Terms of Service

These Terms of Service (“Terms”) govern you use of our websites located at http://breezecanna.com and http://shop.breezecanna.com/ (collectively, “Website”), and any related services including retail purchases (collectively, the “Services”). The Website and Services are owned and operating by BC Brands LLC and its affiliates (collectively “Breeze Canna,” “us,” “our,” or “we”). By accessing or using our Website and Services, you (“you,” “user,” or “customer”) agree to be legally bound by these Terms and our Privacy Policy.

If you do not agree to these Terms or our Privacy Policy, do not use or access the Website or Services.

Eligibility And Age Requirements

You must be 21 years of age or older to access the Website or purchase marijuana products through Breeze Canna’s licensed affiliates. By using our Services, you present and warrant that: (1) you are at least 21 years old; and (2) any information you provide is true and accurate.

Compliance with Local and State Laws

Marijuana remains illegal under U.S. Federal law. By using the Services, you acknowledge (1) Breeze Canna operates in compliance with applicable state marijuana regulations; and (2) you are solely responsible for understanding the laws that apply to marijuana possession and use in your jurisdiction. You agree that (1) you will not use the Services for any unlawful purpose; and (2) you will not attempt to purchase or receive marijuana products in any location where doing so is illegal.

Not Medical Advice; Products Not FDA Approved

The contents of the Website, including any text, graphics, images, or information obtained (“Content”) are for informational purposes only. The statements made on this Website have not been evaluated by the Food and Drug Administration (“FDA”). The efficacy of medicinal marijuana products has not been confirmed by FDA-approved research. Medicinal marijuana products are not intended to diagnose, treat, cure or prevent any disease. The Content is not intended to be a substitute for professional medical advice, counseling, 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 something you have read on the Website.

About Breeze Canna

What Breeze Canna Does?

Breeze Canna does not sell products via its Website, and any website or e-commerce purchase occurs through independently-owned licensed retailers (“Retailers”) linked to or referred from the Website. Neither Breeze Canna, nor its Website are medical providers, and you acknowledge that Breeze Canna does not provide medical advice via the Website, its Services, its Retail affiliates or otherwise.

Retailers and State or Provincial Law

Breeze Canna licenses its branding and recipes to affiliate licensed operators who manufacture and distribute its curated collection of marijuana products and smoking accessories. All products sold are intended for legal use only. It is your responsibility to know and comply with your local laws regarding the use of marijuana products and smoking products and accessories. You may only place orders for, or request deliveries of, products through our licensed Retail Affiliates. You must use the Services, in compliance with the laws and regulations of the state or province in which you access the Services and all applicable federal laws, excepting only (if you are located in the United States) for federal laws and regulations related to marijuana (“Applicable Laws”). Depending on your location, payment for any goods or services may be made in-person at a Retailer or authorized delivery location upon validating your identity, or additional documents as may be required by Applicable Laws or the Retailer. You agree and acknowledge that the features of the Website and Services may vary depending upon the state or province in which you access the Website and Services.

Federal Law

Breeze Canna makes no representation regarding the legality of the cultivation, manufacture, distribution and possession of marijuana, assisting with or conspiring to do the same, or any such activities by or through the Services under United States federal law. You are responsible for any civil, criminal, or administrative investigations, proceedings or penalties that may result from Your use of the Services. Breeze Canna expressly disclaims any such liability or responsibility.

Third Party Retailers Provide Website Sales

Breeze Canna does not make any sales via the Website or offer products for sale via its Website. All website purchases occur through independently-owned licensed Retailers that operate wholly independently from Breeze Canna and, as such, all purchases are subject to those third-party terms of use/service and privacy policies. Breeze Canna does not control Retailer pricing, inventory, fulfillment, promotions, or transaction processes. Breeze Canna is not responsible for any third-party Retainer conduct or activity conducted via any third-party websites.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

Geolocation

To comply with state and provincial laws regarding certain of the Services, the medical and/or recreational distribution, possession, and use of marijuana, Breeze Canna must be able to obtain your approximate geographic location, via IP address lookup or otherwise. If you access the Website via a mobile device and disable location services on that device or otherwise elect not to provide us with information regarding your location, you will not be able to access certain features of the Website. Additionally, certain features of the Website may not be available depending on your location.

Our practices regarding privacy and communicating with users in operating the Services are described in our Privacy Policy. Please review our Privacy Policy to learn about what information we collect from you, how we use and share it, and how we communicate with our users.

Messaging

By providing your email address to us through Website, the Services or to a Dispensary, you expressly consent to receive informational and transactional messages email address provided. Consent is not required as a condition of your use of the Services but may be required to utilize or experience specific features of the Services. You may opt-out of receiving marketing messages at any time by clicking the “unsubscribe” link at the bottom of any marketing email.

License and Restrictions; Ownership

License Grant

Subject to your compliance with these Terms, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to access and use the Website, for your personal use only, and subject to the limitations set forth in these Terms, including those in the User Restrictions below. We reserve all rights not expressly granted to you pursuant to these Terms. The limited rights granted to you to access and use the Website are a limited license and do not constitute the sale of any software program.

Use Restrictions

You agree that: (i) you will not use the Website or Services if you are not fully able and legally competent to agree to these Terms and of the required legal age; (ii) you will only use the Website and Services in full compliance with Applicable Laws; (iii) you will not use the Website for sending or storing any material prohibited by Applicable Laws or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (iv) you will not use the Website to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Website or Services to cause nuisance, annoyance or inconvenience; (vi) you will keep secure and confidential your account password or any identification we provide you which allows access to the Website; and (vii) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request.

Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Website in any unauthorized manner, including in any service bureau arrangement; (ii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Website, or any part thereof in any form or manner or by any means; (iii) harvest or scrape any content or data from the Website; (iv) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Website; (v) decompile, disassemble, reverse compile, reverse assemble, reverse translate, reverse engineer or otherwise use any means to discover the source code of any part of the Website, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by Applicable Laws); (vi) otherwise circumvent any functionality that controls access to or otherwise protects the Website; or (viii) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of Breeze Canna and its licensing affiliates. If you breach these restrictions, you may be liable for any damages that result from your conduct.

The Website and its content, including its “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials accessed through or on the Website, including all right, title and interest in the same (including any and all patent, copyright, trade secret, trademark, know-how and any other intellectual property rights therein), are owned by Breeze Canna and its licensors, and are protected under intellectual property, copyright, trademark and other laws. You agree not to take any action(s) inconsistent with such ownership interests.

Feedback and Revisions

Any and all: (i) suggestions for correction, change and modification to the Website and other feedback (including but not limited to quotations of written or oral feedback), information and reports you provide to Breeze Canna (collectively “Feedback”); and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Breeze Canna or otherwise relating to the Website (collectively, “Revisions”), are and will remain the property of Breeze Canna. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Website or in any such Feedback or Revisions. You agree that by providing Feedback or Revisions to Breeze Canna that they become the sole and exclusive property of Breeze Canna and Breeze Canna may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to Breeze Canna any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions.

User Content License Grant

The Services may require you to rate (on a five-star scale) each transaction you complete with a Retailer which is associated with the Services. You will also have the option to submit written feedback regarding the goods or services you received via such transaction. As a condition of your use of the Services, you hereby grant to Breeze Canna a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicensable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Services (“Your Content”). By posting or submitting Your Content through the Services, you represent and warrant: (i) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (ii) that Your Content is accurate; and (iii) that use of Your Content does not violate these Terms or our Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services, including in the forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SOLUTION.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Breeze Canna, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this Website.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to it@breezecanna.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Breeze Canna. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The name Breeze Canna, <<insert other trademarks>> and each of their respective logos, product and services names, designs, and slogans are trademarks of Breeze Canna or its affiliates or licensors. You must not use such marks without the prior written permission of Breeze Canna. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.

• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate Breeze Canna, a Breeze Canna employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Breeze Canna or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.

• Send emails or other communications with certain content, or links to certain content, on this Website.

• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Link to any part of the Website other than the homepage.

• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply with these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links From the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only, including allowing you to order products from Retailers for whom we are not liable. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Michigan in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Breeze Canna respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact Breeze Canna by email at it@breezecanna.com, telephone at (586) 663-6022, or by mail at:

Breeze Canna

c/o Nowfal Akash

25855 Groesbeck Hwy.

Warren, MI 48089

it@breezecanna.com

Promotions

From time to time, and in our sole discretion, we may advertise affiliated Retailers’ promotions, discounts, coupon codes, loyalty programs, giveaways, sweepstakes, contests, referral programs, or other promotional offerings (collectively, “Promotions”) through the Website, our mobile experiences, email, social media, third-party platforms, or in connection with purchases, deliveries, or in-store activity. Some Promotions may be offered on an ongoing or recurring basis (including “evergreen” Promotions) and may remain available until we (or the associated Retailer(s)) modify, suspend, or terminate them.

Additional Promotion Terms

Each Promotion may be subject to additional terms, conditions, eligibility requirements, rules, and/or disclosures (the “Promotion Rules”), which may be posted on the Website, presented at redemption, or otherwise communicated in connection with the Promotion. By participating in a Promotion, you agree to the Promotion Rules and these Terms. If there is a conflict between these Terms and any Promotion Rules, the Promotion Rules will control for that Promotion.

Eligibility and Age Verification

Promotions are open only to individuals who: (a) are at least twenty-one (21) years of age at the time of participation and redemption, and (b) are legally permitted to participate in the Promotion under applicable law. We may require age and identity verification (including requesting government-issued identification) at any time, and we may deny or revoke Promotion participation, benefits, prizes, or redemption if we reasonably believe you do not meet eligibility requirements or have violated these Terms or any Promotion Rules.

Participation Requirements and Compliance

Participation in Promotions is subject to all applicable federal, state, and local laws, rules, and regulations. You agree not to engage in fraud, tampering, automated entry, manipulation, deceptive activity, or any conduct that we determine (in our sole discretion) undermines the integrity or intended operation of a Promotion. We may disqualify any participant or void any entry, redemption, benefit, discount, or prize if we determine (in our sole discretion) that the participant has violated these Terms, the Promotion Rules, or applicable law, or has attempted to interfere with a Promotion.

Unless expressly stated in applicable Promotion Rules, Promotions:

have no cash value and are not redeemable for cash;
may be nontransferable and may be limited to one per person, per account, per household, per device, and/or per transaction;
may be subject to inventory limits, availability, substitution, or other restrictions;
may not be combined with other offers; and
may be subject to expiration and/or redemption windows.

Void Where Prohibited

Promotions are void where prohibited, taxed, restricted, or otherwise limited by law. We do not represent that Promotions are available or lawful in every jurisdiction, and you are responsible for ensuring your participation is lawful where you are located.

Sponsor; Administrator; Third Parties

Unless otherwise stated in the applicable Promotion Rules, the sponsor of Promotions is BC Brands LLC dba Breeze Canna (“Sponsor”). Sponsor may administer Promotions directly or through one or more third-party service providers (each, an “Administrator”). Sponsor and Administrators may partner with third parties in connection with a Promotion, in which case those third parties may be identified in the Promotion Rules. No third party is responsible for a Promotion unless expressly stated in the Promotion Rules.

Release and Limitation of Liability

To the fullest extent permitted by law, by participating in any Promotion, you agree to release and hold harmless Sponsor, its parent companies, affiliates, subsidiaries, officers, directors, employees, agents, representatives, successors, assigns, and any Administrators and other Promotion-related third parties (collectively, the “Released Parties”) from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) participation in the Promotion; (b) acceptance, receipt, possession, use, misuse, or inability to use any Promotion benefit, discount, or prize; (c) any errors in the administration of the Promotion (including printing, typographical, human, technical, or other errors); (d) late, lost, stolen, incomplete, invalid, unintelligible, misdirected, or undelivered entries, communications, redemptions, or transactions; or (e) technical failures of any kind, including outages, interruptions, or availability issues related to the Website or any connected systems.

To the fullest extent permitted by law, in no event will the Released Parties be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from or related to any Promotion, even if advised of the possibility of such damages. Any liability that cannot be excluded is limited to the minimum amount required by applicable law.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above limitations may not apply to you.

Reservation of Rights, Modification, Suspension, or Cancellation

Sponsor reserves the right, at any time and in its sole discretion, to modify, suspend, extend, terminate, or cancel any Promotion (including any evergreen Promotion), in whole or in part, for any reason or no reason, including if Sponsor determines that fraud, technical failures, human error, tampering, changes in law, regulatory requirements, supply constraints, or any other factor impairs the integrity, fairness, or proper functioning of the Promotion. Sponsor also reserves the right to correct errors and to void, adjust, or deny Promotion redemptions, benefits, discounts, or prizes affected by error, misuse, or suspected fraud, to the fullest extent permitted by law.

Sponsor’s decisions regarding Promotions (including eligibility determinations, interpretation of Promotion Rules, and awarding of benefits or prizes) are final and binding to the extent permitted by law.

No Guarantee and Availability

We do not guarantee that any Promotion will be available, honored, or redeemable by you at any particular time, in any particular location, or for any particular product or service. Promotions may be limited by jurisdiction, product availability, inventory, delivery availability, account status, or other restrictions described in the Promotion Rules or otherwise communicated by Sponsor.

Internet Security

Breeze Canna uses reasonable efforts to ensure that the Website is generally available. However, there will be occasions when access to the Website will be interrupted or unavailable. Breeze Canna will use reasonable efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Website. You understand that the technical processing and transmission of any Website content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted via the Website or the Internet, including, for example, personal information such as your name or address. By accepting these Terms, you understand and agree that Breeze Canna will not be responsible for any unauthorized access to and use of Your account.

Warranty Disclaimer

THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND BREEZE CANNA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BREEZE CANNA DOES NOT WARRANT THAT: (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (III) THE WEBISTE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (IV) DEFECTS IN THE SOLUTION CAN OR WILL BE CORRECTED. BREEZE CANNADOES NOT WARRANT THE QUALITY, SAFETY, SUITABILITY, RELIABILITY OR AVAILABILITY OF ANY PRODUCTS, GOODS OR SERVICES OBTAINED BY YOU FROM DISPENSARIES OR OTHER PARTIES THROUGH THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF PRODUCTS OR GOODS ORDERED VIA THE WEBSITE REMAINS SOLELY WITH YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, BREEZE CANNA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BREEZE CANNA BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE USE OR INABILITY TO USE THE SOLUTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BREEZE CANNA’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AMOUNTS, IF ANY, YOU PAY TO BREEZE CANNA UNDER THESE TERMS OR SERVICE; OR (II) ONE HUNDRED DOLLARS ($100) UNITED STATES DOLLARS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

Indemnity

By agreeing to these Terms and using the Services, you agree, TO THE MAXIMUM EXTENT PERMITTED BY LAW, that you shall defend, indemnify and hold Breeze Canna, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, awards, damages, losses, liabilities, costs, expenses, and fees (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation of any Applicable Laws; (ii) your violation of any rights of any third party; (iii) your negligence or willful misconduct; (iv) your violation of these Terms, our Privacy Policy, or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, the Services, and products other than as expressly authorized in these Terms, or (v) your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms, 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 Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website is subject to the Arbitration and Class Action Waiver Section directly below.

Arbitration and Class Action Waiver

If you are using the Services in the United States, the following arbitration clause applies:

A. Binding Arbitration

Any dispute or claim arising in any way from your use of the Services, except for disputes relating to the infringement of our intellectual property rights, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.

B. No Judge or Jury and Waiver to Trial by Jury

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would. You waive your right to a trial by jury.

C. Arbitrator and Rules

The arbitration will be conducted by the American Arbitration Association (“AAA”) in the State of Michigan before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.

D. Good-Faith Resolution; Starting an Arbitration

Before initiating arbitration, you and Breeze Canna agree to first attempt to resolve any dispute informally and in good faith. To start this process, you must send Breeze Canna a written notice of dispute that includes your name, address, contact information, a description of the facts giving rise to the dispute, and the relief you are seeking (a “Notice of Dispute”). You must send your Notice of Dispute to Breeze Canna at it@breezecanna.com. Breeze Canna will send any Notice of Dispute to you using the contact information we have on file.

If the dispute is not resolved through good-faith discussions within thirty (30) days after receipt of the Notice of Dispute (or such longer period as the parties may agree), then either party may initiate arbitration in accordance with the arbitration provisions set forth in these Terms.

E. Format of Proceedings

The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

F. Arbitration Fees and Costs

Arbitration fees and costs shall be allocated between you and Breeze Canna in accordance with the applicable AAA Consumer Arbitration Rules, including any rules governing filing fees, case management fees, and arbitrator compensation. Each party shall be responsible for its own attorneys’ fees and costs, except as otherwise required by Applicable Laws or awarded by the arbitrator pursuant to the AAA rules.

G. Individual Basis

To the fullest extent permitted by Applicable Laws, you and Breeze Canna 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 Breeze Canna 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.

H. Limitation Period

In no event shall any claim, action or proceeding by you or Breeze Canna be instituted more than one (1) year after the cause of action arose.

I. Enforcement

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.

J. Invalidity

If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Breeze Canna each agree to the exclusive jurisdiction of the Federal and State courts located in the State of Michigan, and you and Breeze Canna each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

K. Opting Out

If you do not want to arbitrate disputes with Breeze Canna and you are an individual, you may opt out of this arbitration agreement by sending an email to it@breezecanna.com within thirty (30) days of the first of the date you access or use the Services.

M. Limited Time to File a Claim for Arbitration

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Termination

If you breach any of the terms of these Terms, all licenses granted by us, including permission to use the Services, will terminate automatically. Additionally, we may suspend, disable, or delete your Account, access to the Services (or any part of the foregoing) with or without notice, for any or no reason (including, for example, if you fail to honor reservations you make through the Services). If we delete your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Breeze Canna or you. Termination will not limit any of our other rights or remedies at law or in equity.

Injunctive Relief

You agree that a breach of these Terms may cause irreparable injury to Breeze Canna for which monetary damages might not be an adequate remedy and Breeze Canna shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages and prior to filing for arbitration.

Notices

We may give notice to you by means of a general notice via the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to it@breezecanna.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

Miscellaneous

These Terms constitute the entire agreement between you and Breeze Canna with respect to the subject matter hereof, and all prior or contemporaneous understandings or agreements, whether written or oral, between you and Breeze Canna with respect to such subject matter are hereby superseded in their entirety. These Terms may not be modified except by a writing executed by the duly-authorized representatives of Breeze Canna. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the licenses granted hereunder may be assigned by Breeze Canna but may not be assigned by you without the prior express written consent of Breeze Canna. Any attempt by you to assign these Terms without the written consent of Breeze Canna shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. If either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only. If you are using the Services from the United States, the laws of the State of Michigan, excluding its conflicts of law rules, govern these Terms and your use of the Service and the Website. If you are using the Services from any other country, the laws of that country shall govern your use of the Services. Your use of the Services may also be subject to other local, state, provincial, or international laws.

Changes To the Website / Terms of Use

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.

Waiver And Severability

No waiver by Breeze Canna of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Breeze Canna to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Entire Agreement

These Terms, and our Privacy Policy, and any other relevant documents or policies listed herein constitute the sole and entire agreement between you and Breeze Canna regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

BC Brands LLC (dba Breeze Canna) is located at 25855 Groesbeck Hwy, Warren, Michigan 48089; (586) 663-6022); email, it@breezecanna.com.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to it@breezecanna.com.