TERMS OF SERVICE

Joyleaf’s Joyrider Loyalty Program (“Program”) is owned and operated byJoyleaf NJ LLC. and its affiliates (collectively “Joyleaf”), and operated inconjunction with Sweed. These Terms and Conditions (“Terms”) govern yourparticipation in the Program.

You agree to be bound by these Terms, which are amended occasionallywhen you open your Joyrider Loyalty Program account and use your JoyriderLoyalty Program points. These Terms of Service (“Terms”) govern your access toand use of Sweed services, including the joyleaf.com website (“Website”) andother services or policies that link to these Terms. By using the Website, youagree to be bound by these Terms.

Who May Use the Services

You may use the Services only if you agree to form a binding contractwith Joy Leaf NJ LLC and its affiliates /dba/ “Joyleaf Dispensary” in NewJersey (“Joyleaf”) and are not a person barred from receiving services underthe laws of the applicable jurisdiction. In any case, you must be at least 21years old. If you are accepting these Terms, you represent and warrant that youare authorized to do so and have the authority to bind any entity you mayrepresent to these Terms, in which case the words “you” and “your” as used inthese Terms shall refer to you or any such entity.

Privacy

Our Privacy Policy describes how we handle the information you provideto us when you use our Website. You understand that through your use of theWebsite, you consent to the collection and use (as set forth in the PrivacyPolicy) of this information.

Limitations of Liability

By using the Website you agree that the liability of Joyleaf, itsaffiliates, related companies, officers, directors, employees, agentsrepresentatives, partners, and licensors is limited to the greatest extentpermissible by law.

General

Joyleaf may revise these Terms from time to time. The changes will notbe retroactive, and the most current version of the Terms, which will always beon the Website, will govern our relationship with you. Other than for changesaddressing new functions or made for legal reasons, we will notify you withreasonable notice in advance of making effective changes to these Terms thatimpact the rights or obligations of any party to these Terms, for example via aservice notification or an email to the email associated with your account. Bycontinuing to access or use the Services after those revisions becomeeffective, you agree to be bound by the revised Terms.

Joyleaf Joyrider Club Loyalty Program

  1. Program Description. The Program is a rewards program that is free to join for its registered customers located in New Jersey. Program members are able to earn and accumulate points (“Points”) that can be redeemed for certain additional benefits as described in the Program.
  2. Membership. Membership in the Program is limited to individuals only and is limited to one account per individual. Members must be legally eligible to purchase marihuana products under New Jersey law. By enrolling in the Program, you agree to be bound by these Terms. No purchase is necessary to enroll in the Program. There are no participation or membership fees associated with the Program.
  3. How to Join. It’s easy! Visit our website and create an account or ask any of our Squad in-store team members to sign you up during any in-store visit. Providing us a valid phone number and email address, along with opting into our marketing communications, is key to accurately earning points every time you shop with us.
  4. Earn Points. Start earning Points with every purchase that is eligible for Points and verified by Joyleaf (“Qualified Purchases”) after signing up for the Program. Every one dollar ($1) spent on Qualified Purchases earns either 1, 1.5 or 2 rewards Point (points are not earned on tax) depending if you’re a Seeker, Traveler or Legend loyalty tier status. The more you spend the more points you earn! Points will not be earned and cannot be redeemed for taxes. Points have no dollar value.
  5. Loyalty Tiers. There are three tiers to the Joyrider program depending on the amount spent during an annual year by loyalty members. From low to high: Seeker, Traveler or Legend earns 1, 1.5 or 2 rewards Points (points are not earned on tax) for every dollar spent. Seeker status is maintained by spending $0 - $550 per year, Traveler status is maintained by spending $551 - $2000 per year, and Legend status is maintained by spending over $2000 per year.
  6. Check your Points Balance. You can check your Points balance and available rewards anytime and anywhere. Just click here to log in to your wallet. Of course, we are always happy to help look up your Points while you are visiting any of our locations.
  7. Redeeming Points. You may redeem Points at any time to receive one of the predetermined set of rewards offered by Joyleaf (“Reward”). Joyleaf reserves the right to restrict the number of points redeemed within any given period of time.
  8. Expiration of Points. Points expire within 200 days if they aren’t used.
  9. No Cash Value of Points. Rewards do not constitute property, do not entitle you to a vested right or interest. Points accrued in connection with the Program are promotional, have no cash value, cannot be transferred to anyone else, and cannot be redeemed for cash, gift cards, or e-gift certificates.
  10. Taxes. All costs and expenses associated with the acceptance and use of Rewards and/or any benefit not included in the Reward description as being provided (including, but not limited to, all federal, state, provincial, and local taxes) will be your sole responsibility.
  11. Return of Products. If you return any product that was purchased in whole or in part by redeeming Points and Joyleaf accepts the return, Joyleaf will credit to your account the number of Points that were used for that purchase. If you return any product for which Points were earned as part of a Qualified Purchase, Joyleaf will deduct the Points that you earned for that Qualified Purchase from your account, potentially resulting in a zero Point balance on your Joyleaf account; however, it will not result in a negative Point balance.
  12. Communications by and with Joyleaf and its Affiliates. As a consequence of enrolling in the Program, you may receive transactional emails and SMS text communications about the Program, including but not limited to communications regarding Qualified Purchases and Points and Rewards. You consent to receiving these communications.
  13. Opting Out of the Program. You can choose to opt out of the Program at any time. Opting out of the Program does not cancel your Joyleaf account. If you opt out of the Program and continue purchasing products, you will not earn Points on those purchases; however, Points you earned while you were enrolled in the Program will remain available in your account until the Points expire. You will not have the ability to redeem your Points while opted out of the Program. You may opt back into the Program at any time, and resume earning Points on Qualified Purchases and redeem any unexpired Points in your account. To opt out of email messaging, follow the unsubscribe link at the bottom of any email. To opt out of text messaging, follow the opt-out prompt included in any text message. To completely opt out of the Program, contact our store in NJ.
  14. Data Privacy and Terms of Use. By enrolling in the Program, you agree to be bound by Joyleaf’s Privacy Policy at Joyleaf’s Website Terms and Conditions at https://www.joyleaf.com/. Please read Joyleaf’s Privacy Policy and Website Terms and Conditions carefully to understand how Joyleaf collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you. Joyleaf may rely on or cooperate with certain third parties to implement some or all of the Program. You may be presented with the privacy policies and terms of use of those third parties, and your registration with and use of the Program indicates your agreement to such policies and terms.
  15. Changes to These Terms. Joyleaf reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. The amendments or modifications to the Program that Joyleaf may make include, but are not limited to, any of the following changes: (i) change the Products that are eligible to earn Points; (ii) increase or decrease the number of Points earned on a Qualified Purchase; (iii) increase or decrease the number of Points required to earn a Reward; (iv) increase or decrease the time period for the expiration of Points; (v) cease providing membership benefits; (vi) change the eligibility or method of becoming a member; or (vii) changes to Program rules or rewards. Electing to remain a member after a change in the Terms constitutes your acceptance of the revised Terms.
  16. Termination/Removal from the Program. Joyleaf reserves the right to terminate your participation in the Program based on inactivity or if Joyleaf determines, in its sole discretion, that you have violated these Terms or that the use of your Program account is unauthorized, deceptive, fraudulent or otherwise unlawful. In the event that your participation in the Program is terminated, all accrued Points in your account will automatically expire.
  17. Regulations in the Cannabis Industry. Marihuana remains a Schedule I Drug. The cultivation, processing, sale, and possession of marihuana and products containing marihuana, the manufacture, sale, and possession of marihuana paraphernalia, and advertising the sale of marihuana, marihuana products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding marihuana in your jurisdiction. All Joyleaf marihuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by Joyleaf are forbidden for resale or interstate transport.
  18. Warranties by Users. You represent and warrant to Joyleaf that you have the power and authority to accept and agree to these Terms, and you own or control all the rights necessary to grant the rights and licenses granted herein.
  19. Limitation of Liability. You acknowledge and agree that, to the maximum extent not prohibited by law:
    • Your use of the Program are at your own risk;
    • You are solely responsible for, and assume all risks related to, the proper and safe handling, storage, use and consumption of all products sold or distributed through the Program. You are also solely responsible for knowing about any allergies you may have and verifying products and their contents before handling, preparing, using or consuming such products. You are responsible for reading and understanding all warning labels that accompany any products;
    • Under no circumstance (including negligence), shall Joyleaf or any of the parties involved in creating or producing the Program be liable for any incidental, special, consequential, indirect, or punitive damages or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements), which may arise, directly or indirectly, from the services or through the access to, inability to access, use of, or browsing of the sites or through your downloading of any Joyleaf content or other materials, data, text, images, video or audio from the sites, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections even if Joyleaf has been advised of such incidents; and
    • Joyleaf is not responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Joyleaf’s reasonable control, including but not limited to force majeure events, communications line failure, theft, destruction, or unauthorized access to the services or sites’ records, programs, or services.

Some jurisdictions do not allow the limitation orexclusion of liability for incidental or consequential damages; as a result,the above limitation or exclusion may not apply to you. If the foregoinglimitation of liability is determined by a court of competent jurisdiction tobe unenforceable, Joyleaf’s aggregate liability arising out of, or inconnection with these Terms shall be limited to Ten Dollars ($10). To thefullest extent permitted by applicable law, you, on behalf of your heirs,executors, administrators, legal and personal representatives, hereby release,waive, acquit, and forever discharge Joyleaf from and against all claims youhave or may have arising out of or in any way related to these terms or theservices provided hereunder. If you are a California resident, you hereby waiveyour rights under California Civil Code 1542, which states: “a general releasedoes not extend to claims that the creditor or releasing party does not know orsuspect to exist in his or her favor at the time of executing the release, andthat if known by him or her would have materially affected his or hersettlement with the debtor or released party.” You acknowledge and agree thatthe warranty disclaimers and limitations of liability set forth above areessential elements of the basis of the bargain between Joyleaf and you, andwill survive and apply even if your remedies are found or alleged to havefailed of their essential purpose.

  1. Governing Law and Dispute Resolution. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Joyleaf have against each other are resolved. You acknowledge that you are waiving the right to go to court and have a claim heard by a judge or jury. The Terms shall be governed by and interpreted in accordance with the laws of the State of New Jersey.
  2. ARBITRATION AND CLASS ACTION WAIVER. Any dispute, claim or controversy arising out of or relating to these Terms of Service or the Website or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New Jersey before one arbitrator. The arbitration shall be administered by JAMS pursuant to its JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. With respect to the cost of the arbitration, when a consumer initiates arbitration against the company, the only fee required to be paid by the consumer is $250, which is approximately equivalent to current Court filing fees. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. To the fullest extent permitted by applicable law, you and Joyleaf each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Joyleaf each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action or proceeding by you or Sweed be instituted more than one (1) year after the cause of action arose. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Joyleaf each agree to the exclusive jurisdiction of the Federal and State courts located in New Jersey, and you and Joyleaf each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Joyleaf’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms are an agreement between you and Joyleaf. If you have any questions about these Terms, please contact us at:

Joyleaf NJ 711 east First Ave, Roselle NJ 07203

This document was last updated on November 13, 2023 Joyleaf, All rightsreserved.

 

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