TERMS and conditions

TERMS AND CONDITIONS

Effective Date: January 1, 2020

Last Materially Updated: November 1, 2023

Welcome to PTS Corp.

Please read these Terms and Conditions (“Terms”) carefully prior to using the websites, mobile sites, applications, or associated products, software, or any loyalty program (the “Consumer Club”) and/or other services, events, or programs (collectively, the “Services”) owned and operated by PTS Corp. (“PTS”, “us”, “our”, or “we”) and its affiliates, including, without limitation Consume Cannabis Co. and Progressive Treatment Solutions, LLC (“Affiliates”) (collectively, the “PTS Platform”). References to “you” and “your” refer to you, a user of the PTS Platform. To view the portion of this Agreement containing terms and conditions specific to the PTS Consumer Club Loyalty Program, click here .

The PTS Platform provides products, software, and other resources in regards to certain products and Services available at PTS retail locations (or via e-commerce) and other general information about PTS and the cannabis industry. Your use of the PTS Platform and any features on the PTS Platform or utilizing any Services are subject to these Terms, which we may update on occasion. By accessing the PTS Platform in any way, including, without limitation, browsing the PTS Platform, using any information on the PTS Platform, submitting information to PTS via the PTS Platform, and/or participating in any Services, you agree to and are bound by these Terms, and our Privacy Policy. Certain features of the PTS Platform may be subject to additional rules, terms, conditions, or guidelines which will be posted on the PTS Platform in connection with such features. All such additional rules, terms, conditions, and guidelines are incorporated by reference into these Terms. If you do not agree to these Terms, do not use the PTS Platform or participate in any of its Services. PTS provides the PTS Platform and Services for use only by persons located within the United States. PTS makes no representation that the PTS Platform or its content is appropriate or available for use in locations outside the United States.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 16 ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST PTS ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST PTS IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

1. REGULATIONS IN THE CANNABIS INDUSTRY

Marijuana remains a Schedule I drug and is illegal under the federal laws of the United States and certain state laws. The cultivation, processing, sale, and possession of marijuana and products containing marijuana, the manufacture, sale, and possession of marijuana paraphernalia, and advertising the sale of marijuana, marijuana products and marijuana paraphernalia are illegal under the federal laws of the United States and certain state laws. You are solely responsible for complying with any and all applicable laws regarding marijuana in your jurisdiction. See Section 19 for additional information. All PTS marijuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by PTS are not intended or permitted for resale or interstate transport.

2. PTS CONTENT

Content on the PTS Platform that is provided by PTS and its licensors, including, but not limited to, certain imagery, graphics, photographs, screen shots, text, digitally downloadable files, digitally streaming files, videos, audio, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“PTS Content”) is the property of PTS 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, copy, distribute or otherwise use any PTS Content located on the PTS Platform for any publications, in public performances, on websites or other media outlets (including, without limitation, social media platforms) other than the PTS Platform for any commercial purpose, in connection with products or services that are not those of PTS, in any other method or manner that is likely to cause confusion among consumers, that disparages, criticizes or discredits PTS and/or its licensors, that dilutes the strength of PTS’s or its licensor’s property, or that otherwise infringes PTS’s or its licensors’ intellectual property rights. You further agree to in no other way misappropriate any PTS Content.

By entering and/or using the PTS Platform you acknowledge and agree that any name, logo, trademark, service mark, or trade dress contained on the PTS Platform and all PTS Content is owned or licensed by PTS and may not be used by you without prior written consent and approval. Nothing contained in the PTS Platform shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of PTS.

YOU SHOULD SEEK ADVICE AND COUNSEL FROM YOUR OWN PROFESSIONAL ADVISERS

The PTS Platform and the materials on the PTS Platform, including PTS Content have been prepared by PTS for informational and educational purposes only and PTS makes no claims, representations or warranties with respect to the use or consumption of any PTS products. You should not act upon this information without seeking guidance from a medical professional, health professional, attorney or other applicable, qualified professional. The information on the PTS Platform is not intended – and should not be construed - to provide medical nor legal advice. Information on the PTS Platform is not intended to assess, diagnose, nor treat any individual’s medical problem(s) (including, without limitation, mental health and physical ailments) or general concerns. Information on the PTS Platform is also not intended to provide any medical, legal or financial advice in relation to the cannabis industry nor any other industry.

Do not operate vehicles, dangerous equipment, or heavy machinery 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 consuming/using cannabis or any cannabis derivative. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by PTS are intended to diagnose, treat, cure, or prevent any disease or condition. You acknowledge and agree that no partnership is formed through these Terms or your use of the PTS Platform or participation in any Services and that neither you nor PTS has the power or the authority to obligate or bind the other.

Age Eligibility

The PTS Platform is intended solely for users who are (i) twenty-one (21) years of age and older; (ii) eighteen (18) and in possession of a valid Illinois medical cannabis registry card, Ohio medical marijuana registration card, Arizona medical marijuana registration card, or Michigan medical marijuana registration card, or (iii) under eighteen (18), in possession a valid Illinois medical cannabis registry card, Ohio medical marijuana registration card, Arizona medical marijuana registration card, or Michigan medical marijuana registration and accompanies by an adult or authorized caregiver. You represent and warrant either that you satisfy at least one condition as listed above. Certain parts of the PTS Platform may be subject in whole or in part to heightened age and/or other eligibility requirements. As such, you may be asked to verify that you meet the heightened age and/or other eligibility requirements during your use of the Website or Services and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you invite to use the PTS Platform or participate in any of the Services with you is also of legal age as described above. Without limiting the foregoing, the PTS Platform and Services are not available to minors.

3. ACCURACY OF INFORMATION, PRODUCTS, AND PRICING

We endeavor to ensure that information provided through the PTS Platform, including PTS Content, is complete, accurate, and updated. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or timeliness of any information provided through the PTS Platform. PTS shall not be responsible for any errors or omissions on the PTS Platform; however, when we discover an error or omission we will seek 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.

The PTS Platform 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 PTS Platform 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 PTS Platform may only be valid for purchases made through the PTS Platform and may differ from in-store/dispensary pricing or other pricing (such as at other dispensaries not in PTS’ control).

Not all products that appear on the PTS Platform are offered for sale in all states or locations. Certain products may not be available in your jurisdiction. Products shown on the PTS Platform may appear differently in the dispensary (i.e. in-store).

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.

4. ORDERS AND DELIVERIES

The PTS Platform 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 or for delivery. When an order for delivery is placed, it will be delivered to an address you have designated so long as that delivery address is compliant with any applicable delivery restrictions set forth by us through the PTS Platform or as otherwise required in your local jurisdiction. All orders are subject to acceptance by us, which acceptance will be confirmed by us 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 smooth and expedient delivery process. Not all products shown on the PTS Platform are available in our dispensaries, as some products can only be found online.

Prior to any 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 client, consumer or user. For example, we may regulate 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, deceptive, nefarious or misleading activity, or are placed by dealers, resellers, or distributors (including, without limitation, unlicensed, black market or even licensed dealers, resellers or distributors). In the event we modify 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 certain information prior to the acceptance and/or delivery of any order.

5. DISCOUNTS, OFFERS AND SPECIAL OFFERS

The PTS Platform may display, include, or make available coupons, special offers, promotional codes, giveaways, sweepstakes, samples, and other offers from PTS (“Deals”). PTS displays these Deals on the PTS Platform 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 PTS Platform.

6. ACCOUNT(S) CREATION AND MAINTENANCE

In order to use certain features and functions of the PTS Platform (e.g., certain e-commerce or purchasing related services) or participate in the Services, you may be required to create one or more Account(s) with PTS (“Account(s)”) and provide certain information about yourself. You represent and warrant that all registration information you submit is truthful, correct and accurate, and that you will maintain the truthfulness and accuracy of such information at all times. You may not create more than one Account(s) per Account(s) type.

PTS 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.

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 further agree to immediately notify PTS of any unauthorized use, or suspected unauthorized use, of your Account(s) or any other breach of security and data. PTS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements or any other requirements set forth in the Terms.

7. USER CONDUCT GUIDELINES

Any time you access or use the PTS Platform 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 PTS Platform:

• 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 Unites States or other applicable jurisdiction; or

• to systematically obtain or retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a compilation, collection, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

• for any other purposes that are not expressly permitted by these Terms.

Further, you may not:

1. circumvent our systems, policies, including by attempting to access or use the PTS Platform or Services if you have been temporarily or permanently prohibited or blocked from using the PTS Platform or Services;

2. copy, access, distribute, publish, share, use, or store any PTS Content for purposes that are inconsistent with our Privacy Policy or these Terms, 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 PTS Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the PTS Platform or Services;

3. interfere with, disrupt, damage or compromise the PTS Platform, Services or our systems or the access of any user, host or network in any way, including through the use of malware, 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 PTS Platform, or otherwise imposing an unreasonable or disproportionately large load on the PTS Platform;

4. access, search, collect information from, or otherwise interact with the PTS Platform by “scraping,” “crawling” or “spidering” the PTS Platform, 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 PTS;

5. use, display, mirror or frame the PTS Platform, or any feature, functionality, tool or content of the PTS Platform, PTS’s name, any PTS trademark, logo or other proprietary information, without PTS’s express written consent;

6. copy, access, distribute, share, publish, use or store, or prepare derivative works from any PTS 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;

7. access, tamper with, or use non-public areas of any of the PTS Platform, Services, PTS’s computer systems, or the technical delivery systems of PTS’s providers;

8. avoid, evade, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by PTS or any of PTS’s providers or any other third party to protect the PTS Platform;

9. probe, scan, or test the vulnerability of any system or network of PTS or its providers, or breach or circumvent any security or authentication measures of such system or network;

10. forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the PTS Platform to send altered, deceptive or false source-identifying information;

11. post reviews on the PTS Platform or Services or any of PTS’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;

12. 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 PTS Platform or use of the Services;

13. attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the PTS Platform;

14. resell for commercial or personal purposes products purchased through use of the PTS Platform or resell or make commercial use of the PTS Platform, Services or PTS Content;

15. export or re-export the PTS Platform, except in compliance with the export control laws and regulations of any relevant jurisdictions;

16. otherwise abuse the PTS Platform or Services or breach the Terms; or

17. 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 aforementioned 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 PTS Platform and/or Services and termination of your Account(s).

8. ELECTRONIC AND TELEPHONIC COMMUNICATIONS

When you use the PTS Platform, participate in the Services, and/or send e-mails, messages, and other communications from your mobile device, or any laptop or desktop to us, you are communicating with us electronically. You consent to receive communications from us (e.g., updates, information and newsletters) including via text messages, phone calls, e-mail, 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 differ. Consent to receive such message is not required as a condition of purchasing any goods or using/purchasing any 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 third-party cellular telephone operator or other networks. Your carrier may charge standard messaging, data, and other fees/charges, 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.

9. USER CONTENT

We welcome and encourage you to provide feedback, ideas, comments, and suggestions for improvements, modifications, updates, and enhancements to the PTS Platform and/or Services, which may include text, photos, audio, code, forms and agreements, videos, images, files, 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 PTS. Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by PTS for any purpose whatsoever, including developing, improving, enhancing, and marketing products. You hereby irrevocably transfer and assign to PTS 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 PTS’s rights in such improvements, enhancements, updates, and modifications.

In addition to the User Conduct Guidelines above, your User Content may not:

• be defamatory, libelous, slanderous, or threatening in any manner;

• infringe on any rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, trade dress contract rights, trade secrets, or any other intellectual property or proprietary rights;

• contain offensive language or images, including violent and/or sexually explicit content that is pornographic, harmful to minors, obscene, or constitute violations of child pornography or child sexual exploitation laws;

• violate any law, statute, ordinance, or regulation;

• denigrate, disparage or malign any racial, ethnic, religious, gender, sexual, or disability group(s) in any manner, including, without limitation, 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 or use);

• 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 PTS or any third party.

10. MODIFICATION AND SUSPENSION

We reserve the right, at any time in our sole discretion and without notice to you, to modify, alter suspend or discontinue the PTS Platform, the Services, and PTS Content. We may also impose rules or guidelines for and limits on use of the PTS Platform or limit your access to all or part of the PTS Platform 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 PTS Platform, the Services, or PTS Content.

These Terms will survive any termination, discontinuation, or cancellation of the PTS Platform, Services or your Account(s).

11. WARRANTIES BY USERS

You represent and warrant to PTS that you have the necessary 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.

12. USERS; THIRD PARTY WEBSITES

Although users are required by the Terms to provide accurate information, we do not and cannot guarantee the completeness or accuracy of any information provided by any user, including the user’s purported identity, qualifications, or background. We recommend that you use due diligence and caution when deciding to communicate or interact with another user, and we will not be responsible or liable for any harm or damage resulting from your interactions or communications with other users.

Although the PTS Platform may be linked to other sites, PTS is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the PTS Platform, you acknowledge and agree that PTS has not reviewed all the sites linked to the PTS Platform and is not responsible for the content of any off-site pages or any other site linked to the PTS Platform. Your linking to any other off-site pages or other sites or applications is at your own risk. You should refer to the terms and policies governing any other sites or platforms that you use to understand your rights and responsibilities.

13. DISCLAIMERS

BY ENTERING AND/OR USING THE PTS PLATFORM 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 PTS PLATFORM, SERVICES, OR ANY INFORMATION OR SOFTWARE THEREIN OR PROVIDED IN CONNECTION THEREWITH (INCLUDING BUT NOT LIMITED TO PTS CONTENT), OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE PTS PLATFORM, SERVICES OR THE PTS CONTENT, THAT USE OF THE PTS PLATFORM OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY PTS CONTENT.

14. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:

YOUR USE OF THE PTS PLATFORM AND SERVICES IS 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 PTS PLATFORM 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 OR OTHER INFORMATION THAT ACCOMPANY ANY PRODUCTS;

UNDER NO CIRCUMSTANCE(S) (INCLUDING NEGLIGENCE), SHALL PTS OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PTS PLATFORM 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 PTS PLATFORM OR THROUGH YOUR DOWNLOADING OF ANY PTS CONTENT OR OTHER MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE PTS PLATFORM, 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 OR OTHER COMMUNICATIONS EVEN IF PTS HAS BEEN ADVISED OF SUCH INCIDENTS; AND

PTS IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN TRANSMISSION OR OPERATION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND PTS’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, PTS’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 PTS FROM AND AGAINST ANY AND 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 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 14 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PROPERTY DAMAGE OR PERSONAL INJURY 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 PTS 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 indemnify, release, defend, and hold PTS, its parent (if applicable), subsidiaries, Affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives (individually and collectively, the “PTS 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 PTS Platform, including any and all PTS Content and any features, functionality, tools, and promotions available on and through the PTS Platform, (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 PTS’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) PTS 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 PTS (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. 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 PTS HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 11, 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 Illinois without regard to Illinois’ 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 JAMS under its Commercial Arbitration Rules (“JAMS 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 JAMS in accordance with the JAMS 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 PTS 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 PTS 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 PTS 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 PTS. We will notify you of amendments to this section by posting the amended Terms on the PTS Platform. If you do not agree to the amended terms, you must cease using the PTS Platform and/or participating in the Services immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PTS 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).

17. MISCELLANEOUS PROVISIONS

You may be given the ability to provide us with personally identifiable information on certain areas of the PTS Platform or in conjunction with participation in the Services. On certain areas of the PTS Platform, you may be given the ability to provide us with personally identifiable information. 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 PTS regarding the use of the PTS Platform and PTS Content and participation in the Services, and supersede and replace any prior agreements you and PTS might have had regarding the PTS Platform PTS Content, and Services. By using the PTS Platform 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. PTS may (in its sole discretion) decline to enter into any correspondence, except as otherwise stated in these Terms.

18. CONTACT US

If you have any questions or concerns, please contact PTS at info@PTSgrows.com.

You can also reach us at:

Email info@PTSgrows.com

Mail PTS Corp.

PO Box 1781

Arlington Heights, Illinois 60006

19. JURISDICTIONAL NOTICES

19.1 Illinois Residents

Products containing medical cannabis were produced in a medical cannabis cultivation center not subject to public health inspection that may also process common food allergens. Edible cannabis products are medical cannabis-infused products and not food. Products that contain medical cannabis are intended for consumption by registered qualifying patients only. Smoking is hazardous to your health. CAUTION: Our products contain cannabis, and intoxication following use may be delayed 2 or more hours. Products that contain cannabis were produced in a facility that cultivates cannabis, and that may also process common food allergens. MEDICAL MARIJUANA: Products that contain cannabis are for medical use and not for resale or transfer to another person.

19.2 Michigan Residents

19.3 Arizona Residents

Marijuana purchase and consumption is only legal in Arizona only for patients with valid patient registrations cards and individuals 21 years or older. All information contained on the site is for informational purposes only. The statements made regarding any products, including any edible marijuana or other cannabis-infused products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products, including medical marijuana and medical marijuana-infused products, are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. ARIZONA DEPARTMENT OF HEALTH SERVICES’ WARNING: Marijuana use can be addictive and can impair an individual’s ability to drive a motor vehicle or operate heavy machinery. Marijuana smoke contains carcinogens and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, and lung infection. All marijuana and marijuana infused products should be KEPT OUT OF THE REACH OF CHILDREN.

19.4 Ohio Residents

Medical marijuana purchase is only legal in Ohio for qualifying patients with a valid medical marijuana registration card. All information contained on the site is for informational purposes only. The statements made regarding any products, including any edible marijuana or other cannabis-infused products have not been evaluated by the Food and Drug Administration. The efficacy of these products has not been confirmed by FDA-approved research. These products, including medical marijuana and medical marijuana-infused products, are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. MEDICAL MARIJUANA: Products that contain cannabis are for medical use and not for resale or transfer to another person.

20. CHANGES TO THESE TERMS

PTS reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of the PTS Platform or Services after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. In addition to posting the updated Terms, we reserve the right in our sole discretion to notify you of such revisions via email, if provided. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in the PTS Platform and that PTS will have no liability to you if the PTS Platform or Services are discontinued or your ability to access the PTS Platform or participate in the Services are restricted.

21. CONSUMER CLUB LOYALTY PROGRAM TERMS & CONDITIONS

Your enrollment in the Consumer Club is subject to these Terms, which we may update from time to time. By joining the Consumer Club you agree to and are bound by the terms, conditions, policies and notices contained in these Terms and Our Privacy Policy. If you do not agree to these Terms, do not enroll in the Consumer Club. Consumer Club is provided through a third-party service provider and additional terms and conditions may be required upon signing up.

21.1. How To Sign Up

Subject to the terms and conditions herein, the Consumer Club is automatically available to PTS-qualified patients, caregivers, and adult-use purchasers 21 years of age and older who are either: (i) new PTS customers or (ii) existing customers who enroll in this Program that opt-in to the Consumer Club via, consumecannabis.com (“Customer”). Customer’s may also download the Consumer Club app on both Apple and Google Play stores:

Apple: https://apps.apple.com/us/app/consumer-club/id6449714168

Google: https://play.google.com/store/apps/details?id=com.consumerclub.wallet

PTS’s and its Affiliates’ employees are not eligible to earn or redeem Points while a PTS employee.

By signing up for the Consumer Club, Customer will receive text/email communications from PTS (through PTS and/or a third-party provider). Customers may opt out of text/email communication at any time, but will still remain part of the Consumer Club. By providing a mobile phone number and signing up for the Consumer Club, Customer consents to receive recurring marketing text messages at the phone number provided via an automatic text message delivery system and/or artificial/pre-recorded voice calls from PTS and its Affiliates. Consent is not required as a condition of any purchase. Message and data rates may apply.

Upon enrollment and subject to compliance with applicable law, Customer may receive, at the sole and reasonable discretion of PTS, as set forth in detail below, free PTS-branded merchandise (not including Customers in states where such merchandise is prohibited), exclusive offers, communications, and early previews of PTS products.

To sign up, prospective Customer must (1) create an Account for the Consumer Club, providing all information requested, including a valid name and contact information, including email, address, or phone number (“Consumer Account”), (2) sign or acknowledge any PTS Consumer Club Form(s); and (3) save wallet (“Wallet”) to phone/computer.

Only one (1) Consumer Account per person/phone number. Any person attempting to obtain or use more than one Consumer Account, phone number, identity, registration, or log-in, may be disqualified from participating in the Consumer Club in PTS’s sole discretion. PTS is not responsible for any incorrect or inaccurate information supplied by any Customer. 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 Consumer Account. As part of the Consumer Club enrollment, you will be required to provide your name, date of birth, zip code, and phone number.

If you are unable to directly cancel your Consumer Account via e-mail or text, please email PTS at info@PTSgrows.com to assist.

21.2. How To Accrue Points

Customers will accrue one (1) loyalty point (each, a “Point”) for every $1 spent on the total qualifying purchase of both cannabis and non-cannabis products (net of discounts, returns, credits, and taxes) made at any participating, qualifying PTS dispensaries in IL and MI (and such other states as may be designated by PTS in its discretion, subject to such states’ applicable legal requirements) when the transaction is rung under Customer’s Consumer Account, except as set forth in detail herein. Points may only be added to a Consumer Account at the time of the qualifying transaction. It may take up to 24 hours following a purchase for points to appear in a the a Customer’s Consumer Account.

Points may be used and combined with other valid PTS offers.

Customers can track Points via Customer’s Wallet that can be accessed via the secured weblink sent to Customer’s mobile phone upon enrollment.

There is no maximum on the amount of Points a Customer can earn.

From time to time, and in PTS’s sole discretion, PTS may offer other methods of accruing and redeeming Points. Any methods of accruing and redeeming Points are subject to these Terms and any additional terms listed on the Wallet or otherwise presented in connection with the description of the applicable Point accruing and redeeming method, if any (“Additional Terms”). Not all accrual activities will be available to all Customers. In the event of any conflict between these Terms and any Additional Terms, the Additional Terms shall control. We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Consumer Club. We may also impose rules for and limits on membership to the Consumer Club or restrict the usage of Points 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 Consumer Club.

21.3. How To Redeem Points

Points are deducted from the Customer’s Consumer Account balance at the time of redemption.

In the event of a dispute concerning the identity of a Customer, the Customer will be declared the registered Consumer Account holder of the phone number associated with the Consumer Account, but only if that person meets all other eligibility criteria.

Points may be earned and redeemed throughout any of our dispensaries, subject to state regulations and as provided below. Redemptions and redemption values, however, may vary.

Every 250 points is valued at Ten US Dollars ($10.00) (e.g. 500 points = $20, 750 points = $30, 1000 points = $40, etc.)

In Arizona, Illinois and Michigan, points may be redeemed for cannabis products or non-cannabis accessories.

IN OHIO, POINTS MAY ONLY BE REDEEMED FOR NON-CANNABIS ACCESSORIES.

Points earning and redemption will be state specific and points may not be transferred between states. Consumer points earning and redemption will be shared within a state and can be earned and redeemed across stores within the same state.

The Points are exclusive to the participating, qualifying, PTS retail stores and cannot be used in non-PTS retail stores or non-participating, non-qualifying PTS retail stores.

Points can be redeemed in the following increments: 250 points = $10 off in IL and 300 points = $10 off in MI. Consumer Club and any associated Consumer points are not currently available in Arizona. All redemptions are subject to applicable law. PTS IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW.

Points are non-transferable and can be redeemed only by the Customer associated with the Consumer Account. The Customer name on the Consumer Account must match the valid picture ID (driver’s license, passport, etc.) that matches the name printed on the Consumer Account presented at the time of purchase. If the ID does not correspond to the Consumer Account name, the Points cannot be redeemed.

Points must be redeemed in a single transaction and will be surrendered to PTS at the time of purchase. If the entire redemption amount is not used, any unused Points are forfeited. The unused Points cannot be credited to any Consumer Account, redeemed for cash or merchandise credit.

Points will not be refunded with returns if Points were redeemed during such transaction.

Points have no cash value and cannot be credited to a Consumer Account or redeemed for cash.

Points are not valid on and cannot be redeemed for: (1) Previous purchases; or (2) taxes or processing charges.

Lost or stolen Points will not be replaced. You agree that you are solely responsible for maintaining the confidentiality of your Consumer Account login information and are fully responsible for all activities that occur under your Consumer Account. You agree to immediately notify PTS of any unauthorized use, or suspected unauthorized use, of your Consumer Account or any other breach of security. PTS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. PTS may suspend or terminate access to your Consumer Account in its sole and absolute discretion. In the case that your Consumer Account is terminated, these Terms shall remain, to the extent applicable, in full force and effect.

Points cannot be sold or otherwise bartered.

PTS reserves the right to alter and/or discontinue the Consumer Club at any time without notice.

If the total sale is greater than the Points being redeemed, Customer must provide payment prior to completing the transaction.

Customer shall have the responsibility of ensuring that his or her Points are properly credited. If a Customer believes that Points were not properly accrued to his or her Consumer Account, the Customer must notify PTS and any claim for Points not credited accurately must be received by PTS within six (6) months of the date of claimed accrual of Points. PTS shall have no liability for any printing, production, typographical, mechanical or other errors or for any delay or failure to credit Points to Customer’s Consumer Account.

21.4. Disqualifying Activities

PTS is entitled to take any action it considers appropriate in its sole discretion, including removing or suspending your Consumer Account and canceling Points accrued if we detect any disqualifying activity concerning your Consumer Account including but not limited to:

(i) engaging in illegal or fraudulent activities;

(ii) supplying or attempting to supply false or misleading information, or making a misrepresentation to PTS; or

(iii) selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any Points other than in accordance with these terms and conditions; or

(iv) excessive accruing of Points (via fraud or other means).

21.5. Other Terms

THE CONSUMER CLUB IS SUBJECT TO APPLICABLE LAW AND APPROVAL BY INDIVIDUAL U.S. STATES. PTS IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW. PTS RESERVES THE RIGHT TO DISCONTINUE THE CONSUMER CLUB, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.

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

If you have any questions or concerns regarding the Consumer Club, please contact PTS at info@PTSgrows.com.

PTS reserves the right to terminate a Customer’s Program membership, and void any Points accumulated in such Consumer Account(s), if, in PTS’s sole discretion, the Customer appears to have violated any of the Terms or any applicable law, or earns Points via deception, forgery, fraud, or commit any other abuse of the Consumer Club. PTS reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law

PTS reserves the right, without prior notice and at any time, to terminate the Consumer Club, in whole or in part, or modify or suspend the Consumer Club, or any portion thereof, in any way, if it determines, in its sole discretion, that the Consumer Club is impaired or corrupted or that fraud, breach of confidentiality, or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the Consumer Club.

PTS reserves the right, in its sole discretion, to cancel, change, modify or discontinue the Consumer Club, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, the Point accruing/accumulation ratio, the Point redemption policy, and the Point expiration policy, or any other aspect of the Consumer Club, in whole or in part, at any time, with or without advance notice, even though changes may affect the value of the Points and rewards already accumulated. PTS may make changes to any element of the Consumer Club to correct for typographical, printing or other errors and you waive any rights relating to same. Any changes will become effective immediately upon posting the revisions. At all times, Customers are solely responsible for remaining knowledgeable about and in compliance with these Terms. Your use of Points after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions.

Only the type and quantity of Points described in these Terms will be awarded.

This Section 21 will survive any termination, discontinuation, or cancellation of the Consumer Club or your Consumer Account.