Flowerboy Terms of Service

Last Updated: December 12, 2024

The following terms and conditions (“Terms of Service” or “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Big Boy Beverages Inc and its respective subsidiaries, parents and affiliates (collectively, “Flowerboy” or “Company” or “we” or “us” or “our”), governing your access to and use of the https://hiflowerboy.com/ website, as well as any other media form, media channel, or any of our past, present or future websites 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. 

Please note: These Terms of Service between us contain an arbitration clause and class action waiver that requires you and Big Boy Beverages Inc. to resolve all disputes with each other on an individual basis through final and binding arbitration. Please read these terms carefully.

By accessing, browsing, or otherwise using the Site, you agree to be bound by and abide by the Terms of Service, including those additional terms and conditions and policies referenced or linked herein (including the Privacy Policy).  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 all the terms and conditions contained herein, then you may not access the Site or use any Services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current Site shall also be subject to the 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, change 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.  Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SITE.  IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT FLOWERBOY MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES OR THE SITE.

1. Eligibility and Age Requirement

1.1 Age Restriction: The Products sold through the Site are intended for individuals who are 21 years of age or older. By accessing the Site or placing an order, you represent and warrant that you are at least 21 years old. If you are under 21 years of age, you must immediately exit the Site and refrain from using any of our services.

1.2 Legal Compliance: You must comply with all applicable federal, state, and local laws regarding the possession, use, and consumption of THC products. By using the Site and purchasing Products, you acknowledge that you are legally allowed to purchase and consume THC products in your jurisdiction.

2. Acceptance of Terms

2.1 Binding Agreement: By accessing or using the Site, or by purchasing Products, you agree to be bound by these Terms and Conditions. If you do not agree to any part of this Agreement, you must not access or use the Site or purchase Products.

2.2 Amendments: The Company reserves the right to modify or amend these Terms and Conditions at any time. Any changes to this Agreement will be posted on the Site with the revised date. Your continued use of the Site after such changes will constitute your acceptance of the modified Terms and Conditions.

3. Product Information

3.1 Product Representation: The Products offered on the Site are hemp-derived and contain THC within the legal limits defined by applicable law (less than 0.3% Delta-9 THC). The Company makes no representations regarding the safety, efficacy, or appropriateness of these Products for any specific purpose.

Flowerboy makes no representations that the Products or Services made available through this Site will be available or appropriate in every jurisdiction in which this Site may be accessed or Services utilized. Flowerboy reserves the right, without notice, to change its Product formulations from time to time to comply with changing federal and state laws. To the best of Flowerboy’s knowledge, it operates legally under both state and federal law in the United States; however, it is up to you to determine whether accessing this Site and purchasing our Products are legal where you are, including staying informed and reading ingredients contained in our Products before purchase. You expressly acknowledge that you are familiar with applicable laws and assume full responsibility for cooperating and complying with all laws regarding the use, possession and consumption of the Products on the Site in your state and local municipality

3.2 FDA Disclaimer: The Products sold on the Site have not been evaluated or approved by the U.S. Food and Drug Administration (FDA) for safety, efficacy, or quality. These Products are not intended to diagnose, treat, cure, mitigate, or prevent any disease or condition. Our Products and any statements made regarding Our Products have not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy.  By accessing this Site, you acknowledge the information provided on this Site, within any of Flowerboy’s social media pages or channels, and all of the documentation and literature included with any Product identified on the Site, is provided 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.  You should never delay seeking or disregard advice from a medical professional based on something you have read on the Site.

3.3 Safety Acknowledgment: Please consult your healthcare professional about potential interactions or other possible complications before using any product.  If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our Products.  If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.  Flowerboy shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our Products. Keep Products out of reach of children and animals.

3.4: Consumption of Hemp-Derived Cannabinoids and Drug Testing: The consumption of certain hemp products may lead to a positive drug test for tetrahydrocannabinol (“THC”) or certain cannabinoid metabolites.  Flowerboy cannot guarantee that Products available for sale on this Site do not contain traceable amounts of THC nor can Flowerboy guarantee that use of Flowerboy’s Products will not result in failed drug screening for THC, other cannabinoids, or their metabolites.  Your use of Flowerboy’s Products is at your own risk. Flowerboy is not responsible for any personal adverse employment or professional action related to your use of the Products.

4. User Registration

4.1 Account Creation: To access certain features of the Site, you may be required to create an account by providing certain personal information, including your name, email address, and age verification. 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.

4.2 Account Security: You are responsible for maintaining the confidentiality of your account information and password. You agree to notify the Company immediately of any unauthorized access to your account. 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.

4.3 Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update your information as necessary to ensure its accuracy. Our information collection and use policies with respect to your User Information are provided in our Privacy Policy, which is incorporated into these Terms of Service by reference.  An age verification confirmation will occur during the checkout process in order to confirm that you are of legal purchasing age.  Only persons of legal purchasing age and that have confirmed their age can purchase Products, use our Services, and participate in any promotions or offers.

5. Restrictions On Use

5.1 Site Usage: You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink to this Site, without the express prior written permission of an authorized representative of Flowerboy. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with Flowerboy in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

5.2 User Content: In addition, you are prohibited from using the Site or its Content (as defined herein): (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, including violating anyone’s copyrights or trademarks or their rights of publicity; (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, Services, 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; (k) to solicit funds, advertisers, or sponsors; or (l) to interfere with or circumvent the security features of the Site, Services 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.

Although under no obligation to do so, Flowerboy reserves the right to monitor use of this Site to determine compliance with these Terms of Service, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Flowerboy nor any third party that provides Content to Flowerboy will assume or have any liability for any action or inaction by Flowerboy or such third party with respect to any submission.

6. Ordering and Payment

6.1 Order Placement: By placing an order for Products through the Site, you represent that you are legally authorized to do so, that the information you provide is accurate, and that you intend to pay for the Products ordered. We must accept all Orders before we are obligated to sell the Products 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, at our sole discretion.  If we make a change to or cancel an Order, we may attempt to notify you by contacting the email 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. 

6.2 Payment Terms: The Company does not directly process payments for any Services or Products. To facilitate payment via bank account, credit card, or debit card, we use third-party payment processors (“Payment Processors”). These services are governed by the Payment Processor’s applicable terms, privacy policies, and agreements (collectively, “Payment Processor Agreements”), which may be updated from time to time. By completing a payment through the Service, you agree to be bound by the relevant Payment Processor Agreement.

You authorize the Payment Processor to store and continue charging your designated payment method, including after its expiration, to avoid interruptions in service. The Company is not responsible for any issues or liabilities related to payments processed through these third-party Payment Processors. For details or support, please contact the applicable Payment Processor directly.

6.3 Order Confirmation: Once you place an order, you will receive an order confirmation via email. The Company reserves the right to cancel or refuse any order at its sole discretion, including but not limited to orders suspected of being fraudulent or non-compliant with applicable laws.

6.4 Order Modifications & Associated Costs: Orders are processed in the way in which they were received. The company has a limited amount of time to make any order modification or adjustments. If the customer requests a change or modification after the order has been processed including, but not limited to adjustments in product selection, quantities, or shipping information, any fees or additional costs resulting from such modifications—such as restocking fees, shipping adjustments, or processing charges—shall be borne exclusively by the customer. The company reserves the right to require payment of these fees before processing the requested changes.

6.5 Price Updates: All prices posted on this Site are subject to change without notice.  The price charged for a Product will be the price in effect at the time the Order is placed and will be sent out in your Order confirmation email.  Price increases will only apply to Orders placed after such changes.  Posted prices prior to checkout 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.

6.6 Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by the Company. You may cancel your subscription online at any time within the “Manage Subscriptions” section of your account with the Site that can be accessed at https://shop.drinkcann.com/account/login. Orders for products purchased on the Site that have already been processed prior to cancellation of a subscription may not be canceled.

7. Shipping and Delivery

7.1 Shipping Availability: The Company ships Products only to locations where such shipments are legally permissible. The availability of Products for shipping may vary by jurisdiction. It is your responsibility to ensure that shipping to your location is lawful.

7.2 Shipping Costs and Timelines: We will arrange for shipment of the Products to you.  You will pay all shipping and handling charges specified during the ordering process.  Title and risk of loss pass to you upon our transfer of the Products to the shipping carrier. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments caused by third-party couriers or unforeseen circumstances.

7.3 Risk of Loss: Title to the Products and risk of loss passes to you upon delivery to the carrier. Any issues or damages during transit should be addressed directly with the carrier.

8. Errors, Inaccuracies and Omissions

8.1 Site & Content Errors: Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping 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 Services 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 Products, Services 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 Services or on any related website, should be taken to indicate that all information in the Site or Services or on any related website has been modified or updated. We are not responsible if Content is not accurate, complete, or current.  All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and Flowerboy does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete. Any reliance on Content is at your own risk.  We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site, Services or Products.

9. Site Content

9.1 License: Subject to the terms of this Agreement, Company grants you a non-
assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Site and Services for your personal and, only where expressly permitted, internal business use.

9.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.

9.3 Modification: The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.

9.4 Ownership; Restrictions: You acknowledge that all the intellectual property rights in the Site and Services, including any technology and software underlying the Site and Services, are owned by the Company or the Company’s licensors. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in any of the technology or software underlying the Site and Services.

9.5 Service Content:  You acknowledge and agree that the Site or Services may
contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site, Services or Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Site or Services in accordance with this Agreement. Any use of the Site, Services or Service Content other than as specifically authorized herein is strictly prohibited.

9.6 Trademarks: The Company name and logos are trademarks and service marks of the Company (collectively, the “Company Trademarks”). Other company, product, and service names and logos used and displayed via the Site or Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to the Company. Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Company Trademarks displayed on the Site or Services, without our prior written permission in each instance. All goodwill generated from the use of Company Trademarks will inure to our exclusive benefit.

10. User Content, Comments and Feedback

10.1 User Content: You are solely responsible for all information, data, text, messages, and other materials (“content”) that you make available to the Company, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Site or Services or by emailing or otherwise making available to other users of the Site or Services (collectively, “User Content”). You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant the Company and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Site or Services and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Company and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

You acknowledge and agree that the Company may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce this Agreement; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Company, its users, or the public. You understand that the technical processing and transmission of the Services, including your User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

10.2 User Disputes: You agree that you are solely responsible for your interactions with any other user in connection with the Site or Services, and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.

11. Push Notifications, Text Messages, and Emails

11.1 Text Message. If you 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.

Big Boy Beverage Inc 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 Big Boy Beverage Inc. 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.

11.2 Email: 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. 

12. THIRD-PARTY INTERACTIONS, MATERIALS, AND RELEASE

12.1 Third-Party Links.The Site or Service may include links to websites owned or operated by third parties (“Third-Party Links”) for your convenience. The Company does not endorse, monitor, review, maintain, or control these websites (“Linked Sites”) and assumes no responsibility for their content, products, or services. By accessing Linked Sites, you acknowledge and agree that you are solely responsible for any interactions, liabilities, or consequences arising from your use of such sites.

12.2 Third-Party Interactions.When using the Site or Service, you may interact with third-party service providers, purchase goods or services, or participate in promotions (“Third-Party Interactions”). The Company is not a party to these transactions and assumes no liability or responsibility for any terms, warranties, or disputes arising from them. Such interactions are solely between you and the third party. You agree to exercise reasonable caution in all dealings with third parties through the Service.

12.3 Third-Party Materials.The Site or Services may display or make available third-party content, services, advertisements, or other materials (“Third-Party Materials”). The Company does not warrant the accuracy, completeness, legality, quality, or reliability of Third-Party Materials and assumes no liability for their use. Your access to or use of Third-Party Materials is at your own risk and may be subject to their terms and conditions and privacy policies. It is your responsibility to evaluate Third-Party Materials and determine their suitability before engaging in transactions or interactions related to them.

12.4 Release.You release and discharge the Company (including its officers, employees, agents, successors, and assigns) from all claims, liabilities, or disputes arising from or related to Third-Party Links, Interactions, Materials, or the actions of other users of the Site or Services.

If you are a California resident, you waive your rights under California Civil Code Section 1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Residents of other jurisdictions waive any comparable statute or doctrine to the extent permissible by law.

13. DISCLAIMERS

Your use of the Site and Services is at your own risk. The Site and Services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, the Company and its suppliers disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.

Without limiting the foregoing, the Company does not guarantee that:

• (a) the Site or Services will meet your requirements or expectations;
• (b) the Site or Services will be uninterrupted, timely, secure, or error-free; or
• (c) the Site or Services will be accurate, reliable, free of viruses or harmful code, complete, legal, or safe.

Some jurisdictions do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

14. Limitation of Liability

14.1 No Warranty: The Site and Products are provided "as is," and the Company disclaims all warranties, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose.

14.2 Limitation of Liability: To the fullest extent permitted by law, the Company (and its suppliers) shall not be liable for any indirect, consequential, incidental, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, goodwill, or other intangible losses, arising out of or related to: (i) your use of or inability to use the Site, Services, or Products (including THC products); (ii) unauthorized access to or alteration of your data; (iii) statements or conduct of any third party; or (iv) any other matter relating to the Site or Services, even if advised of the possibility of such damages.

Access to and use of the Site and Services is at your own risk, and you are solely responsible for any damage to your device or data loss. 

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages, so these limitations may not apply to you. If you are dissatisfied with the Site, Services, or this Agreement, your sole remedy is to discontinue use.

If any portion of this section is found to be invalid, the remaining provisions shall remain in full force and effect.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, including its subsidiaries, affiliates, officers, directors, employees, agents, and representatives, from and against any and all claims, liabilities, losses, damages, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use or misuse of the Site, Services, or Linked Sites; (ii) your violation of these Terms or this Agreement; (iii) your violation of any third-party rights; and/or (iv) your violation of applicable laws or regulations.

To the extent permitted under applicable law, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You further agree not to settle any matter without the Company’s prior written consent. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. Force Majeure
    The Company shall not be held liable or deemed in breach of these Terms for any failure or delay in fulfilling its obligations due to causes beyond its reasonable control. Such causes include, but are not limited to, acts of God, natural disasters (e.g., floods, fires, earthquakes, or explosions), governmental actions or restrictions, wars, invasions, hostilities (whether or not war is declared), acts of terrorism, riots, civil unrest, national emergencies, revolutions, insurrections, epidemics, pandemics, labor disputes (including strikes or lockouts, whether or not involving the Company’s workforce), shortages or delays in transportation, unavailability of supplies or materials, utility failures, or telecommunications or power outages.

16. ARBITRATION AGREEMENT, JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

16.1 Agreement to Arbitrate: This section constitutes the "Arbitration Agreement." You agree that any disputes or claims arising between you and the Company, including those related to this Agreement, the Site, the Services, advertisements, or transactions, will be resolved exclusively through final and binding arbitration, except for individual claims in small claims court if applicable. This Arbitration Agreement does not prevent you from raising issues with federal, state, or local agencies that may pursue claims on your behalf under applicable laws.

16.2 Arbitration Rules and Forum: This Arbitration Agreement is governed by the Federal Arbitration Act. Arbitration will be conducted by JAMS under its applicable rules. Claims under $250,000 will follow JAMS’s Streamlined Arbitration Rules, while all other claims will follow its Comprehensive Arbitration Rules. Rules are available at www.jamsadr.com or by calling 800-352-5267. Filing and administrative fees will be governed by JAMS’s rules. If JAMS is unavailable, the parties will select an alternative arbitration forum. Arbitration may be conducted via telephone, video conference, written submissions, or in person in your jurisdiction or another mutually agreed location.

16.3 Arbitrator Powers:The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, enforceability, or formation of this Arbitration Agreement, including claims of invalidity. Arbitrators may grant any relief available under applicable law on an individual basis, issue dispositive motions, and provide a written decision detailing findings and damages awarded. Arbitrators’ decisions are final and binding.

16.4 Waiver of Jury Trial: YOU AND THE COMPANY WAIVE THE RIGHT TO A COURT TRIAL BEFORE A JUDGE OR JURY. Disputes will be resolved through arbitration, and court review of arbitration awards is limited.

16.5 Waiver of Class or Consolidated Actions: Claims must be brought individually, not as part of a class, collective, or representative action. Arbitrators cannot consolidate claims or preside over joint actions unless both parties agree otherwise. Relief will be granted only to the individual party involved, except where public injunctive relief is required under applicable law.

16.6 Pre-Arbitration Dispute Resolution: We aim to resolve disputes amicably. Before initiating arbitration, you must notify us in writing of your claim by certified mail, detailing the dispute and relief sought. If unresolved within 60 days, either party may commence arbitration. Settlement offers will not be disclosed to the arbitrator until after the award is determined.

16.7 Confidentiality: All arbitration proceedings, decisions, and awards are strictly confidential.

16.8 Severability: If any provision of this Arbitration Agreement is deemed invalid, the remaining terms will remain in effect. However, if the "Waiver of Class or Consolidated Actions" is invalidated, the Arbitration Agreement will be null and void, except where public injunctive relief claims apply.

16.9 Future Changes to Arbitration Agreement: If the Company modifies this Arbitration Agreement, you may reject the changes within 30 days by written notice. Rejection will enforce this Arbitration Agreement as of the date of your initial acceptance.

17. Prohibited Conduct

You agree not to use the Site or Services to:

• Violate any applicable laws, regulations, or third-party rights, including but not limited to those related to THC, cannabis, or hemp products.
• Upload or transmit harmful content, including viruses, malware, or other malicious software.
• Engage in fraudulent activities, including using stolen credit card information.
• Impersonate another person or entity or misrepresent your affiliation with any organization.
• Interfere with the functionality of the Site or the operation of third-party services.

18. Miscellaneous

18.1 Third-Party Laboratory Testing. All our products are tested by independent third-party laboratories to ensure quality, potency, and safety. Testing results are available upon request. By purchasing our products, you acknowledge that you have reviewed and understood these results.

18.2 Entire Agreement: These Terms and Conditions constitute the entire agreement between you and the Company regarding your use of the Site and the purchase of Products.

18.3 Severability: If any provision of this Agreement is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.

18.4 Waiver: The failure of the Company to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.