terminated. In the event your access to any of the Services is suspended due to a material breach of this Contract, you agree that all fees paid to KJLEMON by you are nonrefundable and that any outstanding fees (e.g., remaining installments) will become due and payable immediately. You may terminate your account by following the steps in the applicable section under "Cancellations" below, or by sending a notice of cancellation to: KJLEMON, LLC., Attn: Cancellations, at P.O BOX 7180, Moreno Valley, CA 92552. Following any termination of your Dating Service account due to a violation of our Contract, KJLEMON may, at our discretion or as required by law, send a notice thereof to other Registered Users with whom you have corresponded for the protection of our members.
11. Payment Terms and Policies
a. Generally. As discussed in this Contract and elsewhere in the app and website, there are various Membership plans. There is a free option and other Memberships that require you to pay a fee. If you purchase a paid Plan, we will process your credit or debit card using a third-party processor. If your payment is not processed at the time of purchase, you agree to pay all amounts due and owing upon demand by us.
b. External Service Purchases and Subscriptions. External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“External Service Account”). Your External Service Account will be charged for the purchase according to the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time. If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will end. To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the KJLEMON app from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not KJLEMON. To cancel a purchase made with your Apple ID, go to Settings within the app, and follow the instructions to cancel. You can also request assistance at Apple Support. If you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and navigate to Settings. You can also request assistance at Google Play. If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, KJLEMON may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a KJLEMON membership subscription. In the event that your chargeback or other payment reversal is overturned, please contact us. KJLEMON will keep all funds charged to your External Service Account until you cancel your Membership subscription through your External Service Account. Certain users may be entitled to request a refund as provided hereunder or by applicable law.
c. Internal Purchases and Subscriptions. Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize KJLEMON to charge the payment method you provide (“Payment Method”). KJLEMON may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, KJLEMON may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a KJLEMON subscription membership. In the event that your chargeback or other payment reversal is overturned, please contact us for further support at supportt@kjlemons.com. If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will end. To cancel a subscription, log in to the Website or App and go to the Account section. The subscription will not be renewed when your then-current term expires. You may edit your Payment Method information by using the Settings tool and following the link. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
d. Paid Membership Plans. Prices for any paid Membership plans are subject to change on a quarterly basis at KJLEMON’s sole discretion. You will be notified of any price changes. Any reoccurring charges will be applied to your authorized payment method according to such updated pricing. Paid Membership plans must be paid in full, or when available, in installments.
e. Failure to Pay. If we do not receive a payment from you for any reason, you agree that we may either terminate or suspend your Membership and continue to attempt to charge your Payment Method provider until payment is received. We will activate your account after receiving payment. We reserve the right to seek any and all remedies available to us, including legal and equitable.
f. Term and Termination for a Paid Membership. Your Membership subscription plan will continue through the end of the applicable term you purchased (3 months, 6 months, or 12 months). Your Plan will not automatically renew. Except as otherwise stated in this Section, you may cancel your Membership, registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing Data & Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your account, credit card, or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full. Because our Services may be used without a paid Membership plan, canceling your plan does not remove your profile from our Services. If you want to remove your profile from our Services, please email us at report@kjlemons.com
g. Refund Policy. Generally, all charges for purchases are nonrefundable. There are no refunds or credits for partially used periods of a Membership. However, we may make an exception as otherwise provided in this Contract (including but not limited to Section 12), or if the laws applicable to where you live provide for refunds.
h. Gifts. Basic and Premium members may purchase cash gifts and offer them to another Premium member. The Premium member receiving the gift can withdrawal the gifts when they reach the minimum amount required for such withdrawal. At this time, the minimum gifts a member must receive before withdrawing is $30.00; this amount is subject to change. While Basic members may purchase and give gifts, they cannot receive gifts from other members. Only Premium members can receive gifts. We may charge a transaction fee for all gifts purchased.
12. Cancellations & Account Holds
a. Cancellation At Any Time with No Refund. Except as otherwise stated in this section, you may cancel your registration or subscription to any Services at any time during the term of such registration or subscription or any renewal period by accessing Data & Settings > “Manage profile” > Amend Subscription, clicking on the cancellation link, and providing the information requested. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term. If you purchase a subscription on an installment payment basis (such as three-part pay), cancellation will not affect your obligation to pay the total contractual amount due on your subscription and your account, credit card, or other payment method will continue to be charged the scheduled payments until the remaining balance is paid in full.
State-specific terms.Section 12(c) and 12(d) only apply to subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin
b. 3-Day Cancellation.For Premium Membership subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, and Rhode Island:
REGARDING THE PREMIUM MEMBERSHIP, YOU, THE BUYER, MAY CANCEL THE CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS CONTRACT, EXCLUDING SUNDAYS AND HOLIDAYS. NOTICE OF CANCELLATION NEED NOT TAKE A PARTICULAR FORM AND IS EFFECTIVE IF IT INDICATES YOUR DESIRE TO NOT BE BOUND BY THIS CONTRACT. TO CANCEL THIS CONTRACT, YOU CAN EMAIL SUBSCRIPTIONS@KJLEMON.COM OR MAIL A SIGNED AND DATED, WHICH STATES YOU, THE BUYER, ARE CANCELING THIS CONTRACT, OR WORDS OF SIMILAR EFFECT. THIS MAILED NOTICE SHALL BE SENT TO KJLEMON, INC., ATTN: CANCELLATIONS, to P.O BOX 7180 , MORENOVALLEY , CA92552 , PLEASE INCLUDE THE EMAIL ADDRESS ASSOCIATED WITH YOUR KJLEMON ACCOUNT IN THIS
You may also communicate your desire to cancel your subscription by live chat with Customer Care. Please note, however, that live chat may not be available to all users and, due to Customer Care agents’ hours, will not be available at all times. For a Basic and Premium Membership, the day that you successfully purchased a subscription will be the date of this Contract. Any refunds under this 3-day cancellation policy will be made within 10 days after KJLEMON 's receipt of your written cancellation notice. Please note that KJLEMON cannot directly process refunds for purchases made through Apple via the iOS application. Please contact Apple regarding cancellation requests for subscriptions purchased through the iOS application.
13. Governing Law & Venue
Unless prohibited by local law, this Contract is governed by the laws of the State of California, without giving effect to any principles of conflicts of laws. Notwithstanding the foregoing, Section 15 of this Contract shall be governed by the Federal Arbitration Act. Any action to compel arbitration or challenging the enforceability or applicability of the arbitration provisions herein, must be filed in the federal or state courts of California. Any action filed in any other court shall be transferred to, or dismissed without prejudice for refiling only in, the federal or state courts of California, after removal to the appropriate federal court, if applicable, for determination by the California federal or state court as to whether the action should be stayed pending, or otherwise referred to, arbitration. Any claims that are not referred to arbitration must be adjudicated exclusively in the federal or state courts of California. For such claims, the federal and state courts of California shall have exclusive personal jurisdiction and venue over you and us, and you and we waive any objection based on inconvenient forum. If either party files suit in any court other than the federal or state courts of California, in deciding whether to transfer or dismiss the action, or otherwise give effect to this provision, the court shall apply the standard set forth in Atlantic Marine Construction Co. v.
U.S. District Court for the Western District of Texas, 571 U.S. 49 (2013). The parties also agree that transfer or dismissal cannot be denied based on inconvenience to the parties, piecemeal adjudication of the claims, a risk of inconsistent findings of law or fact, the presence of other parties who are not party to these terms, or any other private or public considerations.
Nothing in this Contract is intended to limit a party’s right to seek equitable relief at any time. If the Arbitration Contract (as set forth in Section 15) is held to be unenforceable, you and we agree that any claims or disputes that you or we have against each other must be resolved in the federal or state courts located in California to the extent permissible by applicable law.
14. Arbitration Contract, Class Action Waiver and Jury Trial Waiver.
a. Purpose: This section 14 of the Contract (henceforth referred to as “Arbitration Contract”) facilitates the prompt and efficient resolution of any Disputes that may arise between you and KJLEMON. Arbitration is a form of private Dispute (as defined below) resolution in which parties to a contract agree to submit their Disputes and potential Disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such Dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Contract carefully. It provides that all Disputes between you and KJLEMON shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration Contract, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Contract constitutes a waiver of your and our right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Contract and can award the same damages and relief as a court (including attorney’s fees, if otherwise authorized by applicable law).
For the purpose of this Arbitration Contract, “KJLEMON” means KJLEMON, Inc. and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and KJLEMON regarding any aspect of your relationship with KJLEMON , whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Contract (with the exception of the enforceability of the Class Action Waiver in this Arbitration Contract). “Dispute” is to be given the broadest possible meaning that will be enforced.
YOU AND KJLEMON EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION CONTRACT.
b. Pre-Arbitration Dispute Resolution: For all Disputes, you and we must first give each other an opportunity to resolve the Dispute before commencing arbitration. You must commence any Dispute you have with us by mailing written notification to KJLEMON LLC., c/o The Corporation , PO BOX 7180, Moreno Valley, CA 92552 . That written notification must include (1) your name, (2) your address, (3) your phone number, (4) your email address used to create your KJLEMON account, (5) a written description of the Dispute, (6) a description of the specific relief you seek, and (7) your personal signature. If KJLEMON does not resolve the Dispute to your satisfaction within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. We must commence any Dispute we have with you by sending you a written notification to the email address used to create your KJLEMON account that includes a written description of the Dispute and a description of the specific relief we seek. If the Dispute is not resolved to our satisfaction within 45 days after you receive our written notification, we may pursue our Dispute in arbitration. Either party may communicate directly with the other in an effort to satisfy or resolve any Dispute, including by communicating any offers or demands.
c. Arbitration Procedures: If this Arbitration Contract applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or KJLEMON m a y initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a representative or class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Contract.
For arbitration before the AAA, for Disputes of less than $75,000 USD, the AAA’s Consumer Arbitration Rules will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. This Arbitration Contract governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. However, this shall not preclude the application of Section below.
In the event of a Mass Filing (defined in Section 13k below), the procedures, fees, and costs described in Section 13k will govern notwithstanding any applicable rule of the arbitration provider to the contrary.
Because your contract with KJLEMON, the Contract, and this Arbitration Contract concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d. Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e. Location of Arbitration: The arbitration may be heard in California, as otherwise required by the arbitration provider’s rules, or in another location mutually agreed to by the parties. The parties may appear via teleconference as though they were appearing in person unless otherwise ordered by the arbitrator.
f. Payment of Arbitration Fees and Costs: The initiating party must pay all filing fees that the arbitration provider requires to be paid by the initiating party. Your and our responsibility to pay other administrative and arbitrator fees and costs will also be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, filing, and/or other fees incurred as a result of the frivolous claim. The arbitration provider may also impose such obligation on the claimant’s attorneys. Fees, costs, and sanctions may also be awarded in the arbitration against a party of a party’s attorney as provided pursuant to applicable law. You may qualify for a waiver of certain arbitration costs under the arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, California state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, KJLEMON will pay the filing fees for you
g. Class Action Waiver: The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action), except as set forth in Section 13k below, unless both you and KJLEMON specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other Registered Member of KJLEMON and/or user of KJLEMON services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding, except as set forth in Section 13k below.
h. Limitation of Procedural Rights: You understand and agree that, by entering into this Arbitration Contract, you and KJLEMON are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Contract, you and KJLEMON might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). You and we give up those rights. Other rights that you or we would have if you or we went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
i. Severability: If any clause within this Arbitration Contract (other than the Class Action Waiver clause above and Mass Filing clause below) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Contract, and the remainder of this Arbitration Contract will be given full force and effect. If the Class Action Waiver or Mass Filing clause is found to be illegal or unenforceable, then this entire Arbitration Contract will be unenforceable, and the Dispute will be decided by a court.
j. Continuation: This Arbitration Contract shall survive the termination of your contract with KJLEMON and your use of KJLEMON Services.
k. Mass Filing: If, at any time, 25 or more similar demands for arbitration are asserted against us or related parties by the same or coordinated counsel or entities, or if we assert 25 or more similar demands for arbitration or counterclaims against similarly situated parties, within a period of 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:
• Acknowledgment of Mass Filing Protocols If you or we, or you or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the bellwether proceedings.
• Enforcement of Subsection A Court of competent jurisdiction located in federal or state court in California shall have the power to enforce this Contract.
15. General Provisions.
a. Right to Seek Injunction. Violation of this Contract may cause KJLEMON irreparable harm, and therefore agree that KJLEMON will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that KJLEMON may have for a breach of this Contract.
b. Miscellaneous. This Contract, which you accept upon registration for the Services, the Privacy Policy located on the Services, and any applicable payment, renewal, additional Services terms, comprise the entire Contract between you and KJLEMON regarding the use of this Service, superseding any prior Contracts between you and KJLEMON related to your use of the Services (including, but not limited to, any prior versions of this Contract). The FAQ's found on the Services are for informational purposes only and are not deemed to be part of this Contract. Unless otherwise explicitly stated, the Contract will survive termination of your registration to the Services. The failure of KJLEMON to exercise or enforce any right or provision of this Contract does not constitute a waiver of such right or provision. If any provision of this Contract is held invalid, the remainder of this Contract will continue in full force and effect. The section titles in this Contract are for convenience only and have no legal or contractual effect.