Sweet flower Terms & Conditions

and

Privacy policy

SWEET FLOWER TERMS OF SERVICE

Last Changes to Website Terms of Service: [July 1, 2020]

Please read these terms and conditions of service (“Terms of Service”) carefully before accessing or using this website. These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and SweetFlower IP Holdings, LLC (“Company” or “we” or “us” or “our”), governing your access to and use of the www.SweetFlower.com website as well as any other media form, media channel, mobile application or mobile website related or connected thereto (collectively, the “Site”), and any products (“Products”) or services supplied by or on behalf of us through the Site (collectively, “Services”). Supplemental terms and conditions or documents that may be posted on the Site from time to time, and any new features or tools that are added to the Site shall also be subject to and are hereby expressly incorporated into these Terms of Service by reference.  

By accessing, browsing, or otherwise using the site, you agree to be bound and to abide by the terms and conditions set forth below. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to be bound by all of the terms and conditions contained herein, you may not access or use the Site or the Services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, modify, or replace any part of these Terms of Service in our sole discretion by posting updates and/or changes to our Site.  It is your responsibility to check this page periodically for changes.  By accessing this Site or using our Services following any such change, you agree to adhere to and be bound by the Terms of Service as modified. 

Information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from such locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THIS SITE OR SERVICES.

SECTION 2 – SAFETY ACKNOWLEDGMENT 

On our Site, we provide information about Products.  Our Site may collect information about a user’s experiences and preferences related to the consumption of cannabis or cannabis products.  You acknowledge that, as it pertains to cannabis, Our products are only for residents of California.  Cannabis is a Schedule I controlled substance under the Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties.  You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense.  ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK. 

By using this Site, you acknowledge the information contained in these Terms of Service, the information provided on this Site, within any of Company’s social media pages or channels, and all of the documentation and literature included with any product identified on the Site, was developed for informational and educational purposes only.  In no way is any of the information contained in these Terms of Service or elsewhere on the Site intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. These Products and any statements made regarding these Products have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) for any indication, including safety and efficacy. You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site.  Do not operate vehicles or machinery while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult a physician or other health care professional prior to using cannabis. You and any other user of any product on the Site are solely responsible for the use of such product and the consequences of such use.  Any illegal use or resale of any products listed on the Site could subject you to fines, penalties and/or imprisonment under state and federal law.

SECTION 3 – REGISTRATION AND USER INFORMATION

In order to register to use certain features of the Site you must complete the registration process to obtain a member account (“Member Account”). In order to obtain a Member Account, you must provide your age, your e-mail address, and a username and password.  You will then be given the option to create a profile, in response to which, you may, but are not required to, provide your gender, date of birth, height, weight, ethnicity, education, marital status, employment status, and a profile picture (“User Information”).  You must provide complete and accurate information during the registration process and you have an ongoing obligation to update this information if and when it changes. Our information collection and use policies with respect to your User Information are set in our Privacy Policy https://sweetflower.com/privacy/, which is incorporated into these Terms of Service by reference. An age verification check will occur during the registration process in order to confirm that you are 21 years of age or older or 18 years of age with a valid Medical Marijuana Identification Card or physician’s recommendation.  Individuals under the age of 18 (or 21 for appliable Services) are prohibited from creating a Member Account, accessing the Site or Services, and ordering Products.

As stated above, in creating a Member Account, you will be asked to provide a username and password.  You are solely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of someone else at any time. You are also solely responsible for any and all activities that occur under your registration or your User Information. You agree to notify us immediately of any unauthorized use of your account, username, or password. 

You agree that you will not create more than one account. By registering and obtaining an account you affirm you will follow the Terms of Service. Your registration constitutes your consent to enter into agreements with us electronically.

We shall not be liable for any loss that you incur as a result of someone else using your account, username, or password, either with or without your knowledge.  You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account, username, or password.

We reserve the right to terminate your registration or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

SECTION 5 – DELIVERY AND PICK-UP ORDERS, PAYMENT AND REFUND POLICY

Sweet Flower may provide users with the ability to transmit orders for cannabis-related products and arrange for delivery or pick-up of such products. You agree that any order you place through the Site (each, an “Order”) is an offer to buy, under these Terms of Service, all Products and Services listed in your Order. We must accept all Orders before we are obligated to sell the Products or Services to you.  Acceptance of your Order and the formation of the contract of sale between us and you will not take place unless and until you have received your Order confirmation email.  We may choose not to accept any Order, or cancel any Order, in our sole discretion.  If we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to pay for all Orders you place through the Site. By purchasing a Product using the Site, you agree to be bound by these Terms.

In the event you dispute the amount or validity of any payments made to Company, you must notify us within ten (10) days of payment, of any such dispute by mail or email at the address or email address listed below. You expressly agree that your failure to notify Company of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment. You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by Company in the event of failure to make payment.

All prices posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the Order is placed and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your Order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in these Terms of Service. 

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 this Site is void where prohibited.  We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 6 – CONTENT

All content included on this Site, including without limitation, text, images, photographs, graphics, logos, button icons, trademarks, software, source code, databases, functionality, mobile applications, website designs, audio, and video (“Content”) is owned by or licensed by Sweet Flower and subject to copyright and other intellectual property rights under applicable laws. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours, and is the exclusive property of Sweet Flower.  No right, title, or interest in any materials or software is transferred to you as a result of use of this Site. You may neither actually nor attempt (nor otherwise authorize, encourage, or support others) to circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Site or its operations.

Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, duplicated, distributed, transmitted, broadcast, displayed, sold, resold, licensed, or otherwise exploited for any commercial purpose that is not expressly permitted and authorized with the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Site and the Content in accordance with these Terms of Service.  We reserve all rights not expressly granted to you in and to the Site and Content.  

We are not responsible if Content is not accurate, complete, or current. The Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.  Any reliance on Content is at your own risk. We reserve the right to modify the Content at any time, but we have no obligation to update any information on our Site.

SECTION 7 – THIRD-PARTY LINKS

Certain Content, Products, and Services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us.  We are not responsible for examining or evaluating the content or accuracy for any third-party materials or websites. We do not warrant and are not liable or responsible for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – USER CONTENT, COMMENTS AND FEEDBACK

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Sweet Flower on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “User Content”), whether submitted in writing or electronically, shall be and remain Sweet Flower’s property. Such disclosure, submission or offer of any User Content shall constitute an assignment to Sweet Flower of all worldwide right, title, and interest in all copyrights and other intellectual property in the User Content. Thus, Sweet Flower will own exclusively all such right, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any User Content. Sweet Flower is and shall be under no obligation: (a) to maintain any User Content in confidence; (b) to pay user any compensation for any User Content; or (c) to respond to any user User Content. However, all actions taken in connection with your User Content will be subject to the limitations set forth in our Privacy Policy https://sweetflower.com/privacy/.

You agree that information provided to us by our visitors may be inaccurate or can change with little or no notice. Sweet Flower is not responsible for inaccurate information provided by visitors to the Sweet Flower Site. We take no responsibility and assume no liability for any User Content posted by you or any third party.

You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content and are authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You agree that User Content submitted by you to the Site will not violate any right of any third party, including copyright, trademark, privacy or other personal proprietary right(s). You further agree that no User Content submitted by you to the Site will be or 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, Services, or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content.  You are and shall remain solely responsible for any User Content you make.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.

SECTION 9 – PUSH NOTIFICATIONS, TEXT MESSAGES, AND EMAILS

If you create a Member Account and provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding the Site, Products and Services.  These text messages may relate to the Site’s operations or include promotional messages.  Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us.  You will have the option to opt out of receiving text messages by replying “STOP” to any text message sent by us.  After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed. 

Company text messages may be generated by automatic telephone dialing systems and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”).  To the extent any claim under the TCPA cannot be waived, by using the Site or Services, you are agreeing that any claim against Company that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with the Governing Law and Arbitration provisions of these Terms of Service. 

By providing us with your email address, you agree that we may send you emails concerning our Site and Services, as well information related to third parties.  You will have the option to opt out of such emails by following instructions to unsubscribe, which will be included in each email.

SECTION 10 – MODIFICATIONS 

We reserve the right at any time to modify or discontinue the Site, the Service (or any part or Content thereof) and Products without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Service or Products.

SECTION 11 – PERSONAL INFORMATION

We care about the privacy of our users.  Please review our Privacy Policy https://sweetflower.com/privacy/.  Our privacy policy is expressly incorporated into these Terms of Service by this reference.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product delivery charges, transit times 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 in the Site or Service or on any related website is inaccurate at any time without prior notice (including after you have submitted an Order).

We undertake no obligation to update, amend or clarify information on the Site or related to the provision of any Product, Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or Service or on any related website, should be taken to indicate that all information in the Site or Service or on any related website has been modified or updated.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, Service, or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Sie, Service or any related website, other websites, or the Internet.  We reserve the right to terminate your use of our Site, Services, or any related website for engaging in any of the prohibited uses.

SECTION 14 – DISCLAIMERS AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

COMPANY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.  ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.  YOUR USE OF THE SITE IS AT YOUR OWN RISK.  NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE.  COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE PERIOD OF ONE (1) MONTH PRIOR TO ANY CAUSE OF ACTION ARISING, AND (B) FIVE DOLLARS ($5).

SECTION 15 – INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INTERNS, AGENTS, DISTRIBUTORS, AND VENDORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES ARISING FROM OR RELATING TO YOUR USE OF THE SITE, YOUR BREACH OF ANY OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. NOTWITHSTANDING THE FOREGOING, COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY COMPANY, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH COMPANY’S DEFENSE OF SUCH CLAIMS. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT. 

SECTION 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California, exclusive of conflict or choice of law rules. Nothing in these Terms of Service will prevent Company from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over any person or otherwise over such subject matter. 

Each of Sweet Flower and you agrees to submit to the nonexclusive personal jurisdiction of the courts located within Los Angeles, California, and waives any objection to the laying of venue of any litigation in said courts.

SECTION 17 – ARBITRATION

In the event of any dispute with Company, you agree to first contact Company to attempt in good faith to resolve the dispute. All offers, promises, conduct and statements, whether oral or written, made in the course of  negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

If the dispute has not been resolved after thirty (30) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to these Terms of Service, the Site, Services or Products, including the determination of the scope or applicability of this agreement to arbitrate, or the alleged breach thereof, by binding arbitration, rather than in court, in Los Angeles, California, before one arbitrator jointly selected by the parties; provided that, if the parties are unable to agree upon an arbitrator within thirty (30) days of a party’s notice of intention to arbitrate, the parties shall agree to use the American Arbitration Association as an appointing authority. The arbitration shall be held in Los Angeles, California in accordance with the American Arbitration Association’s Commercial Arbitration Rules.  In any arbitration arising out of or related to this Agreement, the parties shall share the arbitrator’s fee and any filing fees equally. The arbitrator shall award the prevailing party its attorneys’ fees and costs, but shall not grant punitive damages. Judgment on the award may be entered in any state court having appropriate jurisdiction. The parties understand that by agreeing to binding arbitration, they are giving up rights that they may otherwise have to trial by a court or jury, and all rights of appeal.  This section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.

SECTION 18 – CLASS ACTION WAIVER

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.  Your access and continued use of the Site, Products or Services signifies your explicit consent to this waiver.

SECTION 19 – NON-WAIVER/SEVERABILITY

No waiver of any breach of any provision of these Terms of Service 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. The provisions of these Terms of Service are intended to be severable. If for any reason any provision or part of a provision of these Terms of Service shall be held invalid, void, or unenforceable in whole or in part in any applicable jurisdiction, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

SECTION 20 – ACKNOWLEDGMENT; OTHER TERMS

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to any Products and Services constitute the entire agreement and understanding between you and us and govern your use of the Site, Products and any Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site.  It is your responsibility to check our Site periodically for changes.  Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

SECTION 23 – CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

SECTION 24 – MISCELLANEOUS

The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and Company as a result of these Terms of Service or use of the Site or Services. Upon Company’s request, you agree to furnish Company any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

This Site is operated by Sweet Flower. All notice required or permitted under these Terms of Service shall be made in writing by mail to:

Sweet Flower

Attn: Legal

10000 Culver Blvd

Culver City, CA 90232

 

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to Sweet Flower at info@sweetflower.com

Privacy Policy

Last Updated: April 17, 2019

This privacy policy (“Privacy Policy”) describes how SweetFlower IP Holdings, LLC, a California limited liability company, doing business as “Sweet Flower” (“us,” “we,” or the “Company”) collects, stores, and uses personal information about you when you visit our website located at http://www.SweetFlower.com (the “Site”), use our applications and software which can be accessed online or through a mobile device, and when you purchase products supplied by or on behalf of us (collectively, the “Service”).  This Privacy Policy applies to any Service offered or provided by Sweet Flower, regardless of how you access or use it. By accessing, browsing, or otherwise using the Site or our Service, you expressly consent to our collection, storage, use, and disclosure of your information, including personal information, as described in this Privacy Policy and the Terms of Service. Please read this Privacy Policy and the Terms of Service carefully to understand our practices and your options. If you do not agree to the terms of this Privacy Policy, you must not use our Service or our Site. If you choose to use our Site or Service, your use and any dispute over privacy is subject to this Privacy Policy and our Terms of Service, including limitations on damages, resolution of disputes and application of the law of the state of California. By accessing our Site or using our Service, you confirm that you have read and accepted the terms of this Privacy Policy.

In using the Site and Service, you may provide certain Personally Identifiable Information which we may store. We may also gather and store certain other information as described herein. We will not use this information, or share it with anyone else, except as described in this Privacy Policy. This Privacy Policy applies to any information collected by Company, but does not apply to information collected by any third-party sites to which the Service may link or to information provided to, or collected by, third-parties through third-party cookies, web beacons, or otherwise during your use of the Service. This Privacy  Policy is only applicable to the Service, and not to any other websites that you may be able to access from the Service, each of which may have data collection, terms of use, and privacy practices and policies that differ materially from this Privacy Policy.

We have created this Privacy Policy so that our registered users (“Members”) and unregistered users and visitors (collectively, “Users” or “you”) may understand how we secure and store any information obtained from them while they use the Service, and to disclose how we may gather and use certain information about you, so that you can make an informed decision about your use of the Service. We created and follow this Privacy Policy as part of our commitment to ensure that we have appropriate information practices and to ensure that any information you provide is protected and is only used for purposes which have been disclosed to you.

California Use Only

The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Service should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Do Not Track Disclosure under California‘s Online Privacy Protection Act. The Company does not track Users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (“DNT”) signals. However, some third party sites do keep track of your browsing activities, usually to allow advertisers to tailor the content they present to you. Your web browser may have a setting whereby you can remove your permission for a third party to capture activities on one site and use them on another site.

Your California Privacy Rights. California Civil Code Section 1798.83, also known as S.B. 27, allows individual California resident customers who have provided their personal information to obtain products or services for personal, family or household use to request information about the manner in which disclosure of certain categories of personal information will be made to third parties for their direct marketing purposes.

To make such a request, contact using the information in the “Contact Us” section below. Within thirty (30) days of receiving your written request, we will provide a list of the categories of personal information disclosed to third parties for third party direct marketing purposes during the immediately preceding year, along with the names and addresses of those third parties. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.

Changes to Privacy Policy

Changes to this Privacy Policy will become effective on the date they are posted on the Service. We reserve the right to change this Privacy Policy at any time, and from time to time, in our sole and absolute discretion. Changes, revisions, or modifications, will take effect as the time they are posted on the Service. When material changes are made to this Privacy Policy, Sweet Flower will post a notification on the main page of the Site and revise the updated date at the top of this page. We may also send e-mails to our Members who have created an account containing a link to the revised Privacy Policy. You should check this Privacy Policy periodically as its terms may change from time to time without prior notice to you. If you continue to use the Service after we post any changes, you will be agreeing to the terms of the new Privacy Policy. 

Disclaimers

This Privacy Policy does not extend to anything that is inherent in the operation of the Internet, or which is beyond the Company’s control. This Privacy Policy is not to be applied in any manner contrary to applicable law or governmental regulation. This Privacy Policy only applies to information collected through the Service and does not apply to any information we may collect from you in any place other than the Service. 

No Persons under 21 Permitted to Access the Site or Use the Service

By accessing the Site and using the Service you have represented that you are 21 years old, or older. The Site and Service are intended only for persons who are 21 years old, or older, and use of the Site or Service by persons under the age of 21 is strictly prohibited. Personal information submitted by a person under the age of 21 will not be accepted. Any general information provided by a person under the age of 21 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Privacy Policy.

Commitment to Protecting Children’s Privacy

Protecting children’s privacy is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws. Therefore, we restrict the Service to persons 21 years of age or older.

Information Collection Practices

When you use the Service, we may collect information regarding your visit from your computer or mobile device which we will use to improve and enhance the functionality of the Service. This information will also allow us to determine how you found the Service, the date that you visited our Service, the search engine you used to access the Service, and other information.

Information You Provide

When you register with the Service, create a Member account, opt-in to receive alerts or other information from us via email, text, or instant message, or use our Service, we may ask you for certain information, which includes information that pertains to your identity. Such information may include, but is not limited to, your email address, name, address, date of birth, age, gender, state of residence, telephone number, financial data (which may include your credit card or debit card number), and other information which identifies you. If you choose to register with our Service and create a Member account, you may be required to provide personally identifiable information to access or use certain parts of our website or features of the Service. If you do not provide the requested information, you may not be able to access or use certain features of the Service.

Additional Information the Company Collects

Our servers automatically recognize certain information any time the Service is accessed. No personally identifiable information is revealed in this process. The information gathered includes data about your use of the Service, your IP address (the number assigned to computers on the Internet), your login data, details about your browser, length of time you visit, page views and navigation paths, details about the number of times you use the Service, time zone settings and other technology on the devices you use to access the Service. We process this data to improve the functionality and accessibility of the Service, to deliver relevant content and advertisements to you, and to understand the effectiveness of our advertising.

A “cookie” is feature of most web browsers that allows a small data file, often including an anonymous unique identifier, to be placed on the device you use to access the Site or use the Service. We may use cookies to collect, store, and track information for statistical purposes to improve the products and services we provide. Cookies do not contain any personally identifiable information. We use both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while you are using the Service, and expire you close your web browser. Persistent cookies remembering your login information and may be used by your browser to allow you to access the Site and Service more easily. Persistent cookies will stay on the deice you use to access the Site and Service from one session to the next. Persistent cookies can be removed through the setting for your web browser. However, if you choose to disable the feature allowing your device to receive cookies, your experience using the Services may be diminished and some features may not work as they were intended.

We may use analytics or similar services provided by third parties that use cookies and other similar technologies to collect information about the Site and Service without identifying individual visitors. The third parties that provide us with these services may also collect information about your use of third-party websites and applications not part of the Service.

Web Beacon Policy

We also may collect certain information by automated means, such as web beacons (also known as clear GIF’s, Internet tags, or pixel tags), which use a small graphic image to allow us to can recognize certain types of information on your computer r device such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. We use this information to enable more accurate reporting, to improve the effectiveness of our marketing, and improve and enhance the Service.

Click Stream Data Policy

We may also collect “click stream data” which is a log of the content on which you click while using the Service. Click stream data also can tell us the type of computer or device you are using, the web browser being used, the address of the website from which you linked to the Service, and the pages visited while using the Service. We may also collect search terms you have entered, either before accessing the Services or while using the Service, and other web usage activity and data logged by our web servers. We will use this information to improve the Service and better customize your use of the Service. Our server may also record information regarding the website or search engine that linked you to the Service, as well as information about the type of web browser, computer, device, platform, related software and settings you are using. We also may use this information, without using any personally identifiable information, for marketing or advertising purposes, to improve and enhance the Service, or for other general business purposes.

Use of Your Personally Identifiable Information

If you submit information to us through the Service, including registration and profile information, then we use this information to verify your identity and to operate, maintain, and provide the features and functionality of the Service. We will use the email address you provided to send you notices related to the Services, including among any notices we are required to provide by law. You may not opt out of Service-related e-mails. We may also use your email address and telephone number to send you other messages, including changes to Service features and special offers. By providing your email address, you have consented to the receipt of these notices and other information.

Use of Other Information

We may share certain information, such as demographic data, which would not involve sharing any personally identifiable information, with advertisers and other third parties. If you do not want us to share your contact data with any third parties, please contact us in accordance with the “Contact Us” section below and expressly notify us of such request. Additionally, we may analyze your use of the Service as part of our effort to improve the Service by learning more about the interests of Users and to allow us to deliver to you the type of content and features in which you are most interested.

Use of Anonymous Information

We may use anonymous information to analyze how the Service is used, but we will not examine this information to learn individually identifying information. We also may use anonymous IP addresses to help prevent or diagnose problems with our server, to administer the Service, or to better display any features or content according to your preferences. Information on how the Service is accessed and used may also be shared with third parties and advertisers on an aggregate and anonymous basis.

We may share anonymous information, such as anonymous website and/or application use data, with third-parties to assist them in understanding the Service, including how Users use the Service, and to assess the success of any advertisements and promotions.

We may also share anonymous and non-personally identifiable aggregated user data, such as aggregated gender, age, geographic, and usage data with advertisers and other third parties for their marketing and promotional purposes.

Use of Location Based Information

We collect location based information in order to provide the specific location based services which you may request. Your use of the Service with a feature enabled to allow your location to be determined signifies your agreement to allow us to use your location for the purposes of the Service.

Sharing Your Email Address

The Company will not share your email address or mobile number with advertisers or unaffiliated third parties without first obtaining your express permission.

Disclosure of Personally Identifiable Information

We may provide information, including personally identifiable information, to our subsidiaries, affiliated companies, or subcontractors. Such information will be provided to offer greater functionality and enhanced services through the Service, to provide you with additional product and service opportunities, and to communicate information regarding these products or opportunities to you. Any recipients of your personally identifiable information will be bound by the terms of this Privacy Policy.

We may release your personally identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state or federal laws or respond to a court order, subpoena, law enforcement or regulatory request, or search warrant. We reserve the right to collect and share any information: (i) in order to investigate, prevent, or take action regarding suspected or actual illegal activities; (ii) as appropriate or necessary to enforce our Privacy Policy, or investigate potential or actual violations of the Privacy Policy; (iii) take precautions against liability; (iv) to protect the security or integrity of our Site and Service; (v) to exercise or protect our rights and property, the Site, the Service, or the rights and personal safety of Company affiliates, Users or others; or (vi) for other legitimate purposes.

Sale of Information

In the event the Company is acquired or merged with another entity, or due to our bankruptcy or reorganization, we may assign, transfer, or sell the information we have collected to a third party In addition, we reserve the right to assign, transfer, or sell any information we have about you to any companies which we may acquire or purchase. If Company or substantially all of its assets are acquired, customer information, including personally identifiable information, will be one of the assets transferred to the acquiring entity. Should such a sale or transfer occur, we will use reasonable efforts to direct the acquirer to use the information you have provided consistent with this Privacy Policy.

Security of Your Information

The security of your personally identifiable information is very important to us. We use commercially reasonable security measures to prevent accidental loss of your personally identifiable information and to prevent unauthorized access, use alteration, or disclosure of the information that we obtain from you. Such measures include, but are not limited to, the utilization of Secure Sockets Layer (“SSL”) encryption to transmit sensitive information through the Service.

While the Company strives to protect your personally identifiable information and privacy, we cannot guarantee the security of any information you disclose online. By using the Site and Service, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through the Site and that any personally identifiable information, general information, or other data or information received from you through the Site or Service is provided to us at your own risk, which you expressly assume.

If for any reason your personally identifiable information is compromised, we will promptly notify you through the procedures set forth in this Privacy Policy, or as otherwise required by applicable law. If we are made aware that there has been a compromise of the security involving your online account credentials, we will provide notification in by email. In that event, you will be instructed to immediately change your password, responses to security questions, or to take other appropriate steps to protect your account. You will also be advised that you should make similar change to any other online accounts for which you use the same credentials or responses to security questions. By using the Site and Services, you have consented to allow us to contact you using the email address you provided and to provide any required notifications using that email address. If you would prefer us to use another method to notify you in this situation, please e-mail us at: info@sweetflower.com and provide an alternative email address or other means to provide you with notice.

Third Party Websites

The Site may contain links to other websites. If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.

Rights to Opt-In / Opt-out

We will never share your personally identifiable information with any third party service providers without your consent. However, we may offer you the option of agreeing to receive information by email from certain third party service providers. You may decline to receive such emails. We also will allow you to opt out of receiving any promotional emails from the Company by clicking the “opt out” or “unsubscribe” link in the email you receive. You can also request that you not be sent promotional emails by the Company by sending an email to info@sweetflower.com to advise us that you would like to opt out of receiving any promotional emails from us in general, or whether you would like to opt out of receiving only certain emails. Even if you opt out of receiving promotional emails from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.

Telephone Choices (calls and texts). We will not place a call or send a text message for informational or marketing purposes without obtaining your consent. If you have opted-in, Sweet Flower provides alerts, information, promotions, specials, and other marketing offers via text messages through your wireless provider to the mobile number you provided. By signing up for SMS, you agree to receive recurring messages each month. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. Messages may be sent using an automatic telephone dialing system and using SMS technology. You understand that consent to receive such text messages is not required as a condition of purchasing any goods or services. You will have the ability to opt-out of receiving text messages at any time by texting “STOP” in response to a text message that you receive. Reply HELP to the number you received the text from for help, STOP to the number you received the text from to cancel. Message and data rates may apply.

You agree to provide us with a valid mobile number. If you change your mobile number, you agree to opt out of the Services prior to changing your mobile number.

You can also opt out of receiving marketing or advertising calls or text messages by contacting us through one of the methods specified in the “Contact Us” section below and sharing the phone number that you would like to opt out. 

Rights to Access and Control Your Information

You always have the right to access, change, or delete any personally identifiable information you have provided to us. To do so, just access your Member account and you may make any changes or deletions.

You may also contact the Company and request that we erase or delete all or some of the personally identifiable information you have provided, or that we change, revise, or modify your personally identifiable information. To request any change, please contact us at: info@sweetflower.com.

You gave the right to limit, restrict, or stop our use of any of your personally identifiable information if you believe we are using that information in violation of the terms of this Privacy Policy, if you believe we are using incorrect or inaccurate information, or if you contend we are using that information after you have requested we erase or delete it. If you feel that your personally identifiable information is not being used properly, please contact us at: info@sweetflower.com.

You also have the right to a copy of your personally identifiable information and upon request we will provide you with that information in machine readable form. To request a copy of that information, please contact us at: info@sweetflower.com. We will promptly review any such request and provide a copy as long as doing so is in accordance with applicable laws.

If you contact us to request access to your personally identifiable information, to ask for a copy of that information, to change that information, to erase or delete that information, or for any other reason related to your account or your personally identifiable information, we may ask you to verify your identity and provide other details regarding your account so that we may verify your identity. You are responsible for maintaining the secrecy of your password and account information at all times.

Additional Rights of Residents in Designated Countries

If you access our Site or use the Service from a country that is a Member State of the European Union (“EU”), European Economic Area (“EEA”) or Switzerland (the EU, EEA and Switzerland collectively, “Designated Countries”), then you have certain additional rights as set forth below.

To the extent that the Company is subject to the laws of the Designated Countries when processing personal data, it shall be the “data controller” under such laws. We have a legitimate and lawful purpose in collecting and storing any personal data, as explained in this Privacy Policy. Because we are based in California, any Personal Information, and Site Usage Information will be transferred to the United States. We have taken reasonable and appropriate steps to ensure that recipients of your personal data are bound to keep your information confidential. We also use measures, such as having standard data protection clauses in any contract, to ensure you’re your personal data remains protected and secure. You may request copies of these clauses by contacting info@sweetflower.com. If you believe that our conduct in accessing, processing, or transferring any information related to you violates any applicable laws, you may lodge a complaint with the applicable supervisory authority.

Retention Period

We will retain the data that you provide to ensure that any transactions into which you entered can be appropriately processed, and also to comply with laws applicable to us and to our banking providers and credit card processors. Accordingly, even if you close and request that we erase or delete your personally identifiable information, we will retain certain information as necessary to meet our legal obligations and fulfill the purposes outlined in this Privacy Policy.

We also will retain your personally identifiable information if reasonably necessary to comply with any laws or legal requirements, requests from law enforcement, to satisfy regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, or to enforce this Privacy Policy.

We will retain certain information, which does not contain any personally identifiable information, even if you close your account.

Information you have shared with others including messages, comments, reviews, or other posts or communications, will remain visible even if you close your account and ask that we erase or delete your information, and we do not control the data that other Members may copy or archive from the service.

Your Right to Withdraw Consent to Use of Your Personally Identifiable Information

By accessing the Site and using the Service, you have given us permission to collect, store, and use certain personally identifiable information. We will only access, store, or use that information as set forth in this Privacy Policy. Should we need to obtain additional or different information, we will seek to obtain your additional consent as required under this Privacy Policy or in accordance with applicable law. You can withdraw your consent to allow us to access, store, or use your personally identifiable information at any time by changing your account settings or contacting us at: info@sweetflower.com.

Contact Us

If you have any questions about the Privacy Policy, our practices related to the Site or the Service, or if you would like to have us remove your information from our database, please contact us at:

info@sweetflower.com,

or by U.S. Mail at
Sweet Flower
Attn: Privacy
10000 Culver Blvd
Culver City, CA 90232