These Terms of Use (these “Terms”) describe your rights and responsibilities when accessing or using ljinventory.info and all associated web pages, features, and content (the “Site”), which is provided by Lemonjuice Solutions, together with its parents, subsidiaries, and affiliates (“Lemonjuice,” the “Company,” “we,” “our,” or “us”). These Terms, together with the Site’s Resorts to Real Estate Website Disclosure (the “Website Disclosure”), Privacy Policy, and Web Accessibility statement, and any other terms we provide in connection with the Site, form the agreement between you and us (the “Agreement”).
Please read these Terms carefully so that you understand each provision. The Agreement requires the parties to resolve most disputes through binding individual arbitration rather than jury trials or class actions (Section 10.12), and it limits our liability (Sections 6 and 7).
By accessing or using the Site, you acknowledge that you have read and understood the then-current Agreement and agree to be bound by it. If you do not agree, do not access or use the Site.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL-ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS (SECTION 10.12), AND LIMITATIONS ON OUR LIABILITY (SECTIONS 6 AND 7), THAT AFFECT YOUR LEGAL RIGHTS. SECTION 10.12 EXPLAINS YOUR 30-DAY RIGHT TO OPT OUT OF ARBITRATION.
1. How the Site Works
1.1 Generally
The Site is an informational resource through which Lemonjuice presents real-estate opportunities in which it holds an interest, for general information purposes only and to invite expressions of interest. The Site, and all information on it, is not an offer to sell, or a solicitation of an offer to buy, any property, security, contract, or other interest, and is not to be construed or interpreted in any manner that would constitute an offering. References on the Site to “investment,” “investors,” “opportunities,” or similar terms describe the nature of the real estate to prospective purchasers and do not indicate the offer or sale of any security or investment contract. Any actual purchase, sale, or lease is governed solely by the separately delivered, property-specific disclosure package and a signed purchase and sale agreement or other transaction documents between you and Lemonjuice (collectively, “Transaction Documents”), and not by the Site.
1.2 Relationship Between You and Us
The Site offers information to help you decide whether to express interest in an opportunity. No property, security, contract, agency, fiduciary, or other relationship or interest is created by your viewing the Site, submitting an inquiry, or otherwise using the Site.
Lemonjuice and/or its affiliates is/are authorized to present the opportunities described on the Site, but not in the capacity of a real-estate broker or agent for any other party, and no brokerage, agency, or fiduciary relationship arises from the Site or any inquiry. Unless expressly stated otherwise in writing, Lemonjuice is marketing only its own properties or properties in which it has an ownership or contractual interest and is not acting as a real estate broker for another seller.
Where Lemonjuice is the declarant, developer, or successor developer of a resort, the interests presented include only Lemonjuice’s own interest under the declarant or developer rights reserved in the recorded property documents for the real estate described, and does not include or affect the interest of any existing owner.
Property information and descriptions — which may include unit count, size, acreage, zoning, flood designation, occupancy, condition, permitted use, status labels (such as “Pre-Sale,” “Ready to Sell,” or “Under Contract”), and any income or return figures (“Property Information”) — come from sources believed to be reliable but are not guaranteed, are provided without warranty of any kind, and are subject to errors, omissions, change in price or terms, prior sale, or withdrawal without notice. Any projection, estimate, income figure, or return figure is illustrative only and is not a promise or guarantee of future results.
Information regarding acreage, lot size, parcel dimensions, zoning, permitted use, and development potential is believed to be accurate but has not been independently verified and should not be relied upon without the purchaser’s own due diligence.
You are solely responsible for conducting your own research and due diligence regarding any property, which may include title and legal status, valuation, physical condition, permitted use, environmental matters, encumbrances, and any association, condominium, or timeshare governance and financial information. You are encouraged to consult your own licensed professionals, you assume all risk associated with your due diligence, and you should not rely solely on the Site as a substitute for that review.
Where a property described on the Site is a dwelling, the information is provided in compliance with the federal Fair Housing Act and all applicable state and local fair-housing laws, and Lemonjuice does not discriminate on the basis of race, color, religion, sex, national origin, familial status, disability, or any other class protected under applicable law.
1.3 How a Transaction Begins
No obligation to sell or buy, and no reliance on materials on the Site, arises unless and until one or more of the following occurs: (i) you and Lemonjuice sign a written purchase and sale agreement or a binding letter of intent; (ii) Lemonjuice delivers to you an offering package, a prospectus or property-specific disclosure package; (iii) a deposit is placed in escrow under a signed agreement; or (iv) Lemonjuice notifies you in writing that a transaction has begun. The disclosures required for a purchase — including known material defects, any applicable state seller-disclosure form, the federal lead-based-paint disclosure for buildings constructed before 1978, and any condominium, homeowners-association, timeshare, or resale documents — are delivered separately, in writing, on a deal-by-deal basis, under the law of the state where the property is located. Only those disclosures and a signed agreement govern a sale.
Nothing contained on the Site shall be interpreted as creating any obligation on Lemonjuice to sell any property or to negotiate with any prospective purchaser.
2. General Provisions
2.1 Users, Accounts, and Submissions
“You” means the individual using the Site or the entity on whose behalf you act. You must be at least 18 years old and able to form a legally binding contract; if you use the Site for an entity, you represent that you are authorized to bind it, and “you” refers to that entity.
Some features may allow you to register an account or provide contact information. You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of any credentials, and for all activity under your account, and you agree to notify us promptly of any unauthorized use.
Any inquiry, message, or other information you submit through the Site (a “Submission”) is not confidential unless and until the parties sign a written confidentiality or non-disclosure agreement (see Section 9). Submitting an inquiry or communicating with Lemonjuice through the Site or by email does not create a confidential, fiduciary, brokerage, or agency relationship. Do not submit confidential, proprietary, or sensitive personal information through the Site. You represent that each Submission is accurate and that you have the right to provide it.
2.2 Access to the Site
Access to the Site is provided free of charge. The Site does not offer paid memberships or subscriptions. We may modify, suspend, or discontinue any part of the Site at any time without notice or liability, and your continued use after a change constitutes acceptance of it.
2.3 No Fees; Transaction Amounts
We do not charge fees for use of the Site and do not process payments through it. Any deposit, fee, or other amount relating to an actual transaction is addressed only in the applicable Transaction Documents and, where a deposit is required, placed in escrow under a signed agreement.
2.4 Feedback
If you send us comments, ideas, or suggestions about the Site (“Feedback”), your disclosure is gratuitous and creates no fiduciary or other obligation, and you grant Lemonjuice a perpetual, irrevocable, worldwide, royalty-free license to use the Feedback for any purpose without compensation to you or anyone else. We have no obligation to use any Feedback.
2.5 Privacy
Our Privacy Policy explains how we collect, use, and share information in connection with the Site. Any personal information you provide must be information you have the right to provide. By using the Site, you acknowledge the Privacy Policy.
3. Site Usage and Restrictions
3.1 Intellectual Property
(a) Ownership. The Site and its content — including text, graphics, logos, images, photographs, Property Information compiled by us, page layouts, and the selection and arrangement of content (“Our Materials”) — are owned by Lemonjuice or its licensors and are protected by copyright, trademark, and other laws. Except for the limited license in Section 3.1(b), you have no rights in Our Materials, and we reserve all rights not expressly granted. The Site may contain third-party content or links (“Third-Party Materials”) that we do not control and do not endorse; your use of any third-party site or service is at your own risk and subject to that party’s terms.
(b) License to Access the Site. Subject to the Agreement, we grant you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to access and view the Site for your own personal, non-commercial evaluation of the opportunities presented. All rights not expressly granted are reserved.
3.2 Your Submissions; License to Us
(a) Ownership. As between you and us, you retain ownership of your Submissions.
(b) License. You grant us a non-exclusive, royalty-free, worldwide license to use, store, and process your Submissions for the purpose of responding to your inquiry, evaluating potential transactions, and operating the Site, subject to the Privacy Policy and applicable law. We do not sell your Submissions.
3.3 Responsibilities for Submissions
You are solely responsible for your Submissions and for complying with all applicable laws. Do not submit any Social Security number, driver’s-license or passport number, payment-card or financial-account number, or other sensitive or regulated personal information. We make no representation that the Site is adequate to receive or process any such information.
3.4 Use of the Site
You must comply with the Agreement. We may, but are not obligated to, investigate any suspected violation and review conduct for compliance. We may remove content, and suspend or restrict access, if we believe the Agreement has been violated or that there is a risk of harm to us, the Site, other users, or third parties.
3.5 Acceptable Use
(a) Technical restrictions. You shall not: copy, distribute, scrape, harvest, frame, or mirror any part of the Site except as expressly permitted; use any robot, spider, crawler, or other automated means to access or collect data from the Site; transmit unsolicited messages; interfere with or attempt to compromise the integrity or security of the Site; impose an unreasonable load on our infrastructure; upload viruses or other harmful code; collect the personal information of others from the Site; reverse engineer or attempt to derive source code; or bypass any measure we use to restrict access.
(b) Content restrictions. You shall not submit any Submission that is unlawful, harmful, abusive, defamatory, infringing, invasive of privacy, obscene, or otherwise objectionable; that you do not have the right to provide; that you know is inaccurate; or that violates any third-party right or applicable law.
(c) Commercial messages. You shall not use the Site, or any information obtained from it, to send spam or other unsolicited commercial messages, and you agree to comply with the CAN-SPAM Act and all other applicable anti-spam laws.
4. Term and Termination
4.1 Term
The Agreement applies while you access or use the Site.
4.2 Termination
We may suspend or terminate your access to the Site at any time, for any or no reason, without notice.
4.3 Effect of Termination
Upon termination, you will promptly cease using the Site and, on request, return or delete any Confidential Information in your possession or control. The provisions identified in Section 10.14 survive termination.
5. Content Removal; Copyright
5.1 Content Removal
We may, at any time and without prior notice, screen, remove, edit, or restrict any content on the Site that in our sole judgment violates the Agreement or is otherwise objectionable. To the extent permitted by law, we disclaim liability in connection with content decisions.
5.2 DMCA Policy
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”). If you believe content on the Site infringes your copyright, send a written notice to our Designated Agent that includes:
- an electronic or physical signature of a person authorized to act for the copyright owner;
- identification of the copyrighted work claimed to be infringed;
- identification of the material claimed to be infringing and its location on the Site;
- information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email address;
- a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or are authorized to act on the owner’s behalf.
Designated Agent: [Name], [Mailing address], [Telephone], [Email].
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
These requirements are intended to comply with our obligations under the DMCA but do not constitute legal advice. In appropriate circumstances, we will terminate the access of users who are repeat infringers.
6. Representations; Disclaimer of Warranties
You represent and warrant that you have the authority to enter into the Agreement and that you will use the Site in compliance with all applicable laws, rules, and regulations.
ALL INFORMATION ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT PROFESSIONAL ADVICE; YOU SHOULD NOT ACT ON IT WITHOUT FIRST CONSULTING YOUR OWN LICENSED OR QUALIFIED PROFESSIONAL. THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEMONJUICE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR AVAILABILITY OF THE SITE OR ITS CONTENT. LEMONJUICE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, any such warranty is limited to the minimum scope and duration permitted by applicable law.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LEMONJUICE AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
The limitations and exclusions in this Section allocate the risks between the parties, are an essential basis of the bargain, and apply even if any limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
8. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Lemonjuice and its affiliates, and their respective officers, directors, members, employees, and agents, from any claim, damage, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising out of: (a) your access to or use of the Site; (b) your violation of the Agreement, including your representations and warranties; (c) your violation of any third-party right, including any privacy or intellectual-property right; (d) your violation of any applicable law; (e) your Submissions, including any misleading, false, or inaccurate information; or (f) your gross negligence, fraud, or willful misconduct.
9. Confidentiality
9.1 Definition
In connection with an evaluation of an opportunity, either party (the “Disclosing Party”) may disclose to the other (the “Receiving Party”) non-public business, financial, or property information that reasonably should be understood to be confidential given its nature and the circumstances of disclosure (“Confidential Information”). Confidential Information does not include information that (a) is or becomes public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party before disclosure without such breach; (c) is received from a third party without such breach; or (d) is independently developed by the Receiving Party.
9.2 Protection and Use
The Receiving Party will take at least reasonable measures to prevent unauthorized disclosure or use of Confidential Information and will not use or disclose it for any purpose outside the evaluation of the relevant opportunity, except that it may share it with financial and legal advisors who are bound by confidentiality obligations at least as protective as these. As the process advances, Lemonjuice may require a signed confidentiality or non-disclosure agreement before releasing non-public information, and nothing on the Site obligates Lemonjuice to provide confidential materials without one.
9.3 Compelled Disclosure
The Receiving Party may disclose Confidential Information if required by law, provided that, to the extent legally permitted, it gives the Disclosing Party prior notice and reasonable cooperation, at the Disclosing Party’s cost, so that the Disclosing Party may seek a protective order or other appropriate remedy.
10. Miscellaneous
10.1 Publicity; Trademarks
“Lemonjuice,” and related names, logos, and marks are trademarks of Lemonjuice or its affiliates. Neither party may use the other’s name, logo, or trademarks without prior written consent, and all goodwill from any permitted use inures to the owner of the mark.
10.2 Force Majeure
Neither party is liable for any failure or delay caused by events beyond its reasonable control, which may include denial-of-service attacks, failures of a hosting or utility provider, strikes, fires, acts of God, war, terrorism, and governmental action.
10.3 Relationship of the Parties; No Third-Party Beneficiaries
The parties are independent. The Agreement does not create any partnership, joint venture, agency, fiduciary, brokerage, or employment relationship. There are no third-party beneficiaries, except that Lemonjuice’s affiliates and the persons released or indemnified under the Agreement may rely on the provisions that benefit them.
10.4 Notices; Electronic Communications
We may provide notices to you by posting on the Site or by using the contact information you provide; you must send notices to us at the address in Section 10.15. By using the Site, you consent to receive communications electronically and agree that electronic communications, agreements, and records satisfy any legal requirement that they be in writing, to the extent permitted by the federal E-SIGN Act and applicable state law, including the Uniform Electronic Transactions Act.
10.5 Text Messaging (SMS) Program
If you start a text-message conversation with us by sending your contact and inquiry details to our business texting number, you consent to receive text messages from us in response. We do not send unsolicited marketing texts through this program, and consent is not a condition of any transaction. Message frequency varies; message and data rates may apply; reply STOP to opt out or HELP for help. See the Privacy Policy for how your information is handled.
10.6 Modifications
We may update these Terms from time to time. The “Effective Date” above shows when they were last revised. If a change is material, we will provide reasonable notice by posting on the Site or, where applicable, by contacting you. Changes take effect when posted (or on any later date stated in our notice), and your continued use of the Site after that constitutes acceptance.
10.7 Waivers
No failure or delay in exercising any right is a waiver of it, and no waiver is effective unless in writing and signed by the party granting it.
10.8 Severability
If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable or, if it cannot be, severed, and the remaining provisions remain in full force and effect.
10.9 Assignment
You may not assign or transfer the Agreement without our prior written consent. Lemonjuice may assign it, in whole or in part, without restriction, including to an affiliate or in connection with a merger, reorganization, or sale of assets. Any purported assignment in violation of this Section is void.
10.10 Governing Law
The Agreement, and any dispute arising out of or relating to the Site, is governed exclusively by the internal laws of the State of Florida without regard to its conflict-of-laws rules, except that the Federal Arbitration Act (9 U.S.C. §§ 1–16) governs the enforceability of Section 10.12. These provisions govern your use of the Site only; as stated in Section 1.3 and in the Website Disclosure, the required disclosures and any sale are governed by the law of the state where the property is located. Nothing in these Terms deprives you of the protection of any mandatory law of your state of residence that cannot be waived by agreement.
10.11 Venue; Waiver of Jury Trial; Fees
Subject to Section 10.12, the state and federal courts located in Orange County, Orlando, Florida have exclusive jurisdiction over any dispute arising out of or relating to the Agreement, including any proceeding if the arbitration provision is found unenforceable, and each party consents to that jurisdiction and venue. Each party waives any right to a trial by jury. In any action to enforce the Agreement, the prevailing party is entitled to recover its reasonable costs and attorneys’ fees.
10.12 Arbitration and Class Waiver
Please read this Section carefully; it requires the parties to arbitrate disputes and limits how you may seek relief. Before starting any arbitration or proceeding, you agree to contact us at the address in Section 10.15 and give the parties at least 30 days to resolve the dispute informally. If the dispute is not resolved, any claim arising out of or relating to the Site or the Agreement will be resolved by binding individual arbitration administered by a recognized administrator such as the American Arbitration Association under its then-current Consumer Arbitration Rules, rather than in court; the Federal Arbitration Act governs this Section. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary for that party’s individual claim.
YOU AND LEMONJUICE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING, AND THAT THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
Either party may (i) bring an individual claim in a small-claims court with jurisdiction, and (ii) seek injunctive or other equitable relief in court to protect its intellectual property or confidential information. You may opt out of this Section 10.12 by sending written notice to the address in Section 10.15 within 30 days after you first accept these Terms; if you opt out, Sections 10.10 and 10.11 govern any dispute. If the class-action or jury waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the remainder of this Section remains in effect.
10.13 Entire Agreement; Order of Precedence
The Agreement is the entire agreement between you and Lemonjuice regarding the Site and supersedes all prior or contemporaneous understandings on that subject. In case of conflict, the following order controls: (i) a signed written agreement between you and Lemonjuice, as to its subject matter; then (ii) these Terms; then (iii) any other content on the Site, including the Website Disclosure.
10.14 Survival
Any provision that by its nature should survive termination will survive, including Sections 1.1 through 1.3, 2.4, 3.1, 3.3, 5, and 6 through 10.
10.15 Contacting Us
Questions about these Terms, notices under Sections 10.4, 10.11, or 10.12, and DMCA notices under Section 5.2 may be sent to:
Lemonjuice Solutions
7380 W. Sand Lake Rd., Suite 130
Orlando, FL 32819
California residents: Under California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.