Terms & Conditions

Last Updated: July 1, 2024

Purpose of Policy

This is a binding agreement. By using the Internet site located at www.MarchandAsh.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by March and Ash LLC, a California limited liability company (the “Company”) from time to time in its sole and absolute discretion.

The Company may modify these Terms of Use from time to time in its sole and absolute discretion and without the duty to notify you of such modification. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

California Use Only

The Site is controlled and operated by the Company from its offices in the State of California. The Company makes no representation that any of the materials or the Services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current privacy policy can be found by clicking here. The Company’s privacy policy is expressly incorporated into this Agreement by this reference.

Account Information

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a username and password.

You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Company immediately of any unauthorized use of your account, username, or password.

The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

No Giveaways

March and Ash does not giveaway any amount of cannabis, cannabis products, or accessories. Any and all promotions or other offers from March and Ash are conducted in accordance with California law and require a minimum purchase of at least $.25.

User Content

You grant the Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting the Company, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site, its affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.

You will not be compensated for any User Content. You agree that the Company may publish or otherwise disclose your name in connection with your User Content in its sole and absolute discretion. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

The Company has the right but not the obligation to monitor and edit or remove any activity or content in its sole and absolute discretion.

Compliance with Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey by the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by all laws regarding copyright ownership and the use of intellectual property, and you shall be solely responsible for and indemnify the Company against and damages resulting from, any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your login information. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations.

The Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

March and Ash LLC Attn: Website Administrator 2835 Camino Del Rio South San Diego, CA 92108 Email: admin@marchandash.com

Violations

The Company reserves the right to terminate your use of the Service and/or the Site in its sole and absolute discretion. To ensure that the Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the Terms of Use, furnished by the Company with false or misleading information, or interfered with use of the Site or the Service by others.

No Warranties

The Company hereby disclaims all warranties. The Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non infringement. The company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

Limited Liability

The Company’s liability to you is limited. To the maximum extent permitted by law, in no event shall the Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by the company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Affiliated Sites

The Company has no control over, and no liability for any third party websites or materials. The Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither the Company nor the Site has control over the content and performance of these partner and affiliate sites, the Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and the Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that the Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Indemnity

You agree to indemnify and hold harmless the Company for certain of your acts and omissions. You agree to indemnify, defend (with counsel approved by the Company), and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand; provided, that the Company’s failure to notify you shall in no way eliminate or otherwise modify the Company’s rights to indemnification hereunder.

Copyright

All contents of Site or Service are: Copyright © 2018 March and Ash LLC, 2835 Camino Del Rio South, San Diego, California 92108. All rights reserved. Trademarks All trademarks, service marks, and trade names of the Company used on the Site or Service are trademarks or registered trademarks of the Company.

Governing Law/arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. Except for disputes brought in small claims court, all disputes between you and the Company arising out of, relating to, or in connection with the Site or Services shall be determined by arbitration in the County and City of San Diego, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in the County and City of San Diego, California. You hereby accept the exclusive jurisdiction of such court for this purpose.

Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.

Your access and continued use of the site signifies your explicit consent to this waiver.

Severability Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by the Company or by any third party.

Modifications

The Company may, in its sole and absolute discretion and without notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time or from time to time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

Acknowledgement

By using the service or accessing the site, you acknowledge that you have read these terms of use and agree to be bound by them.

Loyalty Rewards Program

Effective July 1, 2024, this agreement describes how the March and Ash Loyalty Rewards Program (hereinafter, the “Loyalty Program”) works and is an agreement between you and March and Ash, Inc., and its subsidiaries (collectively, the “Company”). You agree that use of your account or any feature of this Loyalty Program indicates your acceptance of the terms of this agreement.

The Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules”).

The Program Rules govern the Company’s relationship with members of the Loyalty Program (collectively, “Loyalty Program Members,” and individually, a “Loyalty Program Member,” “Member,” or “you”), including how Members manage their accounts and earn and redeem Loyalty Program points (“Points”).

By participating in the Loyalty Program to receive and redeem benefits of the Loyalty Program, including, without limitation, Loyalty Program Points, you agree that:

• you agree that you represent that you are at least 21 years old (or 18 years old with a valid medical cannabis recommendation) and that you are legally able to enter into this agreement;

• you have read and accept these Program Rules;

• you have read and accept March and Ash’s Terms & Conditions which are incorporated by reference herein; and

• you consent to the collection, use, and disclosure of your personal data by the Company, the Loyalty Program, and their authorized agents and licensees in accordance with the Company’s Privacy Policy.

All Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time without notice. The Company may terminate the Loyalty Program, in whole or in part, with three (3) months' advance notice to all active Loyalty Members and with less than three months’ notice in any jurisdiction if required to do so by applicable law. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Point redemption will be honored after the conclusion of the notice period.

These Program Rules supersede all previous terms and conditions applicable to the Loyalty Program. Except as otherwise expressly prohibited or limited by applicable laws, Company may at any time amend, modify or supplement these Program Rules, the structure for earning and redeeming Points, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Points (collectively “Program Rule Changes”). Loyalty Members are responsible for remaining knowledgeable of the Program Rules and any Program Rule Changes. Your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.

1. JOIN THE LOYALTY PROGRAM

1.1 Eligibility Membership in the Loyalty Program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) provides valid and accurate personal information when enrolling in the Loyalty Program; (d) is not already a member of the Loyalty Program (i.e., does not already have a Membership account); and (e) has not previously been terminated from the Loyalty Program by the Company.

1.1.a. Members are responsible for reading and understanding the Loyalty Program Rules, statements, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Rules, the Member should contact info@marchandash.com.

1.1.b. Members are responsible for reading the Company’s Privacy Policy. in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should contact info@marchandash.com.

1.2. Conditions of Enrollment 1.2.a. Individual Membership. Only individuals are eligible for Loyalty Program membership, and each individual may maintain only one Membership account. All Loyalty Member accounts are individual accounts and no joint or shared accounts are permitted even if you reside within the same household. Loyalty Program benefits are non-transferable unless expressly stated otherwise.

1.2.b. Duplicate accounts. An individual may join the Loyalty Program. However, a Member may not have one or more duplicate accounts under the Loyalty Program at any time. If more than one Loyalty Program Membership Number is assigned to an individual for the Loyalty Program, he/she will only receive Points for one Membership account. Duplicate Membership accounts may be cancelled. When a Member combines their Loyalty Program Membership accounts, the account details will immediately begin to be combined and the Points available instantly.

1.2.c. Personal Profile. Information provided by a Member will be maintained in a personal preference profile with the Membership account. All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current.

i. A Member may change his/her address by changing his/her information on the Company website or contact info@marchandash.com. In certain instances, address changes may require supporting legal documentation.

ii. Name changes to a Membership account must include supporting legal documentation, signature, date and Membership Number.

1.2.d. Use of Information Collected. The information a Member provides to the Company when redeeming Points is processed in accordance with the Company’s Privacy Policy. Communication of relevant information is important to administering the Loyalty Program and providing each Member with the opportunity to maximize the benefits of Membership. Member information will only be disclosed for one or more of the following purposes: 1) in order to better service the Membership account and the Member’s preferences by keeping the Member informed of account status and activities through printed or electronic statements; 2) to assess a Member’s entitlement to benefits; 3) to collect and process Member charges incurred at the Company’s facilities; 4) to offer a Member additional products and services; 5) to send periodic satisfaction or market research surveys; and/or 6) to offer a Member products or services from select reputable companies with whom the Loyalty Program has a strategic relationship because the Loyalty Program believes their offerings will be of interest to the Member. In choosing to become a Loyalty Program Member, the Member consents to receive all the types of information described above, but the Member will be given the opportunity to define and modify mailing and other communication preferences.

1.3 Membership Communications 1.3.a. Members will receive Loyalty Program communications.

1.3.b. All Loyalty Program communications will be sent to a Member’s email address currently provided in the Member’s account. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address or five (5) business days after sending it if delivered to the mailing address provided. Members must keep their email and mailing addresses current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.

1.3.c. Any time a Member contacts info@marchandash.com the Company may ask the Member certain security questions to verify the Member’s identity. Member Support may monitor or record telephone calls to improve quality of service.

1.4 Earning Points. Members may earn Points (the currency of the Loyalty Program) at participating locations in accordance with Section 2.

1.4.a. Points Subject to Program Rules. As set forth in Section 1.1.a., the accumulation of Points is subject to the Program Rules and Company terms and conditions. Each Loyalty Program Member is responsible for reading the Program Rules and related Company communications in order to understand his or her rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Points.

1.4.b. Taxes. Points earned through participating in the Loyalty Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of Points is the sole responsibility of the Member.

1.4.c. Conditions for Transferring Points. Members may not transfer Member’s Points to the accounts of friends, family, or any other person aside from the Member. Members are prohibited from bartering or selling Points for cash or other consideration. Any Points which the Loyalty Program deems in its sole discretion to have been transferred in violation of the Loyalty Program Terms and Conditions may be confiscated.

1.4.d. Points Expiration Policy. Members must remain active in the Loyalty Program to retain Points they accumulate. If a Member account is inactive for six (6) consecutive months, that Member account will forfeit all accumulated Points. Members can remain active in the Loyalty Program and retain accumulated Points by earning Points or redeeming Points in the Loyalty Program at least once every six (6) months. If a Member does not maintain an active status for six (6) consecutive months, the Member’s account may be deactivated and the Member’s Points will be forfeited. Once Points are forfeited, the Points cannot be reinstated, but a Member can earn new Points, unless that Member’s account has been deactivated.

1.7 Other Conditions of Enrollment 1.7.a. Cancelling or Suspending Membership accounts. The Company may cancel a Member’s accumulated Points, suspend Loyalty Program benefits, or cancel a Member’s account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has:

A. Acted in a manner inconsistent with applicable laws, regulations, ordinances;

B. Acted in an inappropriate, fraudulent, abusive or hostile manner;

C. Breached or violated any of these Program Rules or the Company’s Terms and Conditions;

D. Fraudulently claimed eligibility to earn benefits through the Loyalty Program; or

E. Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to Points or any other Loyalty Program Member benefits.

Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

1.7.b. Effect of Membership Cancellation i. The Loyalty Program, Points and other related benefits and services are the sole property of the Company, and are not the property of Members. On cancellation of membership in the Loyalty Program for any reason, all unredeemed Points and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program. Points and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused Points.

ii. If the Company cancels a Member’s account for any reason, the Member may not reapply for membership in the Loyalty Program except in very limited circumstances at Company’s sole discretion, and any unauthorized account opened in the Member’s name following cancellation, as well as Points and other related benefits and services earned in that account will be forfeited upon discovery.

iii. If a Member cancels his/her account, or if a Member account becomes inactive as described in Section 1.4.d., the Member may reapply for membership in the Loyalty Program at a later date, but no Points and other related benefits and services previously forfeited or expired will be reinstated.

1.7.c. Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Loyalty Program Rules, with or without notice, even though such changes may affect the value of Points, or the ability to obtain certain Points. Partner Programs similarly reserve the right to modify their own programs, which may impact your rights and expected benefits under the Loyalty Program. The Company and Partner Programs may, among other things: (i) increase or decrease the number of Points received for a purchase; (ii) withdraw, limit, modify or cancel any Points; (iii) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting Points, or rules governing the use of Points. In accumulating Points, Members may not rely upon the continued availability of any Points.

1.7.d. Termination of Program. The Company may terminate the Loyalty Program with three (3) months' advance notice to all active Loyalty Members. A Member may not accumulate Points, Loyalty Program benefits or amenities after the termination of the Loyalty Program. If the Loyalty Program is terminated, all unredeemed Points will be forfeited without any obligation or liability, and no Points will be honored after the conclusion of the notice period. The Company may terminate any of the Loyalty Program in whole or in part, in any jurisdiction on less than three (3) months' notice if required to do so by applicable law.

1.7.e. Benefits Subject to Availability and Modification. All Loyalty Program benefits, offers, Points and services are subject to availability and may be changed at any time without notice.

1.7.f. Eligibility to Receive Benefits. By accepting any Loyalty Program benefits, amenities, offers, awards or services, including, without limitation, any Points, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Loyalty Program benefits, amenities, offers, awards or services (including, without limitation, Points) under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Loyalty Program benefits, amenities, offers, awards or services at any time.

1.7.g. No Sale or Transfer. Except as expressly permitted in the Program Rules, Points and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any Points or Member benefits which the Company believes may have been transferred, sold or bartered.

2. EARN POINTS

On each eligible purchase, a Member will earn Points equal to five percent (5%) of the subtotal amount (after discounts) of each eligible purchase total. Points are calculated based on the subtotal of eligible purchases after any applicable discounts are applied. Member’s points accumulate and may expire if Member becomes inactive as described in Section 1.4.d. Member may redeem Points as described in Section 3 below.

3. REDEEM POINTS

A Member may redeem Points for discounts on Member’s future purchases, including product redemptions or monetary discounts off products. Points may not be exchanged or redeemed by a Member for cash. Points are not cash and do not have a cash value. Point redemptions are valid only for use by the Member from whose account the Award Redemption was processed and are not transferable.

4. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM

4.1 Monitoring Membership accounts The Company reserves the right to monitor the accounts of all Members, at any time and without notice, for compliance with Program Rules. The Company may review all Members’ Points, purchase history, balances and transaction history including, without limitation, requests for Loyalty Program Points and other benefits.

4.2 Correction of Benefits At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct the amount of Points credited to a Member’s account. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Loyalty Program suspects there has been fraudulent activity connected with the transaction.

4.3 No Warranties or Representations, Express or Implied The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program or by Participating Properties.

4.4 Not Responsible for Acts, Errors, or Omissions The Company is not responsible for: (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests or Member benefits; (b) theft or unauthorized redemption of Points; or (c) any errors published in relation to the Loyalty Program, including, without limitation, any pricing or typographical errors, errors of description, errors regarding participating properties, and Loyalty Program affiliates, and errors in the crediting or debiting of Points from Member accounts. The Company reserves the right to correct, without notice, any errors.

4.5 Interpretation of Loyalty Program Rules All interpretations of these Loyalty Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final.

4.6 Trademarks The Company is the sole and exclusive owners or licensees of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials March and Ash, Inc., and its affiliates. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.

4.7 Waiver The Company’s waiver of any breach of these Loyalty Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Loyalty Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.

4.8 Limitation of Liability IN NO EVENT WILL MARCH AND ASH, INC., ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, ANY PARTICIPATING PROPERTY, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE PROGRAM RULES, OR THE COMPANY’S OPERATION OF THE LOYALTY PROGRAM.

4.9 Choice of Law and Venue Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of California, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state or federal courts located in San Diego, California, United States.

4.10 Subject to Law Membership in the Loyalty Program and the earning and redeeming of Points are subject to all applicable local laws and regulations. Membership in the Loyalty Program, Member benefits are offered in good faith; however, they may not be available if prohibited or restricted by applicable law or regulation in the United States or Member’s jurisdiction of residence. If any part of these Loyalty Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force.

4.11 Entire Agreement The Loyalty Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Company website.