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Lume Loyalty Program – Terms and Conditions

Effective: 6/13/22

Welcome to the Lume Loyalty Program (“Program”), owned and operated by Lume Cannabis Co. and its affiliates (collectively, “Lume”), in conjunction with Springbig. These Terms and Conditions (“Agreement”) govern your participation in the Program. You agree to be bound by this Agreement, as it is amended from time to time, when you open your Lume Loyalty account and use your Lume Loyalty points. In this Agreement “you” and “your” refers to each customer who opens a Lume Loyalty account. “We,” “us,” and “our” refers to Lume.

  1. Program Description. The Program is a rewards program that is free to join for its registered customers located in Michigan. Program members are able to earn and accumulate points (“Points”) that can be redeemed for certain additional benefits as described in the Program.
  2. Membership.
    1. Eligibility. Membership in the Program is limited to individuals only and is limited to one account per individual. Members must be Michigan residents who are legally eligible to purchase cannabis products under Michigan law. By enrolling in the Program, you agree to be bound by these Terms and Conditions (“Terms”). No purchase is necessary to enroll in the Program. There are no participation or membership fees associated with the Program.
    2. How to Join. You may register for the Program online at https://lume.com/loyalty and providing the requested information.
  3. Earning Points.  Points are earned on products purchased by you that are eligible for Points and verified by Lume (“Qualified Purchases”). Points may also be earned through promotional offers made available to Program members from time to time, subject to the terms of the promotional offer. Points earned on Qualified Purchases will be made available when the purchase is completed. You will earn one Point for every one dollar ($1) of Qualified Purchases. Points earned through promotional offers will be made available pursuant to the terms of the promotional offer. There is no cap on how many Points you can earn. Points may not be earned in fractional amounts. Instead, Points are rounded up to the nearest Point value.
  4. Exclusions to Earning and Redeeming Points. Points will not be earned and cannot be redeemed for non-Qualified Purchases, or taxes or costs associated with shipping and delivery fees, service fees, handling fees, warranty replacement parts, donations, catalogs, or bottle deposit fees.
  5. Promotional Offers. Lume reserves the right to make other promotional offers available to Program members from time to time in its sole discretion. The terms of such promotional offers will be made available at https://lume.com/ or other means of communication.
  6. Viewing Points. You can view and track your current Points balance, as well as any Point activity and available rewards options, by logging into your Lume account.
  7. Redeeming Points. You may redeem Points at any time to receive one of the predetermined set of rewards offered by Lume (“Reward”). There is no cap on how many Points you can redeem at one time. Points may be redeemed through the e-wallet in your Lume account, or at checkout at Lume.com, and/or by any other means Lume may offer from time to time.
  8. Taxes. All costs and expenses associated with the acceptance and use of Rewards and/or any benefit not included in the Reward description as being provided (including, but not limited to, all federal, state, provincial, and local taxes) will be your sole responsibility.
  9. Return of Products.  If you return any product that was purchased in whole or in part by redeeming Points and Lume accepts the return, Lume will credit to your account the number of Points that were used for that purchase. If you return any product for which Points were earned as part of a Qualified Purchase, Lume will deduct the Points that you earned for that Qualified Purchase from your account, potentially resulting in a zero Point balance on your Lume account; however, it will not result in a negative Point balance.
  10. Expiration of Points. Unless otherwise expressed as a limited time offer, all accrued Points in your account will automatically expire after one (1) years of inactivity. Inactivity” is defined as no purchase activity during a one (1) consecutive year period, including but not limited to purchasing a product, redeeming Points, or earning Points.
  11. Communications by and with Lume and its Affiliates and Business Partners. As a consequence of enrolling in the Program, you may receive transactional emails and SMS text communications about the Program, including but not limited to communications regarding Qualified Purchases and Points and Rewards. You consent to receiving these communications.
  12. Opting Out of the Program. You can choose to opt out of the Program at any time. Opting out of the Program does not cancel your Lume account. If you opt out of the Program and continue purchasing products, you will not earn Points on those purchases; however, Points you earned while you were enrolled in the Program will remain available in your account until the Points expire. You will not have the ability to redeem your Points while opted out of the Program. You may opt back into the Program at any time, and resume earning Points on Qualified Purchases and redeem any unexpired Points in your account.
  13. Data Privacy Policies and Terms of Use.  
    1. Lume Policy. By enrolling in the Program, you agree to be bound by Lume’s Privacy Policy at https://lume.com/privacy . Please read Lume’s Privacy Policy carefully to understand how Lume collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you. Moreover, your use of the Lume.com website is also governed by the Terms of Use available at https://lume.com/terms .
    2. Third Parties. Lume may rely on or cooperate with certain third parties to implement some or all of the Program. You may be presented with the privacy policies and terms of use of those third parties, and your registration with and use of the Program indicates your agreement to such policies and terms. In particular, at this time, Lume relies on Springbig to implement the Program. Its privacy policy is available at https://springbig.com/privacy/ , and its terms of use are available at https://springbig.com/terms/ .
  14. Amendments. Lume may, in its sole discretion, alter, limit, amend or modify these Terms at any time or may terminate the Program any time, by posting any such changes at https://lume.com/loyalty. The amendments or modifications to the Program that Lume may make include, but are not limited to, any of the following changes: (i) change the Products that are eligible to earn Points; (ii) increase or decrease the number of Points earned on a Qualified Purchase; (iii) increase or decrease the number of Points required to earn a Reward; (iv) increase or decrease the time period for the expiration of Points; (v) cease providing membership benefits; (vi) change the eligibility or method of becoming a member; or (vii) changes to Program rules or rewards. Electing to remain a member after a change in the Terms constitutes your acceptance of the revised Terms.
  15. Termination/Removal from the Program. Lume reserves the right to terminate your participation in the Program based on inactivity, or if Lume determines, in its sole discretion, that you have violated these Terms or that the use of your Program account is unauthorized, deceptive, fraudulent or otherwise unlawful.  In the event that your participation in the Program is terminated, all accrued Points in your account will automatically expire.
  16. No Cash Value of Points. Rewards do not constitute property, do not entitle you to a vested right or interest. Points accrued in connection with the Program are promotional, have no cash value, cannot be transferred to anyone else, and cannot be redeemed for cash, gift cards, or e-gift certificates.
  17. LIMITATIONS OF LIABILITY:  No responsibility or liability is assumed by Lume for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online, mobile or other communication problems; disruptions, errors or limitations of any Internet service providers or wireless carriers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail or text transmissions to be sent or received; lost, late, delayed or intercepted e-mail or text transmissions; inaccessibility of the Program in whole or in part for any reason; traffic congestion on the Internet or Program; unauthorized human or non-human intervention, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program , or loss, miscount, misdirection, inaccessibility or unavailability of a Lume account used in connection with the Program. Lume is not responsible for any errors in the Rewards tallies, any display or announcement of Rewards, or Terms or any inaccurate or incorrect data contained on the Program website, including without limitation, the amount of Rewards available, or any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from online participation in the Program , or use of or download of any information. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  Under no circumstances will Lume be liable for punitive, incidental, consequential, or any other damages.
  18. Arbitration.

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

  1. Agreement to Arbitrate. Any dispute or claim arising out of or relating to these Terms, the Program, or your access to or participation in the Program (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration in accordance with this Section.
  2. Arbitration Procedure. The arbitration of any dispute or claim shall be initiated through JAMS and conducted in accordance with the JAMS fee schedules and rules, as modified by these Terms. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com. You and Lume agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
  3. Authority of Arbitrator. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Lume.
  4. Class Action Waiver. You and Lume agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. Neither you, nor any other customer or Program member, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If a court or arbitrator determines in an action between you and Lume that this class action waiver is unenforceable, the arbitration agreement will be void as to you.
  5. Jury Trial Waiver. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. If for any reason a claim proceeds in court rather than through arbitration, YOU AND LUME WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.