Terms Of Use

TERMS OF USE AGREEMENT

This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“User”) and Leaf & Flower, LLC. (“Leaf & Flower”) that governs your use of this website. By utilizing this website, (the “Website”), User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.
This Website is offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Leaf & Flower and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Leaf & Flower may amend these terms and conditions at any time. User’s continued use of this Website constitutes acceptance of the terms and conditions stated at the time of use. 
You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRIVACY 
Leaf & Flower may collect information about the Users of its Websites. Collection of this information is governed by the Leaf & Flower Privacy Policy, which is available at
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Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

User Conduct
User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features by the User. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. 

CORPORATE IDENTIFICATION AND TRADEMARKS 
All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Website are the property of Leaf & Flower and its affiliates unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without Leaf & Flower prior written permission. The use of Leaf & Flower Marks on any other website is prohibited unless granted with written permission.



PROPRIETARY RIGHTS TO CONTENT 
All materials contained in this Website are copyrighted except where explicitly noted otherwise. ©2022, Leaf & Flower, LLC. All rights reserved. 

User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this Website (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is not permitted to copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without Leaf & Flower’s prior, express authorization. 

Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods, services or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

User Submissions 
User agrees that any materials (including without limitation, stories, text, pictures) submitted to Leaf & Flower become the sole property of Leaf & Flower, and that User has no rights of any kind in such materials. To the extent that such materials cannot be transferred to Leaf & Flower, User grants Leaf & Flower a world-wide, royalty-free, and non-exclusive license to modify, use, display, distribute, sub-license, and publish such materials for any purpose. 

LINKS TO THIRD PARTY SITES 
Leaf & Flower may provide Users with links to other websites. These third party sites are not under the control of Leaf & Flower and User acknowledges that Leaf & Flower is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Leaf & Flower shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s website. In general, you should be cautious about using materials, including software, provided by websites unless you trust the owner and operator of the website. 

LIMITATION OF LIABILITY 
USER EXPRESSLY UNDERSTANDS AND AGREES THAT LEAF & FLOWER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT , INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE)
RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, REGARDLESS ON THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF LEAF & FLOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

DISCLAIMER OF WARRANTIES 
Leaf & Flower makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Leaf & Flower make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. UNLESS EXPRESSLY STATED OTHERWISE, Leaf & Flower PROVIDES THIS SITE CONTENT “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL Leaf & Flower OR ITS AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF Leaf & Flower HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

Indemnification 
User agrees, at User’s expense, to indemnify, defend and hold harmless Leaf & Flower, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney’s fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this Website or any product or service related thereto.  

Geographic Restrictions
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Venue And Governing Law 
This Agreement and the relationship between User and Leaf & Flower shall be governed by and construed in accordance with the laws of the State of California. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Website and the material contained in this Website shall be resolved in a federal or state court in Los Angeles County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred. 

Waiver/Severability 
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Arbitration
Arbitration By using our site, you agree that Leaf & Flower may, at its sole discretion, require you to submit any disputes arising from the use of this site, these Terms and Conditions, or our Privacy Policy, to final and binding arbitration under the International Arbitration Rules of JAMS, except that in all cases, the substantive law of California will apply. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other incidental damages. 

RESERVATION OF RIGHTS 
Any rights not expressly granted herein are reserved.