Privacy Policy

Effective Date: January 8, 2016

This Privacy Policy of LeafLink, Inc. ("LeafLink", "we", "us", "our") applies to the operations of LeafLink that we offer through our web application (the "Service"). It provides the policies and procedures for collecting, using, and disclosing the information of each user of the Service ("you", "your", or the "User"). We recognize that you choose to use the Service and we consider your privacy and the security of your personal information to be very important.

Throughout this Privacy Policy, we make reference to your Personally Identifiable Information ("PII") that we collect. This refers to information about you as an individual, such that your identity can be reasonably ascertained. For example, your name, telephone number and email address are PII.

By using the Service, you accept the practices set forth in this Privacy Policy. Please read it carefully before using the Service. If you do not agree to this Privacy Policy, you may not access or otherwise use the Service.

Information We Collect

We receive and store information you give us when you use the Service. For example, we collect information when you: provide information to sign up for an account with the Service; provide information in your Account Profile; login and operate your account within the Service; or communicate with us by email for any purpose. You can choose not to provide certain information, but you may not be able to use all of the Service features as a result. We also collect general, statistical, Non-Personally identifiable Information ("Non-PII") including, but not limited to, technical information about your device, system and application software.

Setting Up An Account

Should you request an account with the Service (an "Account"), LeafLink requires that you submit the following information:

• First and Last Name
• Email Address
• Mailing Address
• Phone Number

You must also create a password to when signing up for our Service. LeafLink requires the non-optional information listed above in order to create and maintain your account. When you create an account you will also need to provide information for your Company, retailer or producer and products associated with your company. The information gathered for company representation includes but is not limited to:

• Company Name
• Company Address
• Company Website
• Company Number
• A List of Product Names and Details
• Photos of Products (optional)

How We Use Your Information

LeafLink will not publish any of your operational or profile data in any personally identifiable way. We DO NOT sell your PII to third parties or mass marketers. Unless you consent to the disclosure of your PII, only LeafLink and our affiliates, technical consultants, third-party administrators and other specifically permitted third-parties who enhance the functionality of the Service or who provide associated services who make our Service available to you through their individual websites or apps or who have loyalty programs covering multiple brands, have access to this information. For example, we may work with agents to analyze data, operate promotions, provide marketing assistance, and/or provide customer service. These agents may have access to select portions of PII needed to perform their functions, but they may not use it for other purposes.

We use the PII that you provide to us in order to operate the Service, improve our Service, and communicate with you. We may send periodic product updates as well as Service-Account updates that may include, but are not limited to, notices required by law and/or notices of a change in this Privacy Policy. If you provide us with your email address, we reserve the right to send you marketing and promotional emails. You may opt out of receiving such communications from the Service by following the instructions included with those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account with LeafLink or our ongoing business relations. You may also send requests about contact preferences or changes to personal information, including requests to opt out of sharing personal information with third parties, to our contact information below. We use Non-PII (anonymized data) in the aggregate to compile data trends, and otherwise analyze the performance of our Service. Non-PII will also facilitate the provision of software updates, product support, and other services to you. This aggregate data will in no way personally identify you or any other users of the Service.

Unfortunately, notwithstanding any steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for our Service or otherwise. All such transmission of information is at your own risk. Even though we are committed to having our Service comply with this Privacy Policy, you are also responsible for maintaining the secrecy of your password and your PII.

Disclosure of Your Information

We reserve the right to release account information and other PII: when we believe release is appropriate to comply with the law; at the request of any judicial, administrative or similar proceeding such as a subpoena; to investigate suspected fraud, harassment, physical threats, or other violations of any state or federal law, rule or regulation; to protect the rights, property, or safety of the Service, our users, or others; or to enforce or apply our Terms of Use and other agreements.

Links to Other Sites

The Service may provide links that direct you away from the Service to outside websites. To the extent that occurs, those third-party websites are not operated by us and are beyond our control. These websites may independently collect data, or solicit personal information. When visiting these websites, you are subject to their privacy policies, and we encourage you to read them as well as any terms of use or service. We are not responsible for the privacy practices of these other websites and we cannot guarantee the security of any of your PII collected there.

Business Practices and Transfers

As our business evolves and our practices change, we will continue to update this Privacy Policy. We may periodically notify users of changes in our policies and you should check our Service frequently for any changes. Your continued use of the Service is considered assent to any such changes.

Additionally, as our business continues to grow, we may acquire or sell a business. We reserve the right to transfer customer information in connection with such a transaction, but such information remains subject to the provisions of any pre-existing Privacy Policy. In the event that LeafLink or substantially all of its assets are acquired, customer information may be one of the transferred assets.

Minors

This Site is offered and available to users who 18 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 LeafLink 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. We do not intentionally seek to sell anything to, influence, collect information from or otherwise address individuals 13 years of age and younger, nor do we knowingly collect personal information from children under 13 through the Service.

Contact Information

© LeafLink, Inc. 2019. All rights reserved.

Terms and Conditions of Use

Last Update: February 2017

The LeafLink Services (defined below) provides a platform to enable persons who are licensed by the State of Colorado, the State of Washington, the State of Nevada, the State of Oregon, the State of Arizona, the State of Maryland, the State of Pennsylvania, the State of New York, the State of Illinois, the State of Michigan, the State of Alaska, the State of Ohio or the State of California and licensed by the respective local government to sell cannabis ("Vendors", "Producers", "user", or "you") to other entities which are licensed by the State of Colorado, the State of Washington, the State of Nevada, the State of Oregon, the State of Arizona, the State of Maryland, the State of Pennsylvania, the State of New York, the State of Illinois, the State of Michigan, the State of Alaska, the State of Ohio or the State of California and also licensed by their respective local government to purchase cannabis ("Retailer", "user", or "you"). The policies below are applicable to the LeafLink network of websites, including the website located at LeafLink.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by LeafLink; all apps published by LeafLink; and all other interactive features, services, and communications provided by LeafLink ("Sites"), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by LeafLink (collectively "LeafLink" or "we", "us", or "our"). In addition to the information or content ("Content") made available on the Sites, the Sites provide you with various tools to submit content and participate in managing your cannabis wholesale activities online and other services. ("Services").

BY USING OUR SITES OR BY CLICKING TO AGREE TO THIS AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ARE AGREEING TO THE TERMS AND PRACTICES IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITES OR SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME, AND WE WILL PROVIDE YOU WITH THE NOTICE OF SUCH CHANGE OR CHANGES VIA REASONABLE METHODS AND BY POSTING THE CHANGES ON THIS PAGE. NO CHANGES WILL APPLY RETROACTIVELY AND WILL BECOME EFFECTIVE NO SOONER THAN FOURTEEN DAYS AFTER THEY ARE POSTED. HOWEVER, CHANGES ADDRESSING NEW FUNCTIONS FOR A SERVICE OR CHANGES MADE FOR LEGAL REASONS WILL BE EFFECTIVE IMMEDIATELY.

Additional terms and conditions may apply to your use of specific Services. By using the Sites and Services, you agree to such terms and conditions.

The Sites are offered and available to you if you meet the following requirements:

• You are 21 years of age or older, and
• You or your business are licensed by the State of Colorado, the State of Washington, the State of Nevada, the State of Oregon, the State of Arizona, the State of Maryland, the State of Pennsylvania, the State of New York, the State of Illinois, the State of Michigan, the State of Alaska, the State of Ohio or the State of California relating to the sale or purchase of cannabis, and
• You or your business have obtained any and all additional license(s) required by respective local government relating to the sale or purchase of cannabis, and
• You are located within State of Colorado, the State of Washington, the State of Nevada, the State of Oregon, the State of Arizona, the State of Maryland, the State of Pennsylvania, the State of New York, the State of Illinois, the State of Michigan, the State of Alaska, the State of Ohio or the State of California or otherwise located in a jurisdiction where your access to our Sites is not prohibited.

This is a legal agreement between you, whether you are a Vendor or a Retailer, and LeafLink that states the material terms and conditions that govern your use of the Sites and the Services. These Terms and Conditions, together with all updates, supplements, additional terms, and all of LeafLink’s rules and policies collectively constitute this agreement between you and LeafLink ("Agreement"). BY ACCESSING THE SITE AND/OR PARTICIPATING IN THE SERVICES, YOU AGREE THAT YOU HAVE ALL NECESSARY RIGHTS, LICENSES AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS STATED HEREIN, PLEASE IMMEDIATELY LEAVE THE SITES.

1. State Law.  Any and all interactions, communications and intent on the site must be in accordance with respective state laws, regulations and policies. LeafLink is not responsible for any civil or criminal charges pursuant to any noncompliance with state or local laws. Please check your local state regulations on cannabis use prior to using the Site.

   LEAFLINK DOES NOT POSSESS A LICENSE FROM ANY STATE TO TRANSACT ANY BUSINESS RELATING THE PURCHASE OR SALE OF MEDICAL OR RETAIL MARIJUANA. LEAFLINK DOES NOT PROVIDE CANNABIS SALES, AND LEAFLINK IS NOT A RETAILER, SUPPLIER, RESELLER, DISTRIBUTOR, AGENT, REPRESENTATIVE OR SUBCONTRACTOR OF ANY SUPPLIER OR RETAILER. LEAFLINK OFFERS INFORMATION, LEAD GENERATION TOOLS ONLINE AND IT IS UP TO INDEPENDENT VENDORS TO OFFER PRODUCTS, WHICH MAY BE ARRANGED BY YOU THROUGH THE USE OF THE SERVICES. ANY DECISION BY YOU OR ANOTHER LEAFLINK ACCOUNT HOLDER TO ACCEPT PRODUCTS FROM A VENDOR IS A DECISION MADE BY YOUR SOLE DISCRETION OR ANOTHER ACCOUNT HOLDER’S SOLE DISCRETION. LEAFLINK’S SITES OFFER INFORMATION AND THE ABILITY TO CONNECT VENDORS AND RETAILERS WITH EACH OTHER, BUT LEAFLINK DOES NOT INTEND TO PROVIDE SUPPLIER, RETAILER, OR DISTRIBUTIONS SERVICES OR ACT IN ANY MANNER AS A CANNABIS VENDOR OR RETAILER. LEAFLINK DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY SALE OF CANNABIS VOLUNTARILY PROVIDED TO YOU BY SUCH VENDORS. LEAFLINK FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR TRANSACTIONS WHICH OCCUR BETWEEN ENTITIES WHICH ARE OR ARE NOT LICENSED BY THE STATE OF COLORADO, THE STATE OF WASHINGTON, THE STATE OF NEVADA, THE STATE OF OREGON, THE STATE OF ARIZONA, THE STATE OF MARYLAND, THE STATE OF PENNSYLVANIS, THE STATE OF NEW YORK, THE STATE OF ILLINOIS, THE STATE OF MICHIGAN, THE STATE OF ALASKA, THE STATE OF OHIO OF THE STATE OF CALIFORNIA TO BUY OR SELL MARIJUANA IN THE MANNER CONTEMPLATED HEREIN.

   THE POSSESSION, DISTRIBUTION, PRODUCTION, OF CANNABIS AND CANNABIS PRODUCTS OR CONSPIRING OR ASSITING SOMEONE TO DO THE SAME IS ILLEGAL UNDER FEDERAL LAW AND THE LAWS OF MANY STATES. LEAFLINK MAKES NO REPRESENTATION OF ANY KIND WHATSOEVER THAT THE TRANSACTIONS CONDUCTED BY YOU ON THIS SITE ARE LAWFUL UNDER FEDERAL, STATE, OR LOCAL LAW.

   YOU ASSUME ALL CRIMINAL AND CIVIL RISK RELATED TO ANY PROPOSED OR ACTUAL TRANSACTION CONDUCTED ON THE SITE. YOU ARE RESPONSIBLE FOR ENSURING THE LEGALITY OF ANY TRANSACTION CONDUCTED ON THE SITE.

2. Eligibility to Subscribe to Services.  You may subscribe to the Services in any location or state in the United States where the sale or purchase of cannabis is legal and where we offer the Service ("Territory"). LeafLink makes no promise, however, that the Sites or Services available on the Sites are appropriate or available for use outside Territory including from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by that state or locality, the United States State Department of Justice, or other U.S. government entity. If you choose to access the Sites from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to Services that you subscribe to on these Sites. We are not responsible for non-compliance with any applicable law or any resulting civil and criminal penalties.

3. Site Access License and Restrictions.  LeafLink grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Sites or their Content solely for their intended purpose. You are not allowed to modify all or any portion of the Sites and their Content. This license does not include any right to authorize third party use of the Sites or their contents; any collection and use of any Content, descriptions, any derivative use of the Sites or their contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without LeafLink’s express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of LeafLink, its content providers or its affiliates without express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

4. Fees.  During the term of this Agreement, you will pay LeafLink the subscription fees, if any, specified on your Vendor Order Form and/ or Registration Form (the "Forms"), any upgrades to the subscription, and any other purchases of products and services through the Sites or Services (the "Fees") by LeafLink. LeafLink may modify the Fees upon any renewal of the Agreement. You will pay LeafLink the Fees in U.S. funds monthly in advance via credit card or other mutually agreed process. If you fail to pay the Fees within 30 days of the due date, your credit card is rejected, or LeafLink otherwise does not receive payment, LeafLink may impose a late fee, suspend the Service, or both, in its discretion. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse LeafLink and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites. The Forms are incorporated herein by reference, and the Forms shall be construed in accordance with and shall be governed by the Agreement including these Terms and Conditions.

5. Privacy.  Data collection and use, including data collection and use of personally identifiable information is governed by LeafLink’s Privacy Policy which is incorporated into and is a part of this Agreement.

6. Electronic Communications.  When you visit or use the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. We reserve the right to send you marketing and promotional emails. You may opt out of receiving marketing and promotional emails from the Sites by following the instructions enclosed within those emails. If you opt out, we may still send you non-promotional emails, such as emails about your account with LeafLink or our ongoing business relations. You may also send requests about contact preferences or changes to personal information, including requests to opt out of sharing personal information with third parties, to our contact information below.

7. Copyright and Ownership.  All of the content (other than User Submissions) featured or displayed on the Sites or as part of the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by LeafLink, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Sites and the Services may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view and play copyrighted documents, audio and video found on our Sites solely for the purposes intended by LeafLink. In no event will you be permitted to download or store any copyrighted documents, audio or video locally. Notwithstanding the foregoing, you will be permitted to print and save reports, agreements, and other documents made available to you from the Services from LeafLink. Except with respect to Content submitted by you or as permitted by copyright law, you may not modify any of the materials on the Sites and you may not copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights shall remain the exclusive property of LeafLink or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.

   In accessing the Sites and Services, you may post your own Content on our Sites, including photos and other information about your products and services, ( your "User Submissions"), and in so doing you expressly grant us a non-exclusive, royalty-free, fully paid-up, worldwide, right to use, reproduce, modify, publish, translate, distribute, perform and display such Content as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology through the Sites, to promote and market the Sites and/or the User Submission on any platform or channel, and to make available the Content to other users of the Sites and Services, in perpetuity throughout the universe.

8. Trademarks/No Endorsement.  All trademarks, service marks and trade names of LeafLink or its licensors used herein (including but not limited to: LeafLink name, LeafLink corporate logo, the Sites name, the Sites design, and any logos) (collectively "Marks") are trademarks or registered trademarks of LeafLink or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify LeafLink’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without LeafLink’s prior written consent. The use of LeafLink’s trademarks on any other web site or network computer environment is not allowed. You shall not use LeafLink’s name or any language, pictures or symbols which could, in LeafLink’s judgment, imply LeafLink’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

9. Transactional Partners.  LeafLink provides information about other company’s services and products within our Sites. If you engage with the other party, you are transacting directly with the other party. On those pages of our Sites, the transactional partner’s brand and name is clearly visible and their terms and conditions relating to their business.

10. Submissions and User Conduct.  The Sites may provide users an opportunity to post comments, and other content; write and send communications (e.g. email, text message [SMS], etc.); submit suggestions, ideas, comments, questions, or other information; or otherwise interact with others and share thoughts, information and materials. By writing, posting, commenting, interacting, or otherwise adding content or information to the Sites (collectively "Submissions"), you grant LeafLink the right to copy, edit, publish, and distribute your Submissions. You are prohibited from using the Sites or the Services to post or send any unlawful, infringing, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that infringes or misappropriates third party intellectual property or could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or "spam" to any user of the Sites is expressly prohibited by this Agreement. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, any applicable rules or policies linked to in this Agreement, or any law or regulation, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from participating in our Sites and Services, the immediate removal of the related materials from the Sites and Services at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

11. User Submissions and Published Content.  We do not seek User Submissions that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. LeafLink will reject any submissions in which LeafLink believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, LeafLink reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Sites at any time and without notice.

    User published Content and User Submissions do not represent the views of LeafLink or any individual associated with LeafLink, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, LeafLink’s endorsement of user published Content. LeafLink does not vouch for the accuracy or credibility of any user published Content on our Sites or User Submissions published through our Services, and do not take any responsibility or assume any liability for any actions you may take as a result of reviewing any such user published Content or User Submission. Through your use of the Sites and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Site and Services, you assume all associated risks.

12. User Account Obligations and Security.  You understand that you will need to create an account to have access to all of the parts of the Sites and to the Services. In consideration of your use of the Sites and Services, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the account registration pages (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or LeafLink has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LeafLink reserves the right, in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof) or Services. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You will not share your account information or your user name and password with any third party or permit any third party to logon to the Sites or Services using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Sites. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please note that anyone able to provide your personally identifiable information will be able to access your account so you should take reasonable steps to protect this information.

13. Advertising Rights.  LeafLink reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submissions, and LeafLink and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate LeafLink to sell, license or offer to sell or license any advertising, promotion or distribution rights.

14. Representations and Warranties.  You represent that You are over the age of 21, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Sites and Services is and will be in compliance with all applicable laws, including having all necessary licenses and registrations as required by state and local laws. Furthermore, you shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 7; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of this agreement; (iv) You are not, and have not been an agent of LeafLink and were not and are not acting on behalf of, or as a representative of, LeafLink or any other party in connection with the User Submission; (v) the User Submission and LeafLink’s use thereof as contemplated by this Agreement and LeafLink’s Sites will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; (vi) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (vii) The User Submission does not contain: (a) material falsehoods or misrepresentations that could harm LeafLink or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.

15. Links and Third Party Links.  Creating or maintaining any link from another web site to any page on the Site without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rule and regulations. From time to time, the Sites or Services may contain links to websites that are not owned, operated or controlled by LeafLink or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Sites, you do so entirely at your own risk.

16. Disclaimers.  YOUR USE OF THE SITES AND THE SERVICES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER LEAFLINK, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER LEAFLINK, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LEAFLINK OR THROUGH LEAFLINK SITES AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

17. Limitations of Liability.  LeafLink does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Sites, or your downloading of any information or materials from the Sites. IN NO EVENT WILL LEAFLINK, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR SERVICES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT LEAFLINK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

    IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT OR SERVICES THEREON, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES THAT YOU HAVE SUBSCRIBED TO ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REFUND FOR SUCH SERVICES IN ACCORDANCE WITH THE LEAFLINK REFUNDS POLICY. IN NO EVENT SHALL LEAFLINK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS (US $100.00) OR (B) THE VALUE OF YOUR SUBSCRIPTION FEES FOR ACCESS TO THE SITES OR SERVICES.

18. Indemnity.  You agree to defend, indemnify and hold LeafLink and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or the Services, or your placement or transmission of any message or information on this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to LeafLink; or (vi) any other party's access and use of the Sites with your unique username, password or other appropriate security code.

19. Release.  In the event that you have a dispute with one or more other users of the Site, you release LeafLink (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

20. Termination.  You or we may suspend or terminate your account or your use of the Sites at any time, for any reason or for no reason. You are personally liable for any subscriptions placed or charges incurred through your account prior to termination. We may also block your access to our Sites or Services in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

21. Force Majeure.  Neither LeafLink nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

22. General.  All matters relating to the Sites, Services and this Agreement 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 Colorado, the State of Washington, the State of Nevada, the State of Oregon, the State of Arizona, the State of Maryland, the State of Pennsylvania, the State of New York, the State of Illinois, the State of Michigan, the State of Alaska, the State of Ohio or the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    We do not guarantee continuous, uninterrupted or secure access to our Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. 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 LeafLink in our sole discretion. Headings are for reference purposes only and in no way 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. 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. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 1 (Site Access License and Restrictions), 17 (Limitations of Liability), 18 (Indemnity), and 19 (Release) shall survive any termination or expiration of this Agreement.

23. Entire Agreement.  These terms and conditions are the entire agreement between you and LeafLink and supersede any prior understandings or agreements (written or oral).

24. Additional Assistance.  If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments and Concerns, we ask you to contact us at by email at: support@leaflink.com.

25. Copyright Notice.  All Site design, graphics, text selections, arrangement and all software are Copyright © 2019 LeafLink, Inc. or its licensors. ALL RIGHTS RESERVED.

DISCLAIMER TERMS

The LeafLink Services (defined below) provides a platform to enable persons who are licensed by the State of Colorado, the State of Washington, the State of Nevada, the State of Oregon, the State of Arizona, the State of Maryland, the State of Pennsylvania, the State of New York, the State of Illinois, the State of Michigan, the State of Alaska, the State of Ohio or the State of California and licensed by the respective local government to sell cannabis ("Vendors", "Producers", "user", or "you") to other entities which are licensed by the State of Colorado, the State of Washington, the State of Nevada, the State of Oregon, the State of Arizona, the State of Maryland, the State of Pennsylvania, the State of New York, the State of Illinois, the State of Michigan, the State of Alaska, the State of Ohio or the State of California and also licensed by their respective local government to purchase cannabis ("Retailer", "user," or "you"). The policies below are applicable to the LeafLink network of websites, including the website located at LeafLink.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by LeafLink; all apps published by LeafLink; and all other interactive features, services, and communications provided by LeafLink ("Sites"), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by LeafLink (collectively "LeafLink" or "we", "us", or "our"). In addition to the information or content ("Content") made available on the Sites, the Sites provide you with various tools to submit content and participate in managing your cannabis wholesale activities online and other services. ("Services").

BY USING OUR SITES OR BY CLICKING TO AGREE TO THIS AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ARE AGREEING THE TERMS AND PRACTICES IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES OR SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, YOUR CONITNUED USE OF OUR SITES AND ANY ASSOCIATED SERVICES FOLLOW THE POSTING OF CHANGES AND YOUR ACCEPTANCE WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROIVDE YOU WITH SPECIFIC NOTICE, NO CHANGES WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to your use of specific Services. By using the Sites and Services, you agree to such terms and conditions.

This is a legal agreement between you, whether you are a Vendor or a Retailer and LeafLink that states the material terms and conditions that govern your use of the Sites and the Services. This agreement, together with all updates, supplements, additional terms, and all of LeafLink’s rules and policies collectively constitute this agreement between you and LeafLink ("Agreement"). BY ACCESSING THE SITE AND/OR PARTICIPATING IN THE SERVICES, YOU AGREE THAT YOU HAVE ALL NECESSARY RIGHTS, LICENSES AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THE SITES.