Terms of Service
Effective Date: November 23, 2021
Thank you for your interest in Floating Islands. LLC, (“Floating Islands,” “we” or “us”). These Terms of Service (“Terms”) govern your use of Float, including any use of the Services and resources available or enabled via Floating Islands, on any website that links to these Terms regardless of the manner in which such website is accessed.
Our website provides information about certain of our products, content and services (collectively, our “Services”) and resources related to the same which are available at retail locations or via e-commerce, and other general information related to the cannabis industry.
Please read these Terms carefully. These Terms represent a binding contract between you and us, and by creating accessing our website, creating an account or otherwise using Float, you expressly agree to be bound by them. We may update these Terms from time to time, in our discretion. Certain features of our website or Services may be subject to additional terms, rules or regulations, which will be posted to our website in connection with the same. All such additional terms, rules or regulations are incorporated by reference into these Terms.
THESE TERMS AFFECT YOUR RIGHTS AND DESIGNATE THE GOVERNING LAW AND FORUM FOR THE RESOLUTION OF ANY AND ALL DISPUTES BETWEEN YOU AND US. If you do not agree to be bound by these Terms, you may not use Floating Islands.
Content on our website is provided by Floating Islands and its licensors, including, but not limited to, graphics, photographs, images, text, trademarks, logos, product and program names, slogans and the compilation of all of the foregoing (“Floating Islands Content”). Floating Islands Content is, as between you and Floating Islands, the property of Floating Islands and is protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not copy or store Floating Islands Content in any form outside of the Floating Islands website and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Floating Islands Content, except as expressly contemplated herein. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights. All intellectual property rights in Floating Islands and Floating Islands Content are, as between you and us, the sole and exclusive property of Floating Islands. Any dated Floating Islands Content is valid as of the indicated date only.
Some Floating Islands features either now or in the future may allow you to post or submit content and materials for publication on our website (“Your Content”). You represent and warrant that Your Content is accurate, true and not defamatory, and that you own or otherwise have the necessary license(s) for your use of Your Content, including all rights necessary for you to post or otherwise transmit Your Content to Floating Islands. You own any intellectual property rights to Your Content, but you agree that we can use, reproduce, modify, adapt and publish Your Content for purposes of enabling us to offer Floating Islands or the specific features you have elected to use. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. You may also be able to view or access content and materials published to our website by other users (collectively, “User Content”). Floating Islands does not control User Content and cannot guarantee its accuracy. Floating Islands is not responsible for User Content and you should keep this in mind when making any decisions based on such User Content. We appreciate when you provide us feedback through customer service or by email, but we may use any feedback, comments, or suggestions without any obligations to you. For purposes of clarity, you hereby assign all intellectual property rights to us in any feedback, comments, or suggestions that you provide to us.
Accuracy of Information, Products and Pricing
We attempt to ensure that the information provided through the website, including any Floating Islands Content and our Services, is complete, accurate, and current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided here. Floating Islands shall not be responsible for any errors or omissions on the website; however, when we discover an error we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.
Not all Services that appear on our website may be offered for sale in your jurisdiction. Certain products may not be available at the time you place an order. Some of our products shown on our website may appear differently at the retail establishment.
Our website may provide you with pricing for products that are made available by us both in a retail establishment and online. The prices displayed (in U.S. dollars) for products available for purchase via the website may only represent the applicable retail prices, and may not consist of taxes, delivery fees, or other applicable charges. Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through the website may only be good for purchases made through the website and may differ from in-store pricing.
Please note that the current price for and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Price and availability information is subject to change without notice.
Orders and Deliveries
The website may include features or links to third party sites which permit you to place an order with us for either pick-up, or for delivery. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by us as a part of the Services or otherwise. All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you. We are not responsible for deliveries that are delayed due to events that are beyond our control, but we will strive to provide you with a seamless delivery process. Not all products shown on the website may be available at retail, as some products can only be found online.
Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity on any product or service and/or to refuse service to any user. For example, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the contact information provided at the time the order was made. We also may require verification of information prior to the acceptance and/or delivery of any order.
Account Registration and Maintenance
You agree that all Account Information that you provide will be accurate, current, and in a form sufficient to allow Floating Islands to contact you from time to time. You agree that we may send email communications to you for customer service, account and/or product confirmations, product offers and other similar matters. You may choose to opt out of much of this email correspondence through your account settings or by using the links at the bottom of our emails. Please note that even if you opt out, we may still send you account and/or Services related communications, such as purchase confirmation and similar transactional messages.
By establishing an account, or otherwise providing your contact information, you agree that we may send communications to your email address as well as by telephone or text message at any of the phone numbers provided by you or on your behalf in connection with your account, calls and/or push notifications to the mobile telephone number or to other contact information that you provide, for purposes of customer service, confirmations, newsletters, marketing and product offers, and other matters. You may opt out of much of this communication by using the links at the bottom of our emails, or by replying ‘STOP’ to any promotional text messages which we may send.
Your Use of Floating Islands
You can use Floating Islands for personal, non-commercial use only, and subject to these Terms. Our website and Services are available to you as long as you are not barred from Floating Islands by applicable law and your access is not otherwise terminated by us or by you.
The use of Floating Islands is at your own risk. To the extent applicable, you are responsible for maintaining the confidentiality of your Account Information and agree to notify us immediately of any unauthorized use of your Account Information or if you otherwise believe your Account Information has been compromised. Notification regarding any unauthorized use can be sent to firstname.lastname@example.org. Notwithstanding the foregoing, you are responsible for any damages or losses suffered by Floating Islands via the use of your Account Information.
If the Terms are not enforceable where you are located, you may not use Floating Islands. We reserve all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Restrictions and Prohibited Uses
Floating Islands is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our service. Except with our written permission, you may not:
Attempt to impersonate another person or use another person’s account information without express, written authorization;
Distribute Floating Islands products or Services for your own commercial purposes;
Violate or attempt to violate any of Floating Islands’ security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks;
Redistribute, decompile, reverse engineer, publish, or copy any portion of the Floating Islands website or services;
Use Floating Islands for the purpose of creating a product with a substantially similar look, feel or design;
Access or search Floating Islands by any means other than our publicly supported interfaces (for example, “scraping”);
Interfere with others’ use and enjoyment of Floating Islands;
Use any Floating Islands trademarks, trade names, service marks, copyrights, or logos in your own mailings, spam material, contests or surveys, or to create the impression you are associated with such items;
Violate any third party’s rights, including intellectual property or privacy rights.
Written requests regarding any of the aforementioned restrictions and prohibited use may be submitted to email@example.com. Engaging in prohibited uses is grounds for immediate termination of your Float account and may also subject you to civil or criminal penalties.
Float maintains certain technical and administrative safeguards designed to improve the security, confidentiality and integrity of the website and Services. No such measures are capable of guaranteeing complete security though, and Floating Islands disclaims all implied warranties as to the security of the platform.
FLOATING ISLANDS IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOAT AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING FLOAT AND OUR SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
WE STRIVE TO MAINTAIN FLOATING ISLANDS ON A COMMERCIALLY REASONABLE BASIS BUT CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS AT ALL TIMES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FLOAT OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE HEREUNDER FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO FLOAT FOR YOUR USE OF THE SERVICES, IF ANY; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF FLOAT; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. YOU UNDERSTAND THAT FLOATING ISLANDS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
You will indemnify and hold us, our affiliates, officers and/or employees harmless, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Floating Islands, Your Content, or the violation of these Terms by you.
Agreement to Arbitrate and Waiver of Class Action Claims
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If a dispute arises, our goal is to provide you a neutral and cost-effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against us, you agree to try to resolve the dispute by contacting us via email at firstname.lastname@example.org. Before we file a claim against you, we agree to contact you at the email address associated with your Floating Islands account. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
A. GENERAL. YOU AGREE THAT YOU AND FLOATING ISLANDS WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO FLOATING ISLANDS OR YOUR USE THEREOF, INCLUDING THESE TERMS (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES. The American Arbitration Association (“AAA”) will administer the arbitration using the AAA procedures and rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. AAA is independent from us, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 150 N Michigan Ave #3050, Chicago, IL 60601 or http://adr.org.
C. LOCATION OF ARBITRATION. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules, and any in-person hearing will be held in Boston, MA, or any other location you and we mutually agree to.
D. EXCEPTIONS TO ARBITRAL CLAIMS. Either you or we may bring claims to enforce intellectual property rights, or in response to any allegations or charges of criminal activity, without first engaging in arbitration or the informal dispute resolution described in this Section.
E. CLASS ACTION WAIVER. YOU AND FLOATING ISLANDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE WITH US THAT NEITHER YOU NOR WE WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR WE WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
F. NO RIGHT TO JURY TRIAL. YOU AND FLOATING ISLANDS ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
G. 30 DAY OPT OUT RIGHT. You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth herein by sending written notice of your decision via email to email@example.com. For new users, the notice must be sent within 30 days of registering with Floating Islands, and for existing users, the notice must be sent within 30 days of the effective date of this policy. If you do not opt-out, you shall be bound to the terms in this Section. If you choose to opt-out, we will also not be bound.
Regulations in the Cannabis Industry
Marijuana currently remains a Schedule I drug and the processing, sale and possession of marijuana and products containing marijuana, as well as the manufacture, sale and possession of marijuana paraphernalia, or advertising any of the same, are illegal under the federal laws of the United States and various state laws. You are responsible for complying with the applicable laws regarding marijuana in the jurisdiction where you reside. All of our products and Services are intended for personal use only in the jurisdiction where they are sold. The Floating Islands products and Services are not intended for resale.
(a) Severability and Waiver. If any part of these Terms is held invalid or unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting the intent of these Terms as closely as possible. Either party’s failure to enforce any term or condition herein is not a waiver of its right to do so later.
(b) Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act (“FAA”), these Terms are governed by Massachusetts law without regard to conflict of law provisions. Except as provided above, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in Boston, Massachusetts, as the legal forum for any dispute between them.
(c) Updates. Floating Islands, in its sole discretion, may make changes, updates, enhancements or similar to the website or our Services at any time, with or without notice. We may add or remove certain features and functionalities, or may discontinue the Services or platform altogether.
(d) Third Party Links. Floating Islands may provide links to third party websites or services as necessary to effectuate the services. We provide these links as a convenience and these third party websites or services are not under our control. Any use of such third party websites or services is at your own risk.
(e) Notice. All notices from Floating Islands to you will be provided to the email address that you provide to Floating Islands when registering your account. All notices from you to Floating Islands should be provided to firstname.lastname@example.org. Notice will be deemed given 24 hours after such email is sent, unless the sending party is notified that the email address is invalid.
(f) Change Policy. These Terms may be updated from time to time. If we make material changes, we will provide advance notice to you either by email, by posting a notification on the Floating Islands website or by posting updated Terms at least 30 days in advance of the effective date of the updated Terms. Please note that unless otherwise provided by applicable law, your continued use of Floating Islands following the effective date means that you agree with, and consent to be bound by, the updated Terms.
(g) Miscellaneous. These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous agreements relating to the subject matter of these Terms. If there is any conflict between these Terms and any additional terms, conditions, and rules posted by Floating Islands, these Terms will govern, unless expressly superseded by such other terms, conditions, or rules. Sections of these Terms which by their nature should survive any termination will indeed so survive.
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