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Updated June 4, 2024
Welcome to the Sol Flower Terms of Use agreement (the “Agreement”). For purposes of this Agreement, “Site” refers to the website www.livewithsol.com, which can be accessed here. The Site is owned and operated by Copperstate Farms Management II LLC and its affiliates, subsidiaries, and other related companies (the “Company,” “we,” “us,” or “our”). The Company also owns and makes available an application for use on mobile devices, including phones and tablets (the “Mobile App”). “Services” refers to the Company’s services accessed via the Site or the Mobile App, as further described below. “You” refers to you, as a user of our Site or our Services.
Please review the following terms carefully. By accessing Site or Mobile App, or using the Services, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Services.
The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy found here: (Privacy Policy) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Services, you signify your agreement to the Privacy Policy as well as these Terms of Use.
The Services allow you to create and manage your Sol Flower account, join our loyalty program and view rewards, browse our information and services, view educational material, view products, make appointments, place product orders for pick up or delivery (where available) and track order status, receive notifications, and leave product reviews.
You need to be at least 21 years of age or older to use the Site, Mobile App, or Services
If you are a user who signs up for the Services, you will create a personalized account which includes a unique username and a password to access the Services and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
You are responsible for maintaining the confidentiality of your Sol Flower Account login information and are fully responsible for all activities that occur under your Sol Flower Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use, of your Sol Flower Account or any other breach of security. You agree that the Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements and that you will hold the Company harmless for any such loss or damage.
Subject to the terms of this Agreement, the Company grants you a non-transferable, non-exclusive, revocable, limited license to use the Site and Services for your personal, noncommercial use. Subject to the terms of this Agreement, the Company grants you a non-transferable, non-exclusive, revocable, limited license to install and use the software the Company makes available for mobile devices, including the Mobile App, in executable object code format only, solely on your own handheld mobile device and for your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.
The Company reserves the right, at any time, to modify, suspend, or discontinue the Site, Mobile App, or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Mobile App, or Services or any part thereof.
Excluding User Content, you acknowledge that all the intellectual property rights in the Site, Mobile App, and Services are owned by the Company. Accessing the Site, Mobile App, and Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. The Company and its suppliers reserve all rights not granted in this Agreement.
You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which you received the Mobile App, e.g., the Apple App Store® or the Google Play® Store (“App Platform”). You acknowledge that this Agreement is between you and the Company and not with the App Platform. The Company, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement. See Accessing and Downloading the Application from Apple® in Section 4.5 below for additional terms and conditions if you access or download the Mobile App from the Apple App Store.
The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes® or the App Store® (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between you and the Company only, and not Apple, and (ii) that the Company, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that you own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between the Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
(d) You and the Company acknowledge that, as between the Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third-party relating to the App Store Sourced Mobile App or your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and the Company acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between the Company and Apple, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and The Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Mobile App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Mobile App against you as a third-party beneficiary thereof.
(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
The Sol Flower Loyalty Program rewards customers for their loyalty with points earned on qualifying purchases, allowing them to unlock discounts and exclusive benefits. You can enroll with the Sol Flower Loyalty Program through the Site or Mobile App and become a Loyalty Program Member.
As a Member, once you have enrolled in the Sol Flower Loyalty Program you will have the opportunity to earn Loyalty Points on Qualifying Purchases and other published events. Qualifying Purchases any regularly priced product for sale at a Sol Flower dispensary that is not specifically excluded from the Loyalty Program or otherwise identified as ineligible for earning Loyalty Program points. Loyalty Program points can be earned as described in Section 5.2.1 and may be redeemed for various benefits as described in Section 5.2.2. The Company may change the methods of accumulation or redemption at any time and at the Company’s sole discretion. Members can check their point balance at any time through the Site or Mobile App.
Members of the Sol Flower Loyalty Program receive 1 point for each dollar you spend on Qualifying Purchases at any Sol Flower dispensary and 2 points for each dollar you spend on Qualifying Purchases of Copperstate or Jukebox branded products. Members may also receive bonus points or point-multipliers for certain products based on the Member’s tier at the time of the purchase, excluding any points to be earned by the purchase. Members will also have opportunities to gain additional Loyalty Program points or point-multipliers through various advertised promotions or offers on purchases at Sol Flower dispensaries.
Members may redeem points they have accumulated for discounts on purchases from Sol Flower dispensaries. Members will have the opportunity to redeem points and apply Loyalty Program benefits to a purchase through the Mobile App or during the checkout process at a Sol Flower dispensary. When a Member redeems points, the redemption value will be deducted from the Member’s Loyalty Program point balance according to the following values:
|
Point Value |
Discount |
|
100 |
$5 |
|
200 |
$10 |
|
400 |
$20 |
|
600 |
$30 |
|
800 |
$40 |
|
1000 |
$50 |
|
2000 |
$100 |
Loyalty Program points expire 6 months after they are earned and will automatically be deducted from Member’s balances upon expiration.
The Sol Flower Loyalty Program benefits are determined by the balance of points at the time of redemption or when the Company issues Loyalty Program benefits. To maintain your tier in the Sol Flower Loyalty Program, you must meet and maintain the specified criteria identified below.
All Members with a Loyalty Program point balance up to 2,000 points.
All Members with a Loyalty Program point balance of 2,001 points or higher.
In addition to redemption discounts, Members have access to various Loyalty Program benefits based on their membership tier. Some Loyalty Program benefits, such as birthday specials, can be claimed by Members during purchases at a Sol Flower dispensary or through the Mobile App. Other Loyalty Program benefits, such as product offers, farm tours, or event tickets, will be distributed by the Company, the timing of which shall be at the Company’s sole discretion. For the purposes of determining Loyalty Program benefits, a Member’s tier level will be determined by your point balance at the time you claim the benefit or the Company distributes the benefit, excluding any points to be earned in the same transaction.
Members in tier 1 with a point balance of 2,000 or fewer points will receive the following benefits:
Members in tier 2 with a point balance of 2,001 or more points will receive the following benefits:
Achievements in the Sol Flower Loyalty Program are milestone-based rewards that are available to all Members on any tier. Achievements are earned by completing specific actions or reaching predetermined milestones. Achievements and their rewards, along with any specific qualifications and limitations on earning the Achievements, will be periodically published by the Company at the Company’s sole discretion.
By submitting any form on the Site, Mobile App, or other Services that includes a marked checkbox next to an option such as “Opt In To Our Text Deals” or similar substance, you agree and consent to the Company and those acting on its behalf sending you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Services, as well as marketing or other promotional messages. Messages from the Company, its affiliated companies and necessary third-party service providers, may include but are not limited to: operational communications concerning your User account or use of the Services, updates concerning new and existing features on the Company, communications concerning promotions run by us or our third-party partners, and news concerning the Company and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. Your agreement to receive promotional texts is not a condition of purchase of any goods or services offered by the Company. If you change or deactivate the phone number you provided to the Company, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. You agree that texts, calls, or prerecorded messages may be generated by automatic telephone dialing systems and hereby waive your right to pursue any claims arising under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA is deemed un-waivable, you agree that by using the Services or accessing the Site, you are agreeing that any such un-waivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis, as set forth in Paragraph 17.
By entering this Agreement, you are agreeing to receive text messages until you opt-out. You may opt out of receiving promotional text messages from the Company at any time by replying STOP to a promotional text message from the Company. You may opt-out of receiving all text messages from the Company at any time by deleting your account or by replying STOP to any text message from the Company. NOTE: if you opt-out of receiving all text messages from the Company, you will not be able to use certain Services without agreeing to receive operational text messages. You may continue to receive text messages for a short period while the Company processes your request, and you may also receive text messages confirming the receipt of your opt-out request. By entering this Agreement, you are waiving your right to pursue any claims arising under the TCPA related to any messages sent to you while the opt-out request is pending. To the extent any claim under the TCPA is deemed un-waivable, you agree that by using the Site, Mobile App, or Services, you are agreeing that any such un-waivable claim arising under the TCPA will be arbitrated on an individual, not class or representative, basis, as set forth in Paragraph 17.
You may opt back into receiving text messages from the Company at any time by replying START to a text message from the Company.
When you install our Mobile App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the Mobile App is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.
The license granted by this Agreement and your permission to use the Site, Mobile App, and Services is conditioned upon the following use, posting and conduct restrictions.
You agree that you will not under any circumstances:
“User Content” means any and all information and content that a user submits to, or uses with, the Site, the Mobile App, or the Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that the Company is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.
You agree not to use the Site, the Mobile App, or the Services, or any of the Company’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.
When you create your own personalized account, you may be able to provide Age and contact information (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site or Mobile App, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site, the Mobile App, or the Services nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third-party posts or sends via the Services. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Services, or transmitted to users.
THE COMPANY DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE SITE, MOBILE APP, AND SERVICES, OR WITHIN ANY OF THE COMPANY’S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND COMPANY-GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA THE COMPANY’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT A QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, MOBILE APP, SERVICE, OR ON THE COMPANY’S SOCIAL MEDIA PAGES AND CHANNELS
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site, the Mobile App, or the Services or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Services or violation of these Terms of Use, please contact us info@livewithsol.com.
As part of the Services, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or the Mobile App or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site or the Mobile App and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or the Mobile App or relating to any applications you use or install from the Third Party Site.
We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent
If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Services, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
Communications made through the Services email and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site, the Mobile App, or the Services and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to info@livewithsol.com or mail to the following postal address:
Customer Support
637 S. 48th Street
Suite 101
Tempe, AZ 85281
Opting out may prevent you from receiving messages regarding the Site, the Mobile App, or the Services, or special offers.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICES. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Services, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
18.1 Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to or in connection with the Site, the Mobile App, or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the American Arbitration Association (“AAA”) for commercial arbitration and not in court. This agreement to arbitrate applies to any claim brought under the laws of any state or national government, including claims under the Telephone Consumer Protection Act of 1991, the Federal Trade Commission Act, the Consumer Product Safety Act, or any other federal, state or local law or ordinance. There is no judge or jury in arbitration and you are agreeing to waive your right to pursue claims in court to the greatest extent permitted by law. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND THE COMPANY AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class and representative-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to arbitration, and any class or representative-action claims shall proceed in a court of competent jurisdiction in Maricopa County, Arizona. This arbitration agreement is entered into and enforceable pursuant to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Company makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) about which you had already provided notice to the Company. Information on AAA and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If the arbitration in this Section provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in Maricopa County, Arizona. You hereby accept the exclusive jurisdiction of such court for this purpose. To the extent enforceability of this Agreement requires reference to any state law, the Parties agree such reference shall be to the laws of the State of Arizona without regard to conflict of law provisions.
Prior to resorting to formal dispute resolution procedures, you hereby agree to try to resolve disputes amicably and efficiently by emailing customer support at support@solflower.com. Any communication to us regarding any dispute you have must be sent within ninety calendar days of the date of the event giving rise to the dispute. You agree that engaging in this pre-arbitration dispute resolution procedure is a prerequisite to initiating a complaint in arbitration or any other form. If pre-arbitration dispute resolution efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”) within ninety calendar days of the date on which the parties agree that the pre-arbitration dispute resolution has failed. The Notice to us should be sent to the address identified in Section 14.6 below. You hereby agree that failure to follow any of the steps outlined in this paragraph operates as a waiver of your right to pursue your claims in arbitration or any other forum.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Notwithstanding any provision in these Terms to the contrary, we agree that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided in Section below. By rejecting any future change, you are agreeing that you will individually arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If any part of this Terms of Use Agreement is held or found to be invalid or unenforceable, that portion of the Agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site and the Mobile App are governed by the federal laws of the United States of America and the laws of the State of Arizona, without regard to conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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S FLOWER N PHOENIX, INC. – 00000028DCGV00174888
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Open Daily: 8AM-10PM
HOLISTIC PATIENT WELLNESS GROUP – : 00000019DCGM00234427
Open Daily: 8AM-10PM
KANNABOOST TECHNOLOGY INC. – 00000118DCKD0042097 / 00000048ESN041782628
Sunday-Wednesday: 8AM-10PM
Thursday-Saturday: 8AM-Midnight
S FLOWER SE 1, INC – 0000166ESTNUI5027116
Open Daily: 8AM-9PM
S FLOWER SE 3 INC. – 0000171ESTSC03605413
Open Daily: 8AM-10PM
S FLOWER SE 2, INC. – 0000163ESTS081819209
Open Daily: 8AM-9PM
S FLOWER SE 4, INC. – 0000152ESTNJ52349435
Copyright © 2024 Sol Flower. All Rights Reserved. An Equal Opportunity Employer.
License Name: East Valley Patient Wellness Group, Inc.
License #: 00000063DCTB00283389
