Terms of Services

PART 1 – TERMS OF SERVICE ACKNOWLEDGMENT

Welcome to The Fire Garden! We prioritize your privacy and are committed to protecting it. Before using or accessing our website, please take the time to review our terms and conditions of service (“Terms of Service”). By interacting with our website, operated by The Fire Garden and its affiliates (“The Fire Garden”, “Company”, “we”, “us”, “our”), you accept the binding agreement that governs your use of our website, products, and any services offered through our site or otherwise (collectively with the website, referred to as the “Services”). New features added to our website fall under these Terms of Service. We may modify or discontinue our website and services at any time without notice and will not be held liable for such changes. All rights not expressly granted in the Terms of Service are reserved.

Your engagement with our website signifies your agreement to these Terms of Service. Should you not agree with these terms in their entirety, you should not use our Services. If you are dissatisfied with the website or these Terms of Service, discontinuing use of our website is your sole recourse. Use of this website is prohibited where such use would contradict applicable law.

These Terms of Service, along with any posted policies or operating rules on our website related to our products and services, represent the complete understanding between you and The Fire Garden. We may modify parts of these Terms of Service and will post updates on our website. It is your responsibility to check for changes periodically. Your continued use of our Services implies acceptance of any changes. Interpretation ambiguities of these Terms will not be used against the drafting party and are to be interpreted as allowable under law.

No joint venture, partnership, employment, or agency relationship exists between you and The Fire Garden due to these Terms of Service or use of our Services. You agree to provide any documentation necessary to affirm your adherence to these Terms upon request. These Terms may not be assigned, transferred, or sublicensed by you without our prior consent. We may assign or delegate our rights and duties under these Terms without consent.

PART 2 – USER INFORMATION

We collect user information related to the preferences and experiences in purchasing or consuming cannabis. Refer to Privacy Policy.

Our website requires registration for certain features, necessitating personal details like age, email address, username, and password. Maintain confidentiality for your login credentials; do not share or duplicate accounts. Accurate registration information must be provided and updated as needed. You confirm that you are either (1) at least 18 years old with a Medical Marijuana Identification Card or physician’s recommendation or (2) at least 21 years old for accessing our products and website.

The Fire Garden is not responsible for losses resulting from unauthorized account usage, with or without your knowledge. You may be held accountable for losses we incur due to such unauthorized use. We reserve the right to terminate your registration or refuse service at any time without notice.

PART 3 – WEBSITE CONTENT

All content on this website, including text, logos, graphics, images, and trademarks is owned by The Fire Garden and protected by copyright and intellectual property rights. Our trademarks are proprietary and exclusive.

Website content is for personal use only and cannot be utilized for commercial purposes without express permission from The Fire Garden.

Information on the site is general in nature; reliance on it is at your own risk. We do not guarantee the accuracy, completeness, or timeliness of content and reserve the right to modify it at any time. Although we aim for fault-free service, we cannot promise uninterrupted or error-free operation. Any issues should be reported via email at [email protected].

PART 4 – THIRD-PARTY LINKS

Our website may contain links to third-party sites not affiliated with us. We do not endorse or assume responsibility for third-party content or websites. Any harm from third-party goods or services is not our liability. Direct any third-party product concerns to the respective third party.

PART 5 – USER CONTENT, COMMENTS AND FEEDBACK

Comments and feedback offered through our website become property of The Fire Garden. We are not liable for user-posted content nor do we vouch for its truthfulness.

By posting content on our site, you affirm ownership rights and authorization to share such content. The Fire Garden may disclose names in connection with user content, ensuring it does not infringe third-party rights or contain harmful computer viruses.

We reserve the right to remove content that violates our Terms of Service and do not tolerate inappropriate social media conduct relating to The Fire Garden.

PART 6 – NOTIFICATIONS, TEXT MESSAGES, AND EMAILS

By providing your phone number when creating an account, you consent to receiving text messages about operations and promotions from us. Standard messaging rates apply; opt-out by replying “STOP.”

Text messages may be automated. By opting in, you waive rights under the Telephone Consumer Protection Act (“TCPA”), except where such claims cannot be waived; these shall be arbitrated according to Part 12.

You consent to receiving emails from us about our Services and can opt out via unsubscribe instructions in the emails.

PART 7 – TYPOGRAPHICAL ERRORS AND INACCURACIES

Our website may contain typographical errors or inaccuracies regarding product descriptions, pricing, etc. We reserve the right to correct these errors and update information as needed, without obligation except as required by law.

PART 8 – CANNABIS SAFETY

The Fire Garden provides information on cannabis products within California. Acknowledge the federal status of cannabis; any questions about legality should be directed to legal counsel. Use of cannabis and related activities are at your own risk.

Educational content on our site is not medical advice. Always consult healthcare professionals before using cannabis, especially if pregnant, breastfeeding, or managing health conditions.

Under Proposition 65, be aware that cannabis and its smoke may contain chemicals known to cause cancer. Users are responsible for their consumption and related consequences.

PART 9 – PICKUP, DELIVERY, AND PAYMENTS

The Fire Garden allows ordering of products for pickup or delivery via our website. Orders are considered offers and may be cancelled at our discretion. We will notify you of any changes where possible.

Prices are subject to change without notice and do not include taxes or shipping. All taxes and charges will be detailed in your cart and receipt. We may cancel orders resulting from pricing errors and limit product quantities.

All sales are final unless otherwise stated. You agree to pay for all orders placed through our website and any collection costs incurred due to non-payment. Disputes over payments must be communicated within fifteen (15) days of such payment.

PART 10 – PROHIBITED USES

Usage of our website is restricted from unlawful activities, violations of laws, harassment, discriminatory practices, personal information tracking, spamming, obscene purposes, or security interference.

PART 11 – INDEMNIFICATION AND LIMITATIONS ON LIABILITY

You agree to indemnify The Fire Garden from claims related to your use of our Services.

All use of our Services is at your risk. The Fire Garden disclaims warranties regarding our Services and will not be liable for any damages arising from your use. Our liability is limited to the greater of the amount paid by you or $10.

PART 12 – GOVERNING LAW AND ARBITRATION

Our Services Terms of Service are governed by California law. Disputes are subject to the jurisdiction of Los Angeles courts.

In case of a dispute, you agree to attempt resolution with The Fire Garden before arbitration. All related communications are confidential. Unresolved disputes after thirty (30) days will proceed to binding arbitration in Los Angeles.

PART 13 – CLASS ACTION WAIVER

Disputes will be addressed on an individual basis only; no class or representative actions are permitted.

PART 14 – NON-WAIVER/SEVERABILITY

A waiver is effective only when in writing. Invalid provisions do not affect the remainder of these Terms of Service.

PART 15 – COMPLAINTS

For unresolved complaints with The Fire Garden, contact California’s Division of Consumer Services.

PART 16 – ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Electronic communications are consented to by using our website and email. Electronic signatures and records are valid for transactions with us.

Part 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to The Fire Garden at

[email protected]. Written notices are to be mailed to:

The Fire Garden
Attn: Legal
2661 N Ventura road
Port Hueneme, CA 93041