Ishen Tree Holdings, Inc. (“Ishen Tree,” “Us,” “Our,” and/or “We”) and its affiliates, subsidiaries, parent company, and any associated entities own all copyrights to the website situated at www.Ishen Tree.com (the “Site”). Ishen Tree is a network of websites (including Ishen Tree.com, Ishen Tree.ca, and Ishen Tree.de) and mobile and/or software applications that host content about cannabis varieties and related products, such as user reviews and ratings, directories of cannabis dispensaries and medical providers, and cannabis-related reports and other articles (columns). Additional guidelines, restrictions, or regulations governing the use of certain aspects of the Site or Services will be provided in conjunction with such features. This Agreement includes all such supplementary conditions, recommendations, and regulations by reference. You, the person viewing this page, are referred to as the “user,” “you,” and “your” throughout this document.

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE OR ANY OF ITS SERVICES. YOU REPRESENT AND GUARANTEE THAT YOU HAVE THE RIGHT, POWER, AND ABILITY TO ENTER INTO THIS AGREEMENT BY USING OR LOGGING INTO THE SITE OR SERVICES. IF YOU DO NOT HAVE THE LEGAL RIGHT AND ABILITY TO ENTER INTO THIS AGREEMENT, YOU MAY NOT USE THE SITE OR THE SERVICES OR ACCEPT THIS AGREEMENT. DO NOT ACCESS OR USE THE SITE OR THE SERVICES IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT IF YOU ARE USING THE SITE OR SERVICES ON BEHALF OF A BUSINESS, ENTITY, OR ORGANIZATION, YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY, ENTITY, OR ORGANIZATION TO THIS AGREEMENT.

IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IS CONTAINED IN THESE TERMS, INCLUDING AN AGREEMENT TO ARBITRATE. EXCEPT AS OTHERWISE PROVIDED IN THE AGREEMENT TO ARBITRATE, (1) YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU MAY ONLY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. IMPORTANT DISCLAIMERS

ALL CONTENT ON THE SITE AND IN THE SERVICES IS PROVIDED SOLELY FOR EDUCATIONAL AND REFERENCE PURPOSES. EVERYTHING ISHEN TREE PUTS UP ON THE INTERNET, BE IT A WEBSITE, KIOSK, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT, IS MEANT TO BE USED AS A REFERENCE. ISHEN TREE IS NOT LIABLE FOR THE ACCURACY OR VALIDITY OF ANY VIEWS, ADVICE, DECLARATION, OR OTHER INFORMATION DISPLAYED, UPLOADED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, USER CONTENT AND THIRD-PARTY MATERIALS (AS DEFINED BELOW). YOUR INTERACTIONS WITH ANY DISPENSARY, RETAIL LOCATION, HEALTHCARE SUPPLIER, THIRD PARTY, OR OTHER USERS OF THE SITE OR SERVICES ARE NOT THE RESPONSIBILITY OF ISHEN TREE. ISHEN TREE IS NOT RESPONSIBLE FOR VERIFYING THE LEGALITY OR LEGITIMACY OF ANY DISPENSARIES, RETAIL LOCATIONS, HEALTH CARE PROVIDERS, OR THE ACCURACY OF ANY INFORMATION PROVIDED BY THEM, INCLUDING BUT NOT LIMITED TO MENUS AND PRICES.

THERE IS NO MEDICAL ADVICE ON OFFER AT ISHEN TREE. THE CONTENT OF THE SITE AND SERVICES, AS WELL AS ANY OF ISHEN TREE’S SOCIAL MEDIA PAGES OR CHANNELS, IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY, IS NOT MEANT TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT MEANT TO COVER EVERY POSSIBLE USE, DIRECTION, PRECAUTION, OR ADVERSE EFFECT. THIRD-PARTY MATERIALS, USER-GENERATED CONTENT, AND CONTENT GENERATED BY ISHEN TREE BASED ON USER-GENERATED CONTENT (SUCH AS STRAIN HIGHLIGHTS, ATTRIBUTES, AND OTHER DATA) ARE ALL EXAMPLES OF THIS KIND OF INFORMATION. DO NOT USE THE CONTENT OR SERVICES OF THIS SITE OR ANY OF ISHEN TREE’S SOCIAL MEDIA PAGES OR CHANNELS TO DIAGNOSE OR TREAT A HEALTH PROBLEM. IF YOU HAVE ANY CONCERNS ABOUT YOUR HEALTH, YOU SHOULD TALK TO A DOCTOR. PLEASE REMEMBER THAT NOTHING YOU READ ON THE SITE, SERVICES, OR ON ANY OF ISHEN TREE’S SOCIAL MEDIA PAGES AND CHANNELS SHOULD EVER REPLACE THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER.

ACKNOWLEDGEMENT OF FEDERAL LAW: 

To be clear, Ishen Tree is only available to those living in jurisdictions where the use of cannabis is legal for either medicinal or recreational purposes, and where patient collectives and doctors are registered in accordance with state and municipal legislation. Under the United States Controlled Substances Act, marijuana is classified as a Schedule 1 substance. The cultivation, sale, distribution, and possession of marijuana are all crimes punishable by law enforcement action under federal law in the United States of America. User additionally recognizes that federal law does not provide an exception for medicinal marijuana usage. The user is also aware that it is illegal to transfer marijuana over state lines.

NONE OF THE ABOVE DISCLAIMERS OR LIMITATIONS ON LIABILITY WILL LIMIT THE MORE GENERAL WARRANTIES AND LIMITATIONS ON LIABILITY SET OUT IN SECTIONS 9 AND 10 OR ELSEWHERE IN THIS AGREEMENT.

2. ELIGIBILITY AND ACCOUNTS

2.1 Eligibility

Within the United States, you need to be at least 21 years old or a registered medical marijuana user to use the Site and/or Services.cx

2.2 Account Creation

You must create an account with Ishen Tree (“Ishen Tree Account”) and enter certain information about oneself as prompted by the Site’s registration form in order to utilize some aspects of the Site (for example, to use the Services). By registering, you affirm (a) that the information you have provided is true and complete, and (b) that you will keep this information current and complete. There is a limit of one Ishen Tree Account per person. In line with Sections 6.4 and 11, Ishen Tree may suspend or cancel your Ishen Tree Account.

2.3 Account Deletion

Your Ishen Tree Account may be deleted at any time for any reason by sending an email with your Ishen Tree Account Login and a request to remove your account to support@ishentree.com.

2.4 Account Responsibilities

You are entirely liable for any and all activity that occurs under your Ishen Tree Account and you are responsible for taking all necessary steps to ensure that this information is kept private at all times. If you become aware of any use (or suspected use) of your Ishen Tree Account or any other breach of security, you must immediately tell Ishen Tree. If you don’t follow the rules, Ishen Tree won’t be responsible for anything bad that happens.

2.5 Social Networking Services

You may also be able to use the Site or Service or link your Ishen Tree Account with the accounts you already have on third-party services like Facebook and Twitter (“SNS”). We may obtain information about you from an SNS if you log in to your Ishen Tree Account using your login credentials from such SNS, subject to the terms and conditions (e.g., terms of use and privacy policy) of such SNS (“SNS Terms”). Information will be shared with these SNS if you want to do so, and we will honor your choice. Any information we share with a social networking service will be subject to its terms and conditions.

3. SITE AND MOBILE APP

3.1 Licence

Ishen Tree offers you a limited, personal, nonexclusive license to access and use the Site and the Services in accordance with the terms of this Agreement. Ishen Tree gives you a personal, nonexclusive, nontransferable license to download, install, and make in-app purchases through your mobile device using the mobile application software made available by Ishen Tree (“Mobile App”), in running object code format only. The Mobile App is considered part of the “Services” for purposes of this Agreement.

3.2 Certain Restrictions

You may not (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b)modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Services; (c)access the Site or Services in order to build a similar or competitive service; and (d)except as expressly provided in this Agreement, you may not copy, modify, distribute, or publicly display or perform any part of the Site or This Agreement will apply to any new versions or updates of the Site or Services or any new features that augment the current functionality. All material from the Site or Services must have all copyright and property markings preserved on all copies.

3.3 Modification

The Site and the Services, or any portion thereof, may be changed, suspended, or terminated by Ishen Tree at any time, with or without prior notice. If Ishen Tree decides to make any changes to the Site or Services or to suspend or terminate all or a portion of them, you understand and agree that you will not hold Ishen Tree or any of its affiliates responsible.

3.4 Ownership

You agree that all rights to intellectual property in and to the Site and Services, except User Content, are held by Ishen Tree or Ishen Tree’s licensors. No right, title or interest in or to these intellectual property rights is transferred to you or any third person as a result of the supply of the Site or Services. All rights not expressly granted by this Agreement are reserved by Ishen Tree and its licensors.

3.5 App Platforms

You understand and agree that the Mobile App is only accessible via the app store from where you downloaded it (e.g., the Apple App Store® or the Google Play® Store; together, the “App Platform”). The parties to this Agreement agree that the App Platform is not a party to this Agreement. When it comes to issues like product responsibility, legal compliance, or intellectual property infringement that may arise as a result of using the App, Ishen Tree—not the App Platform—is ultimately on the hook. You consent to pay any and all costs associated with the Mobile App as set out by the App Platform. You must agree to the terms and conditions of the applicable App Platform before downloading the Mobile App through that App Platform. Your right to use the Mobile App is based on your agreement to abide by the terms of service, privacy policies, and other terms and conditions of the App Platform on which it runs. You agree that the App Platform (and its affiliates) is a third-party beneficiary of this Agreement with the ability to enforce this Agreement’s terms and conditions. If you accessed or downloaded the Mobile App via the Apple App Store, please review the terms and conditions set out in Section 14.5 below.

4. COMMUNICATIONS

4.1 Text Messaging

By using the Services or Software, you accept and consent to receiving text (SMS) messages at the phone number you gave from Ishen Tree and anyone operating on its behalf. Both service-related communications and marketing or promotional messages may be sent to you through this channel. Your communications with Ishen Tree, its subsidiaries, and their necessary third-party service providers may include but are not limited to, service announcements relating to your User account or use of the Services, informational announcements pertaining to new and existing features on Ishen Tree, informational announcements pertaining to promotions run by us or our third-party partners, and news pertaining to Ishen Tree and industry developments. We will send you a text message, but your standard text messaging fees from your mobile phone provider will apply. You are under no obligation to buy from Ishen Tree, and consenting to receive promotional SMS is voluntary. If you provide Ishen Tree a phone number and then later remove it or have it deactivated, you must promptly update your account information to ensure no longer receive unwanted communications. You consent to receive text messages, calls, or prerecorded messages through an automated telephone dialing system and thus waive any claims arising under the Telephone Consumer Protection Act (“TCPA”). If any claim brought under the TCPA is found to be non-waivable, then you understand and agree that any such claim brought under the TCPA shall be arbitrated on an individual, not class or representative, basis, as described in Paragraph 13.

4.2 Opt-Out

You acknowledge that you will continue to receive text messages unless you opt out by accepting this agreement. If you no longer want to receive promotional text messages from Ishen Tree, just respond with the word “STOP” to any such message. If you no longer want to receive text messages from Ishen Tree, you may either delete your account or respond with the word “STOP” to any Ishen Tree text message. Please be aware that certain Services need your consent to receive operational text messages even if you opt out of receiving all text messages from Ishen Tree. While Ishen Tree reviews your request, you may get more messages, including confirmation that your request to stop receiving texts has been received. You understand that by accepting this agreement, you are giving up your right to sue under the Telephone Consumer Protection Act (TCPA) for any communications received while your request to opt out is being processed. If any claim brought under the TCPA is found to be non-waivable, then you understand and agree that any such claim brought under the TCPA shall be arbitrated on an individual, not class or representative, basis, as described in Paragraph 13.

4.3 Opting Back In

At any moment, you may resume receiving Ishen Tree’s SMS messages by simply responding “START” to one of their texts.

4.4 Push Notifications

You agree to get push alerts, which are notifications sent to your mobile device from our Mobile App regardless of whether the Mobile App is not actively running, when you install and use our Mobile App. The “settings” section of your mobile device is where you may disable notifications.

4.5 Email

You consent to receive emails about our and third-party goods and services. To stop receiving them, just follow the unsubscribe instructions included in each promotional email.

5. USER CONTENT

5.1 User Content

Including, but not limited to, information included in a user’s profile, user reviews, and/or posts, “User Content” refers to any and all information and material that a user contributes to, or uses with the Site or Services. You know and consent that Ishen Tree does not guarantee or warrant the truthfulness, accuracy, completeness, rapidity, validity, copyright conformity, legality, morality, quality, or any other element of any User Content. Ishen Tree will not be responsible or liable to you or any other party for how you choose to use any User Content.

5.2 User Content – Restrictions

You may not use the Site, Services, or any of Ishen Tree’s social media pages or channels to (a) collect, upload, send out, display, or distribute any User Content that (b) is unlawful, intimidating, abusive, tortious, unlawful, harmful, invasive of another’s privacy, vulgar, or otherwise objectionable, or (c) violates any third-party right, such as any copyright, trademark, patent, trade secret, moral right, confidentiality right, right of publicity, or any other intellectual

5.3 User Content – What You Need to Do

Your User Content is entirely within your control. Any disclosure of your User Content that identifies you or any third party, or any reliance by others on its accuracy, completeness, or usefulness, is at your own risk. You certify that your User Content does not infringe against the Acceptable Use Policy (as that term is used below). You may not claim or indicate that Ishen Tree is associated with or sponsors your User Content in any manner. You understand and agree that Ishen Tree does not guarantee or warrant the truthfulness, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other element of any User Content. Ishen Tree will not be responsible or liable to you or any other party for how you choose to use any User Content. Your User Content is your own responsibility (and not that of Ishen Tree), therefore if it violates the Acceptable Use Policy or any laws, you might be held liable, not Ishen Tree. User Content may be removed at any time, and Ishen Tree is under no obligation to maintain a copy of any such content. If you’d want to keep several copies of your User Content, that’s something you’ll have to do on your own.

5.4 Licence

For the limited purpose of such as your User Content in the Site and Services, you hereby irrevocably, non-exclusively, royalty-free, and fully-paid, worldwide license (and warrant and represent that you have the right to grant) to Ishen Tree to copy, distribute, publicly show and perform, prepare derivative works of, apply into other works of art, and otherwise use your User Content, and to provide sublicenses of the foregoing. Any allegations and claims of moral propriety or attribution with regard to your User Content are hereby irrevocably waived (and you agree to and intend to be waived) by you.

5.5 Feedback

If you offer Ishen Tree any comments, ideas, or other feedback pertaining to the Site or the Services (collectively, “Feedback”), you agree that Ishen Tree is free to use the Feedback and any other information you provide in any way it sees fit. Any suggestions, enhancement requests, or other information you provide to Ishen Tree shall be considered neither secret nor proprietary. You promise not to provide Ishen Tree access to any of your private or proprietary data or ideas.

6. ACCEPTABLE USE POLICY

The following sets forth Ishen Tree’s “Acceptable Use Policy”:

6.1 Reviews. 

To submit a review on Ishen Tree, you need to sign up for an account and verify your email. You must validate your account email before you can leave a review on Ishen Tree. Reviews posted on the Site, Services, or any of Ishen Tree’s social media sites or channels should reflect the author’s honest opinion of the service received and should not be written for any reason other than informing other Site users. Non-first-hand, third-party accounts of services or products are not permitted. Reviews posted on the Site, Services, or any of Ishen Tree’s social media pages or channels must not, among other things, (a) be written exclusively in capital letters; (b) contain any form of plagiarism; (c) contain any form of spam, advertisements, and/or links to external websites; (d) contain any information that disparages any Dispensary employees or any other person, and (e) contain any overly detailed or sexual descriptions of a person’s plight. No Dispensary owner, employee, or volunteer is allowed to write a review of their own business or any of their rivals. If you run a Dispensary, you must monitor the reviews made to your page and remove those that violate the Acceptable Use Policy.

6.2 Photos

Images uploaded must only depict the goods they advertise; people, untidy or cluttered backdrops, product packaging, money, paraphernalia, brand names, and other items are not permitted. Images must be of high quality; no blurring, fuzziness, or flash reflections are acceptable. The picture file must be centred on the product. Images must be of high quality and provide a true representation of the item being sold. Images must not include any pornographic or otherwise offensive content, and must generally adhere to the standards outlined in this Section 6.

6.3 Technological Restrictions

In addition, you agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to or impersonate another user or Ishen Tree or gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; or (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services.

6.4 Monitoring, Suspension, and Termination

If we believe, in our sole discretion, that you have violated the Acceptable Use Policy or any other provision of the Terms of Service, we may (but are not obligated to) review any User Content (including any image files or reviews), investigate, and/or take appropriate action against you (including removing or modifying your User Content, terminating your Ishen Tree Account in accordance with Section 11, and/or reporting you to law enforcement authorities).

7. INDEMNITY

For any claim or demand made by any third party due to or resulting out of (i) your use or misuse of the Site or Services, (ii) your User Content, (iii) your violation of this Agreement; or (iv) you, you agree to indemnify and hold Ishen Tree (and its directors, officers, employees, and agents) harmless from any and all losses, damages, liabilities, complaints, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ You agree to assist with Ishen Tree’s defence of these claims. Ishen Tree retains the right to assume, at your cost, the complete defence and management of any matter in which you must indemnify us. You recognize that Ishen Tree’s approval of any settlement is required. As soon as Ishen Tree becomes aware of a such claim, action, or proceeding, it will take reasonable measures to inform you of the same.

8. THIRD-PARTY INTERACTIONS; THIRD-PARTY MATERIALS; DEALS; MENUS; OTHER USERS; RELEASE

8.1 Conversations with Outsiders

You may communicate with, buy products or services from, or otherwise take part in activities of third-party service providers, marketers, or sponsors whose products or services you see displayed in the Service while using the Site or the Service. Ishen Tree, in particular, is not involved in any deals you do with outsiders. Transactions between you and any third party, including any terms, conditions of use, warranties, or representations related to such transactions, are exclusively between you and that third party. You agree that Ishen Tree has no duty or liability for any such communications, purchases, transactions, or promotions. You acknowledge that you are solely responsible for your actions and relationships with any third parties you encounter while using the Service and that it is your obligation to use care in all such matters.

8.2 Third-Party Materials

Links to other websites, applications, and advertisements for third parties, including but not limited to Deals and dispensary Menus, including costs, product names, and product descriptions for each Menu (defined below) may be displayed, included, or made available through the Site or Services (collectively, “Third-Party Materials”). Third-Party Materials, including their correctness, completeness, timeliness, reliability, copyright compliance, legality, morality, quality, or any other feature thereof, are not the responsibility of Ishen Tree, and you accept that Ishen Tree has no responsibility for them. Any and all risks associated with using Third-Party Materials are assumed solely by you, the user, and not by Ishen Tree. You agree that your use of any Third Party Materials, or any links thereto, is at your own discretion and risk. When you click on a link to access Third Party Content, you will be sent to that third party’s website, where their terms and policies, including their privacy and data collection practices, will apply. You shall do whatever due diligence you deem necessary or reasonable before completing any transaction related to such Third Party Content.

8.3 Deals

Coupons, promotional codes, sweepstakes, samples, and other deals from participating dispensaries (collectively, “Deals”) may be displayed on the Site or made accessible via the Services. In this Agreement, “Third Party Materials” refers to any and all Deals. These Offers are promoted by Ishen Tree on the Site and via the Services only for the benefit of the dispensary (the “Offeror”). Whether or not they are explicitly mentioned on the Site or Services, all Deals are offered directly by the appropriate Offeror and may be subject to additional terms, conditions, or limitations of the Offeror or under applicable legislation. The Offeror, and not Ishen Tree, is solely responsible for (a) the Deal’s redemption; (b) the Deal’s compliance with applicable law (including, without limitation, the advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it delivers to you with respect to with the Deal; and (d) all injuries, illnesses, damages, claims, liabilities, and costs it may cause you to suffer, whether directly or indirectly, in full or in part, as a result

8.4 Other Users

All User Content and Third Party Materials posted or transmitted by a user of the Site or Services are the exclusive responsibility of that user. You understand and agree that we have no control over User Content and/or Third-Party Materials, and as such, we do not guarantee or warrant the accuracy, currency, suitability, or quality of any User Content and/or Third-Party Materials, and we are not responsible for any User Content and/or Third-Party Materials. Any dealings you have with other users of the Site or Service (including Dispensaries) are between you and that person alone. You acknowledge that Ishen Tree is not liable for any harm or loss that may come from such dealings. We are not obligated to mediate or resolve any disagreements you may have with other users of the Site or the Services.

8.5 Release

You hereby discharge and forever discharge Ishen Tree (and our officers, employees, agents, replacements, and assigns) from and hereby waive and relinquish your rights with respect to any and all past, present, and future disputes, claims, controversy, demands, rights, obligations, liabilities, actions, and causes of action of all kinds (including claims concerning privacy, receipt of text messages, personal injurious acts, and defamation) arising out of or in any way related to your use of. You, If You Are A California Resident, Hereby Waive California Civil Code Section1542, Which Says: “A General Release Does Not Extend To Claims Which The Creditor Or Publishing Party Does Not Know Or Suspect Existed In His Or Her Favor At The Time Of Carrying Out The Release And Which, If Known By Him Or She Would Have Significantly Influenced His Or Her Settlement With The Debtor.” If you are not a resident of California, you understand and agree that the foregoing release includes any and all claims, even if you were unaware of their existence at the time you accepted this Agreement.

9. DISCLAIMERS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR SUPPLIERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ISHEN TREE NOR ANY OF ITS LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES (A)WILL MEET YOUR REQUIREMENTS; (B)WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SAFE, OR ERROR-FREE BASIS; OR (C)WILL BE PRECISE, DEPENDABLE, FREE OF VIRUSES OR OTHER MALICIOUS CODE, COMPLETE, LEGAL, OR SAFE.

THE ABOVE DELETION MAY NOT APPLY TO YOU SINCE THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED IN CERTAIN JURISDICTIONS.

10. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ISHEN TREE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES IS SOLELY YOUR RESPONSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL ISHEN TREE’S (OR OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) EXCEED THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID ISHEN TREE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMIT WILL NOT INCREASE SINCE THERE ARE SEVERAL CLAIMS.

THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

11. TERM AND TERMINATION

This Agreement shall continue in full force and effect for your use of the Site or Services, subject to the provisions of this Section. At any time and for any reason, including for any use of the Site or Services in violation of this Agreement, we may (a) suspend your liberties to use the Site and/or Services (which includes your Ishen Tree Account) or (b) terminate this Agreement, in our sole discretion. The termination of this Agreement shall result in the immediate deletion of your Ishen Tree account and the denial of access to the Site and the Services. In the event that your Ishen Tree Account is terminated, you acknowledge and agree that any related User Content will be permanently deleted from our Site, Services, and live databases. You agree that Ishen Tree will have no responsibility or obligation to you if this Agreement is terminated for any reason, including if your Ishen Tree Account is terminated or if any of your User Content is deleted. The following sections of this Agreement (3.2-3.4, 4-14) shall survive the expiration or earlier termination of this Agreement.

12. COPYRIGHT POLICY

Users of the Ishen Tree Site and Services are expected to follow the same high standards of respect that we have for the creative works of others. When it comes to intellectual property law, including copyright law, we have a policy in place for our Site and Services that requires the removal of any violating materials and, in appropriate circumstances, the termination of users who are repeat infringers. Please provide the following information to our designated Copyright Agent in the constitute of a written notification (pursuant to 17 U.S.C. 512(c)) if you believe that a user is, through the use of our Site and Services, illegally infringing the copyright(s) in a work and you wish to have the purportedly infringing material removed:

12.1 Your physical or electronic signature;

12.2 Identification of the copyrighted work(s) that you claim to have been infringed;

12.3 Identification of the material on our services that you claim is infringing and that you request us to remove;

12.4 Sufficient information to permit us to locate such material;

12.5 Your address, telephone number, and e-mail address;

12.6 A declaration that you have a reasonable suspicion that the copyright owner, its representative, or the law does not permit the use of the content in question; and

12.7 A statement under penalty of perjury that you are the owner of the copyright that was allegedly infringed or are authorized to act on the owner’s behalf and that the data provided in the notice is correct.

Please be aware that if your written notification contains any misrepresentation of material fact (falsities) as required by 17 U.S.C. 512(f), you will be responsible for compensating us for any damages, costs, and attorneys’ fees we incur as a result of your written notification and allegations of copyright infringement.

The Designated Copyright Agent for Ishen Tree is:

Copyright Agent

Legal Department

122nd NE Glisan, near the I205 exit,

Portland, Oregon.

Email: support@ishentree.com

13. ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE

You and Ishen Tree agree that any and all disputes arising out of, relating to, or in connection with the Site or Services shall be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) for commercial arbitration as in effect from time to time, with the exception of disputes brought in small claims court. Any claim made under any federal, state, or municipal statute or ordinance, including the Telephone Consumer Protection Act of 1991, the Federal Trade Commission Act, the Consumer Product Safety Act, or any other legislation, is subject to this agreement to arbitration. To the fullest extent permissible by law, you are waiving your right to pursue claims in court and opting instead for arbitration, where there is no judge or jury. There is less structure to arbitration proceedings and judicial oversight than there would be in a court case. Any arbitration between you and Ishen Tree will take place on an individual basis, not as part of a class, consolidated, or representative action. If the waiver of class and representative actions in the preceding sentence is found to be invalid or unenforceable, then neither you nor we will be entitled to arbitration and any claims involving a class or representative action must be brought in a court of competent jurisdiction in King County, Washington, notwithstanding any provision in this Agreement to the contrary. The Federal Arbitration Act governs the validity and enforceability of this arbitration agreement. Any court with jurisdiction may enforce the arbitrator’s decision. Regardless of anything else in this Agreement, we both agree that any changes Ishen Tree makes to this dispute resolution provision in the future will not affect any claims for which you have previously given notice to Ishen Tree. Visit www.adr.org or call 800-778-7879 to learn more about the AAA and how to get the arbitration process started. If for any reason a court of competent jurisdiction in King County, Washington, rules that the arbitration provision in this Section is unenforceable or does not apply to a specific dispute, then the action must be filed entirely in that court. To that end, you submit to the exclusive jurisdiction of that court. The Parties agree that the laws of the State of Washington shall apply to any questions regarding the validity or interpretation of this Agreement, without giving effect to any principles of conflicts of law.

13.1 Pre-Arbitration Dispute Resolution

You agree to contact customer support through email at support@Ishen Tree.com in an effort to settle the problem peacefully and effectively before proceeding to formal dispute resolution processes. You must send us any notice you want us to take action on within 90 days of the date of the occurrence that gave rise to the dispute. Before filing a claim in arbitration or any other form, you must first complete this pre-arbitration dispute resolution method, which you agree to do. If the parties’ attempts at alternative dispute resolution fail, either party may initiate arbitration proceedings by sending the other party a written Notice of Dispute (“Notice”) within ninety calendar days of the date the parties mutually agree that the alternative dispute resolution efforts have failed. You may reach us at the address shown in Section 14.6 below with your notice. You acknowledge that if you don’t follow the procedures in this paragraph, you’ll lose the ability to bring your claims to arbitration or elsewhere.

13.2 Confidentiality

The arbitration process, as well as the arbitrator’s judgement and award, shall be held in the strictest confidence for the good of all parties involved.

13.3 Future Changes to Arbitration Agreement

In the event that we modify this Arbitration Agreement in the future (other than a change to the Notice Address) while you are using the Service, you may reject any such modification by providing us with written notice at the Notice Address provided in the Section below within thirty (30) calendar days of the change. The wording of this Arbitration Agreement as of the date you originally accepted these Terms (or accepted any later modifications to these Terms) shall govern any disagreement between us, and by rejecting any future amendment, you agree to arbitrate any issue between us individually in accordance with that language.

14. GENERAL

14.1 There Is Zero Upkeep Or Aid

You know and consent that Ishen Tree is under no obligation to offer you assistance with or maintenance for the Site or Services.

14.2 Changes to Terms of Use

We reserve the right to modify these Terms at any time. In such cases, the updated Terms will be available through the Service. The changes are quick and comprehensive. You acknowledge that it is your responsibility to check these Terms on a regular basis for any changes. You will be deemed to have accepted these terms and conditions by continuing to use our Site or Services upon notification of such changes.

14.3 Copyright/Trademark Information

2018 Ishen Tree Holdings, Inc. Copyright. Legally, that is. Trademarks of Ishen Tree Holdings, Inc. include Ishen Tree®, the Ishen Tree logo, and the Ishen Tree green, purple, and rusty maroon colors used together; the Ishen Tree green, purple, and rusty maroon colors used for hybrid, indica, and sativa cannabis strains; and the Ishen Tree tile designs (collectively, the “Marks”). Apple Inc. (“Apple”) is the owner of the Apple, App Store, and iTunes trademarks. Play by GoogleTM is a trademark of Google, LLC. You agree that without the express written permission of Ishen Tree Holdings, Inc., Apple, or the owners of such third-party marks featured on our site, you may not use any of Ishen Tree’s Marks or any third-party marks displayed on our site.

14.4 Getting to the Apple App Store and Downloading It

When using a mobile application (“Mobile App”) that was obtained by way of the iTunes® or the App Store®, the following additional conditions apply (“App Store Sourced Mobile App”):

(a) You understand and agree that (i) this Agreement is formed between you and Ishen Tree alone, and not Apple, and (ii) the App Store Sourced Mobile App and its content are entirely accountable by Ishen Tree, and not Apple. To the extent authorized by the Usage Rules set out in the App Store Terms of Service, the licence provided to you in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable permission to use the App Store Sourced Mobile App on any Apple Device that you possess or control.

(b) You agree that Apple is under no obligation to provide any kind of support or maintenance services for the App Store-Originated Mobile App.

(c) You may tell Apple and get a refund for the App Store Sourced Mobile App, if it fails to adhere to any relevant guarantee, within a reasonable time after you notify Apple of the failure. Apple disclaims any and all additional warranties, express or implied, with regard to the App Store Sourced Mobile App to the fullest extent allowed by law. As between Ishen Tree and Apple, Ishen Tree shall be solely responsible for any claims, losses, liabilities, damages, costs, or expenditures resulting from any failure to adhere to any guarantee.

(d) You and Ishen Tree agree that, as between Ishen Tree and Apple, Apple has no obligation to investigate, defend, settle, or resolve any controversy or claim (including, but not limited to, claims of product liability, noncompliance with applicable legal or regulatory requirements, or claims arising under the protection of consumers or similar legislation) arising out of or related to the App Store Sourced Mobile App or your ownership or utilization thereof.

(e) As between Ishen Tree and Apple, you and Ishen Tree agree that if a third party brings an intellectual property infringement claim related to the App Store Sourced Mobile App or your ownership or utilization of that App Store Sourced Mobile App, Ishen Tree, not Apple, will be solely responsible for the examination, defense, settlement, and discharge of any such intellectual property infringement claim to the maximum extent required by the Terms.

(f) Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement with respect to your licence of the App Store Sourced Mobile App, and, upon your agreement to all of the terms and conditions of this Agreement, Apple will have the precisely (and will be considered to have accepted the right) to enforce this Agreement with respect to your licence of the App Store Sourced Mobile App towards you as a third party beneficiary thereof.

(g) You hereby affirm, represent, and guarantee that (i) you are not situated in, under the control of, or a national or resident of any country that is subject to an embargo by the United States Government or that has been recognized by the United States Government as a “terrorist supporting” state; and (ii) you are not included on any United States Government list of banned or restricted parties.

(h) Without affecting any other provisions of the Terms, your use of the App Store Sourced Mobile App is subject to any and all relevant third-party terms of the agreement.

14.5 Miscellaneous

All prior agreements between you and us with respect to the Site and Services have been merged into this Agreement. A single or partial exercise of any right or power herein by Ishen Tree will not prohibit any other or subsequent exercise of that or any other right hereunder, nor shall any course of conduct by Ishen Tree in exercising any right or power hereunder preclude any other or further exercise of that or any other right hereunder. The section headings in this Agreement are just for ease of reference and shall not affect the meaning or interpretation of this Agreement. To use the word “including” as a verb signifies “including without limitation.” In the event that any term of this Agreement is invalid or unenforceable, the other sections of this Agreement will remain in full force and effect, and the defective or unenforceable provision shall be considered changed to the extent necessary to make it legal and enforceable. You and Ishen Tree are not entering into an agreement herein that creates any kind of employment, partnership, or joint venture relationship. You may not assign, subcontract, delegate, or otherwise transfer this Agreement or any of your rights or responsibilities hereunder without Ishen Tree’s prior written agreement, and any assignment, subcontract, delegation, or transfer in violation of the above will be null and invalid. Assignees are bound by all of this Agreement’s provisions.

14.6 Ishen Tree Contact Information

If you have any other queries, leave a mail at support@ishentree.com or

info@ishentree.com or give Ishen Tree a call at 18083464604.