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Terms and Conditions of Use

PLEASE READ THESE THE FLOWER POT® SITE (AS DEFINED HEREIN) TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY BEFORE USING THE SITE OR CREATING AN ACCOUNT. By downloading, accessing or using the The Flower Pot website at https://theflowerpot.la (or any successor URL) (“Site”) owned by Cream of the Crop Herbs LLC (hereinafter referred to the brand “The Flower Pot”) you signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in these The Flower Pot Terms and Conditions of Use Agreement (“the Terms”). Access to and use of the Site is conditioned upon acceptance of and compliance with these Terms. If you do not agree with any part of these Terms, then you do not have permission to access the Site. By using the Site, you represent and warrant that you are of legal age to form a binding contract. Your use of the Site is also subject to our Privacy Policy. Throughout the Site and these Terms the use of “we,” “us” and “our” refers to The Flower Pot.

THE SITE AND THEIR FUNCTIONS The Flower Pot has created a curated, specialty Site that connects consumers to quality wellness solutions, including plant-based products that promote all-natural relief and vitality. The Site serves as an online resource for individuals seeking a place to be empowered to discover the benefits of herbal healing and a safe, effective, nature-based approach to personal care.

END USER LICENSE The Flower Pot grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to download and use the Site for personal use only in accordance with these Terms (“User License”). The Flower Pot does not grant you any other rights whatsoever in relation to the Site or the material contained therein. All other rights are expressly reserved by The Flower Pot. Any use of the Site in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Site or The Flower Pot Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute or sublicense the Site. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law). If you breach any of these restrictions, you may be subject to prosecution and damages.

ACCOUNTS, REGISTRATION, AND USE OF THE SITE When you create an account on our Site, you represent and warrant that you are above the age of 21 and that the information you provide us is accurate, complete, and current at all times. We reserve the right to refuse service or terminate accounts in our sole discretion.

To use the Site you are not required to process account registration. If you do elect to process account registration, you will provide your first name, last name, and email address; create a screen name and password; and provide required credit card account information and any other required information to process payment, as applicable. By using the Site, you consent to the transmission of all information (including Personal Information (as defined in our Privacy Policy) which includes, but is not limited to, your name, physical address, phone number, and credit card account information) to The Flower Pot, including its agents and third-party partners, and to them receiving, collecting, storing, processing, transmitting, and using such information or Personal Information for the Site’s functionality. Except for the foregoing, The Flower Pot does not rent, sell, or share Personal Information with third parties without your permission, except (i) to third party entities and service providers in accordance with our Privacy Policy; (ii) pursuant to judicial or other government subpoenas, warrants, or orders; (iii) where The Flower Pot believes the rights, property, or safety of a third party is at risk; (iv) to prevent fraud and/or as necessary to enforce The Flower Pot’s rights under these Terms and The Flower Pot’s Privacy Policy; (v) in conjunction with a merger, acquisition or liquidation of The Flower Pot; or (vii) where otherwise required by law.
The Flower Pot will also collect non-personal information − data in a form that does not permit direct association with any specific individual. The Flower Pot may collect, use, transfer, and disclose non-personal information for any purpose. Such information may include unique device identifier, operating system, Site performance data, location, and the time zone where the Site is used so that The Flower Pot can better understand user behavior and improve our Site.
Subject to these Terms and applicable law, The Flower Pot will retain your data and Personal Information as necessary to comply with its legal obligations, resolve disputes, and enforce its agreements. The Flower Pot has appropriate physical, administrative, and technical procedures in place, which are designed to protect and safeguard your data and Personal Information. Of course, although The Flower Pot uses standard industry practices to protect and safeguard your data and Personal Information, it cannot guarantee that your communications with The Flower Pot or Personal Information will never be unlawfully intercepted or accessed by unauthorized third parties.

By creating an account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and receive notices or other information we may elect to send if you opt in to elect to receive such communications. However, you may at any point in time opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. You agree that you will keep your contact information up to date. If such contact information is not up to date, you may miss out on important notices.

Unless you opt out you agree that we can provide notices through the Site and/or via the contact information you used when you opened your account (e.g. email, mobile number, physical address).

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, restricting access to your computer or account, if applicable.

You may not share your account, username, or password with any other party or use the account, username, or password of any other party. Your password needs to be strong and secure. Unless you close your account or report misuse to us in writing, you will be solely responsible for all activities undertaken and all obligations made by you or through your account (including, but not limited to, any purchases made through your account). You must notify us in writing immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.

To the extent that the Site allows you to link your account to any social networking or other online accounts, you may only link your own accounts. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent, and permit us to access, use and, in some cases, store your account information.

You may only have one single account in the Site. Multiple accounts are prohibited and violate the User License granted herein.

You may be asked to supply certain information relevant to the account and/or account registration you place through the Site, including, without limitation, as applicable, your name; your contact information; address and phone number; your credit card number; the expiration date of your credit card; and your billing address. We may us third parties such as Shopify or Authorize.net to process your payment or process your account registration. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

WHAT YOU AGREE TO DO AND NOT DO

By accessing or in any way using any of the Site and any of the Site’s functionality, including, but not limited to, creating an account and uploading User Content, you represent and warrant as applicable that:

(i) you will only access and use the Site for legal purposes and you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction; (ii) you have all necessary legal capacity, right, power, and authority to enter into
and be bound by these Terms; (iii) you are 21 years of age or older; (iv) you will only have one (1) account; (v) you are not restricted from using the Site; (vi) you have the legal right to use the payment method provided;
(vii) any content you upload onto the Site is wholly original to you or you have the right to use and upload such content and neither the content or your use of the content infringes on the rights of any third party; (viii) you will provide all required information and complete all required aspects of
the account registration process; (ix) all information you provide to us in connection with such account and/or registration is true, accurate, and complete and your real name is used on your account registration; (x) you will keep your account information secure; (xi) you will abide by all requirements of The Flower Pot, including, but not limited
to, these Terms; (xii) you will comply with any applicable third party terms of agreement when using the Site (e.g. you must ensure your use of the Site is not in violation of your internet access provider’s service agreement); and (xiii) you will abide by all applicable laws when submitting your account and/or account registration information and while engaging in all other activities that flow from your access to the Site and use of The Flower Pot products and Site.

Further, you may not in any way use the Site or post or submit to us or to the Site anything which in any respect:

(i) is in breach of any law, statute, regulation, or bylaw of any applicable
jurisdiction; (ii) is fraudulent, criminal, or unlawful; (iii) is inaccurate or out-of-date; (iv) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political; (v) impersonates any other person or body or misrepresents a relationship with any
person or body; (vi) may infringe any rights of us or any third party; (vii) is contrary to any specific rule or requirement that we stipulate on the Site or in
these Terms; or (viii) involves your use, delivery or transmission of any viruses, unsolicited emails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

We reserve the right to refuse any account registration or other order for products or Site you place with us. We may, in our sole discretion, limit how you can use the Site. We reserve the right to refuse or cancel your account and/or registration if fraud or an unauthorized or illegal transaction is suspected and/or if we believe you are in breach of these Terms or misusing the Site.

CONTENT, PRODUCTS, AND ACCURACY OF CONTENT OF THE SITE

All features, specifications, products, prices, discounts, promotions, and offers described on our Site are subject to change at any time, without notice. We have made every effort to accurately display our products, but images on the Site may not exactly match the actual product. All prices displayed on the Site or in connection with your registration and license fees are in U.S. dollars unless otherwise noted. We will add applicable sales taxes or other similar fees as necessary. All purchases are final and not returnable or refundable for any reason. You agree to abide by any additional terms and conditions indicated at the time of purchase.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice.
We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

We do sell and distribute hemp-based products. Hemp Cannabidiol (CBD) is a natural constituent of hemp oil.

We shall not be liable to you or to any third-party in any way whatsoever for any modification, price change, suspension or discontinuance of the Site.

PAYMENT INFORMATION AND SHOPIFY AND AUTHORIZE.NET

You agree to honor your payment obligations and acknowledge and agree that we will store your payment information. If there are additional terms and conditions for payments, such additional terms and conditions will need to be agreed to prior to completing your purchase. You may be subject to foreign transactions fees depending on your location. You can access your purchase history through managing your account settings.

The Site is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to provide our services and sell our products to you. Your information and Personal Information are stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Shopify’s Privacy Policy is here, and applies to all data they collect. If you choose a direct payment gateway to complete your purchase, then The Flower Pot’s payment processor stores your credit card data. It is encrypted according to the requirements of the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. For additional information, you can review Shopify’s terms of service here. If necessary, we may also process your order via

Authorize.net. Authorize.net’s Privacy Policy is here and the terms of service are here – these policies would apply to all data collected and processed by Authorize.net.

We have no relationship with Shopify or Authorize.net other than utilizing their online e- commerce platforms and we have no responsibility for or control over such companies (or their products or services) nor do we endorse them.

RIGHT TO CHANGE THE SITE

We reserve the right to modify, suspend, or terminate the Site, or any service, content, feature or product offered through the Site, or terminate your right to access or use any portion of the Site, with or without notice, at any time in our sole discretion. You agree that we shall not be liable to you or to any third party for any modification, suspension, restriction, or termination of the Site or any portion thereof. You acknowledge that there is no guarantee of any perpetual continuation of any portion of the Site or otherwise to offer any of the products or perform any part of the services offered through the Site at any given time. We make no promise to store or display all of the information and User Content you submit and/or post, if and as applicable. We have no obligation to provide you with a copy of the information you submit and/or post (except as may be noted in our Privacy Policy or as required by applicable law).

YOUR USE OF THE SITE

Your use of the Site is completely voluntary and for your own benefit. You shall not be entitled to compensation of any kind from The Flower Pot for such use. Your use of the Site requires appropriate telecommunication links. We shall not have any responsibility or liability with respect to any costs you may incur due to your use of the Site. You are solely responsible for all of costs involved in your use of the Site, including, but not limited to, computer costs and any other costs that flow directly or indirectly from your use of the Site.

You agree to access or use the Site solely for legal purposes as allowed by these Terms. Amongst other things, you agree not to:

  • hack into the Site, or modify another website or mobile application so as to falsely imply that it is associated or affiliated with the Site;
  • damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Site;
  • violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws);
  • use or copy any material from the Site, including, but not limited to, onto other websites or into mobile applications;
  • frame any of the Site onto your own or another person’s website or mobile application; or
  • access or attempt to access any password-protected, secure or non-public areas of the Site without our express permission.

CONTESTS, SWEEPSTAKES, AND PROMOTIONS

Any contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

CONTENT; OUR INTELLECTUAL PROPERTY OWNERSHIP RIGHTS; THIRD PARTY CONTENT

Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, music, and video clips, and the copyrights, trademarks, trade dress, or other intellectual property in such materials (collectively the “The Flower Pot Content”), are owned, controlled or licensed by The Flower Pot. The Flower Pot brand name and logo are trademarks of The Flower Pot. The Site and the The Flower Pot Content are intended solely for personal, non-commercial use. You may download or copy the The Flower Pot Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded The Flower Pot Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the The Flower Pot Content or the Site. We reserve all of our intellectual property rights in the Site.

Any third-party content, products, or Site posted on, transmitted through, or linked from the Site are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so solely at your own risk. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD- PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, PRODUCTS, OR SITE. If a third party application, service, or site allows you to connect with your account through our Site, such third party application, site, or service may access information related to your account on our Site. You are solely responsible for ensuring you review, agree to, and abide by the terms and conditions of such third party application, site, or service.

CONTENT YOU PROVIDE

If the Site offers the ability to share any content generated by you or other users (“User Content”) such as product reviews, etc., others can see, copy, share, and use it. You are responsible for the User Content that you post on or through the Site, including its legality, reliability, and appropriateness and you should have no expectation of privacy or confidentiality in any User Content you post. We take no responsibility and assume no liability for User Content you or any third party posts on or through the Site.

You represent and agree that any User Content you post will abide by the terms and conditions herein; not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right; and will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User Content. We take no responsibility and assume no liability for any User Content posted by you or any third party.

By submitting User Content to the Site, you grant, and you represent and warrant that you have the right to grant and hereby do grant, The Flower Pot (and its affiliates (entities controlled by, controlling, or under common control with us), partners, agents, licensees, successors and assigns) a perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Content, for any purpose without restriction and without providing any notice, consent, approval, attribution, or compensation to you. If you do not want us to use your User Content, please do not post it to the Site. You may encounter User Content that is in some way offensive, inaccurate, illegal, incomplete, or otherwise objectionable. Your only remedy is to stop viewing such User Content. You may also submit a report to us at hi@theflowerpot.co. We maintain the right, but not the obligation, to monitor and edit all User Content posted on the Site. We are not obligated to publish any User Content on the Site and may remove it in our sole discretion, with or without notice.

PRIVACY

We respect the privacy of your Personal Information (as defined in our Privacy Policy). Please view our Privacy Policy for more information.

DISCLAIMER OF WARRANTIES AND LIMITATION ON DAMAGES

THE SITE (AND PRODUCTS) ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, DISCLAIMING ALL WARRANTIES, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE ASSUME NO LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, PRODUCTS AND SITE THEREIN OR ANY THIRD PARTY WEBSITE(S), APPS, OR PRODUCTS, OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE. WE DO NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE.

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE FLOWER POT OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, SUCCESSORS, AND ASSIGNS, AND EACH OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, SUPPLIERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF BUSINESS OPPORTUNITY, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO (OR LACK THEREOF), OR EXPLOITATION OF THE SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER LEGAL THEORY. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE. NOTWITHSTANDING SUCH LIMITATION, UNDER NO CIRCUMSTANCES SHALL THE FLOWER POT’S MAXIMUM AGGREGATE LIABILITY TO YOU BE MORE THAN FIVE HUNDRED DOLLARS ($500.00).

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE FLOWER POT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

We do not manufacture or control any of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. You expressly agree that your use of, or inability to use, the service is at your sole risk.
Further, statements on the Site have not been evaluated by the Food and Drug Administration. The products on this Site are not intended to diagnose, treat, cure, or prevent any disease. The products and services mentioned on this Site may not be suitable for you. If you have any doubts you should contact a medical professional. The material on this Site does not constitute advice and you should not rely on any material on this Site to make (or refrain from making) any decision or take (or refrain from taking) any action. It is up to our visitors to the Site to make their own decisions, or to consult with a medical professional when evaluating the information on our Site. The material on the Site is not intended to cover all possible uses, directions, precautions, or adverse effects of the Products.
The Flower Pot and any subsidiaries and/or affiliates do not warrant that: a) the Site will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Site are free of viruses or other harmful components; or d) the results of using the Site, the products, Site, and experiences offered will meet your requirements.

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 above limitations or exclusions may not apply to you.

INDEMNITY

You shall defend, indemnify, and hold harmless, The Flower Pot, any subsidiaries and/or affiliates, partners, licensees, successors, and assigns, and each of its and their directors, officers, employees, shareholders, contractors, suppliers, representatives, and agents from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to (i) your use or misuse of the Site; (ii) your use of the
products offered on the Site; (iii) violation of these Terms; (iv) violation by you, or any third party using your account, of any law and/or intellectual property or other right of any person or entity; or (v) any User Content you submitted. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

REMEDIES

In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms, The Flower Pot may immediately terminate these Terms and pursue legal action and/or equitable injunctions in order to compensate The Flower Pot for all injuries caused by such breach. You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms.

EQUITABLE REMEDIES

You hereby agree that if the terms of these Terms are not specifically enforced, The Flower Pot will be irreparably damaged, and therefore you agree that The Flower Pot shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies. You hereby expressly waive all rights to injunctive relief.

COPYRIGHT POLICY

We respect intellectual property rights and will remove or disable access to any material on the Site that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Site violates your copyright, please provide our copyright agent with the written information specified below:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • an description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

David Schnider Nolan Heimann LLP 16133 Ventura Blvd., Ste. 820
Encino, California 91436 dschnider@nolanheimann.com


CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide written notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

TERMINATION

These Terms and the User License are effective until terminated by you or The Flower Pot, with or without written notice. Either of us can terminate this Agreement at any time. Your rights under the User License will terminate automatically without notice from The Flower Pot if you fail to comply with any terms or conditions of the User License. Upon termination of the User License, you shall cease all use of the Site. Upon termination you may no longer access the Site. Further, all amounts owed by you prior to termination shall survive such termination and become due and owing immediately if and as applicable. All terms herein intended to survive termination (including, without limitation, limitations of liability and dispute resolution), shall so survive. Without in any way limiting any other language elsewhere in these Terms, The Flower Pot shall in no way be liable to you for any account closure or termination as described in this Section.

GOVERNING LAW/JURISDICTION AND VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract entered into and wholly performed within the State of California. Any disputes or differences between the parties arising out of these Terms which the parties are unable to resolve themselves shall be submitted to and resolved by arbitration as provided hereinbelow. Notwithstanding the arbitration obligations, The Flower Pot shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction located in Los Angeles, California and you consent to personal jurisdiction of any court of competent jurisdiction in Los Angeles, California. Access to or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

ARBITRATION

This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. Please read this carefully. It affects your rights.

Except for a claim by The Flower Pot of infringement or misappropriation of its patent, copyright, trademark, or trade secret and/or The Flower Pot’s ability to seek injunctive or other equitable relief, any and all disputes between you and The Flower Pot arising under  or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site. You agree that by entering into these Terms, you and The Flower Pot are each waiving the right to trial by jury or to participate in a class action. You and The Flower Pot agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and The Flower Pot must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles, California. Any arbitration proceedings held hereunder shall be confidential.

ATTORNEY’S FEES AND COSTS

Should it become necessary for any party to these Terms to bring a claim in arbitration and/or litigation to enforce any provision herein, or for damages on account of any breach of these Terms, the prevailing party shall be entitled to recover from the other party or parties all costs and expenses incurred in the arbitration and/or litigation, which includes but is not limited to the recovery of reasonable attorney’s fees and court costs.

EMAIL

Feel free to email The Flower Pot at hi@theflowerpot.co. However, any communication may be lost, intercepted or altered. The Flower Pot is not liable for any damages related to communications to or from the Site. You agree with respect to any information provided by you to us through the Site or via e-mail that:

  • The Flower Pot has no obligation concerning such information;
  • The information is non-confidential;
  • The Flower Pot may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation (for purposes of clarification, all submissions, suggestions, corrections, additions, modifications, etc. you submit are owned outright, solely, and exclusively by The Flower Pot without any consent, approval, notice, or compensation to you); and
  • The information is truthful and disclosure of the information does not violate the legal rights of others.

GENERAL LEGAL PROVISIONS

These Terms (and our Privacy Policy any other terms and conditions provided by us to you when you engage with certain features of the Site) contain all the terms agreed between us and you regarding their subject matter and supersedes and excludes any prior terms and conditions, understanding or arrangement between us and you, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between us and you prior to these Terms except as expressly stated in these Terms.

If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. To the extent allowed by law, the English language version of these Terms is binding and all other translations are for convenience only.

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. You may not assign your rights under this Agreement to any party; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved.

CONTACT

If you have concerns relating to the Site or these Terms, please contact The Flower Pot at hi@theflowerpot.co.


Last Modified: January 29, 2019

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