Oklahoma Marley Loyalty Program Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF PARTICIPATION IN THE OKLAHOMA MARLEY LOYALTY PROGRAM CAREFULLY.  BY ENROLLING IN THIS PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ENROLL IN THIS PROGRAM.

SECTIONS 10 AND 12 BELOW CONTIAN WARRANTY DISCLAIMERS, LIMITS ON LIABILITY, AND A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR RIGHTS.  PLEASE READ THEM.

1. General. This Loyalty Program (“Program”) is operated by Oklahoma Marley on behalf of itself and its applicable state affiliates. The terms and conditions set forth herein (“Terms”) govern your enrollment and participation in, and our operation of, the Program. As used in these Terms, “us”, “we” or “our” refers to Oklahoma Marley and its affiliates collectively and to Oklahoma Marley and each affiliate in their individual capacity.

2. Terms of Service. Your participation in the Program is subject to our Terms of Service located at https://oklahomamarley.com/terms-of-service/, which is incorporated into these Terms by this reference. .

3. Eligibility. To enroll in the Program, you must be a resident of one of the states identified in Section 5(a) of these Terms with a https://oklahomamarley.com/ account and either: (i) twenty-one (21) years of age or older as a recreational cannabis user in states where recreational cannabis use is lawfully permitted; or (ii) eighteen (18) years of age or older and in possession of a valid medical marijuana registration card issued by the state where you are making a purchase. Our employees are not eligible to participate in the Program. You represent and warrant that you meet the eligibility criteria identified herein. You may be asked to verify that you meet the heightened age and/or other eligibility requirements in connection to your enrollment or participation in the Program, and you hereby agree that you shall not misrepresent your age. Further, you represent and warrant that any party you refer to us for participation in the Program is also of legal age as described above. Without limiting the foregoing, the Program is not available to minors. The program is not available to recreational cannabis users in Ohio or Massachusetts.

4.  Program Enrollment.

a.  Eligible individuals may enroll in the Program by visiting https://oklahomamarley.com/ and following the program prompts to register for the Program on your Account page or at the place order page.

b. You will be required to provide your first name, last name, email address, and phone number to enroll into, and be eligible to receive the benefits under, the Program as set forth herein. To enroll into the program, you consent to receive an SMS message to the phone number you provided for enrollment to verify that such number is accurate. Your enrollment into the Program, and ability to accrue and redeem points in connection therewith, is conditioned on such verification. You may also have the opportunity to provide us with your month of birth in connection to Program birthday benefits that may, or may not, be offered by us at in our sole discretion.

c. One Program account may be associated with only a single email address and phone number. In the event of a dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address and phone number submitted at the time of initial enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address and phone number by an internet provider, online service provider, telecommunication service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or phone number.

5.  Program Operation/Benefits.

a.  The Program only applies to eligible purchases made at Oklahoma Marley store locations in Florida, Illinois, New York, Ohio, and Massachusetts effective as of the date identified for each state below (“Participating States”) and residents of such states who meet the eligibility criteria set forth in Section 3, provided, however, that, subject to the eligibility criteria set forth in Section 3, residents of New York and Pennsylvania may enroll into the Program and redeem points for purchases made within a Participating State.

1. Program effective date for Florida store locations: December 5, 2022
2. Program effective date for Illinois store locations: December 12, 2022
3. Program effective date for Ohio store locations: January 9th, 2023
4. Program effective date for Massachusetts store locations: December 19, 2022
5. Program effective date for New York store locations: June 5, 2023

b.  By enrolling in the Program, you will receive 1 loyalty point for every 1 United States dollar spent at in-store transactions within the participating states identified in Section 5(a) or online transactions at https://oklahomamarley.com/ for later pickup, or delivery if delivery is available, at Oklahoma Marley locations located within the participating states identified in Section 5(a) above. Each loyalty point shall equal $0.025. You can view your earned points within 24-hours of accrual thereof under your Rewards page in your Oklahoma Marley account located at https://oklahomamarley.com/.

i.  For online transactions, you may redeem points in whole dollar amounts rounded down once accrued through your Rewards page on https://oklahomamarley.com/. We shall issue redeemed points in the form of a discount code that will be automatically applied to the applicable purchase transaction and reflected in your order history in your Accounts page at https://oklahomamarley.com/.. Notwithstanding the forgoing, due to state regulatory requirements, we shall apply a minimum purchase fee of $1.00 to any transaction where your redemption of points would otherwise result in a transaction fee between $0.00 and $1.00. Once at the applicable store location, you will be asked to provide your phone number to verify the applicable transaction and associated redemption. We may not be able to, and reserve the right to refuse to, process any redemption requests without such phone verification. Once verified, we will process the transaction, including the requested redemption, subject to the limitations set forth in these Terms.

ii.  For in-store transactions, you may redeem points in whole dollar amounts rounded down once accrued by verbally expressing your requested redemption at checkout. Notwithstanding the forgoing, due to state regulatory requirements, we shall apply a minimum purchase fee of $1.00 to any transaction where your redemption of points would otherwise result in a transaction fee between $0.00 and $1.00. You will be asked to provide your phone number to verify your account on https://oklahomamarley.com/. We may not be able to, and reserve the right to refuse to, process any redemption requests without such phone verification. Once verified, we will process the transaction, including your requested redemption, subject to the limitations set forth in these Terms.

6.  Benefit Limitations.

a.  Points may only be redeemed in connection to an online or in-store purchase made by you.

b.  The applicable discount per purchase transaction, whether in store or online, shall be limited to the lesser of: (i) $100.00; and (ii) the total pre-tax, pre-discount amount of the applicable purchase.

c.  Any points accrued by you shall immediately expire if you fail to make a purchase a Oklahoma Marley purchase, as reflected in your Account page at https://oklahomamarley.com/, within any given 180 day period.

d.  Eligible participants in (1) Massachusetts may redeem points under the Program in exchange for both medicated and non-medicated products, and (2) Ohio may only redeem points under the program in exchange for non-medicated products.

e. The operation of the Program and benefits thereto as described in Section 5 (Program Operation/Benefits) are subject to our rights under Section 9 (Termination and Modification).

7.     Right to Opt-Out. You may unenroll from the Program at any time by: (i) opting-out through your Rewards page in your Oklahoma Marley account located at https://oklahomamarley.com/;or (ii) contacting customer care at Oklahomamarley@gmail.com. Upon opting-out, you shall forfeit all accrued points under the Program.

8.  Program Communications.

a.  If you provided consent to receive promotional messages on https://oklahomamarley.com/, we may send you promotional communications in connection to the Program to the contact method you provided to receive such messages. Text communications are subject to our Text Message Policy set forth at https://oklahomamarley.com/text-message-policy/ (“Text Message Policy”), which is incorporated into these Terms by this reference.

b. You may opt out of receiving Program promotional e-mails by following the opt-out instructions set forth in any such e-mail. You may opt-out of receiving promotional Program text messages in accordance with the opt-out instructions set forth in the Text Message Policy.

c. By enrolling in the Program, you expressly consent to receiving informational email and/or text communications from us. If you opt-out of receiving promotional communications, you may, at our discretion, still receive informational communications from us related to the Program unless and until you unenroll from the Program in accordance with Section 7 (Right to Opt-Out) above. Examples of informational communications include, without limitation, notice that your points are expiring and notice that these Terms are changing.

9.  Termination and Modification.

a.  The Program and its benefits are offered at our sole discretion.  We may, in our discretion, cancel, modify, restrict or terminate these Terms and/or the Program or any aspect or feature of the Program at any time without prior notice, even though such changes may affect the value of rewards or benefits already accumulated or earned and/or the ability to redeem accumulated rewards or benefits.

b.  We reserve the right to exclude you from or to discontinue your participation in the Program and to audit your membership account at any time, in our sole discretion.  Any suspected abuse of the Program, failure to follow any of these Terms, membership inactivity, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program points may result in the revocation of your membership and make you ineligible for further participation in the Program.  If your membership is revoked, any rewards or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.

c. If we sell or transfer a Program participating Oklahoma Marley location (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution, or liquidation), the Program will terminate in respect of such location as of the date that the applicable sale or transfer transaction becomes effective. We may transfer your loyalty program information and data to the acquiring party of such transaction; provided, however, that acquiring party will exclusively determine whether, and to what extent, it will offer a loyalty program similar to the Program.

10.  Disclaimer of Warranties, Limitations of Liability.

TO THE EXTENT NOT PROHIBITED BY LAWS THAT APPLY TO US OR YOU:

a.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

b.  YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON ANY OKLAHOMA MARLEY WEBSITE  OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE ANY OKLAHOMA MARLEY WEBSITE, INCLUDING ANY HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

c.  FURTHER, WE  WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

d.  YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

11.  Indemnification.

a.  You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your participation in the Program in violation of any law, rule, regulation, or these Terms.

12.  Governing Law; Dispute Resolution.

a.  This Program and these Terms will be governed by and construed under the substantive laws of the State of Illinois, as if they were a contract wholly entered into and wholly performed within Illinois and without reference to conflict-of-laws considerations.

b.  ANY DISPUTE RELATING IN ANY WAY TO THIS PROGRAM, THESE TERMS, YOUR PROGRAM MEMBERSHIP, OR THE RELATIONSHIP BETWEEN THE PARTIES SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN COOK COUNTY, ILLINOIS AND YOU AGREE TO SUBMIT YOURSELF TO THE JURISDICTION AND PROCEEDINGS THEREOF.  ARBITRATION MEANS THAT A SINGLE ARBITRATOR WILL DECIDE THE CLAIM, AND YOU WILL NOT HAVE THE RIGHT TO SUE IN COURT OR TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIM. YOUR RIGHTS TO PREHEARING EXCHANGE OF INFORMATION AND APPEALS MAY ALSO BE LIMITED IN ARBITRATION.  IT IS FURTHER AGREED THAT ANY DISPUTE OVER THE SCOPE OF THIS ARBITRATION PROVISION AND ANY DISPUTE AS TO WHETHER A CLAIM IS ARBITRAL SHALL BE SUBMITTED TO THE ARBITRATOR FOR DECISION.  NOTWITHSTANDING THE FOREGOING, TO THE EXTENT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE HAVE A CAUSE OF ACTION IN EQUITY, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY COURT OF COMPETENT JURISDICTION AND YOU CONSENT TO JURISDICTION AND VENUE IN ANY SUCH COURT FOR SUCH PURPOSES. ARBITRATION UNDER THESE PROGRAM TERMS SHALL BE CONDUCTED UNDER THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY RULES THEN PREVAILING WITH THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.  

c.  You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.  Privacy. The personal information collected from you in connection with the Program will be used and disclosed by us in accordance with applicable laws and our Privacy Policy located at https://oklahomamarley.com/privacy-policy/, and if you are a medical cannabis customer, in accordance with our HIPAA Notice of Privacy Practices at https://oklahomamarley.com/. For questions concerning our privacy policy, please contact us at Oklahomamarley@gmail.com.

14.  Financial Incentive Notice to California Residents. The Program may be considered a “financial incentive” under California law. This Notice is to provide you with information regarding any financial incentive or “price or service difference” that we may provide in exchange for your personal information. All terms are used in this Notice as defined in the California Consumer Protection Act or applicable regulations thereunder. To enroll and participate in the Program, you will be asked to provide personal information as described in Section 4(b) hereto in exchange for program points that may be convertible to product discount as described in these Terms. You can opt into the financial incentive or price or service difference by enrolling into the Program as set forth herein.  If you do not wish to opt-in to the financial incentive or price or service difference, do not submit the personal information/enroll in the Program. In some instances, you may have the opportunity to provide personal information on an ongoing basis in exchange for cash, reward points, or other financial incentive, or price or service difference, on an ongoing basis, the amount or nature of which will be specified in each instance at the time the personal information is to be submitted.  You can opt into the financial incentive or price or service difference by submitting your personal information. If you subsequently wish to withdraw from the financial incentive or price or service difference, you may request such withdrawal by unenrolling from the Program through your account page on https://oklahomamarley.com/. Each financial incentive or price or service difference related to submission and use of your personal information is based upon our reasonable but sole determination of the estimated value of such information, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA. For more information, please visit our Privacy Policy located at https://oklahomamarley.com/privacy-policy/.

15.  Contact Us. For information about the Program and your membership, contact Oklahomamarley@gmail.com

16.  Severability. If any provision of these Terms shall be found invalid or unenforceable, the remainder of these Terms shall remain in effect and be interpreted so as best to reasonably effect the intent of the Parties.

17.  Integration. These Terms set forth all of the promises, agreements and conditions regarding the Program and supersedes all prior understandings (whether written, oral or otherwise) pertaining thereto.