WEBSITE TERMS OF USE

The following "Terms of Use" are the terms on which Lil Leaf USA Inc. offers you access to this site. Throughout this site, the terms "Lil Leaf USA," "we," "us," and "our" refer to Lil Leaf USA. Lil Leaf USA offers this site, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Your use of the site constitutes your agreement to all such terms, conditions, policies, and notices in these Terms of Use.

REGISTRATION

You can register for, and complete the registration process in, the Customer Sign Up section of the website. You may also provide your email to subscribe to Lil Leaf updates on the website. You must provide complete and accurate information about yourself during the registration process. You must be a potential consumer, wholesaler, or retailer who is at least 21 years of age and legally competent to enter into contracts. All personal information provided via this site will be handled in accordance with this site's online Privacy Statement, which may be viewed anywhere on the site by clicking on the “Privacy Statement” link on the footer of the page.

ONLINE SALES

Online sales of Lil Leaf USA products are prohibited. You agree that you will not (directly or indirectly through any intermediary or instrumentality) offer, display, or sell, or facilitate the offering, displaying, or selling of Lil Leaf USA’s products through an online forum, including any e-commerce or auction websites, such as eBay or Amazon, retail websites, radio, or television. In particular, you agree that you will never offer Lil Leaf USA products for sale on cigarstandard.com, backwoods.com, or similar websites—and that you will never help anyone else to do so. You also agree not to sell personal identifying information or information related to Lil Leaf USA and/or your Independent Associate relationship. This covenant will survive the expiration or termination of the IAAA. You hereby agree that you will not use any Internet website, other than the Personal Lil Leaf USA Website, to represent, sell, or market Lil Leaf USA products and/or business opportunity, unless you first submit the website and related information to Lil Leaf USA Compliance at sales@lilleafsmoke.com, and you receive written approval from Lil Leaf USA to use the website.

ELECTRONIC CONTRACTING AND NOTICES

Your affirmative act of registering your contact information in the Customer Sign Up section of the website gives your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any notices or other communications regarding this site. We can send you electronically any notices or other communications to the email address that you provided to us during registration or by posting any notices or other communications on this site. The delivery of any notices or other communications from us is effective when sent by us, regardless of whether you read such notice or other communication when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive such notices or other communications electronically by canceling or discontinuing your use of this site.

In order to receive notices or other communications electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless, or broadband), and a Windows-based or Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any notices or other communications, if you so choose. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

ACCESS COSTS, EQUIPMENT, AND SOFTWARE

You must provide at your own expense the equipment and Internet connections that you will need to access this site. This site may require the use of certain third-party software. You are responsible for all costs associated with acquiring such software, if any, and complying with any licenses associated with such software. We are not responsible for any costs you incur to access or use this site.

LINKS TO OTHER WEBSITES

This site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Lil Leaf USA of the contents of such third-party websites. The inclusion of third-party website links in no way indicates endorsement, affiliation, or association between Lil Leaf USA and the owners and/or operators of such third-party websites, unless specifically stated otherwise. Lil Leaf USA is not responsible for the content of linked third-party websites and does not make any representation regarding the content or accuracy of materials on such third-party websites. If you decide to access third-party websites, you do so at your own risk. Different terms of use may apply to any linked site.

USE OF MATERIAL FROM THIS SITE

All contents of this site, including but not limited to any text, software, files, graphics, photos, images, design, music, musical compositions, video, audiovisual works, and data found on this site (collectively, the "Materials"), are the property of and owned by Lil Leaf USA or its licensors, and are protected by copyright, trademark, and other laws of the United States and other countries. Except in limited circumstances as described below, use of the Materials other than viewing the site, including but not limited to the reproduction, copying, modification, display, adaptation, publication, translation, public performance, reverse engineering, transfer, transmission, broadcast, distribution, licensing, sale, or gift in whole or in part, or the creation of derivative works from such Materials, is expressly prohibited.

In circumstances where certain areas of the site expressly provide that you are authorized to use Materials from the site outside of the site, your authorized use is limited solely to your own personal, noncommercial purposes. Your use of the Materials for personal, noncommercial purposes prohibits you from displaying, publishing, publicly performing, transmitting, broadcasting, distributing, or otherwise making available to any third party such Materials, even without charge, or authorizing, encouraging, providing, or allowing any of the Materials used or obtained by you to be used, reproduced, copied, modified, displayed, adapted, published, translated, publicly performed, reverse engineered, transferred, transmitted, broadcast, distributed, licensed, sold, given, or otherwise used by any third party. In every case, Lil Leaf USA reserves the right to further restrict or revoke your authorization to use the Materials and to bring whatever legal action it deems necessary to enforce these Terms of Use.

MATERIAL YOU SUBMIT

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality, and right to grant a license to use any such material. You may not upload to, distribute, or otherwise publish through this site any content that (i) is libelous, defamatory, fraudulent, obscene, or threatening; infringing on third parties' intellectual property rights, including but not limited to trademark, copyright, or patent rights, right of publicity, right of privacy, trade secret, or other proprietary rights; or harassing, abusive, illegal, or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any applicable law, statute, ordinance, or regulation, or (iii) may contain software viruses, spyware, Trojan horses, political campaigning, chain letters, mass mailings, commercial advertising, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the site.

BY SUBMITTING A PHOTO, COMMENT, OR OTHER CONTENT (COLLECTIVELY, “CONTENT”), YOU ACKNOWLEDGE THAT YOUR CONTENT MAY BE POSTED ON LILLEAF.COM AND/OR OTHER WEBSITES OR SOCIAL MEDIA PLATFORMS OWNED OR CONTROLLED BY Lil Leaf USA, OR ITS AFFILIATED COMPANIES, IN ITS SOLE DISCRETION. Lil Leaf USA reserves the right to, and may or may not, monitor or screen Content prior to posting it. By submitting Content you acknowledge that Lil Leaf USA has no obligation to use or post any Content you submit.

By submitting Content you warrant and represent that it: (a) is your original work, (b) does not infringe upon the copyrights, trademarks, rights of privacy, publicity, or other intellectual property or other rights of any person or entity; (c) that you have obtained permission from any person whose name, or likeness is included in the Content (if any); and (d) that publication of the Content by Lil Leaf USA will not infringe on any third-party rights. By submitting Content you hereby agree to indemnify and hold harmless Lil Leaf USA and its brands from any claims to the contrary.

By submitting Content you grant Lil Leaf USA, its brands, and their agents an unlimited, worldwide, perpetual, license and right to publish, use, display, publicly perform, adapt, and modify the Content, or any component thereof, with or without attribution, as well as to use your name, likeness, and other personally identifying indicia (“Name and Likeness”), in any way, including for advertising and promotional purposes, in any and all media, without limitation as to time or territory, and without additional consideration to you. You acknowledge that you have no right to review or approve how your Content or Name and Likeness is used.

By submitting a [photo/ video/essay/comment], you are granting Lil Leaf USA certain rights to use the [photo/ video/essay/comment], as well as your name and likeness, as set forth in the Terms of Submission.

TRADEMARKS AND COPYRIGHTS

This site may feature trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data that are the property of Lil Leaf USA and its affiliates or licensors. This site also may include trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data of other third parties. All of these trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video, and data are the property of their respective owners, and you agree not to use them in any manner without the prior permission of the applicable owner. This site and all of its content are protected under copyright, trademark, and other laws of the United States and other countries.

DISCLAIMERS

The material contained on this site may contain inaccuracies and typographical errors. You agree that we are not liable for content that is provided by others. We have no duty to prescreen content that is submitted by third parties (including you) to this site, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Lil Leaf USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THIS SITE ARE NONINFRINGING; THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL BE SECURE; THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THIS SITE WILL BE COMPLETE, ACCURATE, RELIABLE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Lil Leaf USA OR THROUGH OR FROM THIS SITE SHALL CREATE ANY WARRANTY OF ANY KIND. Lil Leaf USA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER LIL LEAF USA NOR ANY OF ITS AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Lil Leaf USA, its affiliates, and each of their respective officers, directors, employees, contractors, agents, licensors, and suppliers, from and against any and all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from any violation of these Terms of Use. If you cause a technical disruption of this site or the systems transmitting this site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

JURISDICTION

Lil Leaf USA is incorporated in the State of Delaware in the United States of America, and this site is operated in the United States. The laws of the State of Delaware govern these Terms of Use and your use of this site, and you irrevocably consent to the jurisdiction of the courts located in the State of Delaware for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Delaware and of the United States. If any material on this site, or your use of this site, is contrary to the laws of the place where you are when you access it, this site is not intended for you, and we ask you not to use this site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

CHANGES TO THESE TERMS OF USE

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on this site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

MISCELLANEOUS

If any provision of these Terms of Use is unlawful, void, or unenforceable, the remaining provisions of these Terms of Use will remain in place. A waiver of any term or condition of these Terms of Use in one or more instances will not constitute a permanent waiver of the term or condition or any other term or condition of these Terms of Use or a general waiver. These Terms of Use constitute the entire agreement and understanding between you and Lil Leaf USA with respect to use of the site, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.