Intellectual Property

This website is the sole and exclusive property of Dime Industries TM its affiliates, and licensors. Dime Industries TM and its licensors retain all right, title and interest (including all copyright, trademark, and all other intellectual property rights) in the website in perpetuity without release unless expressly granted otherwise. Nothing contained on this website shall be construed as conferring by implication, estoppels, or otherwise, any license or right to any copyright, patent, trademark or other proprietary right of Dime Industries TM or any third party to any users of the website. This website and the content provided on this website, including, but not limited to audio, video, html code, buttons, graphic images, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Dime Industries TM, except that you may view, download, copy and print one copy of material and graphics on one computer from this website for your personal, non-‐commercial use only, provided you do not delete or change any copyright, trademark and other proprietary rights of Dime Industries TM. All rights not expressly granted herein are expressly reserved.

Applicable Law

This website (excluding linked websites) is controlled by Dime Industries TM. By accessing this website, you and Dime Industries TM agree that the statutes and laws of the State of California (USA) (without regard to its conflict of laws principles) apply to all matters relating to the use of this website. If you take any legal action relating to your use of this site or these Terms of Use, you agree to file such action only in the state and federal courts located in the State of California (USA). If you choose to access this website from another location, you are doing so on your own initiative and you are responsible for compliance with the laws of your jurisdiction and you agree that you will not access or use the information on this website in violation of such laws.

Modifications

We may modify, revise, or update these terms of use, at any time, by updating it on this website. You should visit this page from time to time to review the terms of use, because they are binding on you. Your continued use of the website, following the posting of any modification, will be subject to the terms of use in effect at the time of your use.

Consent to Use Electronic Signature

By submitting your application, you are signing this agreement electronically. You agree your signature is the legal equivalent of your manual signature and consent to be legally bound by this agreement’s Terms and Conditions and Privacy Policy. Furthermore, you agree that your use of a keyboard, mouse, or other device to input text and submit the application constitutes your signature as acceptance, and agreement as if actually signed by you in writing. You agree that no certification authority or other third-party verification is necessary to validate your electronic signature, nor does the use of an electronic signature modify enforceability of the terms herein.

Contact

If you have any questions regarding these terms of use, please contact us at: Email: info@dimeindustries.com

The Site provides information related to Services, Products, software, and other resources related to products and Services available by DIME and third-party retail (“Dispensary” “Dispensaries”) locations or via e-commerce; as well as other general information regarding the cannabis industry. Your use of the Sites and any features on the Sites, or participating in any Services, are subject to these Terms, which we may update from time to time. By accessing the Sites in any way, including, without limitation, browsing the Sites, using any information on the Sites, submitting information to DIME via the Sites, and/or participating in any Services, you agree to and are bound by these Terms, and you acknowledge that information you provide or that we collect about you will be processed as described in our Privacy Policy. Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. If you do not agree to these Terms, do not use the Sites, or participate in any Services. DIME provides the Sites and Services for use only by persons located within the United States and select provinces of Canada. DIME makes no representation that the Sites or their content are appropriate or available for use in locations outside the United States.

If we collect or create medical information about you because you are a medical cannabis user, then our Medical Privacy Practices (“MPP”) will also apply to that information. In the event of a conflict between our Privacy Policy and the MPP, the MPP will control.

1. CANNABIS REGULATIONS

Cannabis remains a Schedule I drug. The cultivation, manufacture, processing, sale, and possession of cannabis, cannabis products, cannabis paraphernalia; as well as 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 20 for additional information. All DIME cannabis products are intended for personal use only in the jurisdiction in which they are sold. Products sold by DIME are not intended for resale or interstate transport.

2. CONSULT A MEDICAL AND LEGAL PROFESSIONAL

The information on the Sites is not intended to provide medical or legal advice. The Sites and the materials on the Sites, including DIME IP (defined below) have been prepared by DIME for informational purposes only. DIME makes no claims with respect to the use or consumption of any DIME products. Do not act upon this information without seeking advice from your personal attorney, medical professional, or other applicable, qualified professional. Information on the Sites is not intended to assess, diagnose, or treat any individual’s medical condition(s) or concerns. Information on the Sites is also not intended to provide legal advice regarding the cannabis, or any other industry.

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. Cannabis may expose you to smoke, which is known to the state of California to cause cancer, birth defects, and other reproductive harm. Please be advised that these statements have not been evaluated by the Food and Drug Administration. None of the products made available by DIME are intended to diagnose, treat, cure, or prevent any disease. By entering the site, you acknowledge and agree that no partnership is formed through these Terms or your use of the Sites or participation in any Services and that neither you nor DIME has the power or the authority to obligate or bind the other.

3. DIME INTELLECTUAL PROPERTY (“DIME IP”)

Content on the Sites that is provided by DIME 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 (“DIME IP”) is the property of DIME 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, or use any DIME IP located on the Sites for any publications, in public performances, on websites other than the Sites for any other commercial purpose, in connection with products or services that are not those of DIME, in any other manner that is likely to cause confusion among consumers, that disparages or discredits DIME and/or its licensors, that dilutes the strength of DIME’s or its licensor’s property, or that otherwise infringes DIME’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any DIME IP.

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

4. ACCURACY OF CONTENT, SPECIFICATIONS, INVENTORY AND PRICES

We attempt to ensure that information provided through the Sites, including DIME IP, is complete, accurate, and current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through the Sites. DIME shall not be responsible for any errors or omissions on the Sites; however, when we discover an error, we will endeavor to correct it as soon as possible. If possible, we may notify customers who we are aware of being materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.

Not all products that appear on the Sites are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on the Sites may appear differently in the licensed dispensary or retail establishment in your state.

The Sites may provide you with pricing for products that are carried by us both in the licensed dispensary, retail establishment and/or online. The prices displayed are in U.S. dollars. Products available for purchase via the Sites may only represent the applicable retail prices, and may not consist of taxes, delivery fees, or other applicable state and local mandated fees and taxes. Before you complete an order, all such applicable charges will be applied. The pricing shown to you through use of the Sites may only be good for purchases made through the Sites and may differ from in-store dispensary pricing.

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.

5. DISCOUNTS AND SPECIAL OFFERS

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

6. ORDERS AND DELIVERIES

The Sites may consist of features or links to third party sites permitting you to place an order with a licensed dispensary, retail establishment, or for delivery. When an order for delivery is placed, it will be delivered to an address designated by you so long as that delivery address is compliant with any applicable delivery restrictions set forth by the state in which you reside, by us and/or the third-party partner with whom you place the order.

Wholesale Orders: All orders are subject to acceptance by us and will be confirmed 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 seamless delivery process. Not all products shown on the Sites are available in all states.

Prior to 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 Customer. For example, we may limit 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 or misleading activity, or are placed by dealers, resellers, or distributors without the written appropriate consent of DIME. In the event we make a change to 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 information prior to the acceptance and/or delivery of any order.

7. ACCOUNT(S) CREATION AND MAINTENANCE

In order to use certain features of the Sites (e.g., to use any e-commerce related services) or participate in the Services, you may be required to create one or more Account(s) with DIME (“Account(s)”) and provide certain information about yourself. 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 Account(s) per Account(s) type.

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

DIME 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.

8. USER CONDUCT GUIDELINES

Any time you access or use the Sites 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 Sites:

a. to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
b. if you are not able to form legally binding contracts (for example, if you are under 18);
c. if you are a person barred from receiving our products or Services under the laws of the United States or other applicable jurisdiction; or
d. for any other purposes that are not expressly permitted by these Terms.
Further, you may not:
e. access, copy, distribute, share, publish, use, or store any DIME IP for purposes that are inconsistent with our Privacy Policy, 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 DIME IP to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Sites or Services;
f. access, copy, distribute, share, publish, use, or store, or prepare derivative works from any DIME IP or IP 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;
g. circumvent our systems, policies, including by attempting to access or use the Sites or Services if you have been temporarily or permanently prohibited or blocked from using the Sites or Services;
h. access, search, collect information from, or otherwise interact with the Sites by “scraping,” “crawling” or “spidering” the Sites, 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 DIME, unless you have been specifically authorized to do so in a separate agreement with DIME;
i. use, display, mirror or frame the Sites, or any feature, functionality, tool or content of the Sites or Services, DIME’s name, any DIME trademark, logo, or other proprietary information, without DIME’s express written consent;
j. interfere with, disrupt, damage or compromise the Sites, Services, or our systems or the access of any user, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denialof-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 Sites, or otherwise imposing an unreasonable or disproportionately large load on the Sites;
k. access, tamper with, or use non-public areas of any of the Sites, Services, DIME’s computer systems, or the technical delivery systems of DIME’s providers;
l. probe, scan, or test the vulnerability of any system or network of DIME or its providers, or breach or circumvent any security or authentication measures of such system or network;
m. avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DIME or any of DIME’s providers or any other third party to protect the Sites; n. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Sites to send altered, deceptive, or false source-identifying information;
o. attempt to decipher, decompile, disassemble, or reverse engineer any of the code or software used to provide the Sites;
p. export or re-export the Sites, except in compliance with the export control laws and regulations of any relevant jurisdictions;
q. post reviews on the Sites or Services or any of DIME’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;
r. resell for commercial purposes products purchased through use of the Sites or Services or resell or make commercial use of the Sites, Services, or DIME IP;
s. 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 Sites or use of the Services;
t. otherwise abuse the Sites or Services or breach the Terms; or
u. 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 foregoing 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 Sites and/or Services and termination of your Account(s).

9. USER CONTENT

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

In addition to the User Conduct Guidelines above, your User Content may not:
a. infringe on any rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights;
b. violate any law, statute, ordinance, or regulation;
c. be defamatory, libelous, slanderous, or threatening;
d. contain offensive language or images, including sexually explicit content that is pornographic, obscene, harmful to minors, or constitute violations of child pornography or child sexual exploitation laws;
e. denigrate any ethnic, racial, sexual, or religious group by stereotypical depiction or otherwise;
f. 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);
g. promote physical harm of any kind against any individual or group or characterize violence as acceptable, glamorous, or desirable;
h. provide instructional information about illegal activities; or
i. contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of DIME or any third party.

10. ELECTRONIC AND TELEPHONIC COMMUNICATIONS

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

12. WARRANTIES BY USERS

You represent and warrant to DIME that you have the 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.

13. DISCLAIMERS

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

14. LIMITATION OF LIABILITY

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

a. YOUR USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK;
b. 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 SITES 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 THAT ACCOMPANY ANY PRODUCTS;
c. UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL DIME OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES 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 SITES OR THROUGH YOUR DOWNLOADING OF ANY DIME IP OR OTHER MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITES, 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 EVEN IF DIME HAS BEEN ADVISED OF SUCH INCIDENTS; AND
d. DIME IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS
e. BEYOND DIME’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.
f. 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, DIME’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
g. 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 DIME FROM AND AGAINST 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 THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

THE LIMITATIONS SET FORTH IN THIS SECTION 14 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.

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 DIME 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 release, defend, indemnify, and hold DIME, its parent, subsidiaries, Affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives (individually and collectively, the “DIME 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 Sites, including any and all DIME IP and any features, functionality, tools, and promotions available on and through the Sites, (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 DIME’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) DIME 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 DIME (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. USERS; THIRD PARTY WEBSITES

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’s 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.

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

17. 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 DIME HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 17, 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 California without regard to California’ 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 resolved by binding arbitration administered by JAMS in accordance with its then-applicable JAMS Arbitration Rules and Procedures before a single arbitrator. The parties shall endeavor to mutually agree upon the arbitrator, and if they are unable to do so within twenty-one (21) days following the commencement of the arbitration, the arbitrator shall be appointed by JAMS in accordance with its rules. The arbitration shall take place in Orange County, California, which shall be the legal seat of the arbitration, and the arbitration proceedings shall be conducted in the English language. Each party shall be solely responsible for payment of its own arbitration filing fees, subject to allocation by the arbitrator as permitted under applicable law and the JAMS Rules.

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 DIME 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. However, nothing in this agreement allows the arbitrator to decide the dispute based on fairness alone, personal judgment, or legal theories not raised by the parties.

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 DIME 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 DIME 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 DIME. We will notify you of amendments to this Section by posting the amended Terms on the Sites. If you do not agree to the amended terms, you must cease using the Sites and/or participating in the Services immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and DIME 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).

18. MISCELLANEOUS PROVISIONS

You may be given the ability to provide us with personally identifiable information on certain areas of the Sites or in conjunction with participation in the Services. Please read our Privacy Policy for more information about our information collection and use practices.

From time to time, we may invite users to refer friends, family, or acquaintances to DIME. Any such referral program will be subject to the additional Referral Program Terms.

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 DIME regarding the use of the Sites and DIME IP and participation in the Services and supersede and replace any prior agreements you and DIME might have had regarding the Sites, DIME IP, and Services. By using the Sites 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. DIME may (in its sole discretion) decline to enter into any correspondence, except as otherwise stated in these Terms.

19. CONTACT US

If you have any questions or concerns, please contact DIME at info@DIMEgrows.cm

20. JURISDICTIONAL NOTICES

20.1 ARIZONA
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. MARIJUANA USE MAY AFFECT THE HEALTH OF A PREGNANT WOMAN AND THE UNBORN CHILD. KEEP OUT OF REACH OF CHILDREN” USING MARIJUANA DURING PREGNANCY COULD CAUSE BIRTH DEFECTS OR OTHER HEALTH ISSUES TO YOUR UNBORN CHILD

20.2 CALIFORNIA
GOVERNMENT WARNING: OUR PRODUCTS CONTAIN CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION. MEDICAL MARIJUANA PRODUCTS ARE FOR MEDICAL USE ONLY.

WARNING: PRODUCTS THAT CONTAIN CANNABIS CAN EXPOSE YOU TO CHEMICALS INCLUDING CANNABIS SMOKE AND THC, WHICH ARE KNOWN TO THE STATE OF CALIFORNIA TO CAUSE CANCER AND BIRTH DEFECTS.

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 CULTIVATE 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.

20.3 FLORIDA
PRODUCTS CONTAINING CANNABIS MAY BE HABIT FORMING. KEEP OUT OF REACH FROM CHILDREN. IT IS ILLEGAL TO TRANSFER MEDICAL MARIJUANA TO ANOTHER PERSON

20.4 MASSACHUSETTS
ALL CANNABIS PRODUCTS MUST INCLUDE A WARNING LABEL STATING THAT THE PRODUCT CONTAINS THC AND MAY HAVE PSYCHOACTIVE EFFECTS. A WARNING LABEL THAT STATES THE PRODUCT MAY CAUSE IMPAIRMENT AND THAT CONSUMERS SHOULD NOT OPERATE MACHINERY OR DRIVE AFTER CONSUMING THE PRODUCT. KEEP CANNABIS PRODUCTS AWAY FROM CHILDREN.

20.5 NEVADA
PRODUCTS CONTAINING MARIJUANA CAN IMPAIR CONCENTRATION, COORDINATION AND JUDGMENT. DO NOT OPERATE A VEHICLE OR MACHINERY UNDER THE INFLUENCE OF THIS DRUG. CANNABIS PRODUCTS MAY BE UNLAWFUL OUTSIDE OF THE STATE OF NEVADA. WARNING: CANNABIS PRODUCTS MAY HAVE INTOXICATING EFFECTS AND MAY BE HABIT FORMING. SMOKING IS HAZARDOUS TO YOUR HEALTH. THERE MAY BE HEALTH RISKS ASSOCIATED WITH CONSUMPTION OF CANNABIS PRODUCTS. CANNABIS PRODUCTS SHOULD NOT BE USED BY WOMEN WHO ARE PREGNANT OR BREAST FEEDING.

CANNABIS PRODUCTS ARE FOR USE ONLY BY THE PERSON NAMED ON THE LABEL OF THE DISPENSED PRODUCT. KEEP OUT OF THE REACH OF CHILDREN. MARIJUANA CAN IMPAIR CONCENTRATION, COORDINATION AND JUDGMENT. DO NOT OPERATE A VEHICLE OR MACHINERY UNDER THE INFLUENCE OF THIS DRUG. CONCENTRATED CANNABIS PRODUCTS: CAUTION: WHEN EATEN OR SWALLOWED, THE INTOXICATING EFFECTS OF THIS DRUG MAY BE DELAYED BY 2 OR MORE HOURS.

“THE INTOXICATING EFFECTS OF CANNABIS MAY BE DELAYED BY 2 HOURS OR MORE AND USERS OF CANNABIS PRODUCTS SHOULD INITIALLY INGEST A SMALL AMOUNT OF THE PRODUCT CONTAINING NO MORE THAN 10 MILLIGRAMS OF THC, THEN WAIT AT LEAST 2 HOURS BEFORE INGESTING ANY ADDITIONAL AMOUNT OF THE PRODUCT”;

20.6 NEW JERSEY
“THIS PRODUCT CONTAINS CANNABIS”;

“THIS PRODUCT IS INTENDED FOR USE BY ADULTS 21 YEARS OF AGE OR OLDER AND NOT FOR RESALE. KEEP OUT OF THE REACH OF CHILDREN”;

“THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE CONSUMPTION OF THIS PRODUCT, INCLUDING FOR WOMEN WHO ARE PREGNANT, BREASTFEEDING, OR PLANNING ON BECOMING PREGNANT”;

“DO NOT DRIVE A MOTOR VEHICLE OR OPERATE HEAVY MACHINERY WHILE USING THIS PRODUCT”; AND

THE NATIONWIDE TOLL-FREE TELEPHONE NUMBER USED TO ACCESS POISON CONTROL CENTERS THAT IS MAINTAINED IN ACCORDANCE WITH 42 U.S.C. § 300D-71;

FOR ANY CANNABIS ITEM THAT CONTAINS A TOTAL THC PERCENTAGE GREATER THAN 40 PERCENT:

“THIS IS A HIGH POTENCY PRODUCT AND MAY INCREASE YOUR RISK FOR PSYCHOSIS” PRINTED IN NO LESS THAN 10-POINT FONT.

FOR INGESTIBLE PRODUCTS:

“THE INTOXICATING EFFECTS OF THIS PRODUCT MAY BE DELAYED BY TWO OR MORE HOURS” PRINTED IN NO LESS THAN 10-POINT FONT.

FOR AN ELECTRONIC SMOKING DEVICE: “THIS DEVICE HAS NOT BEEN EVALUATED OR APPROVED BY THE FOOD AND DRUG ADMINISTRATION.”; AND

A LABEL CONTAINING ANY STATEMENTS ABOUT THE PRODUCT OTHER THAN THOSE SPECIFIED IN THIS CHAPTER SHALL CONTAIN THE FOLLOWING STATEMENT PROMINENTLY DISPLAYED, AND IN BOLDFACE TYPE: “THIS STATEMENT HAS NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.

THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.”
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PRODUCTS THAT CONTAIN CANNABIS ARE FOR MEDICAL USE BY A QUALIFYING PATIENT ONLY AND ARE NOT FOR RESALE. THESE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

20.7 New Mexico
A PRODUCT NAME OR PACKAGE SHALL NOT BE MODELED AFTER A BRAND OF PRODUCT THAT IS TRADITIONALLY MARKETED TOWARD CHILDREN. “CONSUMPTION OF THC WHEN PREGNANT, OR BY A MOTHER WHO IS BREASTFEEDING, MAY ADVERSELY IMPACT AN INFANT’S DEVELOPMENT”, “DO NOT DRIVE A VEHICLE OR OPERATE HEAVY MACHINERY WHILE UNDER THE INFLUENCE OF THIS PRODUCT”, AND “KEEP OUT OF REACH OF CHILDREN”; “WARNING: VAPING THC HAS BEEN ASSOCIATED WITH CASES OF SEVERE LUNG INJURY, LEADING TO DIFFICULTY BREATHING, HOSPITALIZATION, AND EVEN DEATH.”

20.8 NEW YORK
MEDICAL MARIHUANA PRODUCTS MUST BE KEPT IN THE ORIGINAL CONTAINER IN WHICH THEY WERE DISPENSED AND REMOVED FROM THE ORIGINAL CONTAINER ONLY WHEN READY FOR USE BY THE CERTIFIED PATIENT. KEEP SECURED AT ALL TIMES. MAY NOT BE RESOLD OR TRANSFERRED TO ANOTHER PERSON. MEDICAL MARIHUANA PRODUCTS MIGHT IMPAIR THE ABILITY TO DRIVE. KEEP SUCH PRODUCTS AWAY FROM CHILDREN (UNLESS MEDICAL MARIHUANA PRODUCT IS BEING GIVEN TO THE CHILD UNDER A PRACTITIONER’S CARE). MEDICAL MARIHUANA PRODUCTS ARE FOR MEDICINAL USE ONLY. WOMEN SHOULD NOT CONSUME DURING PREGNANCY OR WHILE BREASTFEEDING EXCEPT ON THE ADVICE OF THE CERTIFYING PRACTITIONER, AND IN THE CASE OF BREASTFEEDING MOTHERS, INCLUDING THE INFANT’S PEDIATRICIAN.

20.9 OKLAHOMA
CONTAINERS SHALL NOT BE ATTRACTIVE TO MINORS AND SHALL NOT CONTAIN ANY CONTENT THAT REASONABLY APPEARS TO TARGET CHILDREN, INCLUDING TOYS, CARTOON CHARACTERS, AND SIMILAR IMAGES.

PACKAGES SHOULD BE DESIGNED TO MINIMIZE APPEAL TO CHILDREN AND SHALL NOT DEPICT IMAGES OTHER THAN THE BUSINESS NAME LOGO OF THE MEDICAL MARIJUANA PRODUCER AND IMAGE OF THE PRODUCT. PACKAGING MUST CONTAIN A LABEL THAT READS: “KEEP OUT OF REACH OF CHILDREN.”

ALL MEDICAL MARIJUANA AND MEDICAL MARIJUANA PRODUCTS MUST BE PACKAGED IN CHILD-RESISTANT CONTAINERS AT THE POINT OF SALE OR OTHER TRANSFER TO A PATIENT, A PATIENT’S PARENT OR LEGAL GUARDIAN IF PATIENT IS A MINOR, OR A CAREGIVER. LABEL MUST CONTAIN A WARNING THAT STATES “WOMEN SHOULD NOT USE MARIJUANA OR MEDICAL MARIJUANA PRODUCTS DURING PREGNANCY BECAUSE OF THE RISK OF BIRTH DEFECTS.”

20.10 CANADA MT
WARNING: THE SMOKE FROM CANNABIS INCLUDES TOXIC CHEMICALS THAT INCREASE YOUR RISK OF HEART AND LUNG DISEASE. THE MORE OFTEN YOU SMOKE, THE GREATER THE RISK.

WARNING: USING CANNABIS BEFORE AGE 25 CAN HARM BRAIN DEVELOPMENT. THIS CAN WORSEN YOUR ATTENTION, CONCENTRATION, AND MEMORY, ESPECIALLY WHEN USING CANNABIS EVERY DAY OR MOST DAYS.

WARNING: USING CANNABIS BEFORE AGE 25 INCREASES YOUR RISK OF MENTAL DISORDERS LIKE PSYCHOSIS AND SCHIZOPHRENIA. THE MORE OFTEN YOU USE, THE GREATER THE RISK.

WARNING: CANNABIS CAN CAUSE PSYCHOTIC SYMPTOMS LIKE SEVERE PARANOIA. THE RISK IS GREATEST IN PEOPLE YOUNGER THAN 25 OR WHEN USING PRODUCTS HIGHER IN THC.

WARNING: USING CANNABIS EVERY DAY OR MOST DAYS CAN LEAD TO DEPENDENCE. DEPENDENCE ALSO INCREASES YOUR RISK OF ANXIETY AND DEPRESSION.

WARNING: CANNABIS CAN BE ADDICTIVE. THE HIGHER THE THC, THE GREATER THE RISK.

WARNING: LONG-TERM CANNABIS USE INCREASES YOUR RISK OF ANXIETY AND DEPRESSION. THE MORE OFTEN YOU USE, THE GREATER THE RISK.

WARNING: THE HIGHER THE THC, THE GREATER THE RISK OF ADVERSE EFFECTS. THESE CAN INCLUDE PARANOIA, ANXIETY, AND DEPENDENCE. WARNING: DO NOT USE CANNABIS IF PREGNANT OR BREASTFEEDING. USING CANNABIS CAN HARM YOUR BABY'S GROWTH AND DEVELOPMENT.

WARNING: DO NOT DRIVE UNDER THE INFLUENCE OF CANNABIS. IT PUTS YOUR LIFE AND OTHER PEOPLE'S LIVES AT RISK.

21. CHANGES TO THESE TERMS

DIME 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 Sites 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 Sites and that DIME will have no liability to you if the Sites or Services are discontinued or your ability to access the Sites or participate in the Services are restricted.

22. DIME WHOLESALE REWARDS & CREDITS TERMS & CONDITIONS

Your enrollment in the Dime Wholesale Rewards & Credit Program (“Program”) is subject to these Terms, which we may update from time to time. By joining the Program, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms, and you acknowledge that information will be processed as set forth in Our Privacy Policy. If you do not agree to these Terms, do not enroll in the Program.

22.1. AUTOMATIC PROGRAM ENROLLMENT
Subject to the terms and conditions herein, the Program is automatically available to DIME wholesale Merchants, e.g., licensed Dispensaries and Distributors of cannabis and non-cannabis products and commercial merchants of non-cannabis products (“Customer”). The Program offers loyalty Rewards (“Rewards”) in which Customers accrue Credit(s) (“Credits”) on eligible orders and can redeem Credits on select Dime products on subsequent orders subject to certain terms and conditions. The Program will not be made available to all Customers, but only to select Customers as determined by Dime from time to time in its sole discretion.

Subject to eligibility requirements, no additional registration, enrollment, or information is required for participation in the Program. Credits will accrue automatically on eligible purchases by Customers. Customers must have an account in good standing with Dime. Credits accrue on a per-Order basis and can be redeemed on a per-Order basis only.

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

Only one (1) Program Account per account/phone number/email address. Any person attempting to obtain or use more than one Program Account, phone number, email address, identity, registration, or log-in, may be disqualified from participating in the Program in DIME’s sole discretion. DIME 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 Rewards Account. As part of the Program enrollment, you will be required to provide your name, date of birth, zip code, email address, and phone number.

Inactivity: Program Accounts that have no qualifying activity (point accruals, redemption, or transactions) for more than 2 consecutive years will be considered inactive and subject to removal from the program at the discretion of DIME. A customer whose account was removed for inactivity may be re-enrolled at any time as a new Rewards Account.

Canceled Orders: Credits will not accrue for any canceled orders, whether canceled by Customer or Dime.

Eligible Items; Restrictions: Program is subject to Dime’s selection of how Credits are accrued and may be earned and redeemed. Credits cannot be redeemed with any other promotion or combined to redeem more than one reward per order. Dime reserves the right to update at any time which items are eligible to accrue Credits for future purchases.

To cancel your Rewards Account, you can: · Email: legal@dime.industries Call: (844) 628-8640

22.2 HOW TO ACCRUE POINTS
Customers will accrue one (1) Credit for every $1 spent on the total qualifying purchase of both cannabis and non-cannabis products (net of discounts, returns, credits, delivery fees, and taxes) of DIME, when the transaction is rung under Customer’s Program Account, except as set forth in detail herein.

Customers can track Points via an online account accessed via the website using a secure login with a valid email. It may take up to 72 hours for points to be populated in an account.

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

From time to time, and in DIME’s sole discretion, DIME 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 website 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. Accrual and/or redemption rates may vary from state to state where the Program is available, in DIME’s sole discretion. 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 Program. We may also impose rules for and limits on membership to the Program or restrict your access to the Program 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 Program.

22.3 HOW TO REDEEM POINTS
Redeeming a Credit: Credits cannot be redeemed in conjunction with any other promotion or discount. Credits will be applied toward an order subtotal only (prior to the applicability of any fees). Credits cannot be redeemed in part and any unused portion of a Credit will be forfeited if the Client does not redeem the full value of the Credit in one order. For example, if a Client earns a Credit of $10 and chooses to redeem the Credit on a $5 order, the full Credit is used on that order and cannot be redeemed on any subsequent order. Points are deducted from the Customer’s Rewards Account balance at the time of redemption.

Unless otherwise specified, Points can be redeemed in the following increments: 1 point = $; 5 points = $5; 10 points = $10 so on and so forth.

Redemption Process:
Submission: Clients have six months to submit a Credit Redemption Report (the “Report”) when requested by DIME with all required fields completed.

Redemption: Clients have six months from the submission date of Report to redeem Credits on future invoices.

Expiration: The credits must be used within 6 months (180 days) from the date of Submission of Report or Credits will expire and they will be removed from your Rewards Account unless otherwise noted. Points cannot be reissued or redeemed after expiration.

Please note that once we receive the report, it takes 3–5 days to process the 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 Rewards Account or redeemed for cash. Points are not valid on and cannot be redeemed for: (1) Previous purchases; or (2) taxes or processing charges.

All redemptions are subject to applicable law. DIME 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 Rewards Account. The Customer name on the Rewards Account must match the valid picture ID (driver’s license, passport, etc.) that matches the name printed on the Rewards Account presented at the time of purchase. If the ID does not correspond to the Rewards Account name, the Points cannot be redeemed.

Points must be redeemed in a single transaction and will be surrendered to  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 DIME Rewards Account, redeemed for cash or merchandise credit.

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

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

Points cannot be sold or otherwise bartered.

DIME reserves the right to alter and/or discontinue the Program 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 Rewards Account, the Customer must notify DIME and any claim for Points not credited accurately must be received by DIME within six (6) months of the date of claimed accrual of Points. DIME 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 Rewards Account.

22.4 OTHER TERMS
DIME is entitled to take any action it considers appropriate in its sole discretion, including removing or suspending your Rewards Account and canceling Points accrued if we detect any disqualifying activity concerning your Rewards 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 DIME;
(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).

22.5  OTHER TERMS
THE PROGRAM IS SUBJECT TO APPLICABLE LAW AND APPROVAL BY INDIVIDUAL U.S. STATES. DIME IS NOT RESPONSIBLE FOR ANY POINTS THAT CANNOT BE REDEEMED IN ACCORDANCE WITH THE TERMS DUE TO RESTRICTIONS IMPOSED BY APPLICABLE LAW. DIME RESERVES THE RIGHT TO DISCONTINUE THE PROGRAM, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.
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The DIME 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 Customer’s or other person’s computer system or digital device which is caused or occasioned by participating in the Program 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 Program; (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 Program, 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 Program, please contact DIME at (844) 628-8640.

DIME reserves the right to terminate a Customer’s Program membership, and void any Points accumulated in such Rewards Account(s), if, in DIME’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 Program. DIME reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.

DIME reserves the right, without prior notice and at any time, to terminate the Program, in whole or in part, or modify or suspend the Program, or any portion thereof, in any way, if it determines, in its sole discretion, that the Program 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 Program.

DIME reserves the right, in its sole discretion, to cancel, change, modify or discontinue the Program, 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 Program, 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. DIME may make changes to any element of the Program 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 22 will survive any termination, discontinuation, or cancellation of the Program or your Rewards Account.