TERMS OF SERVICE

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET
FORTH IN SECTION 17 ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION”
BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST BFW
ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST
BROOKLYN’S FINEST WEED, INC. IN COURT, AND CONFIRMS YOUR AGREEMENT
TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS
IT IMPACTS YOUR LEGAL RIGHTS.
Please read these Terms and Conditions (“Terms”) carefully prior to using the websites, mobile
sites, applications, or associated products, software, or any loyalty program (“Program”) and/or
other services, events, or programs (collectively, the “Services”) owned and operated by
BROOKLYN’S FINEST WEED, INC. (“BFW”, “us”, “our”, or “we”) and its affiliates
(“Affiliates”) (collectively, the “Sites”).
Your use of the Sites and any features on the Sites, or participating in any Services, are subject to
these Terms, which we may update from time to time. By accessing the Sites in any way,
including, without limitation, browsing the Sites, using any information on the Sites, submitting
information to BFW via the Sites, and/or participating in any Services, you agree to and are
bound by these Terms, and you acknowledge that information you provide or that we collect
about you will be processed as described in our Privacy Policy. Certain features of the Sites may
be subject to additional guidelines, terms, or rules, which will be posted on the Sites in
connection with such features. All such additional terms, guidelines, and rules are incorporated
by reference into these Terms. If you do not agree to these Terms, do not use the Sites or
participate in any Services. BFW provides the Sites and Services for use only by persons located
within the United States. BFW makes no representation that the Sites or their content is
appropriate or available for use in locations outside the United States.

1. REGULATIONS IN THE CANNABIS INDUSTRY
Marihuana remains a Schedule I drug. The cultivation, processing, sale, and possession of
marihuana and products containing marihuana, the manufacture, sale, and possession of
marihuana paraphernalia, and advertising the sale of marihuana, marihuana products and
cannabis paraphernalia are illegal under the federal laws of the United States and certain state
laws. You are responsible for complying with the applicable laws regarding marihuana in your
jurisdiction. See Section 20 for additional information. All BFW marihuana products are
intended for personal use only in the jurisdiction in which they are sold. Products sold by BFW
are not intended for resale or interstate transport.

2. YOU SHOULD SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS

The Sites and the materials on the Sites, including BFW Content (defined below) have been
prepared by BFW for informational purposes only and BFW makes no claims with respect to the
use or consumption of any BFW products. Do not act upon this information without seeking
guidance from an attorney, medical professional, or other applicable, qualified professional. The
information on the Sites is not intended to provide medical nor legal advice. Information on the
Sites is not intended to assess, diagnosis, nor specifically treat any individual’s medical
problem(s) or concerns. Information on the Sites is also not intended to provide legal advice in
relation to the cannabis industry nor any other industry.
Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you
are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or
taking any prescription medications, you should consult your physician or other health care
professional prior to using cannabis. These statements have not been evaluated by the Food and
Drug Administration. None of the products made available by BFW are intended to diagnose,
treat, cure, or prevent any disease. You acknowledge and agree that no partnership is formed
through these Terms or your use of the Sites or participation in any Services and that neither you
nor BFW has the power or the authority to obligate or bind the other.

3. BFW CONTENT
Content on the Sites that is provided by BFW and its licensors, including, but not limited to,
certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio,
videos, trademarks, logos, product and program names, slogans, and the compilation of the
foregoing (“BFW Content”) is the property of BFW and its licensors, and is protected in the
U.S. and internationally under state and federal trademark, copyright, and other intellectual
property laws.
You agree not to download, display, or use any BFW Content located on the Sites for any
publications, in public performances, on websites other than the Sites for any other commercial
purpose, in connection with products or services that are not those of BFW, in any other manner
that is likely to cause confusion among consumers, that disparages or discredits BFW and/or its
licensors, that dilutes the strength of BFW’s or its licensor’s property, or that otherwise infringes
BFW’s or its licensors’ intellectual property rights. You further agree to in no other way misuse
any BFW Content.
By entering and/or using the Sites you acknowledge and agree that any name, logo, trademark, or
service mark contained on the Sites and all BFW Content is owned or licensed by BFW and may
not be used by you without prior written approval. Nothing contained in the Sites shall be
construed as granting a license or other rights under any patent, trademark, copyright, or other
intellectual property of BFW.

4. ACCURACY OF INFORMATION, PRODUCTS, AND PRICING

We attempt to ensure that information provided through the Sites, including BFW Content, is
complete, accurate, and current. Except as prohibited by applicable law, we make no
representation as to the completeness, accuracy, or currency of any information provided through
the Sites. BFW shall not be responsible for any errors or omissions on the Sites; however, when
we discover an error we will endeavor to correct it as soon as possible and notify any customers
who we are aware are materially impacted. We reserve the right to amend errors or to update
product information at any time without prior notice.
Not all products that appear on the Sites are offered for sale in all states. Certain products may
not be available in your jurisdiction. Products shown on the Sites may appear differently in the
dispensary/at the retail establishment.
The Sites may provide you with pricing for products that are carried by us both in the
dispensary/at the retail establishment and/or online. The prices displayed (in U.S. dollars) for
products available for purchase via the Sites may only represent the applicable retail prices, and
may not consist of taxes, delivery fees, or other applicable charges. Before you complete an
order, all such applicable charges will be provided to you. The pricing shown to you through use
of the Sites may only be good for purchases made through the Sites and may differ from in-
store/dispensary pricing.
Please note that the current price for and availability of a product may differ from the price
displayed when the product was first placed in your shopping cart. Price and availability
information is subject to change without notice.

5. DISCOUNTS AND SPECIAL OFFERS
The Sites may display, include, or make available coupons, special offers, promotional codes,
giveaways, samples, and other offers from BFW (“Deals”). BFW displays these Deals on the
Sites as a form of advertisement. All Deals may be subject to additional terms, conditions, or
restrictions under applicable law, regardless of whether such additional terms, conditions or
restrictions are expressly included on the Sites.

6. ORDERS AND DELIVERIES
The Sites may consist of features or links to third party sites permitting you to place an order
with us for either pick-up at one of our dispensaries/retail establishments or for delivery. When
an order for delivery is placed, it will be delivered to an address designated by you so long as
that delivery address is compliant with any applicable delivery restrictions set forth by us
through the Sites or otherwise. All orders are subject to acceptance by us, and we will confirm
such acceptance in a communication to you. We are not responsible for deliveries that are
delayed due to events that are beyond our control, but we will strive to provide you with a
seamless delivery process. Not all products shown on the Sites are available in our
dispensaries/retail establishments, as some products can only be found online.

Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order
quantity on any product or service and/or to refuse service to any user. For example, we may
limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms
or applicable law, are processed as a result of any fraudulent or misleading activity, or are placed
by dealers, resellers, or distributors. In the event we make a change to or cancel an order, we will
attempt to notify you by contacting the contact information provided at the time the order was
made. We also may require verification of information prior to the acceptance and/or delivery of
any order.

7. ACCOUNT(S) CREATION AND MAINTENANCE
In order to use certain features of the Sites (e.g., to use any e-commerce related services) or
participate in the Services, you may be required to create one or more Account(s) with BFW
(“Account(s)”) and provide certain information about yourself. You represent and warrant that
all registration information you submit is truthful and accurate, and that you will maintain the
accuracy of such information at all times. You may not create more than one Account(s) per
Account(s) type.
You agree that you are solely responsible for maintaining the confidentiality of your Account(s)
login information and are fully responsible for all activities that occur under your Account(s).
You agree to immediately notify BFW of any unauthorized use, or suspected unauthorized use,
of your Account(s) or any other breach of security. BFW cannot and will not be liable for any
loss or damage arising from your failure to comply with the above requirements.
BFW may suspend or terminate access to your Account(s) in its sole and absolute discretion. In
the case that your Account(s) is terminated, these Terms shall remain, to the extent applicable, in
full force and effect.

8. USER CONDUCT GUIDELINES
Any time you access or use the Sites or participate in the Services, you are required to comply
with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the
Sites:
 to systematically retrieve information or content to create or compile, directly or
indirectly, in single or multiple downloads, a collection, compilation, database,
directory or the like, whether by manual methods, through the use of bots, crawlers, or
spiders, or otherwise;
 if you are not able to form legally binding contracts (for example, if you are under 18);
 if you are a person barred from receiving our products or Services under the laws of the
United States or other applicable jurisdiction; or
 for any other purposes that are not expressly permitted by these Terms.
  

Further, you may not:
 access, copy, distribute, share, publish, use, or store any BFW Content for purposes that
are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any
other rights of other users or any other third party, including by disclosing, selling,
renting, distributing, or exposing any BFW Content to a third party, using it for
marketing purposes, or otherwise using it for any purposes unrelated to the Sites or
Services;
 access, copy, distribute, share, publish, use or store, or prepare derivative works from any
BFW Content or content that belongs to another user or to a third party, including
works covered by any copyright, trademark, patent, or other intellectual property right,
except with prior express permission of the person or entity holding the rights to
license such use;
 circumvent our systems, policies, including by attempting to access or use the Sites or
Services if you have been temporarily or permanently prohibited or blocked from using
the Sites or Services;
 access, search, collect information from, or otherwise interact with the Sites by
“scraping,” “crawling” or “spidering” the Sites, by the use of any software, device,
script or robot, or by any other means (automated or otherwise) other than through the
currently available, published interfaces that are provided by BFW, unless you have
been specifically authorized to do so in a separate agreement with BFW;
 use, display, mirror or frame the Sites, or any feature, functionality, tool or content of the
Sites or Services, BFW’s name, any BFW trademark, logo or other proprietary
information, without BFW’s express written consent;
 interfere with, disrupt, damage or compromise the Sites, Services, or our systems or the
access of any user, host or network in any way, including through the use of viruses,
cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks,
backdoors, packet or IP spoofing, forged routing or electronic mail address information
or similar methods or technology or by overloading, flooding, spamming, mail-
bombing the Sites, or otherwise imposing an unreasonable or disproportionately large
load on the Sites;
 access, tamper with, or use non-public areas of any of the Sites, Services, BFW’s
computer systems, or the technical delivery systems of BFW’s providers;
 probe, scan, or test the vulnerability of any system or network of BFW or its providers, or
breach or circumvent any security or authentication measures of such system or
network;
 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any
technological measure implemented by BFW or any of BFW’s providers or any other
third party to protect the Sites;
 attempt to decipher, decompile, disassemble or reverse engineer any of the code or
software used to provide the Sites;
 export or re-export the Sites, except in compliance with the export control laws and
regulations of any relevant jurisdictions;
 post reviews on the Sites or Services or any of BFW’s social media pages or channels that
are not based on your own personal experiences, not factual in nature, or based on
secondhand, nonpersonal experience;

 resell for commercial purposes products purchased through use of the Sites or Services or
resell or make commercial use of the Sites, Services, or BFW Content;
 violate any federal, state or local laws, rules or regulations or infringe the rights of any
third party, including, any intellectual property, privacy or publicity-related rights in
connection with your access to or use of the Sites or use of the Services;
 otherwise abuse the Sites or Services or breach the Terms; or
 attempt to do any of the foregoing, or advocate, encourage or assist any third party in
doing any of the foregoing.
You represent, warrant, and agree that you shall comply with the above User Conduct
Guidelines. In addition to any remedies that we may have at law or in equity, if we determine, in
our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we
may take any action we deem necessary to cure or prevent the violation, including without
limitation, the immediate removal of your information or related materials from the Sites and/or
Services and termination of your Account(s).

9. USER CONTENT
We welcome and encourage you to provide feedback, comments, ideas, and suggestions for
improvements, enhancements, and modifications to the Sites and/or Services, which may include
text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“User
Content”). You may submit User Content by messaging us, or contacting us via the contact
information provided below. You acknowledge and agree that all User Content you give us (i)
will be treated as non-confidential, and (ii) will be the sole and exclusive property of BFW.
Without limiting the foregoing, you acknowledge that your User Content may be disseminated or
used by BFW for any purpose whatsoever, including developing, improving and marketing
products. You hereby irrevocably transfer and assign to BFW all of your rights, title, and interest
in and to all User Content, including all worldwide patent, copyright, trade secret, moral and
other proprietary or intellectual property rights therein, and waive any moral rights you may have
in such User Content.
You agree to sign and deliver such documents, and otherwise provide such assistance, as may
reasonably be required from time to time to perfect BFW’s rights in such improvements,
enhancements and modifications.
In addition to the User Conduct Guidelines above, your User Content may not:
 infringe on any rights of any third party, including without limitation any copyrights,
trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other
intellectual property or proprietary rights;
 violate any law, statute, ordinance, or regulation;
 be defamatory, libelous, slanderous, or threatening;
 contain offensive language or images, including sexually explicit content that is
pornographic, obscene, harmful to minors, or constitute violations of child
pornography or child sexual exploitation laws;

 denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or
otherwise;
 exploit images or the likeness of any individual other than yourself (except where you
have obtained express permission from such other individual(s) for such exploitation);
 promote physical harm of any kind against any individual or group or characterize
violence as acceptable, glamorous, or desirable;
 provide instructional information about illegal activities; or
 contain any viruses or other programming routines that may detrimentally interfere with
computer systems or data, whether those of BFW or any third party.

10. ELECTRONIC AND TELEPHONIC COMMUNICATIONS
When you use the Sites, participate in the Services, or send e-mails, messages (e.g., via our
chatbot feature), and other communications from your desktop or mobile device to us, you are
communicating with us electronically. You consent to receive communications from us (e.g.,
newsletters and updates) including via e-mail, text messages, phone calls, social media, and push
notifications at the email address or telephone number (including mobile number) you provided.
You agree that all agreements and consents can be signed electronically and all notices,
disclosures, and other communications that we provide to you electronically satisfy any legal
requirement that such notices and other communications be in writing.
We may send and receive (recurring) text messages through cellular telephone operators or other
networks, and the level of reliability may vary. Consent to receive such message is not required
as a condition of purchasing any goods or Services. We are not responsible for the timeliness or
final delivery of text messages, as that is outside our control and is the responsibility of the
cellular telephone operator or other networks. Your carrier may charge standard messaging, data,
and other fees, and you are responsible for those charges. Notwithstanding the foregoing, we will
use your mobile number in accordance with our Privacy Policy. Please read our Privacy Policy to
learn more about our communications practices.
IF YOU WISH TO OPT OUT OF MARKETING EMAILS FROM US, YOU CAN
UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING
EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXT MESSAGES FROM US, YOU CAN
DO SO BY TEXTING THE APPLICABLE KEYWORD PROVIDED IN THE TEXT
MESSAGE(S), FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You
understand and agree that you may continue to receive communications from us while we
process your opt-out requests, and you may also receive a communication confirming the receipt
of your opt-out requests.

11. MODIFICATION AND SUSPENSION
We reserve the right, at any time in our sole discretion and without notice to you, to modify,
suspend or discontinue the Sites, the Services, and BFW Content. We may also impose rules for
and limits on use of the Sites or restrict your access to all or part of the Sites or Services without

notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be
liable to you or to any third party for any modification, suspension, or discontinuance of the
Sites, the Services, or BFW Content.
These Terms will survive any termination, discontinuation, or cancellation of the Sites, Services,
or your Account(s).

12. WARRANTIES BY USERS
You represent and warrant to BFW that you have the power and authority to accept and agree to
these Terms, and you own or control all of the rights necessary to grant the rights and licenses
granted herein.

13. DISCLAIMERS
BY ENTERING AND/OR USING THE SITES OR PARTICIPATING IN THE SERVICES
YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION AND SERVICES ARE
PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE MADE WITH
RESPECT TO THE SITES, SERVICES, OR ANY INFORMATION OR SOFTWARE
THEREIN OR PROVIDED IN CONNECTION THEREWITH (INCLUDING BUT NOT
LIMITED TO BFW CONTENT), OR ANY WARRANTIES AS TO THE RELIABILITY OR
AVAILABILITY OF THE SITES, SERVICES OR THE BFW CONTENT, THAT USE OF THE
SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES
AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY BFW CONTENT.

14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT
PROHIBITED BY LAW:
 YOUR USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK;
 YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED
TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND
CONSUMPTION OF ALL PRODUCTS SOLD OR DISTRIBUTED THROUGH THE
SITES OR SERVICES. YOU ARE ALSO SOLELY RESPONSIBLE FOR
KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING
PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING,
USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR
READING AND UNDERSTANDING ALL WARNING LABELS THAT
ACCOMPANY ANY PRODUCTS;

 UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL BFW OR
ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITES OR SERVICES BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY
OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL
FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE,
DIRECTLY OR INDIRECTLY, FROM THE SERVICES OR THROUGH THE
ACCESS TO, INABILITY TO ACCESS, USE OF, OR BROWSING OF THE SITES
OR THROUGH YOUR DOWNLOADING OF ANY BFW CONTENT OR OTHER
MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITES,
INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES,
BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM,
PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR
ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER
TRANSMISSIONS OR NETWORK CONNECTIONS EVEN IF BFW HAS BEEN
ADVISED OF SUCH INCIDENTS; AND
 BFW IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR
ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS
BEYOND BFW’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED
TO FORCE MAJEURE EVENTS (DEFINED HEREIN), COMMUNICATIONS LINE
FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE
SERVICES OR SITES’ RECORDS, PROGRAMS, OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT
THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT
OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, BFW’S AGGREGATE
LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE
LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF
YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL
REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER
DISCHARGE BFW FROM AND AGAINST ALL CLAIMS YOU HAVE OR MAY HAVE
ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR THE SERVICES
PROVIDED HEREUNDER. 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 THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR
AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER
WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”

THE LIMITATIONS SET FORTH IN THIS SECTION 14 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.
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN BFW AND YOU, AND WILL SURVIVE AND
APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF
THEIR ESSENTIAL PURPOSE.

15. INDEMNIFICATION
To the maximum extent not prohibited by applicable law, you agree to release, defend,
indemnify, and hold BFW, its parent, subsidiaries, Affiliates, licensors and service providers, and
its and their officers, directors, shareholders, agents, employees and representatives (individually
and collectively, the “BFW Entities“), harmless (collectively, “indemnify” or any variation
thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including,
any bodily injury, illness, death or damage to any real or personal property, or any other injuries,
losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any
kind, and including reasonable legal fees and litigation expenses and costs, arising out of or
relating to or in any way connected with (i) the Services and/or your access to or use of the Sites,
including any and all BFW Content and any features, functionality, tools, and promotions
available on and through the Sites, (ii) your breach of the Terms, including any violation of
national, federal, state or local or other applicable laws, rules or regulations or any infringement
or misappropriation of the rights of any third party, and (iii) your gross negligence or willful
misconduct.
You agree that, at BFW’s option, you will conduct the defense of any such claim or action;
provided that, notwithstanding our election that you to conduct the defense, (i) BFW may
nevertheless participate in such defense or settlement negotiations and pay its own costs
associated therewith, and (ii) you will not enter into any settlement or other compromise without
the prior written approval of BFW (which approval shall not be unreasonably withheld), unless
such settlement or other compromise includes a full and unconditional release of the relevant
parties from all liabilities and other obligations in respect of such claim or action.
No person or entity shall be entitled to any form of indemnification at any time, except as
provided by the Terms.

16. USERS; THIRD PARTY WEBSITES
Though users are required by the Terms to provide accurate information, we do not guarantee the
completeness or accuracy of any information provided by any user, including the user’s

purported identity, credentials or background. We recommend that you exercise due diligence
when deciding to communicate or interact with another user, and we will not be responsible or
liable for any damage or harm resulting from your interactions with other users.
Although the Sites may be linked to other sites, BFW is not, directly or indirectly, implying any
approval, association, sponsorship, endorsement, or affiliation with the linked site, unless
specifically stated therein. By entering the Sites, you acknowledge and agree that BFW has not
reviewed all the sites linked to the Sites and is not responsible for the content of any off-site
pages or any other site linked to the Sites. Your linking to any other off-site pages or other sites is
at your own risk. You should refer to the terms and policies governing any other sites that you
use to determine your rights and responsibilities.
17. GOVERNING LAW AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL
HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BFW HAVE AGAINST
EACH OTHER ARE RESOLVED.
YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN
THIS SECTION 17, YOU ARE WAIVING THE RIGHT TO GO TO COURT AND HAVE A
CLAIM HEARD BY A JUDGE OR JURY.
The Terms shall be governed by and interpreted in accordance with the laws of the State of New
York without regard to New Yorks’ conflict of law principles or the United Nations Convention
on Contracts for the International Sale of Goods, which are hereby expressly excluded.
All disputes, claims, controversies and matters arising out of or relating to these Terms, the
breach thereof, or any transactions hereunder, including any questions of arbitrability (“Claims”),
shall be settled by binding arbitration administered by the American Arbitration Association
under its Commercial Arbitration Rules (“AAA Rules”) by a sole arbitrator. The parties hereto
shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days
of the commencement of the Arbitration, the appointment shall be made by the AAA in
accordance with the AAA Rules. The place, or legal seat of the arbitration, shall be Chicago,
Illinois, and the language of the arbitration shall be English. Each party shall be exclusively
responsible for paying its own arbitration filing fees, which the arbitrator may later allocate as set
forth below.
EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL
BASIS ON THAT PARTY’S OWN BEHALF AND NOT IN ANY REPRESENTATIVE
CAPACITY OR ON BEHALF OF ANY SORT OF CLASS OR PURPORTED CLASS, AND
NO ARBITRATION COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE
ANY CLAIMS BY ANY OTHER PERSONS. FOR THE AVOIDANCE OF DOUBT, EACH
PARTY HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND
BFW OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE

OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS
PROCEEDING.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth
above, shall have the power to grant any interim or provisional measures that the arbitrator
deems appropriate, including, but not limited to, injunctive relief and specific performance, and
any interim or provisional measures ordered by the arbitrator may be specifically enforced by
any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the
arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of
jura novit curia. Each party hereto retains the right to seek interim measures from a judicial
authority, and any such request shall not be deemed incompatible with the agreement to arbitrate
or a waiver of the right to arbitrate. The arbitrator shall award the prevailing party, if any as
determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment
on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
No information concerning an arbitration, beyond the names of the parties, their counsel or the
relief requested, may be unilaterally disclosed to a third party by any party unless required by
law. Any documentary or other evidence given by any party or witness in any arbitration shall be
treated as confidential by any party whose access to such evidence arises exclusively because of
its participation in the arbitration and shall not be disclosed to any third party (other than a
witness or expert), except as may be required by law. Any party who commences any judicial
proceeding in connection with an arbitration initiated hereunder shall endeavor to have the
judicial record of any such proceeding sealed to the extent permitted by law.
Both you and we agree that if BFW makes any amendment to this “Governing Law and Dispute
Resolution” Section in the future, that amendment will not apply to any claim that was filed in a
legal proceeding against BFW prior to the effective date of the amendment. However, the
amendment will apply to all other disputes or claims governed by this Section that have arisen or
may arise between you and BFW. We will notify you of amendments to this Section by posting
the amended Terms on the Sites. If you do not agree to the amended terms, you must cease using
the Sites and/or participating in the Services immediately. By rejecting any change, you are
agreeing that you will arbitrate any Dispute between you and BFW in accordance with the
provisions of this “Governing Law and Dispute Resolution” Section as of the date you first
accepted the Terms (or accepted any subsequent changes to the Terms).

18. MISCELLANEOUS PROVISIONS
You may be given the ability to provide us with personally identifiable information on certain
areas of the Sites or in conjunction with participation in the Services. Please read our Privacy
Policy for more information about our information collection and use practices.
If any provision of these Terms shall be deemed to be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and shall not
affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between you and BFW regarding the use of the
Sites and BFW Content and participation in the Services, and supersede and replace any prior
agreements you and BFW might have had regarding the Sites, BFW Content, and Services. By
using the Sites or participating in the Services, you represent that you are capable of entering into
a binding agreement.
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or
our Privacy Policy due to any event or occurrence beyond our reasonable control, including
without limitation, acts of God, terrorism, war, invasion, failures of any public networks,
electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or
other disaster (each a “Force Majeure” event or occurrence).
Nothing in these terms shall affect your statutory rights. BFW may (in its sole discretion) decline
to enter into any correspondence, except as otherwise stated in these Terms.

19. CONTACT US
If you have any questions or concerns, please contact BFW at info@brooklynsfinestwee.com.

20. JURISDICTIONAL NOTICES

20.1 California
GOVERNMENT WARNING: OUR PRODUCTS CONTAIN CANNABIS, A SCHEDULE I
CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS.
CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF
AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE
WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF
CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE
USE EXTREME CAUTION. Medical marijuana products are for medical use only.