Effective Date: June 1, 2020 Welcome to iAnthus Capital Holdings, Inc. (\u201ciAnthus\u201d, \u201cUs\u201d, \u201cOur\u201d, or \u201cWe\u201d). iAnthus is headquartered in the state of New York.<\/p>\n Please read these Terms of Use (\u201cTerms\u201d) carefully prior to using the websites owned by iAnthus including, without limitation, Be., Be. The Cannabis Store, Be. The Medical Cannabis Store, Citiva, Grassroots Vermont, GrowHealthy, Health for Life, Mayflower, and Melting Point Extracts (collectively and individually the \u201cSite\u201d).<\/p>\n Your use of this Site and any features on the Site are subject to these Terms, which we may update from time to time. By accessing this Site in any way, including, without limitation, browsing this Site, using any information on this Site, and\/or submitting information to iAnthus via this Site, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, which incorporates Our Privacy Policy, including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law. If you do not agree to these Terms, do not use this Site.<\/p>\n iAnthus provides this Site for use only by persons located within the United States. iAnthus makes no representation that the Site or its content is appropriate or available for use in locations outside the United States.<\/p>\n Please click on the following sections to learn more about our Terms of Use.<\/p>\n Cannabis remains a Schedule I drug. The cultivation, processing, sale, and possession of cannabis and products containing cannabis, the manufacture, sale, and possession of cannabis paraphernalia, and advertising the sale of cannabis, cannabis products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. See Section 14 for additional information. All cannabis products are intended for personal use only in the jurisdiction in which they are sold. Products sold by iAnthus are not intended for resale or interstate transport.<\/p>\n This Site and the materials on this Site have been prepared by iAnthus for informational purposes only and iAnthus makes no claims with respect to the use or consumption of any iAnthus products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on this Site is not intended to provide medical or legal advice. Information on this Site is not intended to assess, diagnosis, or specifically treat any individual\u2019s medical problem(s) or concerns. Information on this Site is also not intended to provide legal advice in relation to the cannabis industry or any other industry.<\/p>\n Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other health care professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by iAnthus are intended to diagnose, treat, cure, or prevent any disease.<\/p>\n You acknowledge and agree that no partnership is formed and neither you nor iAnthus has the power or the authority to obligate or bind the other.<\/p>\n Content on this Site that is provided by iAnthus and its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (\u201ciAnthus Content\u201d) is the property of iAnthus and its licensors, and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.<\/p>\n You agree not to download, display, or use any iAnthus Content located on the Site for any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of iAnthus, in any other manner that is likely to cause confusion among consumers, that disparages or discredits iAnthus and\/or its licensors, that dilutes the strength of iAnthus\u2019 or its licensor\u2019s property, or that otherwise infringes iAnthus\u2019 or its licensors\u2019 intellectual property rights. You further agree to in no other way misuse any iAnthus Content that appears on this Site.<\/p>\n By entering and\/or using this Site you acknowledge and agree that any name, logo, trademark, or service mark contained on this Site and all iAnthus Content is owned or licensed by iAnthus and may not be used by you without prior written approval. Nothing contained in this Site shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of iAnthus.<\/p>\n Not all products that appear on the Site are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on this Site may appear differently in the dispensary or retail establishment.<\/p>\n Any time you access or use the Site, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Site:<\/p>\n Further, you may not:<\/p>\n We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site (\u201cFeedback\u201d). You may submit Feedback by e-mailing us, at\u00a0info@meltingpointextracts.com. You acknowledge and agree that all Feedback you give us (a) will be treated as non-confidential, and (b) will be the sole and exclusive property of iAnthus. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by iAnthus or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to iAnthus all of your right, title, and interest in and to all Feedback, 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 Feedback.<\/p>\n You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect iAnthus\u2019 rights in such improvements, enhancements and modifications.<\/p>\n You represent and warrant to iAnthus that (a) you have the power and authority to accept and agree to the Terms, (b) you own or control all of the rights necessary to grant the rights and licenses granted herein, and (c) you will not 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 Site.<\/p>\n BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION IS PROVIDED ON AN \u201cAS IS, AS AVAILABLE\u201d 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 THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN, OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE OR THE CONTENT THEREON, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY iANTHUS CONTENT.<\/p>\n YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:<\/p>\n 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, iANTHUS\u2019 AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100). iANTHUS RESERVES THE RIGHT TO DISCONTINUE THIS SITE, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.<\/p>\n 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 iANTHUS FROM AND AGAINST, AND COVENANT NOT TO SUE iANTHUS FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES \u201cA 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.\u201d<\/p>\n THE LIMITATIONS SET FORTH IN THIS SECTION 8 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.<\/p>\n 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 iANTHUS AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.<\/p>\n To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold iAnthus its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively \u201cindemnify\u201d 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) your access to or use of the Site, including any and all iAnthus Content and any features, functionality, tools, and promotions available on and through the Site, (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.<\/p>\n You agree that, at iAnthus\u2019 option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) iAnthus 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 iAnthus (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.<\/p>\n No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.<\/p>\n Though users are required by the Terms to provide accurate information, we do not guarantee the completeness or accuracy of any information provided by any user, including the user\u2019s purported identity, credentials or background. We recommend that you exercise due diligence when deciding to communicate or interact with another user, and we will not be responsible or liable for any damage or harm resulting from your interactions with other users.<\/p>\n Although this Site may be linked to other sites, iAnthus is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site you acknowledge and agree that iAnthus has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.<\/p>\n PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND iANTHUS HAVE AGAINST EACH OTHER ARE RESOLVED.<\/strong><\/p>\n 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.<\/strong><\/p>\n You may bring a qualifying Claim (as defined below) to a small claims court. iAnthus also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in the state courts in New York, NY, and waive any objection as to inconvenient forum. The Terms shall be governed by and interpreted in accordance with the laws of the State of New York without regard to conflict of law principles.<\/p>\n Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder (\u201cClaims\u201d) shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (\u201cAAA Rules\u201d), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York, NY before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.<\/p>\n EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND iANTHUS OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON\u2019S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.<\/p>\n Both of us agree that if iAnthus makes any amendment to this Dispute Resolution section in the future, that amendment will not apply to any claim that was filed in a legal proceeding against iAnthus 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 iAnthus. We will notify you of amendments to this section by posting the amended Terms on eltingpointextracts.com\/terms. If you do not agree to the amended terms, you must cease using the Site immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and iAnthus in accordance with the provisions of this \u201cDispute Resolution\u201d section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).<\/p>\n On certain areas of our Site, 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.<\/p>\n 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.<\/p>\n These Terms constitute the entire agreement between you and iAnthus regarding the use of the Site, and supersedes and replaces any prior agreements you and iAnthus might have had regarding the Site. By using the Site you represent that you are capable of entering into a binding agreement.<\/p>\n If you have any questions or concerns, please contact us at\u00a0info@meltingpointextracts.com.<\/p>\n You can also reach us at:<\/p>\n
\nLast Materially Updated: June 1, 2020<\/strong><\/p>\n1. REGULATIONS IN THE CANNABIS INDUSTRY<\/h2>\n
2. YOU SHOULD SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS<\/h2>\n
3. iANTHUS CONTENT<\/h2>\n
4. USER CONDUCT GUIDELINES<\/h2>\n
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5. FEEDBACK<\/h2>\n
6. WARRANTIES BY USERS<\/h2>\n
7. DISCLAIMERS<\/h2>\n
8. LIMITATION OF LIABILITY<\/h2>\n
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9. INDEMNIFICATION<\/h2>\n
10. USERS; THIRD PARTY WEBSITES<\/h2>\n
11. GOVERNING LAW AND DISPUTE RESOLUTION<\/h2>\n
12. MISCELLANEOUS PROVISIONS<\/h2>\n
13. CONTACT US<\/h2>\n