Overview

Welcome to the website of Prestige WW Inc. dba PlugPlay Blends ("PlugPlay Blends"). These Terms of Use ("Terms") govern your use of the PlugPlay website, plugplayblends.com (the "Site"), any PlugPlay Blends mobile application (the "App" and together with the Site, the "Platform"), and any features, content, products and other services offered by PlugPlay Blends (collectively, the "Services"). NOTE THAT SECTION 24 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

Please read these Terms carefully. By visiting our Platform and/or by using the Services, you agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including the Privacy Policy. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes here. You are encouraged to review these Terms each time you use the Services because your use of the Services after the posting of changes will constitute your acceptance of the changes.

The Platform and Services are owned by PlugPlay Blends, 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. We grant you a personal, limited, nontransferable, nonexclusive license to access and use the Platform and Services. We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available on the Services and to change, suspend or discontinue any aspect of the Services and we will not be liable to you or to any third party for doing so.

You agree that by agreeing to these Terms, you are entering into a binding contract with PlugPlay Blends.

Section 1 – Orders, Use of Services, and Shipping

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

You may use the Services only for your own noncommercial personal use and in compliance with these Terms. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You are responsible for your own communications, including the transmission, uploading or posting of information to the Services and are responsible for the consequences of such communications. Any other use of the Services requires the prior written consent of PlugPlay Blends. You may not otherwise copy, modify, or distribute the contents of the Services without the prior written consent of PlugPlay Blends. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Services, in whole or in part.

You may not use the Services for any of the following purposes:

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
• Engaging in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Posting any information which is untrue, inaccurate, or not your own;
• Using or attempting to use another user's account without authorization from such user and PlugPlay Blends;
• Using the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Site, the App, and Services in any manner;
• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; or
• Attempting to interfere in any way with the Platform, PlugPlay Blend's network security, or attempting to use the Services to gain unauthorized access to any other computer system.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. If you pay with credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

We may arrange for shipment of products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Section 2 – Services Not for Minors

You agree that the Products sold on the Site are not targeted toward or intended for use by anyone under the age of 21 ("Age-Restricted Products"). The Age-Restricted Products are solely for legal, personal use and not for resale or export. Nothing in the Sites or the Apps shall be construed as condoning or promoting the use of any controlled or illegal substance.

By purchasing Age-Restricted Products, navigating to pages that relate to Age-Restricted Products, and/or by making use of the Services, you are representing that you are over the age of 21. PlugPlay Blends does not sell Age-Restricted Products to individuals under the age of 21 and makes every effort to ensure that Age-Restricted Products are not delivered to anyone who is under the age of 21. By purchasing Age-Restricted Products on the Sites, you are representing that the person receiving an order that contains Age-Restricted Products from PlugPlay is over the age of 21 and will provide photo identification upon delivery to verify their age. PlugPlay and/or its employees, agents, contractors, or designated common carriers reserve the right to refuse delivery to any individual who fails to provide such identification. You agree that you will not furnish Age-Restricted Products obtained through PlugPlay to any Person who is not a lawful consumer.

By agreeing to these Terms of Service, you represent that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (b) do not have more than one PlugPlay Blends account, and (c) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

Section 3 – Accuracy, Completeness, and Timeliness of Information and Prices

We are not responsible if information or prices made available in connection with the Services is not accurate, complete, or current.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased in connection with the Services.

Prices posted on this Site may be different than prices offered by us at other locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Section 6 – Additional Terms and Conditions; Return Policy

Return Policy: Your experience is important to us. Because of the nature of our products, we do not promise to accept returns of any item. However, if you are unhappy with a particular item please notify us within 21 days of receiving your order send us an email at blends@plugplay.com and we will do our best to remedy the issue.

• Please get in touch if you have questions or concerns about your specific item.
• Certain types of items cannot be returned, like perishable goods, custom products, and personal care goods. We also do not accept returns for hazardous materials, flammable liquids, or gases.
• Unfortunately, we cannot accept returns on sale items or gift cards.
• For defective returns, please refer to the manufacturer's warranty.

Section 7 – Optional Tools or Links

We may provide you with access to third-party tools or links over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. Any use of optional tools or links is entirely at your own risk and discretion, and we shall have no liability whatsoever arising from or relating to your use of such optional third-party tools.

Section 8 – User Comments, Feedback, and Other Submissions

If you send us anything, including user-generated content, such as photos, videos, creative ideas, suggestions, proposals, plans, or other materials (exclusive of your personally identifiable information), whether online (via our website or any of our social media accounts (Facebook, Instagram, etc.), by email, postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use those Comments in any medium. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You are responsible for all Comments you contribute in any manner to the Services, and you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for all your activity in connection with the Services.

Section 9 – Your Consent to Receive Emails and Other Communications

You expressly consent to receive and accept communications from PlugPlay Blends, including via e-mail, push notifications, SMS text messages, or other comparable means at any of the e-mail addresses and/or telephone numbers provided. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, account administration or other purposes. If you consent to receive marketing related text messages, YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXT MESSAGES AS A CONDITION OF PURCHASING ANY GOODS OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING EMAILS OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS.

Standard text messaging and data charges will apply to phone calls and text messages we may send. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, PLUGPLAY BLENDS MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS.

Section 10 – Copyright Infringement

If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the PlugPlay Blends's Designated Agent, whose contact details are listed below:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that PlugPlay Blends is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number, and email address;
• A statement that the notifier has a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Upon receipt of a proper notice of copyright infringement, we reserve the right to:

• remove or disable access to the infringing material;
• notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
• terminate such content provider's access to the Services if he or she is a repeat offender.

Please contact COMPANY's Designated Agent at the following address:

Section 11 – Personal Information

Your submission of personal information through the Services is governed by our Privacy Policy.

Section 12 – Promotions and Offers

From time to time, we will provide promotions or offers for our customers ("Promotions"). Such promotions may be subject to separate terms and conditions. In addition, for some products and services exclusions may apply. All Promotions are valid through their stated expiration dates, may be limited to specific quantities, are valid while supplies last and are limited to quantities on hand. You agree to abide by the terms and conditions of any Promotion and acknowledge that circumvention of the terms and conditions of any such Promotion an unauthorized or fraudulent act. You will be liable for damages caused by any such unauthorized or fraudulent act, and PlugPlay Blends reserves the right to charge the payment method in your account an amount equal to such damages. All Promotions are subject to cancellation at any time.

Section 13 – Disclaimer – No Professional Advice

Any information provided by us regarding the Services, products, or otherwise (e.g. product descriptions, promotional videos, blog posts, or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Services. Use of the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

YOU SHOULD ALWAYS SPEAK WITH A HEALTHCARE PROFESSIONAL BEFORE INGESTING HEMP OR CANNABIS FOR MEDICAL PURPOSES. PlugPlay Blends does not warrant and shall have no liability for information provided in the Services regarding recommendations concerning hemp for medical purposes for any and all health purposes. This information is provided solely as a guideline to be used when discussing a program with a healthcare professional. The claims made about specific nutrients or products have not been evaluated by the FDA. Ingesting hemp for medical purposes is not intended to diagnose, treat, cure or prevent disease.

Furthermore, you expressly acknowledge and agree that any and all statements concerning hemp products, accessories, or any other items sold or made available through the Platform, have not been evaluated, approved, or endorsed by the FDA or any other regulatory agency. All such statements are provided for informational purposes only and should not be relied upon for any medical advice, health care, or similar treatment. If you suffer from any medical condition or illness, or if you are pregnant, nursing, and/or taking medications of any kind, you must consult with a physician before using any hemp products, accessories, or any other items sold or made available through the Platform.

Section 15 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Services or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any relevant regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) in a manner inconsistent with, or in violation of, these Terms. We reserve the right to terminate your use of the Services or any related website for any reason, in our sole discretion and with or without notice to you.

Section 16 – Limited Warranties; Limitation of Liability

We do not manufacture or control all of the products or services offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any additional warranties with respect to the products or services offered on our Site. However, the products and services offered on our Site may be covered to the limited extent of the manufacturer's warranty as detailed in the product's description on our Site and included with the product.

PlugPlay Blends attempts to display information on the Services and Products as accurately as possible. However, PlugPlay Blends does not guarantee or make any representations or warranties concerning any content contained in or accessed on the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.

THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT (ii) ANY WARRANTIES THAT ARISE FROM TRADE USAGE, OR (iii) THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCEPT IN CASES OF WILLFUL MISCONDUCT AND RECKLESS CONDUCT ON THE PART OF PLUGPLAY BLENDS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PLUGPLAY BLENDS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PLUGPLAY BLENDS, OR FROM EVENTS BEYOND THE PLUGPLAY BLEND'S REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PLUGPLAY BLEND'S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PLUGPLAY BLENDS ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR PRODUCTS EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO PLUGPLAY BLENDS IN CONNECTION WITH THE SERVICES AND PRODUCTS IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PLUGPLAY BLEND'S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE PLUGPLAY BLENDS FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE SERVICES AND THE PRODUCTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.

Section 17 – Indemnification

You agree to indemnify and hold PlugPlay Blends and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys' fees) arising from or in any way related to any third-party claims relating to (a) your illegal use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, (c) your posting of any defamatory or infringing content on the Site or App, and (d) your violation of any third-party rights in connection with your use of the Services. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Section 18 – Assignment

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without PlugPlay Blend's prior written consent. We may transfer, assign, or delegate these Terms, and our Privacy Policy, along with our rights and obligations herein, and thereto without consent.

Section 19 – Termination

The obligations and liabilities incurred prior to the termination of your account or use of our Services shall survive the termination of these Terms for all purposes. Account termination may result in deletion of any content associated with your account, so keep that in mind before you decide to terminate your use of the Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate your account and access to the Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

Section 20 – Dispute Resolution and Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with PlugPlay Blends and limits the manner in which you can seek relief from us.

Binding Arbitration:

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") arising in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and PlugPlay Blends agree (a) to waive your and PlugPlay Blend's respective rights to have any and all Disputes arising from or related to these Terms, or the Services, content or Products, resolved in a court, and (b) to waive your and PlugPlay Blend's respective rights to a jury trial. Instead, you and PlugPlay Blends agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

No Class Arbitrations, Class Actions or Representative Actions: You and PlugPlay Blends agree that any Dispute arising out of or related to these Terms, the Services or Products sold on the Services is personal to you and PlugPlay Blends and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

Notice; Informal Dispute Resolution

You and PlugPlay Blends agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to PlugPlay Blends shall be sent by certified mail or courier to 1100 W Town and Country Road. Suite 1250, Orange CA 92868. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your PlugPlay Blends account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically. If you and PlugPlay Blends cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or PlugPlay Blends may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.

EXCEPT FOR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, YOU AND PLUGPLAY BLENDS AGREE THAT ANY ARBITRABLE DISPUTE MUST BE COMMENCED OR FILED BY YOU OR PLUGPLAY BLENDS WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND PLUGPLAY BLENDS WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).

You and PlugPlay Blends agree that any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The parties consent to exclusive jurisdiction and venue in the state or federal courts located in Orange County, California.

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the Terms by writing to: [PlugPlay], Attn: Legal Department. The opt-out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration.

Section 21 – Choice of Law and Venue

These Terms and your relationship with PlugPlay Blends are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or to your relationship with PlugPlay Blends shall be finally settled in Orange County, California, in English. You and PlugPlay Blends agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.

Section 22 – Miscellaneous

The failure of either you or PlugPlay Blends to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. Our order confirmation, these Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Section 23 – Contact Information

Questions about the Terms of Service should be sent to us at:

blends@plugplay.com

EIN: 990548629