Terms of Use

1. CHANGES
2. GENERAL USE
3. NOTICE REGARDING MEDICAL ADVICE
4. MOBILE APPLICATIONS
5. GEO-LOCATION TERMS
6. USING THE WEBSITE AND THE WEBSITE’S SERVICES
7. PASSWORD RESTRICTED AREAS OF THIS WEBSITE
8. PAYMENTS
9. PRIVACY POLICY
10. THIRD PARTY CONTENT
11. UNAUTHORIZED ACTIVITIES
12. PROPRIETARY RIGHTS
13. INTELLECTUAL PROPERTY INFRINGEMENT
14. DISCLAIMER OF WARRANTIES
15. LIMITATION OF LIABILITY
16. LOCAL LAWS; EXPORT CONTROL
17. FEEDBACK
18. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
19. LANGUAGE
20. GENERAL
21. LOYALTY PROGRAM
22. CONTACT US

Welcome to our website and thank you for visiting. We hope You enjoy the experience!

These Terms of Service (“Terms”) are a legal contract between You and Us, NGW Holdings, LLC (“NGW”)
(collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, images,
photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You,
as well as any services (“Services”) We may provide through any of Our websites (all of which are referred to in these
Terms as this “Website”) and software We provide to You that allows You to access the Website from a mobile device
(a “Mobile Application”).

READ THESE TERMS CAREFULLY BEFORE BROWSING OR USING THIS WEBSITE. BY ACCEPTING
THESE TERMS OR BY USING THE WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT
THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION,
INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH
RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING
INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

1. CHANGES.
We may alter the Materials and Services We offer You and/or choose to modify, suspend or discontinue this Website
at any time and without notifying You. We may also change, update, add or remove provisions (collectively,
“modifications”) of these Terms from time to time. Because Everyone benefits from clarity, We promise to inform
You of any modifications to these Terms by posting them on this Website and, if You have registered with Us, by
describing the modifications to these Terms in an email that We will send to the address that You provided during
registration. To be sure We properly reach Your email inbox, We just ask that You let Us know if Your preferred
email address changes at any time after Your registration.
If You object to any such modifications, Your sole recourse shall be to cease using this Website. Continued use of
this Website following notice of any such modifications indicates You acknowledge and agree to be bound by the
modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms
located on particular pages of this Website. These expressly-designated legal notices or terms are incorporated into
these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

2. GENERAL USE.
By using this Website, You promise that You are at least 21 years of age. You may be asked to verify that You meet
the heightened age and/or other eligibility requirements during Your use of the Website or Services and You hereby
agree that You shall not misrepresent Your age. The Website and Services are not available to minors.
We invite You to use this Website for individual, consumer purposes (“Permitted Purposes”) – enjoy!
In these Terms we are granting You a limited, personal, non-exclusive and non-transferable license to use and to
privately display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms.
You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create
derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any
manner. If You make copies of any of this Website while engaging in Permitted Purposes then We ask that You be
sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.
Unfortunately, if You breach any of these Terms the above license will terminate automatically and You must
immediately destroy any downloaded or printed Materials (and any copies thereof).
Certain sections or pages on this Website may contain separate terms, conditions, disclosures or disclaimers, which
are in addition to these Terms. In the event of a conflict, the additional terms, conditions, disclosures and disclaimers
will govern for those sections or pages.

3. NOTICE REGARDING MEDICAL ADVICE.
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE.
NOTHING STATED OR POSTED ON THIS WEBSITE OR AVAILABLE THROUGH ANY SERVICES ARE
INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE WEBSITE
MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS
WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A
SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK
THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY
QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD
PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE
OBTAINED THROUGH THIS WEBSITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY,
CALL YOUR DOCTOR OR 911 IMMEDIATELY.

4. MOBILE APPLICATIONS.
We make available Mobile Applications to access the Website via a mobile device. To use the Mobile Application
You must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile
Application will be compatible with Your mobile device. We hereby grant to You a non-exclusive, non-transferable,
revocable license to use an object code copy of the Mobile Application for one registered account on one mobile
device owned or leased solely by You, for Your personal use. You may not: (i) modify, disassemble, decompile or
reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii)
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use
the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the
Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of
the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile
Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other
proprietary rights notices on the Mobile Application. You acknowledge that We may from time to time issue
upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile
Application that You are using on Your mobile device. You consent to such automatic upgrading on Your mobile
device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the
Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and
interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges
may apply to Your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that We provide to You
designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
• Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
• We, and not Apple, are solely responsible for Our iOS App and the Services and Materials available thereon.
You acknowledge that Apple has no obligation to provide maintenance and support services with respect to
Our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation
whatsoever with respect to Our iOS App.
• You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party
relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i)
product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are
governed solely by these Terms and any law applicable to Us as provider of the iOS App.

• You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the
investigation, defense, settlement and discharge of any third-party intellectual property infringement claim
related to Our iOS App or Your possession and use of Our iOS App.
• You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii)
You are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You
must not be in violation of Your wireless data service terms of agreement when using the iOS App).
• The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they
relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right
(and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your
license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that We provide to You
designed for use on an Android-powered mobile device (an “Android App”):

• You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
• Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where You obtained the Android App. We, and not Google,
are solely responsible for Our Android App and the Services and Materials available thereon. Google has
no obligation or liability to You with respect to Our Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our
Android App.

5. GEO-LOCATION TERMS.
The Services include and make use of certain functionality and services provided by third-parties that allow Us to
include maps, geocoding, places and other content from Google as part of the Services (the “Geo-Location Services”).
Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google
Earth (http://www.google.com/intl/en_us/help/terms_maps html) and by using the Geo-Location Services, You are
agreeing to be bound by Google’s Terms of Use.

6. USING THIS WEBSITE AND THE WEBSITE’S SERVICES.
We appreciate You visiting this Website and allow You to do just that – stop by and leisurely check it out without
even registering with Us!
However, in order to join Our loyalty program and to use certain Services and Materials offered on and through this
Website, You must successfully register an account with Us.

7. PASSWORD RESTRICTED AREAS OF THIS WEBSITE.
If You want an account with Us, You must submit the following information through the account registration page on
this Website:

• A working email address;
• First and last name;

• Zip code;
• Phone number;
• Preferred username and password.

In addition, in order to use the Website and Mobile Application or to sign-up for rewards, You must provide your date
of birth. You may also provide additional, optional information, such as your physical address, so that We can provide
You a more customized experience when using this Website –but, We will leave that decision with You. For so long
as You use the account, You agree to provide true, accurate, current, and complete information which can be
accomplished by logging into Your account and making relevant changes directly or contacting Us using the below
contact information and We can make the changes for You.
You are responsible for complying with these Terms when You access this Website, whether directly or through any
account that You may setup through or on this Website. Because it is Your account, it is Your job to obtain and
maintain all equipment and services needed for access to and use of this Website as well as paying related charges.

It is also Your responsibility to maintain the confidentiality of Your password(s), including any password of a third-
party site that We may allow You to use to access this Website. Should You believe Your password or security for

this Website has been breached in any way, You must immediately notify Us.

8. PAYMENTS.
You agree to pay all applicable fees related to Your use of this Website and Our Services, including, but not limited
to, Your purchase of products, which fees are described on Our online menu page or other page(s) describing fees.
In the event that you believe a product that was purchased by You is defective, in order to be eligible for a refund You
must send a video of the product and pictures of the receipt to the store in which you made the purchase. DO NOT
return the product to the store. If the defect can be validated you may be entitled to receive a refund of your product
purchase solely in the form of an in-store credit from the store from which You purchased that product.

9. PRIVACY POLICY.
We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use
that information. So, please review Our Privacy Policy (“Privacy Policy”) https://www.budrista.club/privacy-policy,
which explains everything.

10. THIRD PARTY CONTENT
Certain Materials may be provided by third-party licensors and suppliers to the Company (“Third-Party Content”)
where separate and additional terms govern the use of that Third-Party Content. You can review those separate and
additional terms here: Terms of Service | dutchie.

11. UNAUTHORIZED ACTIVITIES.
To be clear, We authorize Your use of this Website only for Permitted Purposes. Any other use of this Website
beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is
because as between You and Us, all rights in this Website remain Our property.
Unauthorized use of this Website may result in violation of various United States and international copyright laws.
Because We prefer keeping this relationship drama-free, We want to give You examples of things to avoid. So,
unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of
the following ways (these are examples only and the list below is not a complete list of everything that You are not
permitted to do):

• For any public or commercial purpose which includes use of this Website on another site or through a
networked computer environment;
• In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order,
treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
• To interfere with or disrupt this Website or servers or networks connected to this Website;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with this
Website; or
• Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems,
or networks connected to this Website, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Us if You violate these Terms or applicable law and that violation results in a
problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation.
You alone are responsible for any violation of these Terms or applicable law by You. We reserve the right to assume
the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You
agree to cooperate with Our defense of such claim.

12. PROPRIETARY RIGHTS.
Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our
sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by
applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted
material is strictly prohibited without the express written consent of the copyright owner or license.

13. INTELLECTUAL PROPERTY INFRINGEMENT.
We respect the intellectual property rights of others and encourage You to do the same. Accordingly, We have a policy
of removing user submissions that violate intellectual property rights of others, suspending access to this Website (or
any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or
terminating in appropriate circumstances the account of any user who uses this Website in violation of someone’s
intellectual property rights.
Pursuant to Title 17 of the United States Code, Section 512, We have implemented procedures for receiving written
notification of claimed copyright infringement and for processing such claims in accordance with such law. If You
believe Your copyright or other intellectual property right is being infringed by a user of this Website, please provide
written notice to Our Agent for notice of claims of infringement:

Attn: Claire O’Hern, DMCA Agent
Email: legal@naturesgraceandwellness.com

To be sure the matter is handled immediately, Your written notice must:

• Contain Your physical or electronic signature;

• Identify the copyrighted work or other intellectual property alleged to have been infringed;
• Identify the allegedly infringing material in a sufficiently precise manner to allow Us to locate that material;
• Contain adequate information by which We can contact You (including postal address, telephone number,
and e-mail address);
• Contain a statement that You have a good faith belief that use of the copyrighted material or other intellectual
property is not authorized by the owner, the owner’s agent or the law;
• Contain a statement that the information in the written notice is accurate; and
• Contain a statement, under penalty of perjury, that You are authorized to act on behalf of the copyright or
other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address
the listed concern.

Submitting a DMCA Counter-Notification

We will notify You that We have removed or disabled access to copyright-protected material that You provided, if
such removal is pursuant to a validly received DMCA take-down notice. In response, You may provide Our Agent
with a written counter-notification that includes the following information:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which
the material appeared before it was removed or access to it was disabled;
3. A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed
or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court
for the judicial district in which Your physical address is located, or if Your physical address is outside of the United
States, for any judicial district in which We may be located, and that You will accept service of process from the
person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

We reserve the right, in Our sole discretion, to terminate the account or access of any user of this Website or Service
who is the subject of repeated DMCA or other infringement notifications.

14. DISCLAIMER OF WARRANTIES.
THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU. All information provided on this Website
is intended for informational purposes only. The information is not warranted to be accurate, timely or complete, nor
is any information intended to constitute advice. Many factors unknown to Us may affect the applicability of any
statement or comment made on the Website to Your particular circumstances.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY)
WITH RESPECT TO THIS WEBSITE, SERVICES AND MATERIALS, WHICH INCLUDES BUT IS NOT
LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, QUALITY, SUITABILITY, OPERABILITY, COMPLETENESS OF

ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, AND NON-
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without
limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that
this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We
make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability
of any information obtained through this Website. No advice or information, whether oral or written, obtained by You
through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim
all equitable indemnities.

15. LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USING,
DISPLAYING, COPYING, RELYING UPON, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS
WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE
BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER
ECONOMIC ADVANTAGE HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH
DAMAGE.

16. LOCAL LAWS; EXPORT CONTROL.
We control and operate this Website from Our headquarters in the United States of America and the entirety of this
Website may not be appropriate or available for use in other locations. If You use this Website outside the United
States of America, You are solely responsible for following applicable local laws.
Further, the products and Services described on this Website are only offered in jurisdictions where they may be
legally offered for sale. This Website is not intended for distribution to, or use by, any person or entity in any
jurisdiction where such distribution or use would be contrary to local law or regulation.

17. FEEDBACK.
Any submissions by You to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through
any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.
Except as prohibited by applicable law, You hereby assign all right, title, and interest in, and We are free to use,
without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual
property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever,
including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling,
directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by
law, You hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right
to sublicense) to use and exploit all Feedback as We may determine in our sole discretion. Notwithstanding the
foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas,
know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display,
reproduction, or distribution.

18. DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based
in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent
inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope

of this Provision (with the exception of the enforceability of the Class Action Waiver clause below)) that may arise
between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any
claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers,
dealers or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because
acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunity to be heard by a
judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there
is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these
Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out
of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury,
and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED
ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR
IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

18.1 Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute
which is first done by emailing to Us at legal@naturesgraceandwellness.com the following information: (1) Your
name, (2) Your address, (3) a written description of Your Claim, and (4) a description of the specific relief You seek.
If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute
in arbitration. You may pursue Your dispute in a court only under the circumstances described below.

18.2 Exclusions from Arbitration/Right to Opt-Out

Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) the
dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION
PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the
“Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at legal@naturesgraceandwellness.com the
following information: (1) Your name; (2) Your address; and (3) a clear statement that You do not wish to resolve
disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We
promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship
with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after
the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.

18.3 Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either
You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or
JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.
The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class
arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide,
including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-
Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will

apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA
rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS
Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For
Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-
352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no
circumstances will class action or representative procedures or rules apply to the arbitration.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the
arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA
and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to
applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a
party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons
unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except
for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having
jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or We may initiate arbitration in either Illinois or the federal judicial district that
includes Your billing address.
Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to commencement of the
arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees,
costs and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the
arbitration. But, You will still be responsible for all additional fees and costs that You incur in the arbitration which
include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under

applicable law, if You provide notice and negotiate in good faith with Us as provided in the section above titled “Pre-
Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You

will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

18.4 Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and
may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action,
consolidated action, representative action, or private attorney general action) unless both You and We specifically
agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by
opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You.
Neither You, nor any other user of this Website can be a class representative, class member, or otherwise participate
in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

18.5 No Judge or Jury in Arbitration

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms You and
We are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this
Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or
jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as
otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the
rights to both appeal and certain types of discovery) may be more limited or may also be waived.

18.6 Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or
unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If
the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and
the dispute will be decided by a court.

18.7 Continuation

This Provision shall survive the termination of Your account with Us or Our affiliates and Your discontinued use of
this Website. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change
to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to
adhere to the present language in this Provision if a dispute between Us arises.

19. LANGUAGE.
The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted
in the English language.

20. GENERAL.
We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We
will tell You. We will even provide You with recommended necessary corrective action(s) because We value this
relationship.
However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access
to this Website without prior notice to You. The Federal Arbitration Act, Illinois state law and applicable U.S. federal
law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply.
Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will
be heard in the courts located in Fulton County, Illinois. If any of these Terms are deemed inconsistent with
applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be
modified. By choosing not to enforce any of these Terms, We are not waiving Our rights. These Terms are the
entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions
or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations
made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

21. Loyalty Program Terms & Conditions
Your enrollment in the Budrista Club Program is subject to these Terms, which may be changed at any time. You
agree to and are bound by the terms and conditions and policies in these Terms.

21.1 How Do I Sign Up
This program is available to all customers, including patients, caregivers and adult use purchasers 21 years of age and
older. Customers may receive texts or email communications from the Budrista Club. Customers consent to receive
texts and emails at the phone number and/or email provided upon sign up. Upon enrollment and download of the
Budrista Club App, customers may receive push notification communication from the Budrista Club. Customers may
only hold one (1) loyalty account. Anyone attempting to bypass this policy may be disqualified from participating in
the loyalty program. Upon enrolling into the loyalty program, the customer is agreeing that all information that they
input is accurate and truthful. The Customer will be required to submit their name, birthdate, zip code and phone
number.

21.2 How Do my Points Accrue:
Points accrue at a rate of one (1) loyalty point (each, a “Point”) for every $1 spent on the total qualifying purchase of
both cannabis and non-cannabis products (net of discounts, returns, credits and taxes) made at any participating
dispensary. 100 points equals $5 in store credit. There is no maximum on the amount of points You can earn.
Points may be used and combined with other valid offers. You can track points via the “Customer Wallet” that can
be accessed via a secure website or via Our mobile application.
We reserve the right, at any time and without notice to You, to modify, suspend or discontinue the program. By
entering the program, You agree that we will not be liable to you or to any third party for any modification, suspension
or discontinuance of the Program.

21.3 How To Redeem Points
Points are deducted from the Customer’s Loyalty Account balance at the time of redemption.

In the event of a dispute concerning the identity of a Customer, the Customer will be declared the registered Loyalty
Account holder of the phone number associated with the Loyalty Account, but only if that person meets all other
eligibility criteria.
Points are exclusive to the participating stores.
Your Points will expire after 1 year from your last purchase.
Points are non-transferable and can only be redeemed by the Customer associated with the Loyalty Account and phone
number. The Customer name on the Loyalty Account must match the valid picture ID (driver’s license, passport, etc.)
that matches the name printed on the Loyalty Account presented at the time of purchase. If the ID does not correspond
to the Loyalty Account name, the Points cannot be redeemed.
Points cannot be redeemed for cash or credit.
Points will not be refunded with returns if Points were redeemed during such transaction.
Points are not valid on and cannot be redeemed for: (1) Previous purchases; or (2) taxes or processing charges.
Lost or stolen Points will not be replaced. You agree that you are solely responsible for maintaining the confidentiality
of your Loyalty Account login information and are fully responsible for all activities that occur under your Loyalty
Account. In the case that your Loyalty Account is terminated, these Terms shall remain, to the extent applicable, in
full force and effect.
Points cannot be sold or otherwise bartered.
If the total sale is greater than the Points being redeemed, Customer must provide payment prior to completing the
transaction.
Customer shall have the responsibility of ensuring that his or her Points are properly credited. If a Customer believes
that Points were not properly accrued to his or her Loyalty Account, the Customer must provide notification within
six (6) months of the date of claimed accrual of Points. We shall have no liability for any printing, production,
typographical, mechanical or other errors or for any delay or failure to credit Points to Customer’s Loyalty Account.

21.4 Disqualifying Activities
Suspension of your Loyalty Account and canceling Points accrued may occur if we detect any of the following
activities, but not limited to:
(i) engaging in illegal or fraudulent activities;
(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to;
(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Points other than in
accordance with these terms and conditions; or
(iv) excessive accruing of Points (via fraud or other means).

21.5 Other Terms
THE PROGRAM IS SUBJECT TO APPLICABLE LAW AND APPROVAL BY INDIVIDUAL U.S. STATES. WE
RESERVE THE RIGHT TO DISCONTINUE THE PROGRAM, FOR ANY REASON, AT ANY TIME, WITHOUT
NOTICE.

We and all subsidiaries and affiliates are not responsible for: (a) misdirected, late, lost, garbled, unintelligible,
damaged, stolen, non-delivered or postage-due communications or other Program-related materials whether caused
by Customers, wireless carriers, Internet Service Providers (“ ISP”) or unauthorized human intervention; (b) any
damage to a Customer’s or other person’s computer system or digital device which is caused or occasioned by
participating in the Program or attempting to redeem Points; (c) technical difficulties or failures of any kind including,
but not limited to, lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet, digital device or
wireless carriers, websites or other connections, availability or accessibility problems arising in connection with or
over the course of the Program; (d) miscommunications, failed, jumbled, scrambled, delayed, dropped, interrupted,
lost, non-delivered or misdirected computer, telephone, digital device, email, mobile or cable transmissions or
hardware, software, program or programming malfunctions, failures or difficulties of any kind including, but not
limited to: malfunctions, interruptions or disconnections in transmissions or connections, phone lines, network
hardware or software, computers, equipment, programming errors, cable, satellite, cellular tower, or ISP or wireless
carriers; (e) any technical malfunctions, failures or difficulties, printing errors, clerical, typographical or other errors
in these Terms, any Program advertisement, on the Wallet or other materials; (f) any errors or failures of any kind,
whether human, mechanical, clerical, electronic, interruption of power, digital, mobile or technical in nature, or
unauthorized human intervention; (g) any incorrect or inaccurate information, whether caused by tampering or
hacking, or by any equipment or programming associated with, or utilized in the Program, including, without
limitation, redemptions that are submitted by automated computer programs or other illegitimate means; or (h) the
incorrect or inaccurate capture of information or the failure to capture or loss of any information.

If you have any questions or concerns regarding the Program, please contact us at
legal@naturesgraceandwellness.com.

We reserve the right to terminate a Customer’s Program membership, and void any Points accumulated in such Loyalty
Account(s), if the Customer appears to have violated any of the Terms or any applicable law, or earns Points via
deception, forgery, fraud, or commit any other abuse of the Program.

22. CONTACT US.
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at:

NGW Holdings, LLC
ATTN: Claire O’Hern
PO Box 223
Vermont, IL 61484
(309) 784-2056
legal@naturesgraceandwellness.com.