Terms and Conditions
Last updated: May 23, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.florahealth.com/intl website (the "Service") operated by Flora, Inc. ("us", "we", or "our").
Your access to and use of the Service is conditioned upon compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction, or breach of the above warranty is suspected.
Availability, Errors, and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes, and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content, features, and functionality are and will remain the exclusive property of Flora, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Flora, Inc.
Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by Flora, Inc.
Flora, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Flora, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
As consideration for allowing You to use the Service, you agree to defend, indemnify, and hold harmless Flora, Inc. and its licensee and licensors, and their employees, contractors, agents, officers, and directors, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Flora, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, 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.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Flora, Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Notwithstanding the above, the above exclusions and limitations of liability are intended to apply to you to the greatest extent allowed by law.
These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Any action, claim, demand, or other dispute in law or equity, under common law, statute, or contract, arising out of the use of the Services or website, or the purchase of any product from Flora, Inc. shall be conducted through binding, non-appealable arbitration to occur in Bellingham, Washington. Any such arbitration shall be conducted and administered under the American Arbitration Association’s Commercial Arbitration Rules (including, without limitation, the Supplementary Procedures for Consumer-Related Disputes, if applicable), with any award rendered by an arbitrator subject to being entered in any court having jurisdiction.
WAIVER OF RIGHT TO TRIAL AND CLASS ACTION
BY AGREEING TO ARBITRATION, YOU SPECIFICALLY WAIVE THE RIGHT TO HAVE ANY ACTION, CLAIM, DEMAND, OR OTHER DISPUTE IN LAW OR EQUITY, UNDER COMMON LAW, STATUTE OR CONTRACT, ARISING OUT OF THE USE OF THE SERVICES OR WEBSITE, OR THE PURCHASE OF ANY PRODUCT FROM FLORA, INC. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS RESOLVED BY WAY OF BENCH OR JURY TRIAL.
ANY CLAIM DEMAND OR OTHER DISPUTE IN LAW OR EQUITY, UNDER COMMON LAW, STATUTE, OR CONTRACT THAT YOU MAY HAVE AGAINST FLORA, INC. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OF ANY OTHER PARTY WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, OR OTHERWISE.
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 at least 30 days 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 our Service 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 Service.
If you have any questions about these Terms, please contact us.
By Email: Customerservice.firstname.lastname@example.org
By Phone: 1.800.498.3610
Or by Mail:
Attn: E-Commerce Department
805 East Badger Road
Lynden, WA 98264