TERMS OF USE

Last Updated: April 25, 2023

This constitutes a binding agreement ("Terms," "Terms of Use," or "Agreement") between you and DCST Developments, LLC, an Arkansas limited liability company doing business as "The Source" ("The Source," "us," "we," or the "Company").

These Terms apply to all services provided by The Source ("Services") where information is collected from or about you or where data from or about you is used. Services include retail sales and age verification at stores branded or owned by The Source ("Stores"), as well as physical delivery of products to you ("Delivery Service"). Services also include digital services provided through the Internet website located at www.thesource-mj.com (the "Website" or "Site"), applications or software provided online or in conjunction with the Website, and electronic communications sent to you by The Source or its partners (collectively, "Digital Services").

By using The Source Services, you signify that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of our Services. If you do not agree, do not use Company's Services, including its Website.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE COMPANY'S SERVICES, INCLUDING ITS WEBSITE, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

This Agreement is published on the Company's Website at www.thesource-mj.com.

By using Company's Services, or by accessing the Website, you acknowledge that you have read these terms of use, and Company's Privacy Policy included here by reference, and agree to be bound by them.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found on the Website by visiting www.thesource-mj and then clicking on the Privacy Policy hyperlink.

By using Company's Services, including the Website, you agree to be bound by the Company's Privacy Policy that is expressly incorporated into this Agreement by this reference.

Changes to Terms of Use

The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. If we do this, we will post the amended Terms on this Website page and indicate at the top of the page the date the Agreement was last revised. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, do not use or access (or continue to use or access) the Services.

No Use of the Services by Persons Under 21 Permitted

Our Services are intended for a mature audience. The Company intends only persons who are 21 years or older to use the Services, including the Website. You agree that by using the Services, you represent that you are at least 21 years old and that you are legally able to enter into this Agreement.

Legal Disclaimers

By using Company's Services, including the Website, you agree to be bound by the Company's Legal Disclaimers published on the Website that is expressly incorporated into this Agreement by this reference. To access the Legal Disclaimers, visit the Website at www.thesource-mj.com and then click on the Legal Disclaimers hyperlink.

Account Information

You must create an account and provide certain information about yourself (become a “Member”) in order to use some of the features that are offered through the Services. You can create an account for some Services on the Website or by visiting a Company retail store. Some Services may also be available via a social login from your authorized social networking service account (Facebook or Google or Instagram or similar "social networking" services, each an “SNS”). If you wish to access the Service via your SNS credentials, you must have a valid account on the SNS through which you connect to the Services, which will then enable you to complete registration on the Services. Your membership account gives you access to the Services and functionality that we may establish and maintain from time to time and at our sole discretion. You may use your account settings to control your Member Profile.

When you sign up to become a Member, you must complete the registration process by providing the complete and accurate information requested on the registration forms. You may also be asked to provide your email address and/or phone number, as well as choose a username and password. Member accounts are limited to one account per person. You may not create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple Membership Accounts. Additionally, you may not impersonate someone else.

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, password, or personal information of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password. You are solely responsible for any and all use of your account and the activity that occurs on your account.

The Source shall not be liable for any loss you incur due to someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

Email Communications

By providing your email address to The Source via the Internet or in person, you are consenting to receive marketing communications from The Source until you opt-out. You can opt out of marketing communications at any time by sending your request to privacy@medmen.com in accordance with the rules published in Company's Privacy Policy.

Note that opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.

Note that if you provide your email address to The Source, you consent to receive service messages ("Service Messages") from The Source, which include notices about The Source’s communications, your inquiries to The Source, your transactions, and other notices, including notices required by law, in lieu of postal mail. You may not opt out of Service Messages since The Source may be legally required to inform you of important facts.

Mobile Device Use

By providing your email address or phone number to The Source via the Internet or in person, you are consenting to receive marketing communications from The Source on your phone or other mobile devices via email or SMS text messages until you opt-out. Communications may be sent to your email address, to the mobile number associated with your mobile device, or both.

You can opt out of marketing communications at any time by sending your request to privacy@medmen.com in accordance with the rules published in Company's Privacy Policy or by clicking the "Unsubscribe," "Opt Out," "Cancel," or "Stop" links in promotional communications you receive if such links are present.

In the event you elect to opt out of communications to your mobile device, you may receive an additional message from the Service confirming your election.

The Company does not warrant that the text messaging service controlling messages to your mobile device will be uninterrupted or error-free.

You are responsible for paying mobile network carrier fees, taxes, and other charges related to the receipt of email and SMS text messages from Company to your mobile device.

Though you may access the Service via a mobile device, Company shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control, including (without limitation) any technical problems beyond the control of Company such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device is turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.

Product Purchases, Billing, and Payment

You acknowledge that Company may charge a fee for the use of any Services, provided that Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you, including fees for products or delivery you order via the Services. Fees owed depend on the specific type and quantity of Company products, services, information, or deliverables (collectively “Products”) ordered. Payment of fees shall not be contingent on any events other than the receipt of the ordered Products. Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. If payment is not current, Company may immediately cease to provide any and all Services to you.

When ordering Products or using our Services, you must provide accurate and complete information as requested in order for us to process your transaction. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including phone number, email address, physical address, credit card numbers, etc.). Account updates should be made by contacting us at privacy@medmen.com.

All sales are final, non-cancelable, and non-refundable except as expressly set forth in this Agreement or as otherwise determined by us in our sole discretion.

All prices specified in the descriptions of the Services are recommended retail prices. Prices are current at the time of publication and are subject to change without notice. All pricing is in United States dollars.

You are responsible for paying any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with the Products you purchase. If you do not pay such sales or other tax or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Company reserves the right to collect such taxes or other fees from you at any time.

Rewards Program

At its sole discretion, The Source may offer you rewards points when you purchase The Source products. Rewards points can only be applied toward purchases and cannot be redeemed for cash. If you delete your The Source customer profile, any points you have accrued will become inaccessible and unredeemable.

Exchanges and Refunds

For a limited time determined by us, we may offer exchanges for some cannabis or apparel goods you purchase from us, provided they remain in their original and perfect, sellable condition. See The Source Exchange and Refunds Policy on the The Source website, or call your nearest store for current exchange details. Note that all sale items are final and cannot be exchanged. No refunds are permitted on sale items, nor on items that cannot be resold in perfect, unused condition.

User Content

If you send or post information (“User Content”) to The Source or its Services, including photos, messages, or commentary, you grant The Source a perpetual worldwide license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sell, transfer, or reformat your User Content without limitation, notice, or compensation to you. The Company has the right but not the obligation to monitor and edit or remove any activity or User Content in its sole and absolute discretion.

Compliance with Intellectual Property Laws

When accessing the Website or using other The Source Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of our Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against any damages resulting from any violations of any relevant laws and for any infringements of third-party rights caused by any content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any content does not violate any laws or third-party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website and its other Services. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Website or other Services user who is found to have infringed on the rights of the Company or of a third party or otherwise violated any intellectual property laws or regulations. The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, knowledge, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at The Source Enterprises LLC, Attn: Website Administrator, 10115 Jefferson Blvd., Culver City, California 90232, or via email at legal@MedMen.com

Restrictions

You agree not to use any automated systems, including, without limitation, "robots," "spiders," "web crawlers," "screen scrapers," "page scrapers," "offline readers," "bots" or "Denial of Service" (DoS) traffic generators, or similar tools that access the Website or other Digital Services in a manner that sends more request messages to our network than a human can reasonably produce in the same period of time by using a conventional online web browser.

You will not attempt to gain unauthorized access to any portion or feature of the Company's Services, including its Website, or any other databases or systems or networks connected to these services, or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate means.

Accessing, collecting, and/or harvesting Members' information stored on the Website or in other Digital Services, including, but not limited to their personally identifiable information, are prohibited.

You agree not to frame The Source Website or other Digital Services in browser frames or otherwise reroute or alter content from Company's Digital Services en route to a visitor's browser.

You agree not to use any portion of the Services as a source or destination for unsolicited bulk messages or unsolicited commercial messages.

You agree not to impersonate Company employees in any electronic message sent to the Company or its Members.

Appropriate legal action will be taken for any illegal or unauthorized use of the Services.

Violations

The Company reserves the right to terminate your use of the Website and/or other Services in its sole and absolute discretion and without notification or compensation to you. To ensure that the Company provides a high-quality experience for you and for other users of the Services, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Services immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with the use of the Website or other Services.

No Warranties

The Company hereby disclaims all warranties. The Source’s Services, including, but not limited to, its Website, in-store services, delivery, and rewards, are provided on an “as is” and “as available” basis. The Services are provided without warranties of any kind. You assume the risk of any and all damage or loss from the use of, or inability to use, the Services, whether they are provided in-person or through the Internet. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its Affiliate entities, subsidiaries, and licensors do not warrant that the content within the Services is accurate, reliable, or correct; that the Services will meet your requirements; that the Services will be available at any particular time or location; that the Services will be uninterrupted, secure, or error-free; that any defects in the Services will be corrected; or that the Services are free of viruses or other harmful content. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from such download.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and the Company will not be a party to or in any way monitor any transaction between you and any third-party providers of products or services.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company, its Affiliate entities, officers, directors, employers, agents, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages of any kind (including, but not limited to, damages for lost profits, goodwill, use, lost data, or other intangible losses) regardless of the foreseeability of those damages, arising out of or in connection with your use of, or inability to use, the Services.

To the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content provided by or in relation to the Services; (ii) any unauthorized access to or use of our servers and/or any and all personal information stored therein; (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, including any purchases made therein; (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, worms, trojan horses, ransomware, malware, or the like that may be transmitted to or through the Services by any third party; (vi) user content that is defamatory, offensive, infringing, or user conduct that is illegal. In no event shall the Company, its Affiliate entities, officers, directors, employers, agents, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to the Company hereunder.

This limitation of liability section shall apply regardless of whether the alleged damages arise out of breach of contract, tort, or any other legal theory or form of action, even if the Company has been advised of the possibility of such damage.

Affiliated Websites

The Company has no control over, and no liability for, any third-party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with our Digital Services, including our Website. Because neither the Company nor our Digital Services have control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time, in connection with your use of our Digital Services, including our Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about and assumes no responsibility for the accuracy, currency, content, or quality of this third-party content. Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Services, including payment and delivery of goods and any other terms (such as warranties), are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Services, including the Website. You are prohibited from violating or attempting to violate any security features of the Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, test, or exploit vulnerabilities of the Services, including the Website, or any associated system or network, or to breach security or authentication measures without proper written authorization from the head of the Company's Information Security department; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus or other malware to the Services, or overloading, flooding, spamming, mail bombing, crashing, or denying service to the Services; (d) using the Services to send unsolicited e-mail or text messages, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header, email header, mobile device identifier, or any part of the header information in any e-mail or text message or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing its Services. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Services, including the Website, any other party’s access, and use of the Services with your unique Member account credentials (username, password), your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity. The Company will notify you of any such claim, loss, liability, or demand, provided that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

Copyright

All contents of the Services, including the Website, are Copyright 2017-2019, The Source, DCST Developments, LLC, 4505 W Poplar St, Rogers, AR 72756. All rights reserved.

Trademarks

All trademarks, service marks, and trade names of the Company used in its Services, including on its Website, are trademarks or registered trademarks of the Company.

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