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TERMS OF USE

Effective Date: March 13, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE FRIENDS OF THE FARM REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE FRIENDS OF THE FARM REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

  • eliminate your right to a trial by jury; and
  • substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Friends of the Farm Rewards Program by electronic means, including posting such information and materials online on one or all of the participating retail stores’ websites.

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the Friends of the Farm Rewards Program in the United States (“Friends of the Farm Rewards”), which is operated by Glass House Group or its respective subsidiaries, licensees and affiliated companies (collectively, “Glass House Group”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Glass House Group for other products or services.

CHANGES TO TERMS

Friends of the Farm reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Friends of the Farm Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to the website of your favorite participating retail store, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Friends of the Farm Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Friends of the Farm Rewards.

PERSONAL USE

Friends of the Farm Rewards is intended for personal use only. Commercial use is prohibited. Friends of the Farm Rewards is not targeted towards, nor intended for use by, anyone under the age of 21. If you are under the age of 21, you may not access or participate in Friends of the Farm Rewards.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in Friends of the Farm Rewards. Please read the Privacy Statement carefully to understand how Friends of the Farm collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT FRIENDS OF THE FARM REWARDS

Friends of the Farm Rewards is one way in which Friends of the Farm endeavors to reward and thank loyal customers for patronizing our business and purchasing products from our retail stores. Friends of the Farm Rewards members are able to earn and accumulate “Points” that can be redeemed for Friends of the Farm Rewards benefits (“Rewards”) at participating Friends of the Farm stores. To find the location nearest to you that participates in Friends of the Farm Rewards, visit the Friends of the Farm Store Locator at www.friendsofthefarm.com.

JOINING Friends of the Farm Rewards

To join Friends of the Farm Rewards, go to the Google Play Store or Apple App Store, and download the mobile application, then follow the prompts to create an account. You will be required to provide the following information:

  1. First and last name, email address and password.
  2. Favorite store

When you join Friends of the Farm Rewards, you automatically are provided with a digital Friends of the Farm wallet with a zero points balance. You will earn 1 reward point for every $1 spent on online delivery/pickup orders, through the App, or in-person at a participating Friends of the Farm store.

EARNING POINTS

The Rewards that are available to you through Friends of the Farm Rewards are based on the number of points that you earn. You can earn points by making purchases at participating Friends of the Farm stores in the following ways:

In-Store: In-store purchases will be linked to your rewards account by providing the phone number associated with your account to the budtender at checkout

App Purchases: Delivery or pick-up orders made directly in the app will be linked to your loyalty account and accrue points automatically

Online Purchases: Online purchases will be linked to your rewards account by providing your account information at checkout

Maximum Point Accrual

Beginning March 1st, 2024, the maximum number of award points a customer can accumulate at one time will be capped at 3,000 points. On March 1st, 2024, any existing loyalty rewards members with more than 3,000 points will have any excess points removed from their rewards wallet. From that time forward, any excess customer loyalty points will expire once they reach the 3,000 point threshold.

POINT EXPIRATION

Unless otherwise noted, points are automatically added to your account within twenty-four (24) hours of your eligible purchase. After 90 days without any purchases, all points in your wallet will expire.

Anytime you make a purchase, the expiration countdown for all of your points resets to 90 days from the date of that purchase.

Some points are exempt from expiration, subject to the discretion of Glass House Group.

REDEEMING POINTS FOR REWARDS

Points may be redeemed for discounts on select items at participating Friends of the Farm stores in California, including Farmacy, Pottery, and NHC locations. Friends of the Farm Rewards offers different Rewards based on different point redemption tiers. Note that the Rewards available and point redemption tiers may vary by location and by country, and that we frequently adjust the items included in each tier at any time in its sole discretion.

POINT REDEMPTION AVAILABILITY MAY VARY; PARTICIPATING FRIENDS OF THE FARM STORES ONLY

Not all Friends of the Farm stores may always have the ability to honor point redemption or provide point redemption at multiple tiers. Additionally, the items available for redemption in each point redemption tier may vary. Different stores may offer different rewards tiers. For example, your rewards points may provide different rewards at a Farmacy location than those provided at an NHC location.

The reward tiers shown in your app at a given time will correspond with the store location you have selected as your Favorite Store within the app. Your Favorite Store can be changed at any time in the settings section of the app.

OTHER IMPORTANT POINT REDEMPTION INFORMATION AND EXCLUSIONS

Some reward tiers may be stackable with other discounts, while others will prohibit deal stacking. For example, a given tier may allow you to combine a 99% tiered discount on a product with a “buy one, get one” weekend promotion. Another tiered discount may prohibit such deal stacking, requiring you to choose between either a tiered discount or a weekend promotion.

Which reward tiers are stackable or not stackable is up to the discretion of Friends of the Farm, and will be clearly labeled as stackable or non-stackable within the discount details in the app

ADDITIONAL BENEFITS OF FRIENDS OF THE FARM REWARDS

As a Friends of the Farm Rewards member, you may be eligible for the following additional benefits:

  • Monthly $10 Discount. Friends of the Farm Rewards members receive a $10 discount in their digital wallet within the app once a month on the 1st of that month. The discount will expire at the end of the calendar month. This reward does not require the redemption of any reward points. It is currently only applicable to purchases of $50 or more. Friends of the Farm reserves the right to discontinue this monthly discount, or adjust the minimum purchase requirement associated with its redemption.
  • Early or extended access to certain promotions and offers. Friends of the Farm may offer Friends of the Farm Rewards members early or extended access to special menu items or discounts at participating stores.
  • Personalized offers. Special offers may be distributed by email, through the App (including via push notifications), or by text message. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from Friends of the Farm and you will be required to provide a valid email. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.
  • Double Points Days. Friends of the Farm may offer Double Points Days or other temporary points multipliers, where you can earn twice (or more) the number of points for your purchases. Friends of the Farm will notify you of a designated Double Points Day, which will be selected by Friends of the Farm. You must download the Friends of the Farm app OR opt-in to receive promotional and marketing emails from Friends of the Farm in order to receive notice of a designated Double Points Day. Friends of the Farm reserves the right to exclude certain products and merchandise from Double Points Day eligibility and to modify the Double Points Day benefit.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Friends of the Farm Rewards or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Friends of the Farm Rewards, or your relationship with Friends of the Farm or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to Glass House Group to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms of Use. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of Use as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, Friends of the Farm will reimburse you for the filing fee within 30 days of receiving a written request from you. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in Friends of the Farm Rewards will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in California.

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.