USER ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS OF USE
Last Updated February 19th, 2019
WELCOME TO THE WEBSITE OWNED AND OPERATED BY FLAGSHIP RETAIL INC (“CANNDESCENT”, “FLAGSHIP”, “WE” OR “US”), CANNDESCENT.STORE AND OTHER AFFILIATED WEBSITES (THE “WEBSITE”). BEFORE YOU USE THE WEBSITE SUBJECT TO THESE TERMS AND CONDITIONS OF USE (“TCU”), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN FLAGSHIP AND YOU OR THE LEGAL ENTITY THAT YOU REPRESENT (“YOU, YOUR, “YOURSELF”, “USER”, OR “CUSTOMER”) WHICH GOVERNS YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE (AS DEFINED BELOW) IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS TCU TO THE EXCLUSION OF ALL OTHER TERMS. THESE TCU APPLY TO YOUR USE OF, AND ACCESS TO, THE WEBSITE THROUGH ANY DEVICE (COMPUTER, MOBILE PHONE DEVICE, ETC.) OR FROM ANY LOCATION. BY USING, ACCESSING, AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TCU AS POSTED, MODIFIED AND/OR AMENDED BY CANNDESCENT (WITH OR WITHOUT NOTICE TO YOU) FROM TIME TO TIME. NO CHANGES OR MODIFICATIONS TO THESE TCU ARE VALID OR ENFORCEABLE AGAINST CANNDESCENT UNLESS EXPLICITLY AGREED TO BY CANNDESCENT IN WRITING. WHEN CHANGES ARE MADE TO THESE TCU, THE “LAST UPDATED” DATE AT THE TOP OF THESE TCU WILL BE REVISED TO REFLECT THE DATE THE MOST RECENT CHANGES WERE INCORPORATED. THIS WEBSITE IS OPERATED FROM OUR OFFICES IN LOS ANGELES, CALIFORNIA, UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATION THAT THE CONTACT ON THE WEBSITE IS LEGAL OR APPROPRIATE IN OTHER TERRITORIES OR JURISDICTIONS. USING OR ACCESSING THE WEBSITE IN OTHER TERRITORIES OR JURISDICTIONS WHERE ITS CONTENT MAY BE ILLEGAL, OBSCENE, OR VIOLATIVE OF ANY OTHER LAWS IS STRICTLY PROHIBITED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ANYONE CHOOSING TO ACCESS THIS WEBSITE FROM OTHER STATES OR COUNTRIES DO SO AT THEIR OWN RISK AND SUCH USERS ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
PRODUCTS AND ACCURACY OF CONTENT
The content that appears on our Website (“Materials” or “Content”) is solely for informational purposes. We attempt to ensure that the Materials and Content on this Website are complete, accurate, and current. Despite our efforts, the Materials or Content on this Website may be inaccurate, incomplete, or out of date and errors, such as typos, omissions, or inaccuracies, related to product descriptions, offers, pricing, availability, and promotions may appear from time to time. We make no representation as to the completeness, accuracy, or up-to-date nature of any Materials or Content on this Website. To the fullest extent permissible by applicable law, CANNDESCENT reserves the right to correct any errors and to change or update any features, content, specifications, products, colors, and prices (which are always displayed in U.S. Dollars unless otherwise indicated) of products and services described or depicted on this Website or to cancel any orders if any information pertaining thereto is inaccurate at any time without prior notice.
This Website may contain certain regulated products, which may include minimum purchasing and usage age requirements. An age verification check occurs upon first visiting this Website on any device and by your confirming that you are of legal purchasing age. We will use your provided information and may deny or cancel your purchases due to such regulations. Only persons of legal purchasing age and that have been age verified can purchase products and participate in any promotions or offers from the Website.
Products sold by Canndescent are not a smoking cessation product and have not been evaluated by the Food and Drug Administration, nor are they intended to treat any condition.
Additionally, all vaporization product(s) should not be considered 100% safe. If you have any health concerns about use of a vaporizer for any purpose, we recommend that you consult with your physician. Inhalation of vaporized or heated materials may aggravate existing respiratory conditions, and you are responsible for the material that you consume with CANNDESCENT products. Do not use vaporization products if you are pregnant or nursing. Keep vaporizing products out of reach of children and pets. No safety or health claims are made or intended by CANNDESCENT or its owners about any vaporizing product. User assumes liability for all items.
Lithium-based batteries are potentially dangerous. CANNDESCENT, its owners, suppliers, and affiliates are not responsible for injury or damage caused by any product for any reason.
Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including their applicable colors. The actual color you see, however, will depend on factors, such as the settings you have selected for the device on which you are viewing the Website, and the color of a particular product may appear different in person. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time. Products on the Website are available only while supplies last.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right (to the fullest extent permissible by applicable law), without prior notice and in our sole and absolute discretion, to change or modify any order, limit the order quantity on any product or service, to refuse service to any customer, and/or to refuse access to the Website by any visitor or customer. CANNDESCENT will attempt to notify you of the modification or cancellation of an order but will not guarantee you will receive such notification. In the event that your order is canceled after your credit card has already been charged for the purchase, CANNDESCENT will issue a refund to your credit card account. We also may require verification of information prior to the acceptance and/or shipment of any order. Once your order has shipped, you will receive a shipping confirmation email. CANNDESCENT wants you to be happy with your purchase, so please carefully review the return policy posted on the Website.
BILLING AND PAYMENT
To the extent you purchase any goods and/or services from CANNDESCENT through the Website, you agree to pay for all goods and services ordered from CANNDESCENT and/or its Third-Party Providers (as hereinafter defined) except as explicitly set forth in a writing signed by an authorized representative of CANNDESCENT. You will provide CANNDESCENT with valid and updated credit card or approved purchase order information as well as accurate billing and contact information. If you provide credit card or other authorized payment method information to CANNDESCENT, you authorize CANNDESCENT, or a credit card processor of its choosing, to bill such credit card or to make such charges as applicable. If CANNDESCENT, in its sole and absolute discretion, permits you to make payment using a method other than a credit card or other authorized payment method, CANNDESCENT will invoice you at, or within a reasonable period of, the time of the purchase request.
OWNERSHIP OF WEBSITE CONTENT AND MATERIALS
Unless specifically provided otherwise, all Materials and Content provided on the Website, including, but not limited to, information, documents, products, logos, graphics, audio clips, images, compilations, text, copy, software, illustrations, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress, and other Website content and services are the exclusive property of CANNDESCENT or its licensors (third-party authors, developers, or vendors, collectively “Third-Party Providers”), all rights reserved. Except as stated herein, none of the Materials or Content may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, transferred, exploited, sold, posted, transmitted, and/or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or other means without the prior express written permission of CANNDESCENT and/or a Third-Party Provider (as applicable). Copyrighted Content or Materials may be downloaded to your computer or other electronic device for personal viewing and non-commercial use only. Except as otherwise expressly permitted under copyright or other applicable law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express written permission of CANNDESCENT and, where applicable, a Third-Party Provider. In the event of any permitted copying, redistribution, or publication of copyrighted Materials or Content, no changes in, or deletion of, author attribution, trademark legend, or copyright notice shall be made. CANNDESCENT grants you no express or implied rights by way of your permitted downloading of copyrighted Materials or Content.
RESTRICTIONS ON YOUR USE OF THE WEBSITE
Except where expressly provided otherwise by CANNDESCENT, nothing on the Website shall be construed to confer to you any license or ownership right in or to the Materials or Content under any of CANNDESCENT’s intellectual property rights, whether by estoppel, implication, or otherwise. Your use of the Website is pursuant to a single-copy revocable license granted to you by CANNDESCENT. As a condition of your use of the Website, you warrant that you will not use the Website or any products purchased through this Website for any purpose that violates statutes, ordinances, regulations, applicable laws, or that violates the TCU. To the fullest extent permissible by applicable law, you are prohibited from: (i) modifying, in whole or in part, the Materials or Content of the Website; (ii) using the Materials or Content, in whole or in part, for any sale, rental, public display, or other commercial purpose; (iii) disassembling, de-compiling, and/or reverse engineering any software materials; (iv) removing any copyright or other proprietary notice from the Materials or Content; or (v) transferring, exporting, or assigning (or attempting to transfer, export, or assign) the Materials or Content to another person, either in whole or in part. You agree to prevent any unauthorized copying of the Materials or Content.
Should you choose to create an account on the Website, you agree to provide true, accurate, current, and complete information about yourself. To the fullest extent permissible by applicable law, you are solely responsible for maintaining the security of your username, account information, and password and for restricting access to such information and to your computer. To the fullest extent permissible by applicable law, you agree to accept sole responsibility for all activities that occur under your account or password, if such use was authorized by you. To the fullest extent permissible by applicable law, CANNDESCENT reserves the right to terminate your account at any time and with or without notice for any reason or no reason at all.
THIRD-PARTY CONTACT AND PROHIBITION ON LINKING AND FRAMING
The Website may contain links or have references to websites controlled by parties other than CANNDESCENT. CANNDESCENT is not responsible for, and does not endorse or accept any responsibility for, the content or use of these third-party websites, nor does CANNDESCENT guarantee the performance of any goods and services provided by any third-party. CANNDESCENT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CANNDESCENT of the linked website, the Materials and Content found at the linked website, or the host or owner of the website, except as specifically stated otherwise by CANNDESCENT. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature. To the fullest extent permissible by applicable law, you agree that CANNDESCENT shall not be directly or indirectly responsible or liable for any damage or loss caused or allegedly caused by or regarding any third-party website. Further, it is CANNDESCENT’s policy that you not create or post a link or a frame to our Website without our prior written approval. If you wish to link to our Website, please contact us by using our Customer Care Form to request permission to do so.
CANNDESCENT welcomes comments, reviews, and feedback from its valued customers. However, it is our policy to not accept or consider unsolicited creative ideas, suggestions, proposals, plans, or other material. If unsolicited creative works or any materials are submitted at our invitation (for product reviews, sweepstakes, or contest entries, etc.), all such submissions shall be subject to the TCU. Except where expressly provided otherwise by CANNDESCENT, by submitting comments, feedback, information, and data to CANNDESCENT through, in association with, or in regard to, the Website and/or any other CANNDESCENT goods or services (“Submissions”), you automatically grant CANNDESCENT the worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, and distribute such Submission (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material, to the fullest extent permissible by applicable law. You also permit any other user of the Website to access, view, store, or reproduce any of your Submissions for that user’s personal use. You hereby waive any right to inspect or approve Submissions as used and distributed by CANNDESCENT. You represent and warrant that you own or control all Submissions and have the right to grant CANNDESCENT (and other users of the Website, as applicable) these rights.
You agree not to transmit any material through the Website or post any Submission that violates the copyright, trademark, or other proprietary rights of others or is: (i) defamatory, abusive, harassing, threatening, or invasive of privacy or publicity rights; (ii) bigoted, hateful, or racially or otherwise offensive; (iii) violent, vulgar, profane, obscene, pornographic or otherwise sexually explicit; (iv) unlawful, would encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise harms, or can reasonably be expected to harm, any person or entity; or (v) advertises or solicits products or services (without CANNDESCENT’s express prior written approval). Any conduct by you that, in CANNDESCENT’s sole discretion, restricts or inhibits any other user from using or enjoying our Website will not be permitted. You shall not use this Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of our users to become subscribers of on-line services if such other services are competitive with this Website.
CANNDESCENT reserves the right, but disclaims any obligation or responsibility, to monitor the Materials and Content of the Website and to refuse to post, communicate, or remove any Submission from the Website that violates the TCU and disclose any Submission to facilitate compliance with any laws, regulations, or government requests including, for example, compliance with a court order or subpoena or help to enforce the TCU and/or protect the safety or security of any person or property, including the Website. Moreover, we retain all rights to remove Submissions that violate the TCU or are otherwise objectionable at any time, for any reason, and without notice to you.
USE OF THE WEBSITE BY CHILDREN
CANNDESCENT does not accept Submissions from persons under the age of 13 (“Child” or “Children”). Furthermore, CANNDESCENT does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 13. If you are under the age of 18, you must have a parent or legal guardian set up your account and have her/him agree to the TCU. If you are under the age of 18, your parent or legal guardian’s consent to these TCU is ongoing and they hereby warrant that they will review the website and these terms for content and changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to the TCU. Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, her/his parent or legal guardian hereby grants CANNDESCENT all rights to utilize the copyright and image / likeness embodied therein as further enumerated in the TCU.
REPRESENTATIONS AND WARRANTIES
Each party represents and warrants that it has the power and authority to agree to be bound by the TCU. CANNDESCENT further warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as CANNDESCENT, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to agree to the TCU on her/his/its behalf.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER CANNDESCENT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (COLLECTIVELY, THE “CANNDESCENT PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION, SERVICES, MERCHANDISE, AND/OR MATERIALS ASSOCIATED WITH, OR PROVIDED THROUGH, THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND THE GOODS, PRODUCTS, SERVICES, CONTENT, AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ANY WARRANTY OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAWS.
YOU UNDERSTAND THAT IN USING THE WEBSITE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD-PARTY INFRASTRUCTURES WHICH ARE NOT UNDER CANNDESCENT’S CONTROL (SUCH AS A THIRD-PARTY’S SERVERS). CANNDESCENT MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY INJURY OR DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, RECORD WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, OR UNDER ANY OTHER CAUSE OF ACTION. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SPECIFICALLY ACKNOWLEDGE THAT THE CANNDESCENT PARTIES ARE NOT LIABLE FOR THE OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE CANNDESCENT PARTIES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE, OR THE SOFTWARE USED IN CONNECTION WITH THE WEBSITE, WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE OR LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, EVEN IF SUCH CANNDESCENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THE PROVISION OF THIS SECTION SHALL APPLY TO ALL MATERIALS AND CONTENT ON THE WEBSITE. THE EXCLUSIONS AND LIMITATIONS STATED HEREIN ARE ENFORCEABLE IN THE STATE OF CALIFORNIA; HOWEVER, SOME OTHER STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES AND, AS A RESULT, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH STATES, AS WELL AS THE STATE OF CALIFORNIA, THE LIABILITY OF THE CANNDESCENT PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANNDESCENT OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCU.
To the fullest extent permissible by applicable law, you shall defend, indemnify, and hold the CANNDESCENT Parties harmless from and against any and all demands, claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of, or regarding: (i) your use, or any authorized or unauthorized third-party’s use, of the Website and/or your violation of any provision of the TCU; (ii) third-party claims, actions, or allegations of infringement based on information, data, or content you submitted in connection with the Website; (iii) any fraud, manipulation, or other breach of the TCU by you; or (iv) any claim whatsoever resulting from you or your affiliates’, employees’, contractors’, or agents’ breach of the Children’s Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), or any other state or federal medical privacy or electronic privacy laws. CANNDESCENT reserves the right, at its own expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. CANNDESCENT shall have no indemnification obligation or other liability for any claim of infringement arising from: (a) use of the Website and/or the goods, services, or Materials and Content associated with the Website other than in accordance with the TCU; (b) the combination of the Website and/or the goods, services, or Materials and Content associated with the Website with any other products, services, or materials; or (c) any third-party products, services, or materials.
In the event of a potential indemnity obligation under this Section, the indemnified party shall: (i) promptly notify the indemnifying party in writing of such claim; (ii) allow the indemnifying party to have control of its defense and settlement; (iii) upon request of the indemnifying party, cooperate in all reasonable respects, at the indemnifying party’s cost and expense, with the indemnifying party in the investigation, trial, and defense of such claim and any appeal arising therefrom. The indemnifying obligations stated in this Section are expressly conditioned upon the indemnifying party’s compliance with this Section. The indemnification obligations of this Section shall survive termination of your use of the Website for the latter of the conclusion of a claim or one year.
You will comply with all applicable local, state, national, and foreign laws, treaties, regulations, and conventions regarding your use of the Website, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which CANNDESCENT controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.
NOTICES AND COPYRIGHT COMPLAINTS
CANNDESCENT may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in CANNDESCENT’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in CANNDESCENT’s account information. You may give notice to CANNDESCENT at any time by letter sent by registered mail with return receipt to:
FLAGSHIP RETAIL INC,
3905 State Street
Santa Barbara, California 93105
All notices shall be deemed to have been given four business days after mailing or 72 hours after sending by email or posting to the Website.
CANNDESCENT values its own intellectual property rights, and we also respect the intellectual property rights of others. As such, we require anyone using our Website to comply with these TCU and all applicable laws regarding intellectual property. CANNDESCENT complies with the Digital Millennium Copyright Act (“DMCA”), and if you believe that any Content or Materials on our Website violates this TCU or your copyright, please report the violation to us by sending a notice to CANNDESCENT’s designated agent via email at email@example.com or via registered US mail sent return receipt requested to:
FLAGSHIP RETAIL INC,
3905 State Street
Santa Barbara, California 93105
In order for your copyright violation to be effective, it must include the following:
- An accurate description of the intellectual property or copyrighted work allegedly infringed;
- The URL showing where the allegedly infringing material is located on the Website;
- Your address, email, and telephone number so that we may contact you;
- Your statement that you have a good faith belief that the use of allegedly infringing material is not authorized by the owner of the intellectual property rights to said material;
Your statement (under penalty of perjury) that the information in your notice is true and correct and that you are either (i) the owner of the intellectual property or (ii) authorized to act on behalf of the owner of the intellectual property;
An electronic or physical signature of the owner of the intellectual property or the individual authorized to act on behalf of the owner.
As it is often difficult to determine whether intellectual property rights have, in fact, been violated, we may request additional information from you prior to removing the allegedly infringing material.
Goods available on or through the Website are subject to United States Export Controls. The Website may not be used (a) in (or by a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; (b) by anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, or under the control of, a national or resident of any such country or on any such list.
GOVERNING LAW AND DISPUTE RESOLUTION
The TCU shall be construed in accordance with, and governed by, the laws of the United States of America and the State of California, without reference to their rules regarding conflicts of law. 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 Website or services available on the Website shall be determined by arbitration in the County and City of Santa Barbara, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration 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 the County and City of Santa Barbara, California. You hereby accept the exclusive jurisdiction of such court for this purpose.
The TCU represents the parties’ entire understanding between each user of the Website and CANNDESCENT regarding the subject matter hereof and supersedes any prior or contemporaneous, conflicting, or additional statements, representations, communications, or agreements. CANNDESCENT reserves the right to change the TCU or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then-current TCU as it is binding on you. Certain provisions of the TCU may be superseded by expressly designated legal notices or terms located on other pages of the Website which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of the TCU is found to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between CANNDESCENT and you as a result of the TCU or use of the Website. To the fullest extent permissible by applicable law, CANNDESCENT may assign the TCU, in whole or in part, at any time, with or without notice to you. You may not assign the TCU, or any part of the TCU, to any other party. Any purported assignment in violation of this Section shall be void. CANNDESCENT reserves the right to use Third-Party Providers in the provision of the Website and/or the goods, services, and/or Materials associated therewith. Any cause of action by you against CANNDESCENT, including a request for arbitration, must be instituted within one year after the cause of action arises or be deemed forever waived and barred. To the fullest extent permissible by applicable law, the failure of CANNDESCENT to enforce any right or provision in the TCU shall not act as a waiver of such right or provision or the ability to later assert that right relative to the particular situation involved. To the fullest extent permissible by applicable law, any and all rights not expressly granted herein are reserved by CANNDESCENT. The headings in the TCU are for your convenience only and have no legal effect. The TCU is intended for the sole and exclusive benefit of you and CANNDESCENT and is not intended to benefit any third-party. Only the parties to this agreement may enforce it. Each party hereto is an independent contractor and neither party is, nor will claim to be, a legal representative, partner, franchisee, agent, or employee of the other. The TCU sets forth the parties’ entire liability and exclusive remedies relating to this agreement.
INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by copyright, trademark, trade dress, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Website may be copied or retransmitted unless expressly authorized in writing by CANNDESCENT. The CANNDESCENT trademark and/or other identifiers referenced herein are trademarks of CANNDESCENT, and may be registered in certain jurisdictions.
The TCU constitutes an agreement that shall remain in effect unless and until suspended, discontinued, or terminated by CANNDESCENT at any time, without notice. In the event of termination, you are no longer authorized to access this Website and the restrictions imposed on you with respect to the Materials or Content and the disclaimers and limitations of liabilities set forth in the TCU shall survive to the fullest extent permissible by applicable law. Notwithstanding the foregoing, you shall remain personally liable for any orders that you place or charges that you incur prior to termination.
QUESTIONS AND CONTACT INFORMATION
If you have any questions about the TCU, or if you would like to request permission to use any Materials or Content from our Website, please feel free to contact us via our Customer Care Form. Thank you, and we hope you enjoy our Website!
Copyright © 2019 FLAGSHIP RETAIL INC. All rights reserved.