Last updated: October 6, 2021
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND/OR ANY SERVICE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING, WITOUT LIMITATION, VARIOUS LIMITATIONS AND EXCLUSIONS.
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.
- Age of Majority
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.
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.
FIRE & FLOWER RESERVES THE RIGHT, IN ITS SOLE DISCRETION TO CHANGE, MODIFY, ADD, AND DELETE PORTIONS OF THE TERMS AT ANY TIME WITHOUT FURTHER NOTICE. ANY SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS. YOU AGREE TO REVIEW THE TERMS PERIODICALLY AND TO BE AWARE OF SUCH MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF THE WEBSITE AND/OR ANY SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.
- 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.
- 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:
contravenes or violates any applicable laws or regulations, including, without limitation, criminal, intellectual property, privacy, competition, securities and other laws and regulations (excluding federal marijuana laws);
constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;
contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers;
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;
collects information about others, including but not limited to, users’ emails, passwords or other account information;
copies or distributes any part of the Website or Services in any medium without Fire & Flower’s prior written authorization;
reverse engineers or decompiles the software comprising or included in the Website;
attempts to gain access to unauthorized content, including content that has not yet been made available to the public;
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;
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
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.
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.
- 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.
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.
- 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.
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.
- Governing Law and Arbitration
These Terms are governed by and construed in accordance with the laws of the state of Colorado without regard to its choice of law or conflicts of law principles. You hereby submit all controversies, claims, and matters of difference between you and Fire & Flower in connection with the Website or any Service to arbitration before the Judicial Arbiter Group, Inc. (“JAG”) in Denver, Colorado according to the rules and practices of The American Arbitration Association from time to time in force before a single arbiter with JAG (the “Arbitrator”). In selecting the Arbitrator, you and Fire & Flower shall each select two (2) prospective arbitrators with JAG and JAG shall select one (1) prospective arbitrator with JAG. Such selections shall be placed on a list, and, from that list of five (5) prospective arbitrators, you and Fire & Flower, in such order, will take turns striking one (1) prospective arbitrator from the list. After you and Fire & Flower have struck the sum of two (2) prospective arbitrators from the list, the last remaining prospective arbitrator shall constitute the Arbitrator. This submission and agreement to arbitrate shall be specifically enforceable. Arbitration may proceed in the absence of any party if notice of the proceedings has been given to the respective party. All awards rendered in such proceedings shall be final and binding on all parties to the extent and in the manner provided by the Colorado Rules of Civil Procedure. All awards may be filed with the clerk of one or more courts, state or federal, having jurisdiction over the party against whom such award is rendered or his property as a basis of judgment and of the issuance of execution for its collection. Notwithstanding anything in this Agreement to the contrary, the you acknowledge and agree that Fire & Flower may seek preliminary or permanent injunctive relief, specific performance, or relief in the nature of equity to enjoin any harm or threat of harm to Fire & Flower’s tangible or intangible property in the courts in and for Denver, Colorado, including, without limitation, prior to or during the pendency of any arbitration proceedings in connection with these Terms.
- 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.
Fire & Flower assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content. Fire & Flower is not responsible for any technical malfunction or other problems of any computer systems, servers or providers or traffic congestion on the Internet, including without limitation, injury or damage to any user or to any person’s computer. UNDER NO CIRCUMSTANCES WILL Fire & Flower BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE WEBSITE, ANY CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON OR THROUGH THE WEBSITE, OR ANY INTERACTIONS BETWEEN USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.
- No Data Storage.
The Website is not a tool for storing or preserving any user Content. Fire & Flower expressly disclaims any liability for lost or deleted user Content. You shall not rely on Fire & Flower for preservation of any Website Content or user Content, and shall maintain user Content in a separate manner. All Content is posted on a shared server. You acknowledge that there is no assurance that user Content will remain confidential and there is no assurance that user Content will not be lost or deleted.
- Digital Millennium Copyright Act.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, please submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing our copyright agent (see below), with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Fire & Flower’s designated copyright agent to receive notifications of claimed infringement is [_____________] (the “Copyright Agent”). For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to [_____________] at [_____________]. You acknowledge that if you fail to comply with all of the foregoing requirements, your DMCA notice may not be valid.
In the event Fire & Flower removes Content (or to which access was disabled) and you believe that such removed Content is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Fire & Flower may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Fire & Flower’s sole discretion.
- Entire Agreement; Severability
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.
- Contact Us
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org
Spark Perks Terms & Conditions
- The Program
1.1. The Program is offered by Fire & Flower (“Fire & Flower”, “we”, “our”, “us”).
1.2. If you are a legal resident of Canada, of legal age to purchase cannabis in the jurisdiction in which you reside, and if you provide and maintain a valid email address, you are eligible to become a member of the Program. The Program is available for personal use only and is limited to one account per individual.
1.3. No purchase is necessary to participate in the Program. Participation in the Program does not entitle you to any cannabis or cannabis accessories without monetary consideration, in consideration of the purchase of any other thing or service, or any thing, including a right to participate in a game, draw, lottery or contest, as an inducement to purchase cannabis or a cannabis accessory.
1.4. The Program is void where prohibited by law.
- Enrollment and Membership
2.1. You may enroll in the Program online at fireandflower.com or in-store.
2.2. You will be sent a confirmation email once your Program enrollment is complete. Your email address is required to track in-store purchases.
2.3. You are solely responsible for maintaining the accuracy of your Program account information and for updating your Program account information.
2.4. You should only have one Program account, associated with a single email address.
2.7. If you are dissatisfied with the Program for any reason, termination of your membership in the Program is your sole remedy. We have no other obligation, liability, or responsibility to you except as expressly required by law.
2.8. If you would like to cancel your Program membership, please contact Customer Service at email@example.com.
2.9. We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole but reasonable discretion.
- Spark Fastlane
3.1. As a member of the Program, you have access to Spark Fastlane ordering, whereby you are able to place an advance order reservation online for purchase and pick-up in-store.
3.2. To use Spark Fastlane, you need to be signed into your Spark Perks Account. Once you have signed up, you may select your store pickup location, where you can browse all available product for your selected store. To select your products, click “ADD TO CART” to add the item(s) to your cart. When you have selected everything you are interested in, proceed to checkout by clicking on the cart icon in the nav bar. To create your order simply click “Reserve and Pay in-store”. You’ll be returned an order confirmation page with your order number and directions to your selected store. An Order Received email will also be sent containing the same information. To cancel a Fastlane order, please call your corresponding store and provide your order number.
3.3. You require government issued photo ID and your corresponding order number with you to pick up your order. Orders will be held until the end of the business day on which the order was created before being released back into store inventory.
3.4. We endeavour to take all efforts to ensure that your Spark Fastlane orders are fulfilled in-store in accordance with your advance reservation. However, Spark Fastlane advance orders are reservations only, and do not create any binding legal obligation prior to completion of the transaction in-store.
3.5. If you encounter issues related to your Fastlane order, please contact firstname.lastname@example.org
4.1. We reserve the right to change the Program. The Program is offered at our sole discretion. Except where prohibited by law, we may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice. Changes to the Program will be set forth in these Terms and will be effective on the date the Terms are posted to our website. If we make material changes to the Program, we will notify you directly, for example by sending a message to your Program account, by email or other means.
4.2. Continued participation in the Program following posting of updated or modified Terms constitutes your acceptance of those Terms as so updated and modified.
- Privacy and Communications
5.2. By participating in the Program, including by signing up for membership, you consent to receiving Program related emails that may be tailored to your perceived or identified interests, including:
Program marketing emails;
Fire & Flower product marketing emails;
Information regarding Fire & Flower’s stores, including when new stores are opened; and
Information regarding Fire & Flower’s promotional and marketing events.
We also may give you the option to opt-in to receive other marketing communications from us at the time of enrolment in the Program.
5.4. If you do not want to receive any communications from Fire & Flower, please request a termination of your membership by contacting Customer Service at email@example.com and stop participating in the Program.
- Disclaimer of Warranties; Limitation of Liability
6.1. Neither Fire & Flower nor our shareholders, subsidiaries, affiliates, partners, or licensors make any representations, warranties or conditions of any kind whatsoever, express or implied, in connection with these Terms or the Program.
6.2. You agree that, to the fullest extent permitted by applicable law, neither Fire & Flower nor our shareholders, subsidiaries, affiliates, partners, or licensors will be responsible (whether in contract, tort (excluding negligence) pre-contract or otherwise) for any (a) interruption of business; (b) access delays or access interruptions to the Program; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on our website or use of the Program; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of our website , including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in Program content; or (g) events beyond our reasonable control. We make no representations, warranties or conditions that defects or errors will be corrected. Nothing in this provision shall exclude or limit our liability for death or person injury resulting from our negligence or that of our servants, agents or employees.
6.3. Further, to the fullest extent permitted by applicable law, neither Fire & Flower nor our shareholders, subsidiaries, affiliates, partners, or licensors will be liable for, and you agree to indemnify and hold us, our shareholders, subsidiaries, affiliates, partners, or licensors harmless from and against any and all claims, demands, losses, damages and costs, arising from any economic losses (such as loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation or any special or indirect losses of any kind related to the Program and/or your participation therein, regardless of the form of action whether in contract, tort (including negligence) pre-contract or otherwise (other than fraudulent or negligent misrepresentations), even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).
- Governing Law and Arbitration
This Program and these Terms will be governed by and construed under the laws of the state of Colorado without regard for any conflict of laws principles. You hereby submit all controversies, claims, and matters of difference between you and Fire & Flower in connection with the Program or these Terms to arbitration before the Judicial Arbiter Group, Inc. (“JAG”) in Denver, Colorado according to the rules and practices of The American Arbitration Association from time to time in force before a single arbiter with JAG (the “Arbitrator”). In selecting the Arbitrator, you and Fire & Flower shall each select two (2) prospective arbitrators with JAG and JAG shall select one (1) prospective arbitrator with JAG. Such selections shall be placed on a list, and, from that list of five (5) prospective arbitrators, you and Fire & Flower, in such order, will take turns striking one (1) prospective arbitrator from the list. After you and Fire & Flower have struck the sum of two (2) prospective arbitrators from the list, the last remaining prospective arbitrator shall constitute the Arbitrator. This submission and agreement to arbitrate shall be specifically enforceable. Arbitration may proceed in the absence of any party if notice of the proceedings has been given to the respective party. All awards rendered in such proceedings shall be final and binding on all parties to the extent and in the manner provided by the Colorado Rules of Civil Procedure. All awards may be filed with the clerk of one or more courts, state or federal, having jurisdiction over the party against whom such award is rendered or his property as a basis of judgment and of the issuance of execution for its collection. Notwithstanding anything in this Agreement to the contrary, the you acknowledge and agree that Fire & Flower may seek preliminary or permanent injunctive relief, specific performance, or relief in the nature of equity to enjoin any harm or threat of harm to Fire & Flower’s tangible or intangible property in the courts in and for Denver, Colorado, including, without limitation, prior to or during the pendency of any arbitration proceedings in connection with these Terms.
- Entire Agreement; Waiver and Survival
These Terms govern our relationship with you as it relates to the Program. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any preceding or succeeding breach of any provision in these Terms.