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SECTION 25 – SHINY LEAF REWARDS PROGRAM – TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE SHINY LEAF REWARDS PROGRAM. BY PARTICIPATING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THIS PROGRAM.

Membership Overview & Eligibility

1.1. The Shiny Leaf Rewards Program (“Program”) is offered at the sole discretion of Shiny Leaf LLC (“Shiny Leaf,” “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not participate in the Program. Individuals who are legal residents of the United States (including its territories and possessions) and at least 18 years or older and who provide and maintain a valid e-mail address are eligible to become members. No purchase is necessary to join the Program. Employees of Shiny Leaf are ineligible to participate in Program. The Program is void where prohibited by law.

1.2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these Program Terms and Conditions of Participation (“Program Terms”) and by any changes or modifications we may make. You should review these Program Terms and the related policies and FAQs frequently to understand the terms and conditions that apply to the Program as they may change from time to time. These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us, including any agreement for products or services. By enrolling in the Program, you also agree to be bound by our website Privacy Policy [https://www.shinyleaf.com/pages/privacy-policy] and our website Terms and Conditions [https://www.shinyleaf.com/pages/terms-and-conditions], which are incorporated herein by reference. If you do not agree to these Program Terms, our website Privacy Policy and our website Terms and Conditions, you cannot participate in the Program.

Program Enrollment

2.1. Upon registration to www.shinyleaf.com (collectively, the “Site”), your account is also enrolled with the Shiny Leaf Rewards program and can start earning points.

2.2. The personal information used on your account on www.shinyleaf.com will be used for your program account. You will be also given the option to provide your birth date and mobile phone number, but this information is optional. You may update your personal information on the website or mobile app or by contacting the Shiny Leaf Customer Service at 1-888-882-2041.

2.3. Only one Program account may be associated with a single member and a single e-mail address. In the event of a dispute over the identity of the member enrolled in the Program, the member will be deemed to be the authorized account holder of the e-mail address submitted at the time of enrollment. For purposes of these Program Terms, the “authorized account holder” is the natural person who is assigned to the submitted e-mail address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

How the Program Works and The Benefits

3.1. The Program is a way in which we reward and thank our loyal customers for purchasing our products. You are able to earn points by making eligible purchases. Purchases made at (1) www.shinyleaf.com, (2) Amazon (3) eBay (4) Other online sales channels are eligible for the Program. For your purchase to qualify for the Program, you must be enrolled in the Program and claim your points. Visit our FAQs [https://www.shinyleaf.com/pages/rewards] to learn more about how points can be earned.

3.2. Program members earn 10 points for every $1 spent on Shiny Leaf products. You may also earn additional points for qualifying purchases made during exclusive promotions. Terms and conditions apply; see details of each promotion for more information. Program members also earn points for completing certain requirements and referring friends. Visit our program page to learn more about the available points and the requirements [https://www.shinyleaf.com/pages/rewards].

3.3. Purchases made in sales channels other than the official Shiny Leaf website, Shiny Leaf Mobile App or Amazon might need additional details for verification, and points for such purchases might not be immediately rewarded, but instead require a verification period of up to 7 days.

3.4. Neither accounts nor rewards and/or points may be shared or combined. Only the member paying for the products may accumulate rewards and/or points. We reserve the right to monitor the number of accounts per household and refuse, merge or close additional or duplicate accounts at any time.

3.5. Rewards and/or points earned through the Program have no cash value, are non-transferable, and you have no property rights in or to rewards or other Program benefits. Purchase balances and/or points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned or cancelled or if the credit is obtained through fraudulent or other activity that violates these Program Terms as determined by us in our sole discretion. The sale, barter, transfer, donation, auction or assignment of any rewards offered through the Program, other than by us, is expressly prohibited. Any applicable tax liabilities resulting from rewards earned or points awarded under the Program are the responsibility of the member.

3.6. Rewards cannot be exchanged or returned for points, another product or a monetary refund.

3.7. The products and services available through the Program and any samples that we may provide to you are for personal use only. You may not sell or resell any of the products, services, or samples you purchase or otherwise receive from us. We reserve the right, without notice, to cancel or reduce the quantity of any order to be filled and/or any products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Program Terms.

3.8. We are not responsible for rewards and/or points lost or redeemed due to fraudulent activity by you or any third party. We are not responsible for rewards that are lost, stolen or otherwise destroyed. We are not responsible for a third-party merchant’s failure to honor rewards.

3.9. We reserve the right to change the Program’s rewards/benefits, how you earn points and how we evaluate and reward your eligible purchases and/or other Program activity. We reserve the right to place limits on the number of purchases or activities that are eligible for the Program, the number or types of rewards you may receive or earn at any given point level, in a given time period or for the duration of the Program, and/or any combination thereof.

3.10. Rewards can only be redeemed on the Shiny Leaf website [www.shinyleaf.com] or the Shiny Leaf Mobile App.

3.11. Program members are eligible to receive one (1) birthday gift per member per year. If you have provided your birth date, your birthday gift reward (w/coupon code) will be emailed to the address registered on your account on the date of your birthday.

Marketing Communications

4.1. By enrolling in the Program, you will be automatically subscribed to receive and consent to receive Program related e-mails and/or SMS messages, including Program marketing e-mails / SMS. We also may give you the option to opt-in to receive other marketing communications from us at the time of enrollment.

4.2. You may opt-out of receiving Program marketing e-mails at any time by following the instructions provided in the e-mail or SMS message or by contacting our customer support team, but operational e-mails will still be sent to you as they relate to your membership in the Program. Examples of these include, but are not limited to, a redemption confirmation e-mail, a profile update e-mail, or other communications that relate to your account.

Termination and Modification

5.1. The Program and its benefits are offered at our sole discretion. We may, in our discretion, cancel, modify, restrict or terminate these Program Terms, our FAQs, and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards.

5.2. We reserve the right to, at any time, in our sole discretion: (1) exclude you from participation in the Program; (2) discontinue your participation in the Program; and/or (3) suspend or audit your membership account for any amount of time without prior notice. Any suspected abuse of the Program, failure to follow any Program Terms, membership inactivity for more than 24 months (i.e. member has not made a purchase within 24 months), illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, cards, credits, vouchers, coupons and/or certificates, may result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Program Terms, we also reserve the right to take appropriate legal action, in our sole discretion.

5.3. If you decide you no longer want to be a part of the Program, you may cancel your membership at any time by contacting the Shiny Leaf Customer Service team.

Disclaimer of Warranties; Limitation of Liability

6.1. NEITHER SHINY LEAF LLC. NOR ITS AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

6.2. YOU AGREE THAT NEITHER SHINY LEAF LLC. NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

6.3. FURTHER NEITHER SHINY LEAF LLC. NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

6.4. YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE PROGRAM TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Indemnification

You agree to defend, indemnify and hold us, our parents, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation or these Program Terms.

Governing Law and Disputes

8.1. This Program and these Program Terms will be governed by and construed under the substantive laws of the State of Florida, as if they were a contract wholly entered into and wholly performed within Florida and without reference to conflict-of-laws considerations.

8.2. ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE PROGRAM TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN NEW YORK AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF. ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Program Terms shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

8.3. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Privacy

The personal information collected in connection with the Program, including but not limited to purchases made in connection with your Program membership, will be used and disclosed by Shiny Leaf for the purposes of facilitating your participation in the Program. For details on the manner in which we treat your personal information, see the Shiny Leaf Privacy Policy [https://www.shinyleaf.com/pages/privacy-policy].

Contact Us

For information about the Program and your membership, contact Shiny Leaf Customer Service at 1-888-882-2031 from within the U.S.A. or via e-mail at support@shinyleaf.com. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. You may also find answers to helpful frequently answered questions in our FAQs.