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Terms

of Use

April 13, 2018

The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal
agreement between you (referred to sometimes as “user” or “you”) and InstaCraft Inc., and
its subsidiaries and affiliates (collectively, “InstaCraft” or the “Company”). In order to use
the Service (defined below) and the associated Application (defined below) you must agree
to the Terms and Conditions that are set out below (also known as “Terms of Use”). By
using or receiving any services supplied to you by the Company (collectively, the “Service”),
and/or accessing, downloading, installing or using any associated application or website
provided by the Company (including without limitation, the InstaCraft website located at
instacraftcannabis.com and its related webpages) (collectively, the “Application” or the
“Site"), you hereby expressly acknowledge and agree to be bound by the terms and
conditions of the Agreement, and any future amendments and additions to this Agreement
as published from time to time at the INSTACRAFT website or through the Service.

USER AGREEMENT

Part 1

DISCLAIMER & ACKNOWLEDGMENT

THE COMPANY IS NOT, AS DEFINED BY THE MAINE MEDICAL USE OF MARIJUANA PROGRAM
(“MMMP”), EITHER A MEDICAL CANNABIS COLLECTIVE OR COOPERATIVE OR MEDICAL
MARIJUANA DISPENSARY (“DISPENSARY”) OR A REGISTERED PRIMARY CAREGIVER
(“CAREGIVER”) AND DOES NOT ITSELF PROVIDE MEDICAL CANNABIS DELIVERY SERVICES TO
MEDICAL CANNABIS PATIENTS, BUT RATHER THOSE SERVICES ARE PROVIDED BY EMPLOYEES
OR CONTRACTORS OF CAREGIVERS OR DISPENSARIES. THE COMPANY DOES NOT PROVIDE OR
SELL MEDICAL CANNABIS AND IS NOT A MEDICAL CANNABIS DELIVERY SERVICE PROVIDER, BUT
RATHER ONLY A SOFTWARE COMPANY. IT IS THE SOLE RESPONSIBILITY OF THE THIRD PARTY
DISPENSARY OR CAREGIVER TO OFFER STATE LAW COMPLIANT SERVICES, WHICH MAY BE
LOCATED, SCHEDULED, AND COORDINATED THROUGH USE OF THE APPLICATION OR SERVICE.
INSTACRAFT OFFERS PRE-VERIFICATION OF USERS AND PROVIDES USERS’ INFORMATION TO
REGISTERED CAREGIVERS AND DISPENSARIES. THE COMPANY DOES NOT AND DOES NOT
INTEND TO PROVIDE DELIVERY SERVICES OR ACT IN ANY WAY AS A DELIVERY SERVICE
PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DELIVERY SERVICES PROVIDED
TO YOU BY THIRD PARTY CAREGIVERS OR DISPENSARIES OR THEIR CONTRACTORS.


ACKNOWLEDGMENT OF FEDERAL LAW

User expressly acknowledges that INSTACRAFT is for residents with laws regulating medical use of
cannabis only and that medical cannabis collectives and patients are established pursuant to their
respective State laws. Marijuana is included on Schedule 1 under the United States Controlled
Substances Act. Under the federal laws of the United States of America, manufacturing, distributing,
dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or
prosecution for doing so. User further acknowledges that medical uses not recognized as a valid
defense under federal laws regarding marijuana. User also acknowledges that the interstate
transportation of marijuana is a federal offense.


ACKNOWLEDGMENT OF MAINE LAW

User expressly acknowledges that the use, possession, cultivation, transportation and distribution
of cannabis is illegal in Maine unless all participants are acting completely within the scope of
Maine’s medical cannabis laws as set forth in the MAINE MEDICAL USE OF MARIJUANA PROGRAM,
the Rules Governing the Maine Medical Use of Marijuana Program, and the MMMP Statute (Title 22,
Ch 558-C), and any amendments thereto.



ACKNOWLEDGMENT OF THE LAWS OF USERS STATE OF RESIDENCY

The Company has its principal place of business in Maine. Even though the InstaCraft Application
may be accessed outside of Maine, the Service, as far as it pertains to medical marijuana products, is
currently available only to users, Caregivers, and Dispensaries located in Maine (the Company’s
CBD is derived from industrial hemp with less than 0.3% THC and therefore, according to 2017
definitions and guidance of the U.S. Drug Enforcement Agency, is not a medical marijuana
product). In all events, you must abide by and follow the laws of the state in which you are a
resident. User expressly acknowledges and assumes full responsibility for cooperating with the
laws of the state of the user’s location.


TERMS & CONDITIONS OF SERVICE

The terms and conditions stated in this Agreement constitute a legal agreement between you and
the Company. In order to use the Service (defined below) and the associated Application (defined
below) you must agree to the Terms and Conditions that are set out below. By using or receiving
any services provided to you by the Company (collectively, the “Service”), and downloading,
installing or using any associated application supplied or website provided by the Company which
purpose is to enable you to use the Service (collectively, the “Application”), you hereby expressly
acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future
amendments and additions to this Agreement as published from time to time at the Company
website www.instacraftcannabis.com or through the Service.

The Company is willing to license, not sell, the INSTACRAFT Application to you only upon the
condition that you accept all the terms contained in this Agreement. By signing up with or by using
the INSTACRAFT Application, you indicate that you understand this Agreement and accept all of its
terms. If you do not accept all the terms of this Agreement, then the Company is unwilling to license
the INSTACRAFT Application to you.

The Company reserves the right to modify the terms and conditions of this Agreement or its
policies relating to the Service or Application at any time, effective upon posting of an updated
version of this Agreement on the Service or Application. You are responsible for regularly reviewing
this Agreement. Continued use of the Service or Application after any such changes shall constitute
your consent to such changes.

The INSTACRAFT Application provides the communication structure to enable a connection
between persons (“Users”) and third party Caregivers or Dispensaries. This Agreement describes
the terms and conditions that will govern your use of and participation in the INSTACRAFT
Application.


KEY CONTENT-RELATED TERMS

“Content” means text, graphics, images, music, software (excluding the Application), audio, video,
information or other materials.

“Company Content” means Content that Company makes available through the Service or
Application, including any Content licensed from a third party, but
excluding User Content.

“User” means a person who accesses or uses the Service or Application

“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be
made available through the Service or Application.

“Collective Content” means, collectively, Company Content and User Content.


REPRESENTATIONS AND WARRANTIES

Users agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to
minors in any way; b) that advertises any illegal service or the sale of any items which are
prohibited or restricted by the laws of your State; c) attempt to gain unauthorized access to the
Company’s computer systems or engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of, the Service or the INSTACRAFT
Application (including the INSTACRAFT website). By using the Application or Service, you expressly
represent and warrant that you are legally entitled to enter into this Agreement. If you reside in a
jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into
agreements such as this one due to age or other restrictions, you must abide by such age limits or
other restrictions. Without limiting the foregoing, the Service and Application is not available to
children (persons under the age of 18).

By using the Application or Service, you represent and warrant that you are at least 18 years old. By
using the Application or the Service, you represent and warrant that you have the right, authority
and capacity to enter into this Agreement and to abide by the terms and conditions of this
Agreement. Your participation in using the Service and/or Application is for your sole, personal use.
You may not authorize others to use your user status, and you may not assign or otherwise transfer
your user account to any other person or entity. When using the Application or Service you agree to
comply with all applicable laws from your home nation, country, state and city in which you are
present while using the Application or Service.

You may only access the Service using authorized means. It is your responsibility to check to ensure
you download the correct Application for your device. The Company is not liable if you do not have
a compatible handset or if you have downloaded the wrong version of the Application for your
handset. The Company reserves the right to terminate this Agreement should you be using the
Service or Application with an incompatible or unauthorized device.

By using the Application or the Service, you agree that:

1. You will only use the Service or Application for lawful purposes; you will not use the
Services for sending or storing any unlawful material or for fraudulent purposes.
2. You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
3. You will not impair the proper operation of the network.
4. You will not try to harm the Service or Application in any way whatsoever.
5. You will not copy, or distribute the Application or other content without written permission
from the Company.
6. You will only use the Application and Service for your own use and will not resell it to a
third party.
7. You will keep secure and confidential your account password or any identification we
provide you which allows access to the Service.
8. You will provide us with whatever proof of identity we may reasonably request.
9. You will at all times act in full compliance with the laws of your State pertaining to medical
cannabis.


LICENSE GRANT, RESTRICTIONS, AND COPYRIGHT POLICY

LICENSES TO COMPANY CONTENT AND USER CONTENT GRANTED BY COMPANY

Subject to your compliance with the terms and conditions of this Agreement, Company grants you a
limited, non-exclusive, non-transferable license: (i) to view, download and print any Company
Content solely for your personal and non-commercial purposes; and (ii) to view any User Content
to which you are permitted access solely for your personal and non-commercial purposes. You have
no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the
Service, Application or Collective Content, except as expressly permitted in this Agreement. No
licenses or rights are granted to you by implication or otherwise under any intellectual property
rights owned or controlled by Company or its licensors, except for the licenses and rights expressly
granted in this Agreement.

LICENSE GRANTED BY USER

InstaCraft may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User
Content. By making available any User Content on or through the Service or Application, you hereby
grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such
User Content only on, through or by means of the Service or Application. Company does not claim
any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict
any rights that you may have to use and exploit any User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make
available through the Service or Application. Accordingly, you represent and warrant that: (i) you
either are the sole and exclusive owner of all User Content that you make available through the
Service or Application or you have all rights, licenses, consents and releases that are necessary to
grant to Company and to the rights in such User Content, as contemplated under this Agreement;
and (ii) neither the User Content nor your posting, uploading, publication, submission or
transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on,
through or by means of the Service or Application will infringe, misappropriate or violate a third
party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights,
or rights of publicity or privacy, or result in the violation of any applicable law or regulation

You agree that the Company may verify your medical recommendation and may share your
identification, your medical recommendation and the results of the medical recommendation
verification with Dispensaries or Caregivers.


INSTACRAFT COMMUNICATIONS

By becoming a User, you expressly consent and agree to accept and receive communications from
us and/or Dispensaries or Caregivers that you transact with, including via e-mail, text message,
calls, and push notifications to the cellular telephone number you provided to us. By consenting to
being contacted by the Company, you understand and agree that you may receive communications
generated by automatic telephone dialing systems and/or which will deliver prerecorded messages
sent by or on behalf of the Company, its affiliated companies and/or Drivers, including but not
limited to: operational communications concerning your User account or use of the INSTACRAFT
Application or Services, updates concerning new and existing features of the INSTACRAFT
Application, communications concerning promotions run by us or third party Caregivers or
Dispensaries, and news concerning the Company and industry developments. IF YOU WISH TO
OPT-OUT OF PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY
OPT-OUT BY FOLLOWING THE UNSUBSCRIBE OPTIONS PROVIDED TO YOU. Standard text
messaging charges applied by your cell phone carrier will apply to text messages we send. You
acknowledge that you are not required to consent to receive promotional messages as a condition
of using the INSTACRAFT Application or the Service. However, you acknowledge that opting out of
receiving text messages or other communications may impact your use of the INSTACRAFT
Application or the Service.


APPLICATION LICENSE

Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-
transferable license to download and install a copy of the Application on a single mobile device or
computer that you own or control and to run such copy of the Application solely for your own
personal use. Furthermore, with respect to any Application accessed through or downloaded from
the Apple App Store, Android Market, Amazon App Store, BlackBerry App World, Samsung Apps
Store, Nokia OVI store, and Windows marketplace for Mobile (“App Store Sourced Application”),
you will use the App Store Sourced Application as permitted by the “Usage Rules” set forth in the
App Store Sourced Application Terms of Service. Company reserves all rights in and to the
Application not expressly granted to you under this Agreement.


FEE AND REFUND POLICIES

Any fees that the Company may charge you for the Application or Service, are due immediately and
are non-refundable. This no refund policy shall apply at all times regardless of your decision to
terminate your usage, our decision to terminate your usage, disruption caused to our Application or
Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves
the right to determine final prevailing pricing – Please note the pricing information published on
the website may not reflect the prevailing pricing.

The Company, at its sole discretion, may make promotional offers with different features and
different rates to any of our customers. These promotional offers, unless made to you, shall have no
bearing whatsoever on your offer or contract. Any such promotions shall be made subject to its
particular terms, and unless expressly provided otherwise shall expire ninety (90) days following
the date of the promotion offer. The Company may change the fees for our Service or Application,
as we deem necessary for our business. We encourage you to check back at our website periodically
if you are interested about how we charge for the Service or Application.

If courier carrying User’s order arrives at the delivery address specified by User for a delivery at the
delivery time disclosed to User, and User is not present and does not greet the courier within 2
minutes of courier’s arrival, then user will be charged, by the caregiver / courier or relevant service
provider, up to $12 fee labeled either a “no-show fee” or “redelivery fee”.


MISCELLANEOUS

Being authorized and recommended for medical marijuana is not a guaranteed outcome of a
consultation with a medical provider (e.g. physician or nurse practitioner), for such must
necessarily be in the physician or nurse practitioner's discretion. The money that a user pays is for
a consultation, not for a medical marijuana certification or prescription.

Because you know your local area best, and because it’s difficult or impossible for our software
company (InstaCraft) and the couriers to know the nature of every building in your state, you take
full and exclusive liability for ensuring that the delivery address you enter for your order is not
within 1000 feet of a school or within any other zone in which medical marijuana delivery or
transactions are prohibited by law.

The Company has sole discretion over whether to accept returns of medical products. The standard
policy is a no-returns policy for all purchases. However the Company may, in its sole discretion,
make exceptions to that policy.

If customer doesn't greet driver for 3 entire minutes after driver arrives and waits, there will be a
non-refundable $8 no-show charge due to use of limited delivery schedule and driver labor time;
such a customer should call driver to schedule a subsequent delivery attempt during driver's next
available time.


INTELLECTUAL PROPERTY OWNERSHIP

The Company alone (and its licensors, where applicable) shall own all right, title and interest,
including all related intellectual property rights, in and to the Application and the Service and any
suggestions, ideas, enhancement requests, feedback, recommendations or other information
provided by you or any other party relating to the Application or the Service. This Agreement is not
a sale and does not convey to you any rights of ownership in or related to the Application or the
Service, or any intellectual property rights owned by the Company. The Company name, the
Company logo, and the product names associated with the Application and Service are trademarks
of the Company or third parties, and no right or license is granted to use them.


THIRD PARTY INTERACTIONS

During use of the Application and Service, you may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of third party service providers, advertisers or
sponsors showing their goods and/or services through the Application or Service. In particular,
Company is not a party to any transaction that a User may enter into with a Caregiver or Dispensary
or third party payment processor. Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between you and the applicable third-party.
The Company and its licensors shall have no liability, obligation or responsibility for any such
correspondence, purchase, transaction or promotion between you and any such third-party. The
Company does not endorse any sites on the Internet that are linked through the Service or
Application, and in no event shall the Company or its licensors be responsible for any content,
products, services or other materials on or available from such sites or third party providers. The
Company provides the Application and Service to you pursuant to the terms and conditions of this
Agreement. You recognize, however, that certain third-party providers of goods and/or services
may require your agreement to additional or different terms and conditions prior to your use of or
access to such goods or services, and the Company disclaims any and all responsibility or liability
arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Application
or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms
and conditions you agree to receive such advertising and marketing. The Company may compile
and release information regarding you and your use of the Application or Service on an anonymous
basis as part of a customer profile or similar report or analysis. You agree that it is your
responsibility to take reasonable precautions in all actions and interactions with any third party
you interact with through the Service.


INDEMNIFICATION

By entering into this Agreement and using the Application or Service, you agree that you shall
defend, indemnify and hold the Company, its licensors and each such party’s parent organizations,
subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from
and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’
fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this
Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation
of any rights of any third party, including providers of delivery services arranged via the Service or
Application, or (c) your use or misuse of the Application or Service.


DISCLAIMER OF WARRANTIES

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR
COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR
WARRANT THAT: (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER
HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR
RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION
WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND
APPLICATION IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY,
OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR
AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH
THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE
RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY
SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED
BY LAW.


INTERNET DELAYS

THE COMPANY’S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND
OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC
COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES,
OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.


LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER
DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS
SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU,
INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE
OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER,
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED
BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY DELIVERY SERVICE PROVIDERS FOR THE
PURPOSES OF PROVIDING DELIVERY SERVICES. WE WILL NOT ASSESS THE SUITABILITY,
LEGALITY OR ABILITY OF ANY THIRD PARTY DELIVERY SERVICE PROVIDERS AND YOU
EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR
DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY DELIVERY SERVICE
PROVIDER. YOU ACKNOWLEDGE THAT THIRD PARTY DELIVERY SERVICE PROVIDERS PROVIDING
DELIVERY SERVICES REQUESTED THROUGH THE COMPANY MAY OFFER DELIVERY SERVICES
AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. THE COMPANY WILL NOT BE A
PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY
PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN
YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE
REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS
IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY
OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE
COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING
FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD
PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE. YOU EXPRESSLY WAIVE AND
RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF
THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS
AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR.”

THE QUALITY OF THE DELIVERY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR
APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO
ULTIMATELY PROVIDES SUCH DELIVERY SERVICES TO YOU. YOU UNDERSTAND, THEREFORE,
THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO A DELIVERY
SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR
OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT
YOUR OWN RISK.


NOTICE
The Company may give notice by means of a general notice on the Service, electronic mail to your
email address on record in the Company’s account information, or by written communication sent
by first class mail or pre-paid post to your address on record in the Company’s account information.
Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or
posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You
may give notice to the Company (such notice shall be deemed given when received by the
Company) at any time by sending an email to: support@getinstacraft.com; Please specify the reason
for the email in the subject line so it can be forwarded to the proper department.


ASSIGNMENT
This Agreement may not be assigned by you without the prior written approval of the Company but
may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer
of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall
be void.


EXPORT CONTROL
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that
neither the Application nor any technical data related thereto nor any direct product thereof is
exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited
by, such laws and regulations. By using the App Store Sourced Application, you represent and
warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or
that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you
are not listed on any U.S. Government list of prohibited or restricted parties.


DISPUTE RESOLUTION
You and Company agree that any dispute, claim or controversy arising out of or relating to this
Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of
the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except
that each party retains the right to bring an individual action in small claims court and the right to
seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents or other intellectual property rights. You acknowledge and agree that you and
Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in
any purported class action or representative proceeding. Further, unless both you and Company
otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and
may not otherwise preside over any form of any class or representative proceeding. If this specific
paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be
deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will
survive any termination of this Agreement.

Arbitration Rules and Governing Law. The arbitration will be administered by the American
Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except
as modified by this “Dispute Resolution” section. (The AAA Rules are available at
www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will
govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a
written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired
judge or an attorney licensed to practice law in the state of Maine and will be selected by the parties
from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an
arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will
appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will
be conducted in the county of Penobscot in the State of Maine. If your claim does not exceed
$10,000, then the arbitration will be conducted solely on the basis of documents you and Company
submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is
necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA
Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable
exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the
AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which
the arbitrator based the award. Judgment on the arbitration award may be entered in any court
having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of
the “Limitation of Liability” section above as to the types and the amounts of damages for which a
party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of
the claimant and only to the extent necessary to provide relief warranted by the claimant’s
individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees
and expenses, to the extent provided under applicable law.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as
set forth in the AAA Rules.

Changes. Notwithstanding the provisions of the modification-related provisions above, if Company
changes this “Dispute Resolution” section after the date you first accepted this Agreement (or
accepted any subsequent changes to this Agreement), you may reject any such change by sending
us a notice to support@getinstacraft.com with “Legal” in the subject line within 30 days of the date
such change became effective, as indicated in the “Last Updated Date” above or in the date of
Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that
you will arbitrate any Dispute between you and Company in accordance with the provisions of this
“Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any
subsequent changes to this Agreement).


GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, the
Company or any third party provider as a result of this Agreement or use of the Service or
Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The
failure of the Company to enforce any right or provision in this Agreement shall not constitute a
waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

This User Agreement constitutes the entire agreement between you and the Company and governs
your use of the Service, superseding any prior agreements between you and the Company. The User
Agreement and the relationship between you and InstaCraft shall be governed by the laws of the
State of Maine without regard to its conflict of law provisions. You and InstaCraft agree to submit to
binding arbitration for any dispute arising out of your relationship with InstaCraft and that such
arbitration will take place in the county of Penobscot in the State of Maine. The failure of InstaCraft
to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of
such right or provision. If any provision of the User Agreement is found by an arbitrator to be
invalid, the parties nevertheless agree that the arbitrator should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of the User Agreement
remain in full force and effect. You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the Service or the Terms of Service must
be filed within one (1) year after such claim or cause of action arose or be forever barred.




Part 2 – Elaboration & Telemedicine Terms of Use

In case of conflict between this Part 2 section (the section below the dividing line above and the
title Part 2: Elaboration & Telemedicine Terms of Use) and the foregoing Terms of Use of Part 1,
then the terms which are less restrictive and more advantageous to Company, while still being
legally valid, shall apply and control. If that formulation is ruled impermissible by an appropriate
court of law or arbitrator, then Part 1 shall control, unless the matter involves telemedicine activity
or app user consultation with a medical provider (e.g. nurse practitioner, physician), in which case
Part 2 shall control. This Part 2 is intended as an elaboration of Part 1 and gives extra attention to
the case of telemedicine activity.

The Application is continually under development, and InstaCraft reserves the right to revise or
remove any part of these Terms of Use in its sole discretion at any time and without prior notice to
you. Any changes to these Terms of Use are effective upon posting to the Site. Unless otherwise
indicated, any new content added to the Site is also subject to these Terms of Use upon the posting
of such content to the Site. If you at any time come to disagree with these Terms of Use, your sole
remedy is to discontinue your use of the Site. Your continued use after a change has been posted
constitutes your acceptance of the changes.

BY USING INSTACRAFT IN ANY WAY, SUCH AS BY PROVIDING YOUR INFORMATION ON THE SITE
AND/OR CLICKING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND
AGREED TO BE BOUND IN WHOLE BY THESE TERMS OF USE. IF A THIRD PARTY (SUCH AS A
QUALIFIED CAREGIVER) USES THE SITE ON YOUR BEHALF, YOU AGREE THAT SUCH THIRD
PARTY’S USE SHALL HAVE THE SAME LEGAL EFFECT AS YOUR OWN USE. IN OTHER WORDS, YOU
AGREE THAT SUCH THIRD PARTY’S AGREEMENT TO AND ACCEPTANCE OF THESE TERMS OF USE
IS BINDING UPON YOU. YOU MAY NOT USE THE SITE UNLESS AND UNTIL YOU AGREE TO THESE
TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND IN FULL BY EACH AND EVERY TERM SET
FORTH BELOW, DO NOT PROVIDE YOUR INFORMATION ON THE SITE, CLICK “I AGREE,” OR
OTHERWISE INTERACT WITH THE SITE. IF YOU ARE HAVING A MEDICAL EMERGENCY,
IMMEDIATELY CEASE USE OF THIS SITE AND DIAL “911.”

I. The InstaCraft Telemedicine Service
THE INSTACRAFT SOFTWARE IS A COMMUNICATION TOOL FACILITATING COMMUNICATION
BETWEEN THIRD PARTIES SUCH AS PEOPLE SEEKING MEDICAL CONSULTATIONS AND LICENSED
MEDICAL PROVIDERS. INSTACRAFT IS A SOFTWARE FIRM. NEITHER INSTACRAFT NOR ANY
PERSON(S) ACTING ON ITS BEHALF PRACTICES MEDICINE IN ANY MANNER OR PROVIDES
MEDICAL ADVICE IN ANY FORM. RATHER, THROUGH THIS SITE, INSTACRAFT PROVIDES
INFORMATION AND SUPPORT TO FACILITATE COMMUNICATION AND COORDINATION BETWEEN
YOU AND YOUR LICENSED HEALTH CARE PROVIDER. INSTACRAFT SHOULD NOT BE DEEMED
SUFFICIENT TO SUPPLEMENT, MUCH LESS REPLACE, YOUR RELATIONSHIP WITH THAT
LICENSED HEALTH CARE PROVIDER OR ANOTHER HEALTH CARE PROVIDER OR HEALTH CARE
SERVICE.

The Site may at any time offer Qualifying Patients (1) one or more of the following:
• (i) information on licensed physicians, doctors of osteopathy, nurse practitioners, and
health care providers and the services and facilities who wish to take appointments or be
publish their contact information on the Site (collectively hereafter “Licensed Health Care
Provider(s)”);
• (ii) concierge-type assistance in planning for health care procedures and appointments with
Licensed Health Care Providers, especially as it relates to location and geographic-specific
information in the area surrounding the Licensed Health Care Provider or facility;
• (iii) development and gathering of health care records and health care information with
retention of the same for use in Licensed Health Care Provider appointments and
communications;
• (iv) administrative support in connection with third-party financing and payment options
for Licensed Health Care Provider services and submission of third-party insurance claims
for reimbursement of health care expenses when possible, and/or
• (v) in certain circumstances, telecommunications support using the Site for direct access to
Licensed Health Care Providers and facilities with whom a qualifying patient has an existing
Licensed Health Care Provider to patient relationship for communication, consultations,
assessments, and ongoing treatment.

II. Who May Access The Site
As set forth above, you may access and/or use the Site only if you have read, accepted, and agreed
in full to each and every Term that is set forth herein or may be added, revised, or otherwise
amended by InstaCraft. In addition, the Site may be used only by persons who are at least eighteen
(18) years of age. InstaCraft does not seek through this Site to gather personal information from or
about persons under the age of 18.

In addition, InstaCraft services shall be available only to Qualifying Patients that reside in a state,
including the District of Columbia, that allows certain individuals with distinct and defined
debilitating conditions or that are undergoing certain medical treatments to consume cannabis for
medical use (“Medical Cannabis Jurisdiction(s)”). The services provided through the Site vary by
qualifying patient debilitating condition and/or medical treatment as dictated by applicable state
laws and regulations in the Medical Cannabis Jurisdiction in which you reside. InstaCraft’s services
are subject to state laws and regulations and may change from time to time due to changes in such
regulatory requirements.

III. Compliance with Applicable Law

A. Federal Law
Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled
Substances Act. As such, possession, distribution, cultivation, and/or manufacture of cannabis is
illegal under federal law, regardless of whether your Licensed Health Care Provider has
recommended marijuana to you as a therapeutic measure in compliance with state or other non-
federal law.

Upon acceptance of this Agreement, you represent and warrant that you understand the varied
legal risks associated with your use of cannabis for medical treatment, including arrest and
prosecution under applicable federal laws. Should any criminal or civil administrative or legal
actions be instituted against you for your use or possession of cannabis for medical treatment as
recommended by a Licensed Health Care Provider you select through the Site, you will not hold
InstaCraft or any of its Licensed Health Care Providers liable for any loss, injury, or claims of any
kind resulting from those actions. You are solely responsible for maintaining a full understanding of
the medical cannabis laws in the state and locality in which you reside.

B. State and Local Law in Medical Marijuana Jurisdictions
In order to gain access to and use the Site, you must demonstrate to the satisfaction of InstaCraft
that you currently reside in an appropriate legal jurisdiction and meet applicable legal
requirements for consumers of the products at hand. It is likely that only a valid, state-issued, non-
expired identification card or driver’s license (collectively, “Identification”) shall be sufficient to
demonstrate the required personal features.

Upon demonstration of location within a Medical Cannabis Jurisdiction through submission to the
Site of your Identification or geo-location (as appropriate), InstaCraft shall seek to coordinate your
initial communication with a Licensed Health Care Provider who can legally practice in the Medical
Cannabis Jurisdiction in which you reside. We aim that you should not have access through the Site
to a Licensed Health Care Provider who does not also practice in the same Medical Cannabis
Jurisdiction of which you are a resident. Upon acceptance of this Agreement, you represent and
warrant that you understand that there exists a conflict between federal and state law, and, as such,
federal regulators may view any action by Licensed Health Care Providers to prescribe cannabis to
you for your medical use as unlawful under federal law.

IV. Medical Cannabis Recommendations
InstaCraft plays no role whatsoever in determining whether and to what extent medical cannabis
may be an appropriate treatment for you. Whether and under what circumstances to recommend
medical cannabis is in the sole discretion of your Licensed Health Care Provider following a good
faith medical examination or series of examinations to be conducted in accordance with the
applicable and governing state laws and regulations of the respective Medical Cannabis Jurisdiction,
to determine whether cannabis would be effective as a treatment for your condition(s).

It is of the utmost importance to InstaCraft that a Licensed Health Care Provider’s determination
regarding whether and under what circumstances to recommend use of medical cannabis be
determined solely by your Licensed Health Care Provider’s independent medical judgment after a
good faith medical examination. While Licensed Health Care Providers are obligated to perform a
good faith medical examination, Licensed Health Care Providers are in no way obligated to
recommend to you the use of cannabis for your medical treatment. At no time shall you provide
cash or any form of remuneration to either InstaCraft or to your Licensed Health Care Provider
intended in whole or in part to induce your Licensed Health Care Provider to recommend the use of
medical cannabis. While certain fees shall apply for your medical consultation with a Licensed
Health Care Provider, there is no guarantee of any kind of a medical cannabis recommendation. All
such Recommendations are solely within the professional medical judgment and discretion of the
Licensed Health Care Provider.
Neither InstaCraft nor Licensed Health Care Providers make any warranties or guaranties that the
use of medical cannabis would be an effective treatment for your medical condition(s).
Should a Licensed Health Care Provider determine that you have a qualifying debilitating condition
or that you are undergoing certain medical treatments that justifies a recommendation for the use
of medical cannabis (a “Patient Recommendation” or “Prescription”), you bear the sole
responsibility of obtaining cannabis for your medical use within the Medical Cannabis Jurisdiction
in which you reside. Note that wherever the term “prescription” appears in the Site, it is
metaphorical, meant to ease common usage, and meant to refer to what is often called a medical
marijuana “recommendation” or “certification” by the applicable state government.

V. Your Relationship With InstaCraft
You understand and agree that by coordinating and in certain cases consulting with a Licensed
Health Care Provider through the Site, you are not entering into a doctor-patient relationship with
InstaCraft. You further understand and acknowledge that InstaCraft is neither a Licensed Health
Care Provider nor a provider of cannabis for medical use, but solely a software platform connecting
people in the medical marijuana community such as caregivers, caregiver employees & contractors,
dispensaries, doctors, and patients.

InstaCraft provides a platform for you to consult with your Licensed Health Care Provider and to
obtain access to additional information regarding the use of cannabis for medical treatment, which
you may or may not choose to utilize in planning your health care and wellness. The services
provided through the Site are not a substitute for direct health care services. The decision to focus
on diagnosis, treatment recommendations, or both rests with you and your Licensed Health Care
Provider, whom you select in your sole discretion based on your choice of availability times and an
automated algorithm for assigning appointments to Licensed Health Care Providers.

By accepting the Terms of Use, you understand and agree that InstaCraft or your Licensed Health
Care Provider may send you messages, reports, and emails, via the Site or otherwise, regarding the
treatment of your condition. It is your responsibility to monitor these messages, reports, and
emails. You agree that you will not hold InstaCraft liable for any loss, injury, or claims of any kind
resulting from your failure to read these messages or for your failure to comply with any treatment
recommendations contained in these messages.

VI. Consultative Service
If permitted by the Medical Cannabis Jurisdiction in which you reside, your Licensed Health Care
Provider may use the Site to receive information from you as well as to provide advice or diagnosis
to you. You acknowledge that your Licensed Health Care Provider providing such services through
the Site might not have the benefit of information that would be obtained by examining you in-
person and observing your physical condition, in each instance. Therefore, you acknowledge that it
is possible that your Licensed Health Care Provider providing services through the Site might not
be aware of, or reasonably able to ascertain, facts or information that would affect his or her
opinion of your medical condition, needs, and/or appropriate treatment plan. By deciding to engage
the services of the Site, you acknowledge and agree that you are aware of this limitation and agree
to assume the risk of this limitation. Furthermore, you agree and accept that: (i) the diagnosis you
will receive may be limited and provisional; (ii) the opinion is not intended to replace full medical
evaluations or in-person visits with your other Licensed Health Care Providers; (iii) your Licensed
Health Care Provider providing services through the Site may not have important information that
is usually obtained through a physical examination; and (iv) the absence of a physical examination
may affect your Licensed Health Care Provider’s ability to diagnose your condition, disease, or
injury.

In order for your Licensed Health Care Provider to determine whether your medical condition(s)
would benefit from the use of medical cannabis, certain Medical Cannabis Jurisdictions may require
that you undergo an in-person medical examination or series of examinations with your Licensed
Health Care Provider. Should your Medical Cannabis Jurisdiction require an in-person, physical
medical examination or series of examinations prior to Patient Recommendation, InstaCraft may
assist you in the coordination of an in-office visit or visits with a Licensed Health Care Provider. If
you refuse or are unable to undergo such examination(s), your Licensed Health Care Provider could
be prohibited from making any Patient Recommendation on your behalf.
You understand and agree that the opinion expressed by a Licensed Health Care Provider using this
Site is not that of InstaCraft and will not be used in any legal dispute against InstaCraft, including
but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s
compensation and/or malpractice claims.

VII. Duty to Provide Information and Access
If you consult with a Licensed Health Care Provider through the Site, you have a duty to provide
appropriate real-time audio and video access (consistent with reasonable technical and quality
requirements or any technical and quality requirements described on the Site) to enable an
appropriate evaluation and connection by your Licensed Health Care Provider. You also have a duty
to provide truthful, accurate, and complete responses on any patient forms or patient information
requests InstaCraft or your Licensed Health Care Provider may provide through the Site.

VIII. Privacy Policy
InstaCraft understands the importance of confidentiality and privacy regarding your health
information. Please see our Privacy Policy at https://instacraftcannabis.com/privacypolicy for a
description of how we may collect and use your personal information. In tandem with InstaCraft’s
Privacy Policy, by entering into this Agreement you represent and warrant that you understand
that certain health care records pertaining to any Patient Recommendation made on your behalf by
your Licensed Health Care Provider may be subject to mandatory disclosure and production to
relevant government authorities by either InstaCraft or its Licensed Health Care Providers under
the applicable and governing laws and regulations of your Medical Cannabis Jurisdiction including
federal laws governing that jurisdiction. Specifically, by entering into this Agreement you represent
and warrant that you understand that copies of your medical records stating that you have been
diagnosed with a serious medical condition or are undergoing certain medical treatments for which
the medical use of cannabis is an appropriate remedy may be subject to mandatory disclosure and
production either InstaCraft or its Licensed Health Care Providers to relevant government
authorities under the applicable and governing laws and regulations of your Medical Cannabis
Jurisdiction.

IX. Independence of Licensed Health Care Providers
Licensed Health Care Providers utilizing or featured on the Site are subscribers to and licensees of
the Site. Such Providers are not employees of InstaCraft. Such providers do not receive any form of
remuneration from or on behalf of InstaCraft specifically to recommend or not recommend the use
of medical cannabis. Such providers are expressly prohibited by InstaCraft from promoting
InstaCraft. Any opinions, advice, or information expressed by a Licensed Health Care Provider,
health care facility, professional or specialist using or featured on the Site are of the facility and
professional alone. They do not reflect the opinions of InstaCraft. InstaCraft does not recommend or
endorse any specific tests, providers, products, the use of cannabis for medical efficacy, Patient
Recommendations, procedures, medications, devices, opinions, or other information that may be
mentioned on the Site or by a licensee of InstaCraft.

InstaCraft’s revenue from the telemedicine service on the Site comes from its standard percentage
payment processing fees, which are deducted from the payment made by patient to the Licensed
Health Care Provider for consultation appointments. Those payment processing and bookkeeping
fees are charged to cover the cost of InstaCraft maintaining the software that enables the flow of
payment and information to the Licensed Medical Provider, such as bookkeeping, the merchant
account, and information technology.

X. No Referral To or Recommendation Of Licensed Health Care Providers
The inclusion of Licensed Health Care Providers on the Site or in any professional directory located
on the Site does not imply recommendation or endorsement of such Licensed Health Care Provider.
Nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of
any Licensed Health Care Provider contained therein.
SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND INSTACRAFT DISCLAIMS ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. INSTACRAFT
DOES NOT VERIFY STATEMENTS MADE BY MEDICAL PROVIDERS ABOUT THEMSELVES SUCH AS
CONCERNING THEIR MEDICAL SPECIALITIES AND LICENSING INFORMATION. INSTACRAFT
SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION
TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY SITE USER) IN RELIANCE ON
INFORMATION ABOUT LICENSED HEALTH CARE PROVIDERS ON THE SITE. THE USE OF THE SITE
BY ANY ENTITY OR INDIVIDUAL TO VERIFY THE CREDENTIALS OF LICENSED HEALTH CARE
PROVIDERS IS PROHIBITED.

XI. Credit Transactions
As part of the services on the Site, InstaCraft may facilitate your payment of certain fees to Licensed
Health Care Providers and may also offer InstaCraft products and services for your purchase from
time to time through the Site. When you pay by credit card, you hereby authorize InstaCraft to bill
and charge the credit card indicated in your order for any fees and any other amounts provided for
in your order as the same become due and payable. In the event that your credit card expires or
InstaCraft is otherwise unable to debit the applicable amounts from your credit card, InstaCraft
shall provide notice to you, whereupon you shall immediately furnish InstaCraft with a valid credit
card for payment. Your request for services through the Site will not be fulfilled until full payment
has been received and/or verified.

XII. Limited License and Site Access; Intellectual Property Rights; All Rights Reserved
The Site contains text, pictures, graphics, logos, button items, images, works of authorship, and
other content (collectively, “Content”). InstaCraft grants you a limited, non-exclusive, non-
transferrable license to access and make personal use of the Site, but not to download (other than
for page caching) or modify it, or any portion of it, except with InstaCraft’s express written consent.
This license does not include: any resale or commercial use of the Site or the Content; any
derivative use of the Site or the Content; or any use of data mining, robots, or similar data gathering
and extraction tools.

Neither this Site nor any portion of the Site may be reproduced, duplicated, copied, sold, reverse-
engineered, resold, visited, or otherwise exploited for any commercial purpose without InstaCraft’s
express written consent. You may not frame or utilize framing techniques to enclose any
trademark, logo, or proprietary information (including images, text, page layout, or form) of
InstaCraft without InstaCraft’s express written consent. You may not use any meta-tags or any
other “hidden text” containing InstaCraft’s trademarks or service marks without InstaCraft’s
express written consent.

Except as otherwise expressly stated, all Content appearing on the Site is the copyrighted work of
InstaCraft or its third-party content providers and is protected by U.S. and international copyright
laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the
exclusive property of InstaCraft and is protected by U.S. and international copyright laws.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for
compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license,
frame, download, store for subsequent use, create derivative works from, transfer, or sell any
information or Content obtained from the Site, in whole or in part, including any text, images, audio,
and video in any manner, without the prior written authorization of InstaCraft or any applicable
third-party suppliers. The use of Content, including images, by you, or anyone else authorized by
you, is prohibited unless specifically permitted by InstaCraft. Any unauthorized use of text or
images may violate copyright laws, trademark laws, the laws of privacy and publicity, and
applicable regulations and statutes.

InstaCraft does not warrant or represent that your use of Content or any other materials displayed
on the Site will not infringe rights of third parties. Your use of any of the Content beyond the scope
of personal use may require a license from the owner of the rights to the data with respect to the
use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the
persons, products or landscape portrayed in the provided Content. InstaCraft is not responsible for
any claims of ownership rights to any images or data against you. You will indemnify, defend and
hold harmless InstaCraft from and against any losses or claims, by an owner of data or image rights
or any third party resulting from any violation of these Terms of Use.

Certain trademarks on the Site are the service marks and trademarks of InstaCraft or its licensees.
The domain name for the Site, the InstaCraft logo and elements of the design of the Site are service
marks, trademarks, logos, and/or trade dress of InstaCraft. All other trademarks, service marks,
trade dress, product names, company names or logos, whether registered or not, on the Site are the
property of their respective owners. In addition to complying with all applicable laws, you agree
that you will not use any such trademarks, service marks, trade dress, or other logos from the Site
without the prior written authorization of InstaCraft.

Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other
intellectual property contained herein, including reproducing and distributing multiple copies or
using Content, service marks, trademarks, logos, trade dress or other intellectual property on any
other website or networked computer or linking to any page at the Site, must be obtained from
InstaCraft or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests
for such authorization from InstaCraft should be submitted via email to staff@getInstaCraft.com. All
design rights, databases and compilation and other intellectual property rights associated with the
Site, in each case whether registered or unregistered, and related goodwill, are proprietary to
InstaCraft.

InstaCraft (or the respective third-party owners of Content) retains all right, title, and interest in
the Site and any Content and features offered on the Site, including any and all intellectual property
rights. InstaCraft (or the respective third-party owners of Content) reserves all rights not expressly
granted herein. Any unauthorized use terminates the foregoing licenses and permissions.

XIII. DMCA Policy
InstaCraft respects the intellectual property of others and takes the protection of copyrights and all
other intellectual property very seriously. InstaCraft asks our users to do the same.
InstaCraft employs measures to prevent copyright and other intellectual property infringement on
the Site. Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work
has been copied in a way that constitutes copyright or other intellectual property infringement,
please email a written notification of the claimed copyright or other intellectual property
infringement to staff@getInstaCraft.com.

Under Title 17, United States Code, Section 512(c)(3)(A), to be effective the notification must
include substantially all of the following information:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest that is allegedly infringed;
2. Identification of the copyrighted work or other intellectual property that you claim has been
infringed, or if multiple copyrighted works or other intellectual property on the Site are covered by
the notice, a representative list of such works;
3. Identification of the material that you claim is infringing 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 InstaCraft to locate the material;
4. Information reasonably sufficient to permit InstaCraft to contact you, such as your name, address,
telephone number, and email address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by
the copyright or other intellectual property owner, its agent, or the law; and
6. A statement by you that the notification is accurate, and under penalty of perjury, that you are the
copyright or other intellectual property owner or authorized to act on the copyright or other
intellectual property owner’s behalf. Do not send any inquiries unrelated to copyright or other
intellectual property infringements to the contact listed above.

XIV. Ownership of Information Submitted via the Site
With the exception of any personal data or information you submit (which shall be maintained in
accordance with our Privacy Policy) or other information governed by the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and
amendments from time to time (collectively, “HIPAA”), any information you transmit to InstaCraft
via the Site, whether by direct entry, submission, email or otherwise, including data, questions,
comments, or suggestions, will be treated as non-confidential and non-proprietary and will become
the property of InstaCraft.

Such information may be used for any purpose, including, without limitation, reproduction,
solicitations, disclosure, transmission, publication, broadcast, and posting. InstaCraft shall be free to
use any ideas, concepts, know-how, or techniques contained in any communication you send to
InstaCraft via the Site or by any other means for any purpose whatsoever, including, without
limitation, developing and marketing products using such information.

XV. Connection Requirements
You are responsible for providing and maintaining, at your own risk, option and expense, any
hardware, software and communication lines required to access and use the Site. InstaCraft
reserves the right to change the access configuration of the Site at any time without prior notice.

XVI. Prohibited Uses
Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent or malicious
purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s)
connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the
Site, (iv) to gain unauthorized access to any other accounts, computer systems, or networks
connected to any server or systems through hacking, password mining or any other means, (v) to
access systems, data, or information not intended by InstaCraft to be made accessible to a user, (vi)
to obtain any materials, or information through any means not intentionally made available by
InstaCraft, (vii) to reverse engineer, disassemble or decompile any section or technology on the
Site, or (viii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not: (a) upload or transmit
any message, information, data, text, software or images, or other content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise
objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity
for the purpose of misleading others or impersonate any person or entity, including, without
limitation, any InstaCraft representative, or falsely state or otherwise misrepresent your affiliation
with a person or entity; (c) upload or transmit any material that you do not have a right to
reproduce, display or transmit under any law or under contractual or fiduciary relationships (such
as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time
bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may
damage the operation of another’s computer or property of another; (e) delete any author
attributions, legal notices or proprietary designations or labels that you upload to any
communication feature; (f) use the Site’s communication features in a manner that adversely affects
the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding
continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising including
but not limited to advertising the personal sale, cultivation, manufacture, or distribution of
cannabis for medical or commercial use by you or by or for other individuals, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of
solicitation, commercial or otherwise; (h) violate any applicable local, state, national or
international law, or those applicable state laws and regulations in your Medical Cannabis
Jurisdiction of residence; (i) upload or transmit any material that infringes any patent, trademark,
service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise
any material posted by any other person or entity; (k) manipulate or otherwise display the Site by
using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of
or breach the authentication measures of, the Site or any related networks or systems; (m) register,
subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any
party for any services or any contests, promotions or sweepstakes if you are not expressly
authorized by such party to do so; (n) harvest or otherwise collect information about others,
including email addresses; (o) use any robot, spider, scraper, or other automated or manual means
to access the Site, or copy any content or information on the Site; or (p) assist or permit any person
in engaging in any of these activities.
InstaCraft reserves the right to take whatever lawful actions it may deem appropriate in response
to actual or suspected violations of the foregoing, including, without limitation, the suspension or
termination of a user's access and/or account and assistance of law enforcement where necessary
or when required. InstaCraft may cooperate with legal authorities and/or third parties in the
investigation of any suspected or alleged crime or civil wrong.

Except as may be expressly limited by the Privacy Policy, InstaCraft reserves the right at all times to
disclose any information as InstaCraft deems necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, in InstaCraft’s sole discretion.

XVII. Right, But No Duty, To Monitor
In general, InstaCraft neither actively monitors general use of the Site under normal circumstances
nor exercises editorial control over the content of any third party’s website, email transmission,
news group, or other material created or accessible over or through the Site. However, InstaCraft
does reserve the right to monitor such use at any time as it deems appropriate and to remove any
materials that, in InstaCraft’s sole discretion, may be illegal, may subject InstaCraft to liability, may
violate these Terms of Use, or are, in the sole discretion of InstaCraft, inconsistent with InstaCraft’s
purpose for the Site.

To the extent that any of the Content included in the Site is provided by third-party content
providers, Licensed Health Care Providers, or other Site users, InstaCraft has no editorial
responsibility over such Content. Therefore, any opinions, statements, products, services or other
information expressed or made available by professionals, third-party suppliers or users on the Site
are those of such professional, third-party suppliers or users, respectively. InstaCraft does not
represent or endorse the accuracy or reliability of any opinion, statement or other information
provided by any third party, or represent or warrant that your use of the Content displayed on the
Site or referenced content or service providers will not infringe rights of third parties not owned by
or affiliated with InstaCraft.

As you view the Site, you may see links to third-party websites. These links are for convenience
only. If you use these links, you will leave the Site. Certain of these linked websites may make use of
InstaCraft’s proprietary intellectual property rights (such as copyrights, trademarks, service marks,
logos and trade names) under license from the InstaCraft. InstaCraft is not responsible for the
availability or content, products, services or other materials of these other websites or for any
viruses or other damaging elements encountered in linking to a third-party website. In addition,
providing links to these websites should not be interpreted as endorsement or approval by
InstaCraft of the organizations sponsoring such third-party websites or their products or services.
InstaCraft shall not be responsible or liable, directly or indirectly, for any damages or losses caused
or alleged to be caused by or in connection with the use of or reliance on such content, products,
services or other materials available on or through any such website. InstaCraft is not responsible
for the privacy practices of any other websites. These Terms of Use do not apply to any other
websites.

XVIII. Third-Party Interactions
Your interactions with entities or individuals found on or through the Site, including payment and
delivery of goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such entities or individuals. You should
make whatever investigation you feel necessary or appropriate before proceeding with any online
or offline transaction with any third party. You are solely responsible for, and will exercise caution,
discretion, common sense and judgment in, using the Site and disclosing personal information.

You agree that InstaCraft shall not be responsible or liable for any loss or damage or resulting civil
or criminal legal or administrative action(s) of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Site, or between users and any third party, you
understand and agree that InstaCraft is under no obligation to become involved. In the event that
you have a dispute with one or more other users or service providers on the Site, you hereby
release InstaCraft, its officers, employees, agents and successors in interest from claims, demand
and damages (actual or consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the
Site or the features and services therein. If you are a California resident, you waive California Civil
Code Section 1542, which states: “A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which, if known
by him must have materially affected his settlement with the debtor.”

XIX. Termination
InstaCraft may terminate your use of the Site or any of our features or services at any time and for
any reason without notice for conduct violating these Terms of Use. InstaCraft will terminate a
user’s access to the Site and its features and services if, under appropriate circumstances, the user
is determined to be a repeat infringer of third-party rights or in breach of these Terms of Use. Upon
any such termination, you must destroy all Content obtained from the Site and all copies thereof.
The provisions of these Terms of Use concerning Site security, prohibited activities, copyrights,
trademarks, user submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues
shall survive any such termination. You agree that if your use of the Site is terminated pursuant to
these Terms of Use, you will not attempt to use the Site under any name, real or assumed, and
further agree that if you violate this restriction after being terminated, you will indemnify and hold
InstaCraft harmless from any and all liability that InstaCraft may incur therefore.

XX. Disclaimers
Content and other information contained on the Site is provided by InstaCraft as a convenience to
its Users. Users relying on Content or other information from the Site do so at their own risk.
THE INSTACRAFT SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. INSTACRAFT TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF
ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE.
INSTACRAFT MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY,
UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE
CORRECTED.

XXI. Limitation of Liability
IN NO EVENT SHALL INSTACRAFT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL
DEATH, CRIMINAL CHARGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT INSTACRAFT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF
INSTACRAFT IS HELD LIABLE BY A COURT OF LAW FOR ANY DAMAGES, INSTACRAFT SHALL BE
LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S.
$1,000.

NEITHER INSTACRAFT NOR ANY THIRD PARTIES MENTIONED ON THE SITE ARE LIABLE FOR ANY
PERSONAL INJURY, INCLUDING DEATH, OR CRIMINAL ACTION AGAINST YOU CAUSED BY YOUR
USE OR MISUSE OF THE SITE. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE
SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO
SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS
PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR
ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE.
THE POSSESSION AND USE OF CANNABIS, INCLUDING FOR MEDICAL USE, REMAIN FEDERAL
CRIMES AND NEITHER INSTACRAFT NOR ANY OF ITS LICENSED HEALTH CARE PROVIDERS ARE
LIABLE FOR ANY CRIMINAL ARREST OR PROSECUTION YOU MAY EXPERIENCE AS A RESULT OF
YOUR POSSESSION, USE, CULTIVATION, MANUFACTURE, OR DISTRIBUTION OF CANNABIS FOR
MEDICAL USE OR OTHERWISE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.

XXII. Indemnification
You agree to defend, indemnify, and hold harmless InstaCraft, its affiliates, contractors, and its
directors, officers, employees, representatives, proprietors, partners, shareholders, servants,
principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against
any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities,
obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and
litigation expenses) relating to or arising from the Site, your use of the Site, your fraud, violation of
law, or willful misconduct, and any breach by you of these Terms of Use.

XXIII. Notices, and Electronic Communications
Any notices to you from InstaCraft regarding the Site or these Terms of Use will be posted on the
Site or made by email or regular mail. When you visit the Site or send emails to us, you are
communicating with us electronically. You consent to receive communications from us
electronically. We will communicate with you by email or by posting notices on the Site. You agree
that all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. You further
agree that any notices provided by us electronically are deemed to be given and received on the
date we transmit any such electronic communication as described in these Terms of Use.

XXIV. Miscellaneous
These Terms of Use (including the Part 1 before this section and the Part 2 which is this section)
and other policies InstaCraft may post on the Site or that you and InstaCraft may execute constitute
the entire agreement between InstaCraft and you in connection with your use of the Site and
supersedes any prior agreements between InstaCraft and you regarding use of the Site, including
prior versions of the Terms of Use.

Those who choose to access the Site do so on their own initiative and are responsible for
compliance with their local, state, and national laws, including those applicable and governing
Medical Cannabis Jurisdiction laws and regulations, if and to the extent applicable. Access to the Site
from jurisdictions where the Content and purpose of the Site is illegal or penalized is strictly
prohibited.

All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that
if we cannot enforce a part of this contract as written, that part will be replaced with terms that
most closely match the intent of the part we cannot enforce to the extent permitted by law. The
invalidity of part of these Terms of Use will not affect the validity and enforceability of the
remaining provisions. The section headings are for convenience and do not have any force or effect,
with the exception of headings “Part 1” and “Part 2: Elaboration & Telemedicine Terms of Use”.

XXV. Dispute Resolution, Governing Law, and Arbitration Agreement
By choosing to visit the Site or otherwise provide information to InstaCraft, you agree that any
dispute over your use of the Site or these Terms of Use will be governed by the laws of the State of
Maine and the United States of America, without regard to any conflicts of law provisions. You also
consent that any disputes between you and InstaCraft shall be adjudicated in the state courts
located in Penobscot County, Maine. Prior to the filing of any legal action resulting from these
Terms of Use, you also agree to attempt to mediate any such dispute and to abide by all limitations
of liability contained herein.

A. TIME TO PRESENT CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or Application or to this Agreement must be filed within one
(1) year after such claim or cause of action accrued or shall be forever barred.

B. ALL DISPUTES, OTHER THAN SMALL CLAIMS ACTIONS, SHALL BE SUBMITTED FOR
BINDING ARBITRATION
You and Company agree that any dispute, claim or controversy arising out of or relating to this
Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of
the Service or Application (collectively, "Disputes") shall be settled by binding arbitration, except
that each party retains the right to bring an individual action in small claims court and the right to
seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents or other intellectual property rights. All legal proceedings shall be venued in
Penobscot County, Maine.

You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to
participate as a plaintiff or class User in any purported class action or representative proceeding.
Further, unless both you and Company otherwise agree in writing, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of any
class or representative proceeding. If this specific paragraph is held unenforceable, then the
entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the
preceding sentence, this "Dispute Resolution" section will survive any termination of this
Agreement.

Arbitration Rules and Governing Law. The arbitration will be administered by the American
Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except
as modified by this "Dispute Resolution" section. (The AAA Rules are available at
www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will
govern the interpretation and enforcement of this Section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a
written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired
judge or an attorney licensed to practice law in the state of Maine and will be selected by the parties
from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an
arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will
appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will
be conducted in the Penobscot County, Maine. If your claim does not exceed $10,000, then the
arbitration will be conducted solely on the basis of documents you and Company submit to the
arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If
your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to
the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the
AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which
the arbitrator based the award. Judgment on the arbitration award may be entered in any court
having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of
the "Limitation of Liability" section above as to the types and the amounts of damages for which a
party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of
the claimant and only to the extent necessary to provide relief warranted by the claimant’s
individual claim.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as
set forth in the AAA Rules.

Right to Counsel. You have the right to be represented by counsel of your choice. However, you
agree that in all events you, not InstaCraft, shall be responsible for all of your counsel’s fees.

Changes. Notwithstanding the provisions of the modification-related provisions above, if Company
changes this "Dispute Resolution" section after the date you first accepted this Agreement (or
accepted any subsequent changes to this Agreement), you may reject any such change by sending
us a notice to staff@getInstaCraft.com with "Legal" in the subject line within 30 days of the date
such change became effective, as indicated in the "Last Updated Date" above or in the date of
Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that
you will arbitrate any Dispute between you and Company in accordance with the provisions of this
"Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any
subsequent changes to this Agreement).

XXVI. No Agency Relationship
Neither these Terms of Use, nor any Content, materials or features of the Site create any
partnership, joint venture, employment, or other agency relationship between us and you. You may
not enter into any contract on our behalf or bind us in any way.

XXVII. Remedies
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an
unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You
also agree that monetary damages would be inadequate for such harm and consent to our obtaining
any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in
addition to any other remedies we may have at law or in equity.

(1) “Qualifying Patients” shall mean those individuals who demonstrate to the satisfaction of a
licensed physician, doctor of osteopathy, nurse practictioner, or licensed health care provider
(collectively “Licensed Health Care Provider”) that they (a) suffer from one or more of the
qualifying conditions and/or (b) are undergoing certain qualifying medical treatments as defined
and governed by applicable state laws and regulations relating to the use of cannabis for medical
treatment of the foregoing in the state in which the Qualifying Patient resides and their Licensed
Health Care Provider is licensed to practice. An individual may be deemed a “Qualifying Patient” for
purposes of these Terms only if such individual resides in a state that has legalized, decriminalized,
or otherwise allows for possession and/or consumption of cannabis by qualified individuals. Note
that the conditions and/or treatments required to qualify an individual as a Qualifying Patient may
vary depending on the jurisdiction in which you reside. It is solely your responsibility to ensure that
you are a Qualifying Patient. By using the Site, you represent to InstaCraft that you are a Qualifying
Patient.

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