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Terms of Use

Effective August 1st, 2017

ACCEPTANCE TO THE TERMS OF USE

THE PHARM, LLC, AND ITS SUBSIDIARIES, IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THESE TERMS OF USE. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPRATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy you must not access or use the Site.

These terms of use (“Terms of Use”) are entered into by and between you (“Customer” or “you”) and The Pharm, LLC (the “Company”, “we”, “our”, or “us”). These terms of use set forth the terms and conditions that govern your use of the services available on www.sundaygoods.com and order.sundaygoods.com, including any content, functionality, services, or goods offered on the websites, or any affiliated website or application (the “Site”), whether as a guest or registered user. If you have any questions, please contact us at help@sundaygoods.com.

This Site is offered and available to users who are 21 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. SERVICES

We are in the business of cultivating, distributing, and selling high-quality smoking, cannabis, and cannabis based products for medicinal or adult use purposes in states that have legalized such use to qualifying users. Using the Site, we offer:

• To receive information from medical cannabis patients and qualified medical professionals; • Perform patient pre-verification checks, identification check, quantity and other eligibility-related verification, or collection, recordation, and/or transmission of information for recordkeeping and/or entry into the medical marijuana electronic verification system; and • Provide a virtual environment through which Customers connect with our Company to purchase cannabis related products, medicinal or adult use cannabis, and opt-in for delivery services.

Collectively, these offerings are our “Services.” You acknowledge that the Services may be made by (i) certain of the Company’s subsidiaries and affiliates; and/or (ii) independent third-party providers.

Deliveries of medical or adult use cannabis are made only by licensed dispensary agents or third-party providers, and require that your proper identification credentials are shown upon delivery of products ordered via the Site. The Company, its agent, or any other third-party provider retains the right to refuse Service to anyone for any reason. Deliveries will be made only to locations permitted by applicable law. The Company, its agent, or other third-party providers retain the right to limit deliveries to certain locations and/or location-types for any reason. The Company, its agents, and other third-party providers retain the right, at their sole discretion, to set a limit to how much a patient may order at any given time or over any particular time period.

2. CONTENT AND USER CONTRIBUTIONS

The content on our Site is designed to provide a general overview of our products and is presented for informational purposes. The Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes and is not meant to substitute for advice provided by qualified medical professionals. YOU SHOULD ALWAYS CONSULT A QUALIFIED MEDICAL PROFESSIONAL REGARDING YOUR QUALIFYING CONDITION OR SUSPECTED QUALIFYING CONDITION. The Site is not intended to provide medical advice. Users of the Site should be aware that products under development described herein have not been found to be safe or effective by any regulatory agency and are not approved for any use outside of clinical trials. THE STATEMENTS MADE ON THE SITE HAVE NOT BEEN EVALUATED BY THE FDA AND ARE NOT INTENDED TO DIAGNOSE, TREAT OR CURE ANY DISEASE. ALWAYS CHECK WITH YOUR PHYSICIAN BEFORE STARTING A NEW DIETARY SUPPLEMENT PROGRAM.

The Site may contain message boards, personal profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow registered users to post, submit, publish, display or transmit to other registered users or persons (hereinafter, a “post”) content or materials (collectively, “User Contributions”). All User Contributions must comply with the Content Standards (as defined below) set out herein and are not considered the opinion of the Company. Under the Sites Content Standards, you agree not to post or submit any content or materials that are malicious, hurtful, abusive, or libelous to another user or affect the integrity of the Site. We retain the right to remove any content posted or submitted through the Site which violates this Content Standard.

Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates, service providers, and business partners, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, business partners, and service providers, and each of our/their respective licensees, successors, or assigns. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

3. LIMITATIONS OF USE

You may only use the Sites for lawful purposes and are prohibited by these Terms of Use, you will not make any false misrepresentations in doing so, and will not use the Site for sending or storing any unlawful material for fraudulent purposes. You agree that you will not use our Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party's use of the Site. • You expressly agree that: • You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. • You will not copy, reproduce, alter, modify, create derivative works, publicly display any content, distribute, license, display, publish, frame in another web page, use on any other Site, transfer or sell any information, software, lists of users, databases or other lists, products or Services provided through or obtained from our Site without the prior written permission of the Company and/or the appropriate third party. • You will only use the Site or Services for your own use and will not resell the Services to a third party or otherwise utilize the Site or Services for commercial purposes or personal financial gain; • You will keep secure and confidential your account password or any identification we provide you which allows access to the Site and/or Services; • You will only use an access point or data account that you are authorized to use; • You will provide whatever proof of identity may be requested by us or, as appropriate, a licensed Company agent, including appropriate state-issued identification when a delivery arrives to confirm you are the identified cardholder; • The Company or the licensed Company agent may decline your delivery request for any reason at its sole discretion; • Use of the Site and/or the provision of Services, may result in charges to you for goods or services you receive from the Company, which charges you will be responsible for and become due and owing in full at the time an order for goods and/or Services is submitted via the Site, irrespective of whether payment is collected upon submission of the order or upon delivery of the goods or services; and • The Company may charge certain fees at its sole discretion for access to and/or use of the Site and/or provision of certain services, which may, in some instances, be assessed in addition to the purchase price of goods or services listed on the Site, provided, however, that the Company will use reasonable efforts to inform you of any such fees or additional charges assessed with a particular order or otherwise.

4. ACCESSING THE SITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Site, and any Services or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is true, accurate, current, and complete about yourself in connection with the registration process, and is maintained and updated continuously and promptly to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, the Company may suspend or terminate your account and refuse you any and all current or future access to or use of the Site and Services. If you fail to update your information in a timely manner, then the Company has reasonable grounds to suspect such information is untrue, inaccurate outdated, or incomplete, which will allow the Company to suspend or terminate your account, and refuse you any and all current or future access or use of the Site or Services. You agree that all information you provide to register with this Site or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information, or perform an unauthorized transaction. You are solely responsible for all activities that occur under your account, password, and username, whether or not you authorized the activity. We have the right to disable any user name, password, account, or other identifier at any time if, in our opinion, you have violated any provision of these Terms of Use.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, and refuse to provide our Services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users, or us.

5. PAYMENT

Any charges and fees incurred through use of the Site, whether for goods or Services, are due immediately. The Company reserves the right to establish, remove and/or revise certain charges or fees for any or all Services or goods obtained through use of the Services at any time in our sole discretion. Certain fees, such as the Cancellation Fee, and surge pricing or convenience fees, may be collected and retained by the Company as applicable, at the Company’s sole discretion. You acknowledge and agree that fees applicable in certain areas may increase substantially during times of high demand, or otherwise. The Company reserves the right to determine final prevailing pricing. The pricing information published on the Site may not reflect prevailing pricing at the licensed dispensaries’/retailers’ applicable or originating location. Any promotional offers made to you shall have no bearing on these Terms of Use or your future use of the Site, or Services. The Company may change the fees for provision of the Services and/or cost of goods at their sole discretion.

6. TERMINATION.

As a Service provider, we have the right to:

Take action against, remove or refuse to post any user contributions for any or no reason in our sole discretion if it could create liability for our company or goes against the personal safety of other users. • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. • Respond to any illegal or unauthorized use of the Site by taking appropriate legal action, including without limitation, referral to law enforcement. • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. Further, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. INTELLECTUAL PROPERTY

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text displays, images, video, audio, design, selection, and arrangement thereof), are owned by us, its licensors, or other providers and is material protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Site, or any products ordered from the site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. • You may store files that are automatically cached by your Web browser for display enhancement purposes. • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this site. • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. • You must not access or use for any commercial purposes any part of the Site or any Services or materials available through the Site.

If you wish to make any use of materials on the Site other than that set out in this section, please address your request to: help@sundaygoods.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

8. PRIVACY.

We use third parties to verify and certify our privacy principles. These organizations are dedicated to building trust in the Internet by having member organizations such as the Company disclose information practices. Our policy on privacy is held to high standards by these independent third party organizations. Our current Privacy Policy is available at [INSERT].

9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

You understand that we cannot and do not guarantee, warrant, or represent that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE MAKE NO REPRESENTATIONS TO ANY LAWS, RULES, OR REGULATIONS OF ARIZONA OR ANY OTHER JURISDICTION REGARDING THE SALE, SERVICE, TRANSPORTATION, OR DELIVERY OF GOODS OR SEVICES TO A CUSTOMER, INCLUDING YOU. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM OUR FAILURE TO COMPLY WITH THE TERMS SET FORTH IN THESE TERMS OF USE OR TO COMPLY WITH APPLICABLE LAW. THE COMPANY EXPLICITLY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE OR SERVICES AT ANY TIME, WITHOUT NOTICE, FOR FAILURE TO ABIDE BY THE TERMS AS SET FORTH HEREIN OR TO COMPLY WITH APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW

10. LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and Service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to any use of the Site’s content, Services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

12. LEGAL COMPLIANCE.

You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service.

13. NOTICES.

Except as explicitly stated otherwise, any notices shall be given by postal mail to The Pharm, LLC Attn: Sunday Goods, 7201 E Camelback, Suite 350, Scottsdale, AZ, 85251 (in the case of the Company) or to the email address you provide to the Company during the registration process (in your case). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to the Company during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

14. DISPUTE RESOLUTION.

14.1 Time to Present Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Application or to this Agreement must be filed within one (1) year after such claim or cause of action accrued or shall be forever barred.

14.2 All Disputes, Other than Small Claims Actions, shall be Submitted for Binding Arbitration.

Any legal controversy or legal claim arising out of or relating to this Agreement or our Services, excluding legal action taken by the Company to collect our fees and/or recover damages for, or obtain an injunction relating to, the Company site operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Phoenix, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Phoenix, Arizona, necessary to protect the rights or property of you or the Company pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000.00.

Disputes between you and the Company regarding our Services may be reported to Customer Support by going help@sundaygoods.com.

15. GEOGRAPHIC RESTRICTIONS

By using our Site, you expressly acknowledge that the Services are solely for qualified individuals residing in states that have adopted legislation providing medical or adult use of cannabis. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient.

You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of their respective states’ medical cannabis laws. You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that we neither provide nor have any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution.

We have our principal place of business in Arizona. However, the Company Site may be accessible to and provide Services to users and dispensary entities outside of Arizona. If you are not a resident and qualified individual within the State of Arizona, you must abide the by and follow the laws of the state in which you are a resident.

16. CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice of before the date the change is posted on the Site.

Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

17. GENERAL

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, in each case located in the City of Phoenix and County of Maricopa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that this Agreement and all incorporated agreements may be automatically assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

© 2018 The Pharm, LLC

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