BANAN X OG EDDY
Last Materially Updated: July 2, 2020
Effective Date: July 19, 2019
Certain sections or pages on this Website may contain separate terms, conditions, disclosures or disclaimers, which are in addition to the Website Terms of Service. In the event of a conflict, the additional terms, conditions, disclosures and disclaimers will govern for those sections or pages. These Website Terms of Service are in addition to those that apply to any accounts or services you may have with Floracal.
Restrictions on Use
The information provided on this Website and any other holding interest of Floracal, is not to be reproduced, manipulated, copied, derived, distributed or used for any purpose other than for your own personal information and visual representation without the written consent of Floracal. You represent and warrant that you will not use any robot, spider, scraper, survey or other automated means to access the any web pages or assets contained in the Website, Website Content or Service for any purpose.
The Site is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Website or Services and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you invite to use the Site or participate in any of the Services with you is also of legal age as described above. Without limiting the foregoing, the Site and Services are not available to minors.
Use of the Website
You agree that you will not engage in any activities related to this Website that are contrary to applicable law, regulations or the terms of any agreements you may have with Floracal, its vendors, or other third parties in connection with your use of this Website. You further agree to establish commercially reasonable security procedures and controls to protect any of your confidential information. Further, you agree not to misuse this Website or its contents. If you need accommodations in order to use this Website, please contact our customer service staff by sending an e-mail to the e-mail address, or calling the telephone number, located at “Contact me” on this Website.
Floracal grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these TOS. You have no right to sublicense the license rights granted in this section. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of the Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Floracal.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Use of Information Included on this Website
All information provided on this Website is intended for informational purposes only. All information is believed to be reliable, but is not warranted to be accurate, timely or complete, nor is any information intended to constitute advice. Many factors unknown to Floracal may affect the applicability of any statement or comment made on the Website to your particular circumstances.
Information Collection and Use
While using the Website, you may be asked to provide certain Personally Identifiable Information (“PII”) and Personal Health Information (“PHI”) that can be used to contact or identify you. PII may include, but is not limited to, your email address, name, phone number, driver’s license, postal address or other individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2(“Personal Information”). PHI may include but is not limited to your medical cannabis card. Additionally, we collect payment details, information about the order you initiate, and information about the device and browser you use. Further examples of PII include:
• Your first and last name;
• Residential and billing address;
• Company name;
• Occupational role;
• Social medial name and profile;
• Internet Protocol (IP) address;
• Contact details (e.g., telephone number, fax number, e-mail address);
• Date of birth;
• Purchase and ordering history; or
• Other information you voluntarily provide.
This information is collected for the purpose of providing the Service in accordance with applicable laws and regulations within the jurisdiction, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, authentication, payment and improving our services. We may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, and preferences. Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Website’s features.
We share the information we collect with our subsidiaries and affiliates such as Cresco Labs, LLC (“Cresco”), Sunnyside*, and CannaRoyalty Corp. Cresco in collaboration with Floracal may use the information to offer you products and services that may be of interest to you.
If you do not want us to use your PII, for example, to directly market our products of services, you may submit a request to email@example.com, modify your cookie preferences, modify your account preferences, click “unsubscribe” at the bottom of any emails or texting STOP or following the link at the bottom of any texts. Please access and review our Text Message Policy for more information on promotional text messages.
Disclaimer of Warranty and Limitation of Liability
FLORACAL AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ON THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE.
SUCH INFORMATION OR TOOL IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED CONDITIONS AND WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE PROVISIONS REGARDING IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
FLORACAL AND ITS AFFILIATES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THIS WEBSITE OR ANY OTHER WEBSITE LINKED OR REFERENCED ON THIS WEBSITE, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT HEREOF OR THEREOF, IN CONNECTION WITH ANY NEGLIGENCE< FAILURE OF PEROFMRANCE, ERROR, DELAY, DEFECT, VIRUS, SYSTEM FAILURE, OR ANY INCOMPATABILITY BETWEEN THE WEBSITE AND YOUR SITE ACCESSING PROGRAM, OR ANY PROBLEM CAUSED OUTSIDE FLORACAL OR ITS AFFILIATES CONTROL,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.
All information submitted to Floracal via this Website shall be deemed the property of Floracal. Floracal will be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this Website provides to Floracal through this Website. Floracal shall not be subject to any obligations of confidentiality regarding submitted information except as expressly agreed by Floracal executing a confidentiality agreement or as otherwise required by law.
Available Only Where Permitted by Law
The products and services described this Website are only offered in jurisdictions where they may be legally offered for sale. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to local law or regulation.
Hyperlinks are Not Endorsements
Links to other websites or references to other products, services or publications do not imply the endorsement or approval of such websites, products, services or publications by Floracal. Third party websites reached through links from this Website may also have privacy and security policies different from Floracal and may provide less security. Floracal is not responsible for the collection, use, or security of information by companies outside of Floracal that may be linked to on this Website. If you choose to access any software available through links from this Website, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system. You should also ensure that you have a complete and current backup of the information contained on your computer system prior to installing such software. Please review the privacy and security policies of websites reached through links from this Website.
There are some areas of the Website that implement Google Maps API. By using Google Maps API, you agree to be bound by Google’s Terms of Service.
Copyrights, Trademarks, & Restrictions
The Website and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Website are owned by or licensed by Floracal Labs, LLC or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties.
Except as expressly permitted in writing by Cresco Labs, LLC, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Service or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Cresco, Floracal, or such third party that may own the Material or intellectual property displayed on the Site.
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, SCRAPING, SELLING, POST, REVERSE ENGINEER,OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others of which you become aware. You are advised that Floracal Labs, LLC will aggressively enforce its rights to the fullest extent of the law. Floracal may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.
Copyright © http://floracalfarms.com. All Rights Reserved.
All information at this Website is protected under the copyright laws of the United States and other countries. In addition, certain information may have been copyrighted by others. Unless otherwise specified, no one has permission to copy, redistribute, reproduce or republish in any form, any information found at this Website. Inquiries about permission should be directed to:
400 W. Erie Suite 110
Chicago, IL 60654
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents: Floracal operates the Website in the United States. Floracal makes no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
In the event any part of this Website is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all other provisions of this Website shall remain in full force and effect.
Use of this Website shall be governed by applicable United States of America federal and state laws.
BANAN X OG EDDY
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