KrystaLeaves — Terms of Service

These Terms of Service ("Terms of Service" or "ToS") govern your use of the cannabis product ordering services that d/b/a KrystaLeaves ("KrystaLeaves," "we," or "us") makes available to an individual consumer ("you") through our website located at www.krystaleaves.com (the "Website"), our online ordering menu and related e-commerce features (the "Platform"), any mobile application or delivery service we may offer, and our licensed retail locations, as modified from time to time (collectively, the "Service"). The Website, the Platform, and the Service are referred to collectively and individually as the "Solution." As used in these ToS, the word "including" means "including without limitation."

THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS IN RESOLVING DISPUTES.

By accessing or using the Solution, you expressly accept all of the provisions of these ToS and represent to us that you are of an age legally permitted to order cannabis products in the state in which you are located, and that you are legally competent to enter into and agree to these ToS. If you do not accept these ToS, you may not use the Solution.

1. About KrystaLeaves; Acknowledgements

A. Who We Are. KrystaLeaves is a cannabis retailer licensed in the State of Colorado. Through the Solution, you may browse our menu, place orders for pickup, and — where we offer and are permitted to provide it — request delivery. We are not a medical provider, and we do not provide medical advice through the Solution or otherwise. Nothing on the Solution is intended as a diagnosis, treatment recommendation, or substitute for advice from a licensed healthcare professional.

B. State Law. You may only place orders, make reservations, or request delivery through the Solution in compliance with the laws and regulations of the state in which you access the Solution and all applicable federal laws, excepting only federal laws and regulations related to marijuana ("Applicable Laws"). Payment for products is made in person at our retail location or at an authorized delivery location upon presentation of your valid, government-issued identification and, where applicable, your medical marijuana registration card or physician recommendation, or such combination of documents as may be required by Applicable Laws. You agree and acknowledge that features of the Solution may vary by location and may change; for example, delivery may not be available in all areas.

C. Federal Law. We make no representation regarding the legality of the cultivation, manufacture, distribution, or possession of marijuana under United States federal law. You are responsible for any civil, criminal, or administrative investigations, proceedings, or penalties that may result from your use of the Solution. We expressly disclaim any such liability or responsibility.

D. Product Descriptions, Availability, and Pricing. We attempt to be as accurate as reasonably possible in product descriptions, images, potency information, and pricing on the Solution. However, we do not warrant that product descriptions, images, or other content on the Solution are accurate, complete, reliable, current, or error-free. Amounts shown in product descriptions — including levels of THC, CBD, other cannabinoids, and terpenes, as well as total weight, mass, volume, size, or item count — are averages or estimates and may vary for individual items, packages, or orders.

Menu availability reflects our inventory at a point in time and may change without notice. Placing an order through the Solution creates a reservation request, not a completed sale. A sale is final only when completed in person at our retail location or at an authorized delivery location, subject to age and identity verification, product availability, purchase limits set by Applicable Laws, and applicable taxes and fees. If an item is unavailable or a price is displayed in error, we may cancel or adjust the affected portion of your order and will notify you.

E. Returns and Exchanges. Cannabis products are subject to strict state regulation, and returns and exchanges are limited by Applicable Laws. If you believe there is a problem with a product you purchased, contact us as soon as possible at feedback@krystaleaves.com and we will work with you within the limits of what state law allows.

2. Your Account

A. Creating an Account. To create an account ("Account") and become a registered user of the Solution, you must have a valid government-issued ID and be of an age legally permitted to order cannabis products in the state in which you are located. You do not need an Account to browse the Website, but you will not be able to place orders, make reservations, or request delivery until you create one. You are responsible for providing and maintaining accurate contact information, including your name, email address, address, and phone number. If you intend to purchase medical cannabis, you must also provide your medical marijuana card or physician recommendation. You represent that any information you provide is true and accurate.

B. Geolocation. In order to comply with state laws regarding the distribution, possession, and use of marijuana, we may need to obtain your approximate geographic location, whether via IP address lookup or otherwise. If you disable location services on your device or otherwise elect not to provide location information, you may be unable to access certain features, place orders, make reservations, or request delivery. Certain features may also be unavailable depending on your location.

C. Account Activities. You are the sole authorized user of your Account and are responsible for maintaining the accuracy and confidentiality of your login information. You are solely and fully responsible for all activity that occurs under your Account. We have no control over the use of your Account or any other user's Account and expressly disclaim liability arising from misuse of any Account. If you suspect that an unauthorized party is using your Account, or suspect any other breach of security, you must stop using the Account and contact us immediately at feedback@krystaleaves.com.

D. Privacy Policy. Our practices regarding privacy and communications are described in our Privacy Policy, which explains what information we collect, how we use and share it, and how we communicate with customers. Our Privacy Policy is available at www.krystaleaves.com/[PRIVACY POLICY URL].

E. Messaging. By providing your mobile phone number and/or email address, you expressly consent to receive informational and transactional messages from us at the number or address provided. Consent is not required as a condition of your use of the Solution or of purchase. Standard call, message, and data rates may apply. You may opt out of marketing messages at any time.

3. License and Restrictions; Ownership

A. License Grant. Subject to your compliance with these ToS, we grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Solution for your personal use only, subject to the limitations in these ToS, including those in Section 3.C. We reserve all rights not expressly granted. The rights granted to you are a limited license and do not constitute the sale of any software program.

B. Fees. We do not currently charge any fee for use of the Solution itself, although we reserve the right to do so in the future if permitted by Applicable Laws and will provide notice before doing so. Product prices, taxes, and any delivery or service fees are disclosed at the time of ordering or at the point of sale.

C. Use Restrictions.

You agree that: (i) you will not use the Solution if you are not fully able and legally competent to agree to these ToS or are not of the required legal age; (ii) you will use the Solution only in full compliance with Applicable Laws; (iii) you will not use the Solution to send or store any material prohibited by Applicable Law, for fraudulent purposes, or to engage in offensive, indecent, or objectionable conduct; (iv) you will not use the Solution to transmit commercial advertisements, including "spam"; (v) you will not use the Solution to cause nuisance, annoyance, or inconvenience; (vi) you will keep your account credentials secure and confidential; and (vii) you will provide whatever proof of identity and verification documents we may reasonably request.

Further, except as specifically permitted, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share, or otherwise exploit the Solution in any unauthorized manner; (ii) copy, reproduce, adapt, create derivative works of, translate, localize, port, or otherwise modify the Solution or any part of it; (iii) harvest or scrape any content or data from the Solution; (iv) remove or alter any copyright or other proprietary rights notice contained in the Solution; (v) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code of any part of the Solution (except to the extent such a restriction is prohibited by applicable law); (vi) circumvent any functionality that controls access to or protects the Solution, including age verification; or (vii) permit any third party to do any of the foregoing. Any attempt to do any of the foregoing violates our rights and the rights of our licensors, and you may be subject to damages.

D. Ownership. The Solution and its content, including its "look and feel" (for example, text, graphics, images, and logos), proprietary content, information, and other materials accessed through the Solution — including all right, title, and interest in the same, and all patent, copyright, trade secret, trademark, know-how, and other intellectual property rights — are owned by KrystaLeaves and its licensors, including our third-party technology providers, and are protected under intellectual property, copyright, trademark, and other laws. You agree not to take any action inconsistent with those ownership interests.

E. Feedback. Any suggestions for correction, change, or modification to the Solution and other feedback, information, or reports you provide to us (collectively, "Feedback"), and any improvements, updates, modifications, or enhancements relating to the Solution (collectively, "Revisions"), are and will remain our property. You acknowledge that providing Feedback or Revisions does not grant you any right, title, or interest in the Solution or in the Feedback or Revisions, and you assign to us any right, title, and interest you may have in them. We may use and disclose Feedback and Revisions in any manner and for any purpose without further notice or compensation to you.

F. Your Content. The Solution may allow you to rate a transaction or submit written reviews, photos, or other content ("Your Content"). As a condition of your use of the Solution, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify, adapt, and create derivative works from Your Content. By submitting Your Content, you represent and warrant that: (i) you own or otherwise control all rights to Your Content, including all copyrights; (ii) Your Content is accurate; and (iii) use of Your Content does not violate these ToS or our Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for content submitted by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE, IN OUR SOLE DISCRETION, VIOLATES ANY LAW, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE.

4. Warranty Disclaimer

THE SOLUTION IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND KRYSTALEAVES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. KRYSTALEAVES DOES NOT WARRANT THAT: (I) THE SOLUTION WILL MEET YOUR REQUIREMENTS; (II) OPERATION OF THE SOLUTION WILL BE UNINTERRUPTED OR FREE OF VIRUSES OR ERRORS; (III) THE SOLUTION WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION, SYSTEM, OR DEVICE; OR (IV) DEFECTS IN THE SOLUTION CAN OR WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF PRODUCTS ORDERED VIA THE SOLUTION REMAINS SOLELY WITH YOU. NOTHING IN THIS SECTION LIMITS ANY WARRANTY OR CONSUMER RIGHT THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KRYSTALEAVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE, OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TOS OR THE USE OF OR INABILITY TO USE THE SOLUTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KRYSTALEAVES' TOTAL AGGREGATE LIABILITY UNDER THESE TOS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AMOUNTS, IF ANY, YOU PAID TO KRYSTALEAVES IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100) UNITED STATES DOLLARS.

6. Indemnity

By agreeing to these ToS and using the Solution, you agree, TO THE MAXIMUM EXTENT PERMITTED BY LAW, that you shall defend, indemnify, and hold harmless KrystaLeaves, its licensors, and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation of any Applicable Laws; (ii) your violation of the rights of any third party; or (iii) your negligence or willful misconduct.

7. Arbitration and Class Action Waiver

If you are using the Solution in the United States, the following arbitration clause applies:

1. Binding Arbitration. Any dispute or claim arising in any way from your use of the Solution, except for disputes relating to the infringement of our intellectual property rights, will be resolved by binding arbitration rather than in court. You may, however, assert claims in small claims court if your claims qualify.
2. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these ToS as a court would.
3. Arbitrator and Rules. The arbitration will be conducted before a single neutral arbitrator whose decision will be final and binding. The proceedings shall be governed by the AAA Commercial Arbitration Rules, the Consumer Due Process Protocol, and the Supplementary Procedures for Resolution of Consumer Related Disputes, available on the American Arbitration Association website.
4. Starting an Arbitration. To begin an arbitration proceeding, you must send us a written notice of dispute setting forth your name, address, contact information, the facts of the dispute, and the relief requested. Send your notice to feedback@krystaleaves.com or to the mailing address listed in Section 9. We will send any notice of dispute to you at the contact information we have on file.
5. Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
6. Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA's Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, KrystaLeaves will pay all other AAA and arbitrator fees and expenses.
7. Individual Basis. To the fullest extent permitted by applicable law, you and KrystaLeaves each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and KrystaLeaves each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
8. Limitation Period. In no event shall any claim, action, or proceeding by you or KrystaLeaves be instituted more than one (1) year after the cause of action arose.
9. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
10. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and KrystaLeaves each agree to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado, and each agree to submit to the personal jurisdiction of those courts for the purpose of litigating any applicable dispute or claim.
11. Opting Out. If you do not want to arbitrate disputes with KrystaLeaves and you are an individual, you may opt out of this arbitration agreement by sending an email to feedback@krystaleaves.com within thirty (30) days of the date you first access or use the Solution.

8. General Provisions

1. Termination. If you breach any of these ToS, all licenses granted by us, including permission to use the Solution, will terminate automatically. We may also suspend, disable, or delete your Account or your access to the Solution, with or without notice, for any or no reason (including, for example, if you repeatedly fail to pick up orders you place through the Solution). If we delete your Account for a suspected breach of these ToS, you are prohibited from re-registering under a different name. All sections that by their nature should survive termination will continue in full force and effect. Termination will not limit any of our other rights or remedies at law or in equity.
2. Injunctive Relief. You agree that a breach of these ToS may cause irreparable injury to KrystaLeaves for which monetary damages might not be an adequate remedy, and that KrystaLeaves shall be entitled to seek equitable relief in addition to any other remedies available to it, without bond, other security, or proof of damages.
3. Notices. We may give notice to you by means of a general notice on the Solution, electronic mail, or written communication sent by first class or pre-paid mail. Such notice is deemed given upon the expiration of 48 hours after mailing or posting, or 12 hours after sending by email. You may give notice to us at any time by sending an email to feedback@krystaleaves.com (deemed given when received by us). Please specify the reason for the email in the subject line so it can be routed to the proper department.
4. Miscellaneous. These ToS constitute the entire agreement between you and KrystaLeaves with respect to their subject matter, and all prior or contemporaneous understandings or agreements, whether written or oral, are superseded in their entirety. These ToS may not be modified except by a writing executed by our duly authorized representatives or pursuant to Section 8.5. No other act, document, usage, or custom will be deemed to modify or amend these ToS. These ToS will inure to the benefit of and be binding upon each party's successors and assigns. These ToS and the licenses granted under them may be assigned by KrystaLeaves but may not be assigned by you without our prior express written consent; any attempt to do so is null and void. If any provision becomes unenforceable or invalid, the remaining provisions will continue in effect as if the unenforceable or invalid provision had not been included, provided that neither party's ability to obtain substantially the bargained-for performance of the other is thereby impaired. If either party fails to perform any term and the other party does not enforce it, that failure to enforce will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing in these ToS constitutes either party as the agent or representative of the other, or both parties as joint venturers or partners, for any purpose. If either party is prevented from performing its obligations due to a cause beyond its reasonable control, that party's performance will be extended for the period of the delay. Headings are for convenience only. The laws of the State of Colorado, excluding its conflicts of law rules, govern these ToS and your use of the Solution. Your use of the Solution may also be subject to other local, state, or federal laws.
5. Modifications. We may occasionally update these ToS. When we do, we will post the updated ToS on the Website and revise the "Last Updated" date above. If you continue to use the Solution after we post an update, you indicate your acceptance of the updated ToS.

9. Contact Us

If you have any questions about these ToS or the Solution, or if you need additional information, please contact us:

KrystaLeaves 755 S Federal Blvd, Unit 4 & 5, Denver, CO 80219 Phone: (303) 802-0026 Email: feedback@krystaleaves.com Web: www.krystaleaves.com