The Website located at www.flowerhead.co (the "Website”), together with all of its content ofevery kind and nature is the sole and exclusive property of AFIYH, LLC ("Flowerhead”, "Us”, "Our”, and "We”) and is a copyrighted work belonging to AFIYH, LLC and its affiliates and other related companies. Flowerhead™ and related sub-domains, mobile and/or software applications that host content provides information and resources related to cannabis products which include reviews and ratings provided by its users, directories of cannabis dispensaries, retail locations, and medical providers, and offers certain products for sale (collectively, with all other services provided through the Website, the !Services”). Certain components and features of the Services or Website may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Website in connection with such features. All such additional terms, guidelines, and rules are hereby incorporated by reference into this Agreement
ALL INFORMATION CONTAINED ON THE WEBSITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. CONTENT POSTED BY FLOWERHEAD™ ON ANY WEBWEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL PURPOSES ONLY. FLOWERHEAD™ DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE WEBSITE OR SERVICES, INCLUDING USER GENERATED CONTENT AND THIRD-PARTY MATERIALS (EACH, AS DEFINED BELOW). FLOWERHEAD™ IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY DISPENSARY, DELIVERY SERVICE, RETAIL LOCATION, , OR OTHER USER(S) OF THE WEBSITE OR SERVICES. FLOWERHEAD™ IS NOT OBLIGATED TO SCREEN DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THEIR MENUS TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR MENUS OR OTHER INFORMATION WHICH THEY MAY PROVIDE
FLOWERHEAD™ DOES NOT OFFER MEDICAL ADVICE. ANY INFORMATION ACCESSED THROUGH THE WEBSITE AND SERVICES, OR WITHIN ANY OF FLOWERHEAD"S SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL OREDUCATIONAL PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER GENERATED CONTENT AND FLOWERHEAD-GENERATED CONTENT DERIVED FROM USER GENERATED CONTENT (E.G., STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA). THE INFORMATION ON THE WEBSITE AND SERVICES AND PROVIDED VIA FLOWERHEAD"S SOCIAL MEDIA PAGES AND CHANNELS SHOULDNOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEBSITE, SERVICES, OR ON FLOWERHEAD"S SOCIAL MEDIA PAGES AND CHANNELS. THE FOREGOINGDISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY OR ELSEWHERE IN THIS AGREEMENT
2. USER ACCOUNTS
2.1 Account Creation. In order to use certain features of the Website (e.g., to use the Services), you must register for an account with Flowerhead™ (!Flowerhead™ Account”) and providecertain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may not create more than one Flowerhead™ Account. You may delete your Flowerhead™ Account at any time, for any reason, by following the instructions on the Website. Flowerhead™ may suspend or terminate your Flowerhead™ Account in accordance with Section 10 of this Agreement.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Flowerhead™ Account login information and are fully responsible for all activities relating to your Flowerhead™ Account. You agree to immediately notify Flowerhead™ of any unauthorized use, or suspected unauthorized use of your Flowerhead™ Account or any other breach of security. Flowerhead™ cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. LICENSE TO USE THE WEBSITE
3.1 License. Subject to the terms of this Agreement, Flowerhead™ grants you a non-transferable, non-exclusive, license to use the Website and Services for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following additional restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website or Services; (c) you shall not access the Website or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Website 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 functionality of the Website or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Website or Services content must be retained on all copies thereof
3.3 Modification. Flowerhead™ reserves the right, at any time, to modify, suspend, or discontinue the Website or Services or any part thereof with or without notice. You agree that Flowerhead™ will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Website or Services or any part thereof
3.4 Ownership. Excluding your User Generated Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and Services are owned by Flowerhead™ or Flowerhead" licensors. The provision ofthe Website and Services does not transfer to you or any third-party any rights, title or interest in or to such intellectual property rights. Flowerhead™ and its supplier"s reserve all rights notgranted in this Agreement
4. ACCEPTABLE USE. The following sets forth Flowerhead’ “Acceptable Use Policy”
4.1 General Restrictions. You agree not to use the Website, Services, or any of Flowerhead "social media pages or channels to collect, upload, transmit, display, or distribute any User Generated Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party
4.2 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 4
4.3 Technological Restrictions. In addition, you agree not to use the Website or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Flowerhead™ or gain unauthorized access to the Website or Services, other computer systems or networks connected to or used together with the Website or Services, through password mining or other means; (f) harass or interfere with another user"s use and enjoyment of the Website or Services; or (g) introduce software orautomated agents or scripts to the Website or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Website or Services
4.4 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Generated Content (including any image files or reviews), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Generated Content, terminating your Flowerhead™ Account in accordance with Section 10, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person
5. USER GENERATED CONTENT
5.1 User Generated Content. !User Generated Content” means any and all information andcontent that a user submits to, or uses with, the Website or Services, including without limitation, content in the user"s profile, user reviews and/or postings. You acknowledge and agree thatFlowerhead™ is not responsible for any User Generated Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Flowerhead™ does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Generated Content
5.2 Your Responsibilities. You are solely responsible for your User Generated Content. You assume all liability and risks associated with the use of your User Generated Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Generated Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Generated Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Generated Content is in any way provided, sponsored or endorsed by Flowerhead™. Because you alone are responsible for your User Generated Content (and not Flowerhead™), you may expose yourself to liability if, for example, your User Generated Content violates the Acceptable Use Policy. Flowerhead™ is not obligated to backup any User Generated Content and User Generated Content may be deleted at any time. You are solely responsible for creating backup copies of your User Generated Content if you deem it necessary or appropriate
5.3 License. You hereby grant, and you represent and warrant that you have the right to grant, to Flowerhead™ an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Generated Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Generated Content in the Website and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Generated Content
5.4 Feedback and Suggestions. If you provide Flowerhead™ any feedback or suggestions regarding the Website or Services (!Feedback”), you hereby assign to Flowerhead™ all rights inthe Feedback and agree that Flowerhead™ shall have the right to use such Feedback and related information in any manner it deems appropriate. Flowerhead™ will treat any Feedback you provide to Flowerhead™ as non-confidential and nonproprietary. You agree that you will not submit to Flowerhead™ any information or ideas that you consider to be confidential or proprietary to You or any third-party
6. THIRD-PARTY MATERIALS; PROMOTIONAL OFFERS; OTHER USERS; RELEASE
6.1 Third-Party Materials. The Website or Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third-party websites, services, and advertisements for thirdparties such as Promotional Offers (defined below) (collectively, !Third-Party Materials”). Youacknowledge and agree that Flowerhead™ is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Flowerhead™ does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third -Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk. When you link to a Third-Party Material, the applicable thirdparty"s terms and policies apply, including the third-party"s privacy and data gathering practices.You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material
6.2 Promotional Offers. The Website or Services might display, include or make available coupons, promotional codes, giveaways, samples, and other offers from listed product suppliers, service providers and dispensaries (collectively, !Promotional Offers”). Promotional Offersconstitute Third-Party Materials under this Agreement. Flowerhead™ displays these Promotional Offers on the Website and Services as a form of advertisement for the listing Dispensary, Doctor, Brand/Product Manufacturer and/or Other Third-Parties (the !Offeror”) only. All PromotionalOffers are offered directly by the applicable Offeror and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions, or restrictions are expressly included on the Website or Services. The Offeror, and not Flowerhead™, is solely responsible for: (a) redemption of the Promotional Offer; (b) compliance of all aspects of the Promotional Offer with applicable law (including without limit, the advertisement, redemption, and terms, conditions and restrictions related thereto); (c) all goods and services it provides to you in connection with the Promotional Offer; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Promotional Offer or not
6.3 Other Users. Each user of the Website or Services is solely responsible for any and all of its User Generated Content. Because we do not control User Generated Content, you acknowledge and agree that we are not responsible for any User Generated Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Generated Content, and we assume no responsibility for any User Generated Content. Your interactions with other Website or Service users (including Dispensaries or delivery services) are solely between you and such user. You agree that Flowerhead™ will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website or Service user, we are under no obligation to become involved
6.4 Release. You hereby release and forever discharge Flowerhead™ (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website or Service users or Third-Party Materials. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: !A GENERAL RELEASE DOES NOT EXTEND TOCLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
THE WEBSITE AND SERVICES ARE PROVIDED !AS IS” AND !AS AVAILABLE” ANDWE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLOWERHEAD™ (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOWERHEAD™ (AND OUR OFFICERS, EMPLOYEES, OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE AND SERVICES ARE AT YOUR OWN SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FLOWERHEAD" (AND OUR SUPPLIERS")LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) AMOUNTS YOU PAID TO FLOWERHEAD™ DURING THE PRIOR TWELVE (12) MONTHS, IF ANY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
You agree to defend, indemnify and hold harmless Flowerhead™ (and its officers, employees, and agents) from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonable attorneys" fees) arising from or relatingto any claim or demand made by any third-party due to or arising out of (i) your use or misuse of the Website or Services, (ii) your User Generated Content, (iii) your violation of this Agreement; or (iv) your violation of applicable laws or regulations. Flowerhead™ 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 these claims. You agree not to settle any matter without the prior written consent of Flowerhead. Flowerhead™ will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it
10. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Website or Services. We may (a) suspend your rights to use the Website and/or Services (including your Flowerhead™ Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Website or Services in violation of this Agreement. Upon termination of this Agreement, your Flowerhead™ Account and right to access and use the Website and Services will terminate immediately. You understand that any termination of your Flowerhead™ Account involves deletion of your User Generated Content associated therewith from our Website, Services, and live databases. Flowerhead™ will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Flowerhead™ Account or deletion of your User Generated Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4–12
Flowerhead™ respects the intellectual property of others and asks that users of our Website and Services do the same. In connection with our Website and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Website and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
11.1 your physical, or electronic, signature;
11.2 identification of the copyrighted work(s) that you claim to have been infringed
11.3 identification of the material on our services that you claim is infringing and that you request us to remove;
11.4 sufficient information to permit us to locate such material;
11.5 your address, telephone number, and email address;
11.6 a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
11.7 a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement
The Designated Copyright Agent for Flowerhead™ is:
OPTING OUT. If you wish to opt-out of promotional emails, text messages, or other communications, you may opt-out by following the unsubscribe options provided in the respective communications. Additionally, you can email us at email@example.com.SMS/Texts – To opt out of any promotional marketing SMS or text messages, reply $STOP" via text message to be unsubscribed from any future promotions. You can also email our Support Team to be removed from any SMS or text messaging by contacting us at firstname.lastname@example.org
Emails – To opt out of any promotional marketing emails, select the unsubscribe button at the bottom of the email which will remove you from any future marketing emails. You can also email our Support Team to be removed from any marketing emails by contacting us at email@example.com
12.1 No Support or Maintenance. You acknowledge and agree that Flowerhead™ will have no obligation to provide you with any support or maintenance in connection with the Website or Services
12.3. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. In the event of any claim, demand, dispute, controversy, or causes of action, arising out of or relating to or in connection with the Website or Services (each a "Claim”), you and Flowerhead shall use their best efforts to settle the Claim. To this effect, you and Flowerhead shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable resolution satisfactory to you and Flowerhead. If the Claim cannot be settled through negotiation within a period of thirty (30) days, you and Flowerhead agree to attempt in good faith to settle the Claim through mediation, administered by a mediator mutually agreeable to you and Flowerhead, before resorting to arbitration. If you and Flowerhead do not reach such resolution, or an agreed upon mediator cannot be identified, within a period of thirty (30) days, then, upon notice by either party to the other they shall commence arbitration as set forth in below:
The arbitration shall be held in accordance with the JAMS thencurrent Streamlined Arbitration Rules & Procedures (and no other JAMS rules), which currently are available at: https://www.jamsadr.com/rulesstreamlined-arbitration. The arbitrator shall be either a retired judge, or an attorney who is experienced in commercial contracts and licensed to practice law in California, selected pursuant to the JAMS rules. The Parties expressly agree that any arbitration shall be conducted in the County of Los Angeles, California. Each party understands and agrees that by signing this Term Sheet, such party is waiving the right to a jury. Pursuant to subparagraph (a), the arbitrator shall apply California substantive law in the adjudication of all Claims. Notwithstanding the foregoing, either party may apply to the Superior Courts located in Los Angeles County for a provisional remedy, including but not limited to a temporary restraining order or a preliminary injunction. The application for or enforcement of any provisional remedy by a party shall not operate as a waiver of the agreement to submit a dispute to binding arbitration pursuant to this provision. In no event shall a Claim be adjudicated in Federal District Court. In the event that either party commences a lawsuit in Federal District Court or moves to remove such action to Federal District Court, the Parties hereby mutually agree to stipulate to a dismissal of such Federal action with prejudice. After a demand for arbitration has been filed and served, the Parties may engage in reasonable discovery in the form of requests for documents, interrogatories, requests for admission, and depositions. The arbitrator shall resolve any disputes concerning discovery. The arbitrator shall award costs and reasonable attorneys" fees to the prevailing party, asdetermined by the arbitrator, to the extent permitted by California law. The arbitrator's decision shall be final and binding upon the Parties. The arbitrator's decision shall include the arbitrator"s findings of fact andconclusions of law and shall be issued in writing within thirty (30) days of the commencement of the arbitration proceedings.
12.4 Copyright/Trademark Information. Copyright © 2022, AFIYH, LLC. All rights reserved. Flowerhead®; the Flowerhead logo; the Flowerhead™ wordmark used alone or in combination; (collectively, the !Marks”) are trademarks of AFIYH, LLC. You acknowledge and agree that you are not permitted to use Flowerhead" Marks or any third-party marks displayed on our Website without prior written consent from, respectively, Flowerhead, AFIYH, LLC, or the owners of such third-party marks
12.5 Additional Terms. This Agreement constitutes the entire agreement between you and us regarding the use of the Website and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Flowerhead™ of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word !including” means !includingwithout limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Flowerhead™. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Flowerhead" prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement are binding upon successors and assignees
12.6 Flowerhead™ Contact Information:
80 W Sierra Madre Blvd #120
Sierra Madre, CA 91024-2434