Notice Regarding Dispute Resolution
Affirmative Representations Regarding Your Use of this Website
License; Limitations on Use
Scope of Use
Linking to this Website
. You may not Use this Website and/or any Content to:
a.Conduct commercial or promotional activities or sales efforts without prior written consent from Flora Spirits.
b. Infringe upon the rights of any third party, including intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights, or engage in deceptive or fraudulent activity.
c. Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above or with prior written consent from Flora Spirits.
d.Manually extract, decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content without prior written consent from Flora Spirits.
e.Determine this Website’s architecture, or extract data or information about usage, individual identities or users, via use of any network monitoring or discovery software or otherwise.
f.Monitor, copy, scan, review, index, mirror, ping or validate our Website or the Content without Flora Spirits’s prior written permission, via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation or verification are prohibited).
g. Transmit any computer virus, worm, defect, Trojan Horse, or any other item of a destructive nature, or upload any virus or malicious code.
h. Transmit any false, misleading, fraudulent or illegal communications, information or data.
i. Engage in phishing, spoofing, or other illegal or fraudulent activities, or violate applicable laws in your jurisdiction.
j. Access unauthorized information.
k. Attack, threaten with violence, stalk, harass, incite, harm, or intimidate any other user, person or organization, or engage in any other threatening behavior.
l.Transmit or post any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, fraudulent, invasive of another’s privacy, hateful, or otherwise objectionable, for example, any materials containing racial, ethnic, or other slurs, or hate speech, or which attack an individual or group on the basis of race, gender, gender identity, ethnicity, religion, national origin, or sexual preference.
m.Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam (note that sending the same message multiple times or to multiple people will be treated as spam), chain letters, contests, pyramid schemes, surveys, or any other form of solicitation or mass messaging, whether commercial in nature or not.
n. Export or re-export this Website or any portion thereof, or its Content, in violation of the export control laws and regulations of the United States of America.
Third Party Content, Links, Platforms and Communications
Third Party Content
. Third party content (including, without limitation, content posted by other users of the Website) may appear on this Website or may be accessible via links from this Website. Flora Spirits shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Website. You understand that the information and opinions in the third-party content is neither endorsed by, nor does it reflect the beliefs or opinions of, Flora Spirits. Further, information and opinions provided by employees and agents of Flora Spirits in Interactive Areas are not endorsed by Flora Spirits and do not represent the beliefs and opinions of Flora Spirits.
Third Party Links
Third Party Platforms
Third Party Communications
Intellectual Property Rights
Warranty Disclaimer; Limitation on Liability
Disclaimer of Warranties
A.TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT THAT THIS WEBSITE OR THE CONTENT IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (I) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (II) THIRD PARTY COMMUNICATIONS; (III) ANY THIRD PARTY PLATFORMS, WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (IV) THE UNAVAILABILITY OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF; (V) YOUR USE OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS; OR (VI) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
B.TO THE EXTENT PERMITTED BY APPLICABLE LAW,WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE WEBSITE’S CONTENT, THE CONTENT OF ANY WEBSITE LINKED TO THE WEBSITE, POSTINGS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO BY THE WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS; MISTAKES OR INACCURACIES OF CONTENT AND POSTINGS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND POSTING OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE.
C.WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE POSTINGS, OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR PRODUCTS OR SERVICES MADE AVAILABLE ON THIRD PARTY SITES. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE IN CONNECTION WITH THIRD PARTY POSTINGS, THIRD PARTY SITES, OR ANY PRODUCTS OR SERVICES OFFERED THROUGH THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE RESULTING FROM SECURITY VULNERABILITIES IN THIRD PARTY PRODUCTS OR FROM YOUR RELIANCE ON THE BUSINESS LISTINGS, RATINGS, OR REVIEWS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE WEBSITE.YOU ASSUME ALL RISK WHEN USING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS, INCLUDING CONTRACTING FOR OR SUPPLYING SERVICES OF ANY NATURE.
D.PROVIDER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS SEEKING SERVICES OR USERS SUPPLYING SERVICES AS LISTED ON THIS WEBSITE. PROVIDER DOES NOT ASSUME AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY RESULT FROM THE USE OF THIS INFORMATION. PROVIDER IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS WEBSITE.
E.WHEN FLORA SPIRITS POSTS CONTENT AND MATERIALS, INCLUDING REVIEWS OF PRODUCTS AND SERVICES AND LINKS TO WEBSITES, PLEASE BE AWARE THAT THESE CONTENT AND MATERIALS MAY REFERENCE, LIST, REVIEW, AND/OR RATE ENTITIES, PRODUCTS OR SERVICES WITH WHICH WE HAVE DIRECT OR INDIRECT AFFILIATIONS OR OTHER RELATIONSHIPS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ABSENCE OR EXISTENCE OF, OR THE EXTENT OR NATURE OF, ANY DIRECT OR INDIRECT AFFILIATIONS OR RELATIONSHIPS THAT WE MAY HAVE WITH ANY ENTITIES, PRODUCTS OR SERVICES THAT ARE REFERENCED, LISTED, REVIEWED AND/OR RATED ON THE WEBSITE. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE HAVE NO LIABILITY OR RESPONSIBILITY OF ANY KIND FOR ANY FURTHER UNDERSTANDING YOU MAY HAVE ABOUT THE ABSENCE OR EXISTENCE OF, OR THE EXTENT OR NATURE OF, AFFILIATIONS OR RELATIONSHIPS AMONG US AND ANY OTHER ENTITIES, PRODUCTS OR SERVICES IDENITIFID ON, FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
Limitation of Liability
Exceptions to Disclaimers and Liability Limitations
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN SECTIONS 6.1 AND 6.2 MAY NOT APPLY TO YOU.
Third Party Beneficiaries
. The provisions of Section 6 (Warranty Disclaimer; Limitation on Liability) and Section 7 (Indemnification) are for the benefit of Flora Spirits and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
to address any concerns you may have regarding your use of this Website. Most concerns may be quickly resolved in this manner. Each of you and Flora Spirits agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Flora Spirits if you do not prevail in arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver
. You and Flora Spirits each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Flora Spirits each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 9.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims
. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Right to Opt-Out
.You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 9.2, 9.3 and 9.4 by sending written notice of your decision to opt-out to the following email:
. The notice must be sent within thirty (30) days of first using this Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation
Notice to California Users
. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to
. Users may also contact us by writing to Flora Spirits, Inc., [ADDRESS]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Errors and Corrections
. Flora Spirits may make improvements and/or changes to this Website’s features or functionality, or Content or Postings, at any time.
Severability of Provisions
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