Terms of use

Last updated: June 6, 2018

Welcome to https://fireandflower.com (“Website”), the official website of Fire & Flower, Inc. (hereafter referred to as “Fire & Flower”, “we”, “us”, and “our”). Use of the Website is subject to the following terms and conditions, as amended from time to time (the “Terms”),which govern the use of and interaction with the Website and its respective services (the “Service” or “Services”) by all users. These Terms are to be read together with our Privacy Policy and any supplemental terms, conditions or disclaimers provided in the pages of the Website.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND/OR ANY SERVICE. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE WEBSITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ANY OF ITS SERVICES.

1. 19+ Only

The Website is intended for your use only if you are 19 years of age or older. If you do not fall within this category, you may be in breach of laws or regulations applicable in your province or country of residence or access, and you should leave the Website immediately.

You may restrict access to this Website using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.

2. Updates

Fire & Flower reserves the right to modify these Terms at any time, at its sole discretion. If Fire & Flower decides to change these Terms, Fire & Flower will post those changes here. We will also update the “Last Updated Date” at the top of these Terms. We encourage you to visit this section of the Website regularly in order to remain informed of any changes We are not liable to you or any third party in any respect arising from any changes or interruptions to the Website or Services.

If you do not agree to any changes that have been made, you must immediately stop using the Website and all Services.

3. Conditions of Use

Our Website and any of our Services are offered solely for your own personal, informational, or non-commercial use. By accessing the Website or any Service, you agree to only use the Website and Services for legitimate purposes in compliance with these Terms and all applicable laws and regulations.

You represent and warrant that all information provided to us in relation to our online Services is true and accurate. You acknowledge and agree that content posted by you will be publicly attributable to you. You further acknowledge and agree that once you post content, it may not be possible to delete the content.

The Website may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of linked content, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings. We may or may not actively monitor postings on public forums. Similarly, we may or may not exercise editorial control over postings on any public forum.

We may assign these Terms to anyone for any reason in our sole discretion without notice. You may not assign these Terms without our prior written consent.

4. Prohibited Use

In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Website or Services for any purpose not expressly authorized by these Terms and/or transmit or upload to the Website or any Service content that in any form or respect:

  1. contravenes or violates any applicable laws or regulations, including, without limitation, criminal, intellectual property, privacy, competition, securities and other laws and regulations;
  2. constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
  3. contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers;
  4. enables hacking or permits any automated device, program, tool (including but not limited to robot, bot, spider, deep-link, other data-mining or harvesting processes) or any manual process that in any way would facilitate access, or allow the acquisition, copying, or monitoring of any portion of the Website, including all data and networks, without the prior express written consent of Fire & Flower;
  5. collects information about others, including but not limited to, users’ e-mails, passwords or other account information;
  6. copies or distributes any part of the Website or Services in any medium without Fire & Flower’s prior written authorization;
  7. reverse engineers or decompiles the software comprising or included in the Website;
  8. attempts to gain access to unauthorized content, including content that has not yet been made available to the public;
  9. modifies, reverse-engineers, disassembles, decompiles or stores any content, data or any portion of the Website, for any reason, including for the purpose of competing with Fire & Flower and its affiliates, or distributing content for a commercial use;
  10. collects or harvests any personal information from the Website or a related Service, nor will you use communication systems provided by the Website and Service for any commercial solicitation purposes; and/or
  11. solicits, for commercial purposes, any users of the Website and Service.

Notwithstanding this section, Fire & Flower grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

5. Privacy

We encourage you to read our Privacy Policy. It explains how we collect, use and disclose and otherwise manage your personal information when you visit and use our Website and Services. If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.

6. Links

Our Website may contain links to third-party websites or resources. You acknowledge and agree that Fire & Flower is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Third-party websites or resources can include, but are not limited to, advertisements, promotional offers or applications included in or made available on the Website. These third-party websites and resources are not owned or controlled by us. You understand and agree that Fire & Flower does not review, endorse, approve or control the content, products or services on or available from third-party websites or resources, and is not responsible or liable for the behavior, availability, features or content of any third-party website or resource or for any losses or damages arising out of your interaction with any third party. Your use of these third-party websites and resources is at your own risk and subject to separate terms of use.

Without limiting the foregoing, any link to a third party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.

7. Copyright and Intellectual Property

All information, content and materials made available by Fire & Flower through the Website or Service, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, service marks, logos, patents, trade names or other intellectual property or proprietary rights comprising the Website and Services, or any component or element of the Website and Service (collectively, the “Content”) is the exclusive property of Fire & Flower and its licensors and is protected by Canadian, U.S. and international copyright law.

Fire & Flower and its licensors retain all rights in the Content of this Website. The Content is provided to you AS IS, without any representation or warranty, whether express or implied, for your informational, personal, non-commercial use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof.

You agree to not engage in the use, copying, distribution, transmission or modification of any of the Content for any commercial purpose. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the Website, Services or any of their related security features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Services or the Content therein.

8. Disclaimers

IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION OR OTHER LAWS (E.G. PROVINCE OF QUEBEC), THEN PARTS OF ALL OF THIS SECTION MAY NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY.

CERTAIN FEDERAL OR PROVINCIAL/TERRITORIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU WILL HAVE THOSE MINIMUM RIGHTS AVAILABLE TO YOU UNDER THAT CONSUMER PROTECTION LAW AND THE FOLLOWING PROVISIONS IN THIS SECTION WILL NOT APPLY TO YOU.

YOU AGREE THAT ALL CONTENT ON THIS WEBSITE AND ANY RELATED SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE,” AND ALL USE OF THIS WEBSITE AND SERVICE IS AT YOUR OWN RISK. FIRE & FLOWER DOES NOT GUARANTEE THE ACCURACY OF ITS CONTENT AND YOU AGREE TO ACCEPT ANY RISKS ASSOCIATED WITH THE USE OF THIS SERVICE ON AN ONLINE PLATFORM, INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO VIRUSES, DAMAGING OR DISABLING CODE. FIRE & FLOWER DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF FIRE & FLOWER, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT FIRE & FLOWER DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE AND ANY RELATED SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITE, SERVICE OR THE SERVER THAT THE WEBSITE AND SERVICE ARE AVAILABLE ON ARE ERROR-FREE, INCLUDING DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE WEBSITE, SERVICE AND ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE IS SOLELY AT YOUR OWN RISK.

9. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY RELATED SERVICE REMAINS WITH YOU.

You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of these Terms.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIRE & FLOWER AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE, SERVICE OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VICARIOUS LIABILITY OR OTHERWISE. THE INVOLVED PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE WEBSITE, THE SERVICE, CONTENT OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE; OR (B) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICE, CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

10. Indemnification

You shall release, defend, indemnify, and hold Fire & Flower and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Website or Services; or (ii) your violation of these Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute is to be submitted to a court of competent jurisdiction in the City of Edmonton, Province of Alberta, Canada.

12. Termination of Website and/or Service

Fire & Flower may discontinue at any time, without notice, the Website, Service, Content, materials, products and/or other services described on the Website or the availability thereof. Fire & Flower also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Website and/or Service with or without notice to you.

13. Entire Agreement; Severability

These Terms,the Privacy Policy, and any other terms or conditions expressly referred to therein, constitute the entire agreement between you and Fire & Flower regarding your use of the Website, Service and any other subject matter herein. If any portion of these Terms is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of these Terms.

We may, from time to time, offer you the opportunity to participate in or use other special services, events, contests, and so forth, both on and off the Website. By participating in any such special service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.

14. Contact Us

If you have any questions about these Terms, please contact us at: info@fireandflower.com