Island Cannabis Terms of Service Agreement
Effective Date: July 27, 2020
Welcome to the island.co website (the “Website”) administered by Island Global Holdings, Inc. & Carousel Bay, LLC (“ISLAND”, “we”, “us” or “our”). Please read this Terms of Service Agreement (“Agreement”) carefully. The Agreement constitutes a legal agreement between you and island and states the terms and conditions that govern your use of the website and the services offered on the website.
Section 15 of this Agreement, below, contains provisions governing how claims that you and we have against each other are resolved. Any dispute or claim arising from or relating in any way to your use of the Website will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
By accessing or using the Website in any way (including using the resources available or enabled via the Website, checking a box or using any other consent protocol presented on the Website to indicate your assent to this Agreement, and/or completing the registration process on the Website), you hereby represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of at least 21 years of age, and (3) you have the legal authority to enter into the Agreement. If you do not meet all three of these criteria, you may not access or use the Website.
- USE OF WEBSITE.Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your web browser only for the purpose of shopping for items for personal use that are sold on the Website and not for purposes of resale or any other commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement may result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website, any of our content on the Website, or any portion of the Website unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates this Agreement, applicable laws or regulations, or is harmful to our interests.
You agree not to upload, distribute, or publish any content or material through the Website that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; (c) that impersonates or pretends to be a person who you are not; or (d) includes any malware, bugs, viruses, or other harmful code or properties.
You may be required to create a username and password to enable you to access and use certain portions of the Website. You may not use a username You are responsible for protecting the security and confidentiality of the password and identification assigned to you. You are not permitted to share your password or username with any third party. You must notify us immediately of any unauthorized access to your account, use or attempted use of your username or password, or any other breach or threatened breach of the Website’s security. You will be responsible for all access to and use of the Website by anyone using your username and password, including all communications and obligations incurred, whether or not such access was actually approved by you.
- REVIEWS AND COMMENTS.Except as otherwise provided elsewhere in this Agreement or on the Website, you agree that we have the right to use anything that you submit or post to the Website and/or provide us, including without limitation, ideas, questions, reviews, comments, and suggestions (collectively, “Submissions”). You hereby grant us the royalty-free, worldwide, perpetual, irrevocable, sub-licensable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, translate, modify, or create derivative works from such Submissions by any means and in any form. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also hereby grant us the right to use the name that you submit in connection with any review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Website and that use of your reviews, comments, or other content by us will not infringe upon or violate the rights of any third party. You agree not to use any false or misleading information in any Submissions. We have the right to remove any Submissions for any reason.
- INTELLECTUAL PROPERTY.The content of this Website, including all text, images, graphics, publications, audio clips, and software, and the assembly and arrangement of such items (collectively, “Content”), belongs exclusively to Island Cannabis Company or its affiliates and is protected by U.S. and international copyright laws. ISLAND.CO, ISLAND, the “ISLAND Sunburst”, “ISLAND Stripe”, “ISLAND Premiums”, “ISLAND Mini’s”, “ISLAND Catalinas”, “ISLAND Classic”, “ISLAND Reserves” (and design), and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Island Global Holdings, Inc, Carousel Bay LLC or its affiliates. The use of any of our intellectual property without our prior, express written consent is strictly prohibited.
- TYPOGRAPHICAL ERRORS.We have the right to refuse or cancel orders or memberships if a product or information is listed on the Website with a typographical error that incorrectly identifies the true price or service conditions of a product or service. We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge and you agree that a credit is your sole remedy.
- TERMINATION.We have the right to terminate the Agreement or revoke any and all of your rights granted under the Agreement with or without prior written notice. Upon termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, revoke all password(s) and account identification issued to you and deny your access to and use of the Website in whole or in part. Any termination of this Agreement will not affect the respective rights and obligations of the parties arising before the date of termination.
- INTERNATIONAL USE.The Website can be accessed from countries other than the United States but may contain products or references to products that are not available outside of the United States, and these references do not imply that such products will be made available outside the United States. If you access and use the Website outside the United States you are responsible for complying with your local laws and regulations.
- DISCLAIMER OF WARRANTIES.TO THE FULLEST EXTENT OF THE LAW, ISLAND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING FROM OR RELATED TO USE OF THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE WEBSITE. THE FOREGOING DISCLAIMER OF WARRANTY DOES NOT EXTEND TO THE PRODUCTS SOLD ON THE WEBSITE, WHICH ARE SUBJECT TO SEPARATE TERMS OF SALE POLICIES. FOR MORE INFORMATION ABOUT THE PRODUCT TERMS OF SALE, SEE OUR FAQS RELATED TO OUR PRODUCTS AT ISLAND.CO/FAQ. SOME JURISDICTIONS DO NOT ALLOW FOR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
- LIMITATION OF LIABILITY.TO THE FULLEST EXTENT OF THE LAW, YOU AGREE THAT ISLAND, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES. THE CUMULATIVE LIABILITY OF ISLAND TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, OR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO ISLAND BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT EXTEND TO CLAIMS FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE BY USERS WHO RESIDE IN THE STATE OF NEW JERSEY OR TO CLAIMS BY NEW JERSEY RESIDENTS FOR ANY DAMAGES CAUSED BY ISLAND’ FRAUD, DECEPTION, FALSE PROMISE, MISREPRESENTATION, OMMISSION OF ANY MATERIAL FACT OR INTENTIONAL OR RECKLESS MISCONDUCT.
- BASIS OF THE BARGAIN.You acknowledge and understand that the warranty disclaimers and limitations of liability set forth in Sections 8 and 9 form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers and limitations of liability, and that absent such disclaimers and limitations of liability, the terms and conditions of this Agreement would be substantially different.
- INDEMNIFICATION.You agree to indemnify and hold harmless ISLAND, its affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties”) from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your breach of this Agreement, your use of or access to the Website or your account on the Website, or in connection with any other person’s use of or access to your account, with or without your permission. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, intentional or reckless misconduct, fraud, deception, false promise, misrepresentation or omission of any material fact in connection with the Website. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Website.
- EXTERNAL LINKS.The Website may contain links to other Websites on the Internet that are owned and operated by third parties. ISLAND is not responsible for the operation of or content located on or through any such Website.
- EXCLUSIVE VENUE.To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and ISLAND agree that any and all such claims and disputes arising out of or relating to the Agreement will be litigated exclusively in either the state or federal courts located in the County of Los Angeles, California.
- DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ISLAND and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement.You agree that any dispute or claim arising from or relating in any way to your access to or use of the Website or any user account on the Website, to any products sold or distributed through the Website, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, nonrepresentative) basis; and (2) you or ISLAND may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
IF YOU AGREE TO ARBITRATION WITH ISLAND, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST ISLAND ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
- Arbitration Rules and Forum.The Federal Arbitration Act governs the interpretation, enforcement, and performance of this Arbitration Agreement, as well as the procedure of any arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator.The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ISLAND. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial.YOU AND ISLAND HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ISLAND are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions.YOU AND ISLAND AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 14.
- Severability.Subject to Section 14(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement.This Arbitration Agreement will survive the termination of your relationship with ISLAND.
- Modification.Notwithstanding any provision in this Agreement to the contrary, we agree that if Island makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to ISLAND.
- THIRD PARTY SERVICES.From time to time, ISLAND may provide you with access to, use or enable certain third-party software, products or services (collectively, “Third Party Services”). Your use of the Website is subject to, and you hereby agree to, SHOPIFY’S TERMS OF SERVICE, as they may be amended by Shopify from time to time.
- Severability/Waiver.Subject to Section 14(e), if any these provisions are deemed invalid, void, or for any reason unenforceable, that condition will not affect the validity and enforceability of any remaining provision. No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived.
- Notice; Communications. You may communicate with or give notice to ISLAND at the following address:
Island Global Holdings, Inc.
409 N. Pacific Coast Highway, Suite 848
Redondo Beach, CA 90277
Such notice shall be deemed given when received by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
Where ISLAND requires that you provide an email address, you are responsible for providing ISLAND with your most current email address. In the event that the last email address you provided to ISLAND is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, ISLAND’s dispatch of the email containing such notice will nonetheless constitute effective notice.
- Procedure for Making Claims of Copyright Infringement.It is ISLAND’s policy to terminate privileges of any user who repeatedly infringes copyright upon prompt notification to ISLAND by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Website of the material that you claim is infringing; (d) your address, telephone number and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Electronic Communications.The communications between you and ISLAND use electronic means, whether you visit the Website or send us emails, or whether we post notices on the Website or communicate with you via email. For contractual purposes, you (1) consent to receive communications from ISLAND in an electronic form, and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ISLAND provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your statutory rights.
- Notice to California Customers.Under California Civil Code Section 1789.3, customers from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Modifications. We reserve the right to change the terms and conditions of this Agreement at any time. Those changes will go into effect on the effective date shown at the top of the revised Agreement. If we change this Agreement, we will give you notice by posting the revised Agreement on the Website and/or sending you an email at the email address you have provided or posting a notice that appears on the Website. We encourage you to keep your contact information up-to-date and to check this Agreement each time you use the Website in order to see if this Agreement has been updated. Your continued use of the Website following our posting of changes to this Agreement indicates your acceptance of such changes.
- Entire Agreement.This Agreement is the final complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Carousel Bay, LLC