Terms and Conditions

Lifted Lemonade — Terms of Use

Last Updated: October 23, 2025

These Terms of Use (“Terms”) apply to the Lifted Lemonade website (the “Site”) and any services, content, features, or functionality provided through the Site (collectively, the “Services”). The Site and Services are operated by Lifted Lemonade LLC (“Lifted Lemonade,” “we,” “us,” or “our”), a New Mexico limited liability company, and its affiliates.

By accessing or using the Site or Services, you agree to these Terms. If you do not agree, do not use the Site or Services. If you use the Site or Services on behalf of a company or organization, you represent that you are authorized to bind that entity and “you” will refer to that entity.

Please also review our Privacy Policy, which explains how we collect, use, and share information. By using the Site or Services, you consent to our Privacy Policy.

NOTICE OF ARBITRATION & CLASS ACTION WAIVER: Section 16 requires binding arbitration on an individual basis (with a small-claims court option). You waive the right to a jury trial and to participate in a class or representative action.

1) Important Disclaimers1.1 Hemp/Federal Law; FDA

Our hemp-derived products are intended for use by adults 21+ only. Products are formulated to comply with the 2018 Farm Bill, which defines hemp as cannabis and derivatives with no more than 0.3% Delta-9 THC on a dry-weight basis. We make no medical claims; our products are not intended to diagnose, treat, cure, or prevent any disease. Products have not been evaluated or approved by the U.S. Food and Drug Administration (“FDA”) for safety, efficacy, effectiveness, or quality.

You are solely responsible for understanding and complying with applicable laws in your jurisdiction regarding possession, use, purchase, and resale of any product. We may limit availability based on age verification, location, or compliance considerations.

1.2 Geographic Availability

We operate from New Mexico and make no representation that the Site or any material is appropriate outside the United States. Access from territories where content is illegal is prohibited.

2) Eligibility (21+)

You must be 21 years of age or older to access or use the Site or Services or to purchase any products. If you are under 21, do not use the Site.

3) Accounts & Security

You may browse as a guest or create an account. You agree to provide accurate information and keep it current. You’re responsible for all activity under your credentials and must promptly notify us of unauthorized use. We may impose storage or usage limits and may close inactive accounts.

4) Changes to the Services

We may modify, suspend, or discontinue the Site or Services (in whole or part) without notice or liability.

5) Acceptable Use Policy

You agree not to:

Infringe third-party rights; upload unlawful, harmful, defamatory, obscene, or otherwise objectionable content; or solicit personal information from anyone under 18.Use scraping, harvesting, automated queries, bots, or similar to access the Site or extract data.Introduce malware or attempt to bypass security, geographic, or age controls (including via VPN).Interfere with or degrade the operation of the Site.Use the Site to build a competing product or service.

We may monitor, suspend, or terminate access for violations and may report unlawful activity to authorities.

6) Intellectual Property; License

The Site, Services, and all associated software, designs, text, graphics, logos, and other content (“Service Content”) are owned by Lifted Lemonade or its licensors and are protected by IP laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Site and Services for your personal, non-commercial use. Except as permitted by law, you may not copy, modify, reverse engineer, or create derivative works of the Site, Services, or Service Content.

Our names, logos, and marks are our trademarks. Third-party names and logos are the property of their respective owners. No license to any trademark is granted by implication or otherwise.

7) User Content & Reviews

If you submit or post reviews, photos, text, or other content (“User Content”), you represent you own or control the rights to it and that it is lawful, accurate, and not misleading. You grant Lifted Lemonade a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to host, store, reproduce, modify, display, distribute, and otherwise use your User Content in connection with the Site, Services, our marketing, and improving our products. We may moderate or remove User Content at our discretion.

We may create or use aggregated statistics and usage data regarding the Site and Services.

8) Communications

Email: You may receive transactional or promotional emails. You can unsubscribe from marketing emails via the link in those emails.

Feedback: If you submit suggestions, you assign all rights in the feedback to us, and we may use it without restriction.9) E-Commerce Terms

9.1 Pricing, Taxes, Order Acceptance.

Prices are subject to change without notice. We may refuse or cancel any order for any reason, including compliance or availability. You are responsible for any applicable taxes (other than our income taxes).

9.2 Payments

Payments will be processed via our application and/or one or more third-party payment processors (“Payment Processors”). Your use of payment functionality is subject to the applicable Payment Processor terms and privacy policy, which you agree to by using the payment features. You authorize charges to your selected payment method and agree to keep payment information current. We are not responsible for payment processing errors or fees.

9.3 Shipping; Risk of Loss

Orders ship via USPS to addresses we permit. Title and risk of loss pass to you upon our delivery of items to the carrier. Shipping dates are estimates only. We may require adult signature upon delivery where required by law. We may cancel or refund orders we cannot fulfill or ship lawfully.

Product-Specific Shipping Restrictions (Subject to Change)

Some product categories cannot be shipped to certain states. Where applicable, we will restrict checkout and/or cancel orders that violate these limitations:

THC-A Disclaimer:

(All products contain less than 0.3% hemp derived Delta 9 THC in compliance with the 2018 Farm Bill.

This product is not available for shipment to the following states:

Arkansas, Hawaii, Idaho, Kansas, Louisiana, Oklahoma, Oregon, Rhode Island, Utah, Vermont.)

Delta-9 Disclaimer:

(All CBD/Hemp products must be compliant with the 2018 Farm Bill. Hemp is defined under the 2018 Farm Bill to include any cannabis plant, or derivative thereof, that contains not more than 0.3% Delta-9 content.

Delta-8 Disclaimer:

(This product is not available for shipment to the following states:

Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Iowa, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New York, North Dakota, Oregon, Rhode Island, Utah, Vermont, Virginia, Washington, West Virginia.)

We may update these lists at any time to reflect evolving laws/regulations.

9.4 Returns & Refunds

We accept returns of unopened products within 30 days of delivery. To start a return, contact us at legal@liftedlemonade.com with your order number. Returned items must be sealed and in original condition. Shipping fees are non-refundable unless required by law. We do not accept returns for opened consumables, final sale items, or products damaged due to misuse.

9.5 Order Cancellation

You may cancel an order until a shipping label has been created for fulfillment. After that point, the order may no longer be canceled. If we cannot fulfill an order, we may cancel it and issue a refund.

9.6 Subscriptions & Discounts

We do not currently offer subscriptions or discounts. If we introduce them later, additional terms will apply.

10) Third-Party Materials & Links

The Site may include third-party content, services, or links. We do not control or endorse third-party sites or materials and are not responsible for their content or practices. Your use is at your own risk and may be subject to third-party terms.

11) Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold Lifted Lemonade and its affiliates, officers, employees, and agents harmless from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use or misuse of the Site, Services, or products; (b) your User Content; (c) your violation of these Terms; or (d) your violation of laws or third-party rights.

12) Warranty Disclaimers

YOUR USE OF THE SITE, SERVICES, AND PRODUCTS IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT THE SITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, SO SOME DISCLAIMERS MAY NOT APPLY TO YOU.

13) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIFTED LEMONADE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE, SERVICES, OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, SERVICES, OR PRODUCTS SHALL NOT EXCEED FIFTY U.S. DOLLARS (US $50). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

14) Termination

We may suspend or terminate your access to the Site or Services at any time for any reason, including violations of these Terms. Upon termination, your right to use the Site and Services ceases immediately. Sections that by their nature should survive (including, without limitation, IP, User Content license, warranties, limitations of liability, arbitration) will survive.

15) DMCA Policy

15.1 Notices of Claimed Infringement

We respect intellectual property rights. If you believe content on the Site infringes your copyright, send a notice to our DMCA Agent at legal@liftedlemonade.com (Subject: “DMCA Takedown Request”) or by mail to:

DMCA Agent – Lifted Lemonade LLC

Address: 1325 De Baca Rd SE, Deming, NM 88030

Your notice must include: (a) signature of the rights owner or authorized agent; (b) identification of the copyrighted work; (c) identification of the infringing material and its location; (d) your contact information; (e) a statement of good-faith belief; and (f) a statement that the information is accurate and, under penalty of perjury, you are authorized to act.

15.2 Counter-Notice

If your content was removed by mistake or misidentification, you may send a counter-notice to the DMCA Agent including: (a) your signature; (b) identification of the removed material and its prior location; (c) a statement under penalty of perjury that removal was a mistake; (d) your contact information; and (e) consent to jurisdiction in the federal courts for your district (or New Mexico if outside the U.S.) and acceptance of service from the original complainant.

15.3 Repeat Infringers

We may terminate accounts of repeat infringers in appropriate circumstances.

16) Arbitration; Class Action Waiver; Jury Waiver

Agreement to Arbitrate. Except for individual claims in small-claims court (if eligible) or claims seeking injunctive relief for IP misuse, any dispute between you and Lifted Lemonade arising out of or related to these Terms, the Site, Services, or products will be resolved by final and binding arbitration administered by JAMS under its applicable rules. The Federal Arbitration Act governs interpretation and enforcement of this section.

Location & Process. Arbitration may be conducted by video, phone, based on written submissions, or in person in New Mexico (or another mutually agreed location). JAMS rules govern fees. The arbitrator has exclusive authority to resolve disputes about arbitrability and these Terms.

Individual Basis Only. YOU AND LIFTED LEMONADE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A CLASS MEMBER OR REPRESENTATIVE, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS.

Waiver of Jury Trial.

YOU WAIVE ANY RIGHT TO A JURY TRIAL.

If any part of the class waiver is deemed unenforceable for a claim, the entire arbitration agreement is void as to that claim.

17) Governing Law; Venue

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws rules. For any dispute not subject to arbitration, the exclusive venue will be the state or federal courts located in New Mexico, and you consent to jurisdiction there.

18) Changes to These Terms

We may update these Terms at any time by posting the revised version on the Site and updating the “Last Updated” date. Your continued use after changes are posted constitutes acceptance.

19) California Consumer Notice

Under California Civil Code §1789.3, California users may contact the Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; (800) 952-5210 or (916) 445-1254; dca@dca.ca.gov. You may also contact us using the information below.

20) Contact Information

Lifted Lemonade LLC

Email: legal@liftedlemonade.com

Mailing Address: 1325 De Baca Rd SE, Deming, NM 88030

21) FDA Disclaimer

The statements made regarding these products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure, or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug, and Cosmetic Act require this notice.

THC-A Disclaimer

All products contain less than 0.3% hemp derived Delta 9 THC in compliance with the 2018 Farm Bill. This product is not available for shipment to the following states:

Arkansas, Hawaii, Idaho, Kansas, Louisiana, Oklahoma, Oregon, Rhode Island, Utah, Vermont.

Delta-9 Disclaimer

All CBD/Hemp products must be compliant with the 2018 Farm Bill. Hemp is defined under the 2018 Farm Bill to include any cannabis plant, or derivative thereof, that contains not more than 0.3% Delta-9 content.

Note:

In the states of Idaho, New Hampshire, South Dakota – zero (0%) Delta-9 content is allowable by law. Products with any amount of Delta-9 content must not be shipped to these states.

Delta-8 Disclaimer

This product is not available for shipment to the following states:

Prop 65:

WARNING: This product can expose you to chemicals including cannabis smoke and Δ9-tetrahydrocannabinol (Δ9-THC), which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to