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Terms of Use

The Lowellfarms.com (“Website”) is operated by The Hacienda Co Llc, d/b/a as Lowell Farms (“Lowell”, “LowellFarms.com” “Company” or “We”). Your use of and access to this Website is conditional upon your acceptance of these Terms of Use including our Privacy Policy.  If you do not agree with these Terms of Use or our Privacy Policy, do not access or use the Website. OTHERWISE BY ACCESSING AND USING THIS WEBSITE, YOU ARE AGREEING TO THESE TERMS OF USE AND OUR PRIVACY POLICY. We may modify these Terms of Use at any time. All changes will be effective immediately upon posting to the Website. without notice to you, and without liability to you or any third party. Void Where Prohibited by Law.

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms of Use contain a binding arbitration provision. You agree that all disputes between you and Lowell will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

 

Privacy Policy. We collect certain data about you and from your use of the Website as described in our Privacy Policy, which is incorporated into these Terms of Use and describes our data collection, use, and sharing practices.

 

Permitted Users of this Website. This Website is intended to be used and accessed only by persons who are 21 years or older. You agree that by using this Website you represent that you are at least 21 years old and that you are legally able to enter into this Agreement. Use of the Website by persons under 21 is strictly prohibited.

Rights to Contents and Intellectual Property. The Website, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Lowell or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Lowell or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Website may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Copyright © The Hacienda Co. All rights reserved.

No Warranties. LOWELL DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the maximum extent permitted by applicable law, Lowell expressly disclaims all warranties of any kind with respect to the Website, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Lowell has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. We make no representation that the Website is appropriate or available for use in locations other than the United States. If you choose to access or use the Website from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Website is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any data from the Website, and any other damage that may be incurred.

No advice or information, oral or written, obtained by you from Lowell or in any manner from the Website creates any warranty

Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Lowell, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other Websites from, this Website. You acknowledge by your use of the Website, that your use of the Website is at your sole risk. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

Indemnification. You will indemnify, defend, and hold harmless Lowell from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (1) your access to or use of the Website, (2) your misuse of any material, data, or other data downloaded or otherwise obtained from the Website, or (3) your breach of these Terms of Use. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Third-Party Websites. The Website may link to, or be linked to, websites not maintained or controlled by Lowell. Those links are provided as a convenience and Lowell is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Website to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit. We assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Website.

Compliance with Laws. In connection with your access to and use of the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

Disputes; Governing Law. These Terms of Use are governed by the laws of the state of California, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Los Angeles County, California, with respect to any dispute arising under these Terms of Use unless otherwise determined by Lowell in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Website must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.

Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with Lowell and limit the manner in which you can seek relief from us.

Applicability of Arbitration Agreement.

Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms of Use to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the Lowell’s intellectual property or other proprietary rights, Lowell may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.

This Arbitration Agreement applies to you and Lowell, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Website provided under the Terms of Use. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County of Los Angeles, California. You hereby accept the exclusive jurisdiction of such court for this purpose.

o   Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.

o   Place. The place of arbitration shall be in Los Angeles County, California, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

o   Survival. This Arbitration Agreement provision will survive the termination of these Terms of Use.

o   Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

BY AGREEING TO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED IN THIS SECTION).

Class Action Waiver. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the Website signifies your explicit consent to this waiver.

We may assign our rights and delegate our duties under these Terms of Use at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms of Use without our prior written consent.

Third-Party Beneficiaries. These Terms of Use do not confer any rights, remedies, or benefits upon any person other than you and Lowell, except that our subsidiaries and affiliates are third-party beneficiaries of these Terms of Use.

These Terms of Use, including our Privacy Policy, are the entire agreement between you and Lowell with respect to your access to and use of the Website. Lowell’s failure to enforce any provision of these Terms of Use will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Lowell. If any provision of these Terms of Use is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms of Use are for convenience only and do not affect the interpretation of these Terms of Use. These Terms of Use inure to the benefit of Lowell’s successors and assigns.

Any provisions of these Terms of Use that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Website.

Termination. At its sole discretion, Lowell may modify or discontinue the Website, or may modify or terminate your account or your access to this Website, for any reason, with or without liability to you or any third party.

 

Electronic Communications. These Terms of Use and any other documentation, agreements, notices, or communications between you and Lowell may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

Contact Us. Please direct any questions and concerns regarding these Terms of Use to us by email at [email protected]