These Terms of Service (“Terms of Service” or “ToS”) govern the use of the product ordering and delivery service that TD Chula Vista I, Inc. dba California Holistics (“California Holistics” or “we”) makes available to an individual consumer (“you”) through our websites located at www.californiaholistics.com and shop.californiaholistics.com (the “websites”) and through mobile applications and related services, as modified from time to time (collectively, the “Service”). The websites and the Service are collectively and individually referred to as the “Solution”. As used in these ToS, the word “including” means “including without limitation”. THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS IN RESOLVING DISPUTES. By accessing or using the Solution, you expressly accept all of the provisions of these ToS and that you are legally competent to enter into and agree to these ToS. If you do not accept these ToS, then you may not use the Solution.

1. YOUR ACCOUNT

A. Creating an Account. . In order to create an account (“Account”) and become a registered user of the Service. You do not need to create an Account to use the websites, however, you will not be able to access certain features of the websites, place orders, make reservations, or request deliveries for products until you do so. You are responsible for providing us with and maintaining accurate contact information, including your name, email address, address, and phone number. You represent that any information you provide to us is true and accurate. B. Geolocation. California Holistics may be able to obtain your approximate geographic location, via IP address lookup or otherwise. If you access the websites via a mobile device and disable location services on that device, or otherwise elect not to provide us with information regarding your location, you will not be able to access certain features of the websites, place orders, make reservations, or request deliveries for products. Additionally, certain features of the websites may not be available depending on your location. C. Account Activities. You are the sole authorized user of your Account, and are responsible for maintaining the accuracy and confidentiality of your login information. You are solely and fully responsible for all activities that occur under your Account. California Holistics has no control over the use of your or any other user’s Account. California Holistics expressly disclaims any liability derived from misuse of any Account. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you must cease all use of the Account and contact us immediately by emailing info@californiaholistics.com. D. Privacy Policy. Our practices regarding privacy and communicating with users in operating the Solution are described in our Privacy Policy. Please review our Privacy Policy to learn about what information we collect from you, how we use and share it, and how we communicate with our users. E. Messaging. . By providing your mobile phone number and/or email address through the Solution or to a Store, you expressly consent to receive informational and transactional messages at the mobile phone number and/or email address provided to California Holistics and/or the Dispensary. Consent is not required as a condition of your use of the Solution . Standard per minute call and message and data rates may apply. You may opt-out of receiving marketing messages at any time.

2. LICENSE and RESTRICTIONS; Ownership

A. License Grant. Subject to your compliance with these ToS, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Solution, for your personal use only, and subject to the limitations set forth in these ToS, including those in Section 3.C below. We reserve all rights not expressly granted to you pursuant to these ToS. The limited rights granted to you to access and use the Solution are a limited license and do not constitute the sale of any software program. B. Fees. California Holistics does not currently charge end users any fees for use of the Solution, although we reserve the right to do so in the future if permitted by Applicable Laws. California Holistics will notify end users prior to charging any fees for use of the Solution. C. Use Restrictions.

You agree that: (i) you will not use the Solution if you are not fully able and legally competent to agree to these ToS; (ii) you willonly use the Solution in full compliance with Applicable Laws; (iii) you will not use the Solution for sending or storing any material prohibited by Applicable Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (iv) you will not use the Solution to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Solution to cause nuisance, annoyance or inconvenience; (vi) you will keep secure and confidential your account password or any identification we provide you which allows access to the Solution; and (vii) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request
Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Solution in any unauthorized manner , including in any service bureau arrangement; (i i) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Solution, or any part thereof in any form or manner or by any means; (iii) harvest or scrape any content or data from the Solution; (iv) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Solution; (v) decompile, disassemble, reverse compile, reverse assemble, reverse translate, reverse engineer or otherwise use any means to discover the source code of any part of the Solution , or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (vi) otherwise circumvent any functionality that controls access to or otherwise protects the Solution; or (viii ) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of California Holistics and its licensors. If you breach these restrictions, you may be subject to damages.
Ownership. The Solution and its content, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials accessed through or on the Solution, including all right, title and interest in the same (including any and all patent, copyright, trade secret, trademark, know-how and any other intellectual property rights therein), are owned by California Holistics and its licensors, and are protected under intellectual property, copyright, trademark and other laws. You agree not to take any action(s) inconsistent with such ownership interests.

D. Feedback and Revisions. Any and all: (i) suggestions for correction, change and modification to the Solution and other feedback (including but not limited to quotations of written or oral feedback), information and reports you provide to California Holistics (collectively “Feedback”); and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by California Holistics or otherwise relating to the Solution (collectively, “Revisions”), are and will remain the property of California Holistics. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Solution or in any such Feedback or Revisions. You agree that by providing Feedback or Revisions to California Holistics that they become the sole and exclusive property of California Holistics and California Holistics may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to California Holistics any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions E. User Content License Grant. . The Solution may require you to rate (on a five star scale) each transaction you complete with a Dispensary using the Solution. You will also have the option to submit written feedback regarding the goods or services you received via such transaction. As a condition of your use of the Solution, you hereby grant to California Holistics a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Solution (“Your Content”). By posting or submitting Your Content through the Solution, you represent and warrant: (i) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (ii) that Your Content is accurate; and (iii) that use of Your Content does not violate these ToS or our Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Solution, including in the forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SOLUTION

3. WARRANTY DISCLAIMER

THE SOLUTION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND California Holistics HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.California Holistics DOES NOT WARRANT THAT: (I) THE SOLUTION WILL MEET YOUR REQUIREMENTS; (II) OPERATION OF THE SOLUTION WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (III) THE SOLUTION WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (IV) DEFECTS IN THE SOLUTION CAN OR WILL BE CORRECTED.California Holistics DOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY PRODUCTS, GOODS OR SERVICES OBTAINED BY YOU FROM DISPENSARIES OR OTHER PARTIES THROUGH THE SOLUTION. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF PRODUCTS OR GOODS ORDERED VIA THE SOLUTION REMAINS SOLELY WITH YOU.

4. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL California Holistics BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TOS OR THE USE OR INABILITY TO USE THE SOLUTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL California Holistics’S TOTAL AGGREGATE LIABILITY UNDER THESE TOS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO California Holistics UNDER THESE TERMS OR SERVICE; OR (II) ONE HUNDRED DOLLARS ($100) UNITED STATES DOLLARS

5. Indemnity

By agreeing to these ToS and using the Solution, you agree, TO THE MAXIMUM EXTENT PERMITTED BY LAW, that you shall defend, indemnify and hold California Holistics, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation of any Applicable Laws; (ii) your violation of any rights of any third party; or (iii) your negligence or willful misconduct.

7. BINDING ARBITRATION CLAUSE

Please read the following Binding Arbitration Clause (the �Clause�) carefully because it requires you to arbitrate certain disputes and claims with California Holistics and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and California Holistics agree that any dispute arising out of or related to these Terms or our Services is personal to you and California Holistics and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. You and California Holistics waive your rights to a jury trial and to have any disputes, regarding anything whatsoever between us, resolved in court and instead agree that such disputes shall be resolved through binding arbitration. This agreement to arbitrate disputes includes, but is not limited to, any and all claims for relief and theories of liability between you and California Holistics, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with California Holistics, and/or any interactions between you and California Holistics. If there is a final judicial determination that applicable law precludes enforcement of this paragraph�s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Notice Requirement. For any dispute or claim that you have against California Holistics or relating in any way to the Services, you may either proceed directly to arbitration, or you may first contact California Holistics and attempt to resolve the claim informally by sending a written notice of your claim (�Notice�) to California Holistics by email at contact info@californiaholistics.com or by certified mail addressed to 810 Paseo del Rey, Chula Vista, California. If you elect to pursue pre- arbitration resolution through the Notice option, the Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. California Holistics shall also have the option, but not the requirement, to pursue informal pre-arbitration resolution with you through the Notice process set forth herein. Our notice to you, as and if applicable, will be similar in form to that described above. If you and California Holistics cannot reach an agreement to resolve the claim through the Notice process, or if you or California Holistics decide to immediately proceed to arbitration without pursuing pre-arbitration resolution through the Notice process, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (�AAA�). All disputes submitted to AAA will be resolved through confidential, binding arbitration under the AAA Consumer Arbitration Rules. The most recent version of the AAA Consumer Arbitration Rules are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Consumer Arbitration Rules or waive your opportunity to read the AAA Consumer Arbitration Rules Rules and waive any claim that the AAA Consumer Arbitration Rules are unfair or should not apply for any reason.
Applicability of FAA: You and California Holistics agree that these Terms affect interstate commerce and that the enforceability of this Clause [6] will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. � 1, et seq. (the �FAA�), to the maximum extent permitted by applicable law.
Delegation: You and California Holistics clearly and unmistakably agree that the arbitrator shall have the power to rule on his or her own jurisdiction, and the existence, scope, validity, and arbitrability of these Terms. This delegation provision shall be deemed a contract entered into under the laws of the State of Florida and will be governed by the laws of the State of Florida together with the Federal Arbitration Act.
Confidentiality: The arbitrator, California Holistics, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
Opt Out: You have the right to opt out of binding arbitration within 10 days of the date you first accepted the terms of this Clause [6] by sending a written opt-out notice via certified mail to 810 Paseo del Rey, Chula Vista, California. To be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration.
Severability: If any portion of this Clause [6] is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Clause [6] or the parties� ability to compel arbitration of any remaining claims on an individual basis pursuant to this Clause [6]; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Clause [6] is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Clause [6] will be enforceable.

7. GENERAL PROVISIONS

Termination. . If you breach any of the terms of these ToS, all licenses granted by us, including permission to use the Solution, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, access to the Solution (or any part of the foregoing) with or without notice, for any or no reason (including, for example, if you fail to honor reservations you make through the Solution). If we delete your Account for any suspected breach of these ToS by you, you are prohibited from re-registering for the Solution under a different name. All sections which by their nature should survive the termination of these ToS shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by California Holistics or you. Termination will not limit any of our other rights or remedies at law or in equity.
Injunctive Relief. You agree that a breach of these ToS may cause irreparable injury to California Holistics for which monetary damages might not be an adequate remedy and California Holistics shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Notices. . We may give notice to you by means of a general notice on the Service or the websites, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to info@californiaholistics.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
Miscellaneous. These ToS constitute the entire agreement between you and California Holistics with respect to the subject matter hereof, and all prior or contemporaneous understandings or agreements, whether written or oral, between you and California Holistics with respect to such subject matter are hereby superseded in their entirety. These ToS may not be modified except by a writing executed by the duly-authorized representatives of California Holistics or pursuant to Section 8.5 of these ToS. No other act, document, usage or custom will be deemed to modify or amend these ToS. These ToS will inure to the benefit of and will be binding upon each party’s successors and assigns. These ToS and the licenses granted hereunder may be assigned by California Holistics but may not be assigned by you without the prior express written consent of California Holistics. Any attempt by you to assign these ToS without the written consent of California Holistics shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these ToS will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. If either party is prevented from performing, or is unable to perform, any of its obligations under these ToS due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the ToS but are for convenience only. If you are using the Solution from the United States, the laws of the State of California, excluding its conflicts of law rules, govern these ToS and your use of the Service and the websites. If you are using the Solution from any other country, the laws of that country shall govern your use of the Solution. Your use of the Solution may also be subject to other local, state, provincial, or international laws.
Modifications. We may occasionally update these ToS. When we do so, we will post the updated ToS on the websites and revise the “Last Updated” date at the top of these ToS. If you continue to use the Solution after we post an update to these ToS, you indicate your acceptance of the updated ToS.
Contact Us. . If you have any questions regarding these ToS or the Solution, please contact us at info@californiaholistics.com.

Flan Sherbert Flower

Info

Product Description

Frequently bought together

Popular