Terms of Use
These Terms of Use were last updated on 6/16/2025
Thank you for using the Flura web site, located at www.flura.com, including our services provided through the site (collectively, the “Service”). The services, features and products found and/or marketed on the Service are provided by Flura, Inc. (“Flura,” “we,” “our” or “us”). Flura produces, markets and sells high quality hemp-based cannabinoid (“CBD”) products (“Products”). These Terms of Use (as amended from time to time, the “Terms of Use” or “Agreement”) sets forth the legal terms that are binding on all users, including you (i.e., “you,” or “User” as set forth herein), for your use of the Service.
The Service and these Terms of Use are applicable only to Users in the United States.
If you are a resident located outside of the United States, do not use the Service.
THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE (MEANINING THAT DISPUTES WILL BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN A COURT) AND A CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS IN ANY DISPUTE WITH FLURA. BY INDICATING THAT YOU ACCEPT THESE TERMS OF USE OR BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY AND ACCEPT THESE TERMS OF USE. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND FLURA GOVERNING THE USE OF THIS SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE HEREIN, YOU ARE NOT AUTHORIZED TO USE THE SERVICE AND MUST CEASE USING THE SERVICE AND DELETE THE SERVICE FROM YOUR MOBILE DEVICE. IN SOME CASES, WHERE FLURA MAY PRESENT CONTENT OR INFORMATION REGARDING A THIRD PARTY, PARTNER OR ASSOCIATED BODY, ADDITIONAL DISCLOSURES AND DISCLAIMERS MAY BE PRESENT. PLEASE READ THEM CAREFULLY AND ENSURE THAT YOU FULLY UNDERSTAND THEM BEFORE TAKING ACTION VIA THE SERVICE.
Use of the Service: The Service is provided to users at Flura’s discretion and may be altered, revoked, removed or cancelled at a point of Flura’ choosing. The Service is for personal use only. Your use of the Service must comply with these Terms of Use, applicable laws and must be conducted only through legal means and for legal purposes. Misconduct, misuse or any type of behavior that may compromise Flura or
violate these Terms of Use may result in Flura taking action against you. These actions may include but are not limited to: blocking your access to the Service, and/or legal action. All users engage in use of the Service, features and Products at their own risk. How users choose to use information and resources found on the Service and what decisions or actions that may come of that use of information is solely the responsibility or fault of the user, including you. Flura is not responsible for events, consequences or actions that users encounter as a result of actions taken with the influence of the Service, including its features or Products offered for sale thereon.
You may only access or use the Service (including registering for the Service) if (1) you are 21 years of age or older. If you are under the age of 21, you are not authorized to use the Service and must cease all use of the Service. The Service is for your personal, non-commercial use. You may not use the Service if we have terminated your account or banned you.
Agreement to Privacy Policy: In addition to agreeing to these Terms of Use, you agree to our privacy policy [INSERT AS LINK] (“Privacy Policy”), incorporated into these Terms by reference, as they may be modified, updated or amended from time to time, whenever you:
-Use any portion of the Service.
-Publish, contribute, access or view any Content (defined below) on or through the Service.
- Otherwise agree to the Terms of Use as provided herein.
Product Purchases, Notices and Disclaimers: All products sold through the Service are intended for legal use. Your purchase and use of products consisting of, or containing CDB may be subject to state and/or federal regulation. You are fully for responsible for knowing and complying with your local, state, and federal laws before purchasing any products through the Service. Using the Service and purchasing any products from use is at your sole risk. Before you purchase any products and/or using the Service, you agree to confirm legality of, and comply with any legal obligations with respect to, the products in the state where you request to receive a shipment. By purchasing any product through the Service, you agree to indemnify, defend and hold harmless Flura and its affiliates and their respective owners, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, losses, damages, expenses, or other liabilities including reasonable attorneys’ fees arising from or relating to of any acts or omissions you commit, including but not limited to, violation of any applicable law, regulation, or order. Flura reserves the right to refuse to sell, or cancel any order of, any products to you or any other person, or in any market or geographic area for any reason. All purchases products shall be for your personal use only. You may not reverse engineer, resell, distribute, market, or use Flura’s products for any commercial purpose.
FDA Disclosure: Any statements made regarding the products offered through our service have not been evaluated by the Food and Drug Administration (FDA). Neither the FDA or any regulatory agency endorses or approves any products available on our Service or product ingredients. The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose,
treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. Registration Information and Passwords for the Service:
1. Registration Information. In order to purchase Products you will need to register for the Service.To register for the Services, you must provide your name, a valid e-mail address and other contact information as Flura may determine, and you must set up a personal password known only to you. You represent and warrant that all registration information provided is true, correct and complete and you undertake to keep the information updated for the duration of this Agreement. We reserve the right to request supporting evidence from you to verify your identity and information. When you register for the
Service, you may also be asked to provide other information about yourself to help us better provide Products to you or enhance your use and enjoyment of the Service. You further agree to receive any notices from Flura to you regarding your use of the Service pursuant to these Terms of Use at the email or other addresses set forth in your contact information. You are obliged to notify Flura of any updates or changes to any contact or other registration information that you provide in connection with your use of the Service.
2. Email Address. You must ensure that the email address you provide is accessible from the timethat you provide the email address and that the email account is not unable to receive emails due to forwarding of emails, closure of the email account, or a full inbox.
3. User Account. With the data provided upon registration, you will receive access to your own user account via the Service, as applicable, in which you can amend the data that you have provided. At its own discretion, Flura may delete any user account with incomplete or incorrect information or for other breach of these Terms of Use. You may erase or delete your own user account at any time for any reason. To delete your account, you must log in to the Service and follow the appropriate directions to delete or ask Flura to delete your account. After you have deleted your account, Flura shall have the right to delete any and all content and other data generated by you. By deleting your account, you also lose access to any content or features of the Service.
4. Usernames and Passwords. You are obliged to maintain the confidentiality of any usernames orpasswords that you adopt and/or are provided by Flura in connection with your use of the Service. If you become aware of any unauthorized use of your username and password by any third party, you agree to notify Flura immediately at the Contact Information set forth in these Terms of Use. For your protection,
if Flura believes that any unauthorized access may occur or has occurred, Flura may terminate access without prior notice to you. You also agree that Flura is permitted to act upon any instructions received using your username and password and to consider such instructions as authorized by you. Flura will not be responsible or liable for any loss or injury incurred by you for unauthorized use of your username and
password, although you may be responsible or liable for any losses or injury caused by such unauthorized
use.
Content and Intellectual Property Ownership: The information published on or through the Service (including without limitation Customer Materials (each defined below)), may include data, text, software, scripts, images, graphics, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials (the “Content”), that has been provided by users such as yourself, Flura, our third party licensors or suppliers (such third party licensors or suppliers hereinafter “Third Party Licensors”), or other private or public organizations and entities that have been granted rights to access and publish Content on the Service (“Third Party Vendors”). The Content provided by Flura, Third Party Licensors or Third Party Vendors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions.
The “look and feel” of the Service (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors or Third Party Vendors) are also Flura’s trademarks and/or copyrights, as the case may be.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED
OR OTHERWISE COMMUNICATED THROUGH THE SERVICE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. FLURA AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Terms of Use, without the prior written consent of Flura or the legal owner of such Content.
Any unauthorized use of Content accessed through the Service may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Service is strictly forbidden. In cases where you feel like a copyright or other intellectual property right may have been infringed upon we ask that you contact us as instructed in this Service.
Except as otherwise permitted under these Terms of Use, Flura grants to you the limited, non-transferable right to view, access and use the Service, subject to these Terms of Use. All rights not expressly granted under these Terms of Use are reserved by Flura.
Accuracy of Content: The Content displayed, distributed or otherwise accessible through the Service may include information (which may include, without limitation, factual information, \ personal narratives, advice, opinions, prices offered for Products or services, items, item descriptions, and certain third-party terms of use) from us or various third-party sources, including Third Party Licensors, Third Party Vendors, and registered users of the Service. FLURA HAS NOT INDEPENDENTLY VERIFIED THAT
ANY CONTENT IS COMPLETE, CURRENT, ACCURATE, SAFE, INOFFENSIVE, NON-OBJECTIONABLE, OR OTHERWISE APPROPRIATE FOR ANY USER OF THE SERVICE AND EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE RELIABILITY OF SUCH
INFORMATION.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RELIANCE ON THE CONTENT IS SOLELY AT YOUR OWN RISK.
In cases where you believe information found on the Service may be inaccurate or needs to be updated we ask that you contact us at Syarosz@flura.com. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Service, please contact Flura at Syarosz@flura.com.
Copyright Infringement:
If you have a good faith belief that the Service contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- An identification of the copyrighted work and the location on the Service of the allegedly
infringing work;
-A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- Your name and contact information, including, without limitation, telephone number and email address; and
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The contact information for Flura’s DMCA Agent for notice of claims of copyright infringement is: Flura, Inc Attn: Copyright Agent email: Syarosz@flura.com. This contact information is only for reporting copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Use.
Customer Materials: You are solely responsible for any and all Content you submit, whether transmited, distributed, uploaded, posted, processed or otherwise provided or made available to or through the Service, including any documents or other written or graphic materials (including without limitation training or educational materials), email addresses provided to or through the Service, or any comments or other information communicated to the Service (collectively, “Customer Materials”). Flura does not endorse or accept any Customer Materials as its own or representative of its views. By submitting any Customer Materials to the Service, you grant Flura a perpetual, irrevocable worldwide, non-exclusive, royalty-free, sublicensable and transferable license to publish and display such Customer Materials through the Service and to reproduce, distribute, transmit, use, archive, and prepare derivative works of such Customer Materials in connection with the Service and Flura’s business, including, without limitation, to transmit and distribute such Customer Materials to third-party web sites, and to use such Customer Materials for promotional and marketing purposes. You further grant to each user of the Service, including any registered member or other member of the public, a nonexclusive, royalty-free license to access and view your Customer Materials through the Service, and to use, reproduce, distribute, display, broadcast and perform the Content in such Customer Materials as permitted in connection with the Service, including as subject to these Terms of Use.
You represent and warrant that your Customer Materials contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to submit, post, upload, process, republish, display,distribute, or transmit your Customer Materials through the Service.
Restrictions on Customer Materials: Flura does not endorse or accept any Customer Materials as its own or representative of its views. Further, you are prohibited from using the Service, or permitting others to use the Service, to knowingly – or unknowingly -- create the following categories (in whole or in part) of Customer Materials:
- Hate: content that expresses, incites, or promotes hate based on identity.
- Harassment: content that intends to harass, threaten, or bully an individual.
- Violence: content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
- Self-harm: content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
- Sexual: content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness).
- Political: content attempting to influence the political process or to be used for campaigning purposes.
- Spam: unsolicited bulk content.
- Deception: content that is false or misleading, such as attempting to defraud individuals or spread disinformation.
- Malware: content that attempts to generate ransomware, keyloggers, viruses, or other software intended to impose some level of harm.
- Illegal Activities: Content that promotes any activity that is illegal under the laws of any state in the United States or under U.S. federal law, that may invade another’s right of privacy or publicity or other personal rights, or that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Flura or any third party.
Flura cannot review all Customer Materials submitted to the Service and Flura is not responsible for screening or otherwise monitoring Customer Materials, whether in advance of, or after, submission to the Service. If a user notifies Flura that any Customer Materials do not conform to these Terms of Use, Flura may, but is not obligated to, investigate the allegation and determine in its sole discretion whether to prohibit your Customer Materials, or remove or request the removal of the Customer Materials. Flura reserves the right, but has no obligation, liability or responsibility, to monitor the Service and edit, modify or delete any materials which Flura in its sole discretion determines to violate these Terms of Use or to be in any other way offensive, inappropriate or contrary to any Flura policy, applicable law or other regulation. You acknowledge that you have no expectation of privacy in any Customer Materials, and no confidential, fiduciary, contractually implied or other relationship is created between you and Flura by
reason of your submission of any Customer Materials to the Service.
Lawful Use: The Service may be used only for lawful purposes. As one of the conditions of your use of
the Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Service for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Service complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein. In connection with your use of the Service, you agree that you will not, nor will you assist or allow others to, directly or indirectly:
- Delete any attributions, legal notices or proprietary designations or labels on Content that you upload to the Service.
- Provide any false or intentionally inaccurate or misleading information when registering for or using the Service, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
- Submit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, such as opinions or notices, commercial or otherwise, unless you are a Third Party Vendor and such materials are submitted in compliance with the other provisions of these Terms of Use.
- Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content that is accessible or available through use of the Service, except as expressly permitted under these Terms of Use.
- Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Service for any unlawful purpose.
-Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Service or use the Service in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Service, or in a manner that adversely affects the Service and/or the availability of its resources to other users including without limitation submitting Customer Materials that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Service, or otherwise used in connection with the operation of the Service (including, without limitation, the Service).
- Attempt to probe, scan or test the vulnerability of a system or network related to the Service, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Service (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
- Collect or attempt to collect any information of other users of the Service, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Service, Service account information, and personally identifiable information.
Violations of Service or network security may result in civil or criminal liability. Flura reserves the right to investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Feedback Regarding the Service: You may provide suggestions, comments or other feedback on the operation of the Service, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Service Feedback”). Such Service Feedback is voluntary and Flura has the perpetual right to use any or all of such Service Feedback for any purpose without any obligation to you of any kind, although Flura will not publicly disclose the source of such feedback.
Disclaimer of Warranty: YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE ARE AT YOUR SOLE RISK.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, FLURA PROVIDES THE SERVICE, ANY CONTENT PUBLISHED THEREIN, AND ALL PRODUCTS SOLD OR OFFERED FOR SALE THEREON ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLURA, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS,
REGARDING THE SERVICE, ITS CONTENT, OR ANY OTHER THIRD PARTY CONTENT LINKED TO OR PROVIDED BY THE SERVICE. NOTHING IN THESE TERMS OF USE WILL
IMPLY THAT ANY CUSTOMER MATERIALS OR OTHER CONTENT PROVIDED TO OR
THROUGH THE SERVICE OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED
THROUGH THE SERVICE) WILL BE ACCURATE OR SECURE, THE OPERATION OF THE
SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE
CORRECTED AT A CERTAIN TIME.
FLURA DISCLAIMS ANY WARRANTY OR OBLIGATION THAT IT WILL MONITOR, VERIFY,
EDIT, REMOVE OR CONTINUE TO DISPLAY ANY CONTENT AND/OR CUSTOMER
MATERIALS AND ALL LIABILITY FOR MONITORING, VERIFYING, EDITING, REMOVING OR
CONTINUING TO DISPLAY ANY CONTENT.
YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SERVICE AND PRODUCTS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF
IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS OF
USE.
Third Party Sites. Flura may provide through the Service links or references to Internet sites maintained by third parties, or such third-party sites may have links to the Flura Service. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by Flura. Flura does not operate or control, and has no right or ability to modify or edit, in any respect any information, Products or services provided on these third-party sites. Flura assumes no responsibility for,
and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
Limitation on Liability: IN NO EVENT SHALL FLURA, ITS SUBSIDIARIES AND AFFILIATES,
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, SUPPLIERS,
AGENTS, CO-BRANDERS OR OTHER PARTNERS (THE “FLURA PARTIES”) HAVE ANY
LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE OF THE SERVICE OR
USE OR CONSUMPTION (OR ATTEMPTED USE OR CONSUMPTION) OF THE PRODUCTS. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE FLURA
PARTIES SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS
OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR
INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE SERVICE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE SERVICE OR YOUR ACCESS TO THE
SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE SERVICE OR ANY THIRD PARTY WEB SITE, MOBILE SERVICE OR OTHER SERVICE LINKED THROUGH THE SERVICE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF THE RELEVANT FLURA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY
FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN
CONNECTION WITH YOUR VISITING AND USE OF THIS SERVICE AND USE OR
CONSUMPTION OF PRODUCTS AND YOU ACKNOWLEDGE THAT FLURA SHALL NOT BE
LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SERVICE, OR
CUSTOMER MATERIALS SUBMITTED TO THE SERVICE OR WITH RESPECT TO ANY
PRODUCTS, FOR ANY REASON WHATSOEVER.
IF YOU ARE DISSATISFIED WITH THE SERVICE, CONTENT, AND/OR PRODUCTS PROVIDED
THROUGH THE SERVICE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO STOP USING THE SERVICE, CONTENT, AND PRODUCTS.
Flura makes no representation that the Service is available in locations other than within the U.S. Any access to the Service by you from jurisdictions other than the United States may be subject to compliance with local law or other terms of use, for which you are solely responsible.
Modifications and Changes of the Service and Products of Flura: Flura reserves the right, without liability to you or any third-party, to modify, expand, remove, discontinue or change in any way the features, pricing, services, Content or other functionality of the Service, or Products offered or sold thereon, in its sole discretion and without prior notice to you or other users. However, Flura may, in its sole discretion, notify you of such changes, although it is not required to do so. If any change is not acceptable to you, you must discontinue your use of the Service immediately. These Terms of Use and the Privacy Policy shall apply to any such changes, modifications or updates of the Service.
Indemnification: You agree to defend, indemnify and hold harmless Flura, its subsidiaries, affiliates, officers, directors, owners, employees, licensors, agents, co-branders and other partners from and against any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: (a) your breach of these Terms of Use, including, without limitation, any representations or warranties made by you herein; (b) any action taken or permitted by you which disrupts, degrades or damages the Service, Content or related data thereon; (c) your infringement or other violation of any intellectual property right of Flura or any other person or entity; (d) any negligent,
wrongful conduct, or intentional torts, by you; (e) any materials (including all Customer Materials and other Content) provided by you that is published on or through the Service or any third party web site pursuant to the rights granted to Flura hereunder; (f) your use of the Service or Products; (g) your violation of the rights of any third party; or (h) your actual or alleged violation of any federal, state, local or foreign law, or regulations.
You agree that you will cooperate as fully and reasonably as required by Flura in the defense of any claim arising out of your use of the Service. Notwithstanding the foregoing, Flura reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Flura arising out of or related to your use of the Service, and in no event shall
you settle any such claim without Flura’s prior written approval.
Termination: These Terms of Use are effective until terminated by Flura, which Flura may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the Service or use the Service. The applicable restrictions imposed on you with respect to material downloaded from the Service, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive such termination.
Governing Law; Arbitration and Venue:
1. Governing Law. This Agreement (including the arbitration agreement in this section where applicable) and all matters relating to this Agreement shall be governed by and construed in accordance with the laws in the State of Illinois without reference to conflict of laws principles;
2. Arbitration. Any dispute, controversy or claim arising under, out of or relating to this
Agreement shall be finally determined by arbitration conducted by the Judicial Arbitration and Mediation Service (“JAMS”) (or, if unavailable, then such other similar group that can provide former judges as arbiters) in accordance with JAMS’ rules of arbitration, by a single arbiter who is skilled and experienced with mobile application, cloud or internet services. The place of such arbitration shall be in Cook County, Illinois. The judgment of the arbitrator shall be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and may be entered in any court of competent jurisdiction.
3. Exception for Provisional Equitable Relief. Notwithstanding any provision in this Agreement, either party may request any judicial, administrative, or other authority in any other jurisdiction to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional
remedies.
4. Waiver of Class Action Claims. By agree to arbitrate your claims against Flura, (a) YOU
GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR
JURY; AND (B) YOU GIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR OTHER
CLASS PROCEEDING.
5. Conflicts of Laws. This Agreement shall not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.
Waiver of Jury Trial: You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Service.
Contact Information: Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact Flura at the following address: Flura, Inc., ATTN:, email:
Syarosz@flura.com. Miscellaneous: These Terms of Use control the relationship between the user and Flura and do not create any third-party beneficiary rights. Except as otherwise expressly provided herein, these Terms of Use, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the Service, shall constitute the entire agreement between Flura and you regarding your use of the Service. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity andenforceability of any remaining provisions. Any failure by Flura to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of Flura’ rights or remedies, which shall remain available to Flura. The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of Flura, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.