Effective Date: September 1, 2023

This Privacy Policy governs the manner in which Island Thyme Capital Holdings, Inc. and its affiliates (collectively, "Island Thyme", "us", "our", or "we") collect, use, maintain, and disclose Personal Information collected when users ("you," "your") visit this website and the websites controlled by us (collectively, the "Site"). This Privacy Policy ("Privacy Policy") applies to the Site and communications generated via the Site. This Privacy Policy also applies when you interact with us offline. For example, if you provide your contact information to us or interact with us in a retail store or live event, this Privacy Policy applies. Please read this Privacy Policy carefully so that you understand our privacy practices.

This Privacy Policy is part of our Terms of Use bestoresil.com/terms which governs your use of the Site. Please read this Privacy Policy carefully so that you understand our privacy practices. By providing Personal Information to us or by using the Site, you acknowledge that you agree to be bound and abide by Privacy Policy and the Terms of Use, and you are consenting to the collection, use, and disclosure of that information in accordance with this Privacy Policy. The Site and the information provided in this Policy is solely intended for residents within the United States of America.

"Personal Information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household. We do not consider Personal Information to include information that has been aggregated or de-identified so that it does not allow a third party to easily identify a specific individual.

USE BY MINORS

This Site is intended for persons 21 years of age and older. We do not knowingly collect information from individuals under 21 years of age, children, or minors.

If you learn that your child has provided us with Personal Information without your consent, you may alert us at compliance@Island Thyme.com. If we learn that we have collected any Personal Information from anyone under 21, we will promptly take steps to delete such information.

Personal Information We Collect

The information we collect falls into two categories: (1) information you voluntarily supply us when you visit our Site or retail stores, or otherwise interact with us, and submit your information, such as via a contact form or as part of transaction; and (2) tracking information gathered as you visit our Site or retail stores.

Personal Information You Provide

The following Personal Information about you may be collected when you interact with us or use our Site or visit our retail stores:

Name
Date of Birth
Demographic information (including age and gender)
Driver's License or Other Government ID Number
Address
Purchase information (including billing address and payment details)
Email address
Phone number
Website or Social Media information
Health information
Job or Occupation
Income / Salary

This information may be supplied by you in response to specific questions, when you sign up for newsletters or other communications from us, make purchases, or communicate with us in person or by email. You can always refuse to supply Personal Information in response to requests, except that it may prevent you from engaging in transactions, Site-related activities or receiving responses to your inquiries or other information of interest such as our newsletter or customer programs. Information that is optional at these collection points will generally be noted and marked as such.

In addition, we ask that you not send us any sensitive Personal Information about yourself or others (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or philosophical beliefs, sexual orientation, criminal background, trade union membership, or biometric or genetic data for the purpose of uniquely identifying an individual) on or through the Site.

Passive Information Collection

We may use third party analytics tools, including Google Analytics, to help us measure traffic, usage, and sales trends by your use of our Site. These tools use various technologies, including cookies or similar technologies, to collect certain information sent by your devices to the Site, including:

Your browser name;
Demographic data about you;
The pages you visit on the Site;
Whether you have previously accessed the Site;
The IP (Internet Protocol) address for your computer;
The type of computer and technical information about your means of connection to our Site, such as the operating system and the Internet service providers utilized; and
Navigational Data, also known as log files, server logs or clickstream data.

In addition, the laws of some states require that we capture CCTV footage within certain retail stores. This footage will include images of all customers who enter and interact with us in those retail stores.

Cookies and Tracking Technologies

Cookies are small files that are stored on the device you use to access the Site. Your web browsers place cookies on their hard drives for record-keeping purposes and sometimes to track information about them.

You may choose to set your web browser to refuse cookies, or to alert you when cookies are being sent. If you adjust your settings to refuse cookies, or if you delete cookies, you may not be able to access or use some portions of the Site and some features may not work as intended.

The Site uses first party cookies (set by Island Thyme) and third party cookies (set by web analytics partners). The cookies used on our Site may be persistent or session based. A session cookie is a piece of information that is enabled only during a particular Site session. Session cookie files are deleted after logging off the internet browser or powering off your computer. In contrast, a persistent cookie is not deleted after logging off an internet browser or powering off your computer, but "persists" between sessions. Both types of cookies provide statistical information as well as help make improvements in Site navigation.

The Site may also use other technologies including but not limited to Javascript tags or tracking pixels to collect, process, and store browsing information as described above. Tracking pixels and tags assist in delivering cookies and allow us to collect browsing information about you. Tracking pixels or tags may also be included in the emails we send you in order to determine whether the emails have been opened and if you have clicked on links with the email.

The Site does not respond to browser Do Not Track (DNT) signals.

How we use Personal Information

Island Thyme may collect and use Personal Information for the following purposes:

To fulfill transaction requests and improve our services for you: If you make a purchase at a retail location, we will collect the information required to process your orders or respond to your customer service requests. This may include your name, credit card number, card type, expiration date, and security code. In addition to utilizing this information to fulfill your requests, Island Thyme may use information collected during these transactions to analyze and improve our services. In conducting these activities, Island Thyme does not store, archive, or otherwise retain credit card numbers.
To respond to your requests and improve our services for you: Information you provide helps us respond to your questions and requests more efficiently.
To communicate with you: We may send you information about topics we think may be of interest to you, such as our newsletters, upon your request or otherwise as consistent with this Privacy Policy.
To send periodic emails: We may use your provided email address to send you information and updates. We may also use this information to respond to your inquiries, questions, and/or other requests.
To personalize the user experience: We may use information in the aggregate to understand how our users as a group use the Site.
To improve our Site: We may use information we have collected to improve the Site or our other services.
To comply with legal and regulatory obligations: We may use information we have collected to enforce our Terms of Use, prevent or respond to fraud, and fulfill legal obligations, like conducting CCTV monitoring of certain retail locations and responding to court orders, subpoenas, or government requests.

How we protect your information

We seek to use commercially-reasonable data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your Personal Information under our control, in accordance with this Privacy Policy. However, the Internet is not 100% secure or error free. We cannot guarantee that your use of our Site will be completely safe, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. We encourage you to use caution when using the Internet.

By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. If you have any questions or concerns, please notify us at compliance@Island Thyme.com.

Sharing your personal information

We do not sell, trade, or rent your Personal Information to others.

We may share the categories of personal information described above with service providers and third parties that we partner with to assist us in various functions, including providing technological support and performing security and anti-fraud services, providing you with our services and products, and providing you with communications and marketing information on our behalf. These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your Personal Information for any other purpose.

These service providers and third parties may include service providers in the following categories:

Delivery partners, to deliver our products to the right location;
Financial partners involved in the processing of your banking or credit card data in retail locations;
Marketing partners, which we use to send you promotional communications, for instance;
IT service providers, such as our data hosting provider and companies we employ to manage our Site and to provide Site-related services and/or to assist us in analyzing how our Site is used; and
Other service providers that we may engage to provide services to us or on our behalf.

Your Personal Information may be disclosed to a third party if we are required to do so because of an applicable law or regulation, court order, or governmental request, or if such disclosure is otherwise necessary in support of any criminal or other legal investigation or proceeding. Your Personal Information may be disclosed to a third party if the disclosure is reasonably related to the potential or actual sale or other disposition of all or part of our business or assets.

We may share aggregated or de-identified information with third-party partners, affiliates, or service providers for the purposes outlined above.

We may use third-party services such as Google Analytics to collect, monitor and analyze information as described above. Those third-party service providers have their own privacy policies addressing how they use such information. To opt out of Google Analytics on the Site go to https://tools.google.com/dlpage/gaoptout.

Third party websites

Our Site may contain links to sites of third parties. We do not control the content or links that appear on these sites and are not responsible for these sites. These sites may have their own privacy policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Privacy Rights

Nevada Privacy Rights

We do not sell personal information for monetary consideration. Nevada residents have the right to submit a verified request directing us not to sell their personal information. If you are a Nevada resident, and would like to submit such a request, please send your request to compliance@Island Thyme.com.

California Privacy Rights

California Shine the Light law

Island Thyme does not share personal information (as defined by California Civil Code §1798.83) with other people or non-affiliated businesses for their direct marketing purposes.

California Consumer Rights

Under the California Consumer Privacy Act of 2018 ("CCPA"), California consumers have the right to request:

the deletion of the Personal Information we have about them;
additional information about whether and how we have collected, used, disclosed, and sold Personal Information about them; and
the specific pieces of Personal Information we have about them.

California consumers also have the right not to receive discriminatory treatment if they exercise the rights list above.

Consumer Rights Request Process

When you make a request, we may require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it. The verification steps we take may differ depending on the request you make. We will match the information that you provide in your request to information we already have on file to verify your identity. If we are able to verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us verify your request.

Consumers will be required to submit their first and last name and email address and may also be asked to provide their telephone number or address so that we can verify the request. Please provide as much of the requested information as possible to help us verify the request. We will only use the information received in a request for the purposes of responding to the request.

Authorized Agent

California law permits California consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the California consumer's written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the California consumer. An authorized agent must follow the process described below to make a request. The authorized agent must also verify his/her own identity. We will confirm the agent's authority with the California consumer about whom the request was made.

You may submit a privacy rights request to us by emailing us at compliance@Island Thyme.com.

No Sale of Personal Information

We are not currently selling your Personal Information and have not sold your Personal Information since January 1, 2020, the date the CCPA went into effect.

Updating Your Information

To keep your Personal Information current and accurate, please contact us as specified above. If you decide to email us, please include the words "Updating Personal Information Update" in the subject line.

We will take reasonable steps to update or correct Personal Information in our possession that you have previously submitted via this Site.

Data Retention

We will retain your information for as long as needed to provide you the Site's services, for Island Thyme' valid business purposes, and as necessary to comply with our legal obligations, resolve disputes, defend our legal rights, and enforce our agreements.

Changes to this Privacy Policy

Island Thyme has the discretion to update or change this Privacy Policy at any time. If we make any change in how we use Personal Information, we will notify you by means of a notice on this Site. Any changes will become effective when the revised Privacy Policy is posted on the Site. Your use of the Site following these changes means that you accept the revised Privacy Policy. We recommend that you regularly review the Privacy Policy when you visit the Site. This Policy was last updated September 1, 2023 .

New Uses of Personal Information

From time to time, we may desire to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contacting us

Island Thyme Capital Holdings, Inc. , located at 214 King Street West, Suite 314, Toronto, ON M5H 3S6, is the company responsible for the collection, use maintenance and disclosure of Personal Information under this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us via the contact form on our Contact Us page or please write to the following address and/or email:

Island Thyme Capital Holdings, Inc.
214 King Street West, Suite 314,

Toronto, ON M5H 3S6New York, NY, 10170
Compliance@IslandThyme.com

TERMS OF USE

Effective Date: February 15, 2021

Welcome to Island Thyme Capital Holdings, Inc. ("Island Thyme", "Us", "Our", or "We"). Island Thyme is headquartered in the state of New York.

Please read these Terms of Use ("Terms") carefully prior to using the websites owned by Island Thyme including, without limitation, Health For Life, Be., Be. The Cannabis Store, Be. The Medical Cannabis Store, Grassroots Vermont, Mayflower, Citiva, and GrowHealthy (collectively and individually the "Site").

Your use of this Site and any features on the Site are subject to these Terms, which we may update from time to time. By accessing this Site in any way, including, without limitation, browsing this Site, using any information on this Site, and/or submitting information to Island Thyme via this Site, you agree to and are bound by the terms, conditions, policies and notices contained in these Terms, which incorporates Our Privacy Policy, including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law. If you do not agree to these Terms, do not use this Site.

Island Thyme provides this Site for use only by persons located within the United States. Island Thyme makes no representation that the Site or its content is appropriate or available for use in locations outside the United States.

REGULATIONS IN THE CANNABIS INDUSTRY

Cannabis remains a Schedule I drug. The cultivation, processing, sale, and possession of cannabis and products containing cannabis, the manufacture, sale, and possession of cannabis paraphernalia, and advertising the sale of cannabis, cannabis products and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding cannabis in your jurisdiction. See Section 14 for additional information. All cannabis products are intended for personal use only in the jurisdiction in which they are sold. Products sold by Island Thyme are not intended for resale or interstate transport.

YOU SHOULD SEEK ADVICE FROM YOUR OWN PROFESSIONAL ADVISERS

This Site and the materials on this Site have been prepared by Island Thyme for informational purposes only and Island Thyme makes no claims with respect to the use or consumption of any Island Thyme products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable, qualified professional. The information on this Site is not intended to provide medical nor legal advice. Information on this Site is not intended to assess, diagnosis, nor specifically treat any individual's medical problem(s) or concerns. Information on this Site is also not intended to provide legal advice in relation to the cannabis industry nor any other industry.

Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other health care professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by Island Thyme are intended to diagnose, treat, cure, or prevent any disease.

You acknowledge and agree that no partnership is formed and neither you nor Island Thyme has the power or the authority to obligate or bind the other.

Island Thyme CONTENT

Content on this Site that is provided by Island Thyme and its licensors, including, but not limited to, certain graphics, photographs, images, screen shots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Island Thyme Content") is the property of Island Thyme and its licensors, and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any Island Thyme Content located on the Site for any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Island Thyme, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Island Thyme and/or its licensors, that dilutes the strength of Island Thyme' or its licensor's property, or that otherwise infringes Island Thyme' or its licensors' intellectual property rights. You further agree to in no other way misuse any Island Thyme Content that appears on this Site.

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

Not all products that appear on the Site are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on this Site may appear differently in the dispensary/at the retail establishment.

USER CONDUCT GUIDELINES

Any time you access or use the Site, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Site:

to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
if you are under 21 or unable to form legally binding contracts;
if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or
for any other purposes that are not expressly permitted by the Terms.

Further, you may not:

access, copy, distribute, share, publish, use or store any Island Thyme Content for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other users or any other third party, including by disclosing, selling, renting, distributing or exposing any Island Thyme Content to a third party, using it for marketing purposes, or otherwise using it for any purposes unrelated to the Site;
access, copy, distribute, share, publish, use or store, or prepare derivative works from any Island Thyme Content that belongs to Island Thyme, another user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
circumvent our systems, policies, including by attempting to access or use the you have been temporarily or permanently prohibited or blocked from using the Site;
access, search, collect information from, or otherwise interact with the Site by "scraping," "crawling" or "spidering" the Site, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by Island Thyme, unless you have been specifically authorized to do so in a separate agreement with Island Thyme;
use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, Island Thyme' name, any Island Thyme trademark, logo or other proprietary information, without Island Thyme' express written consent;
interfere with, disrupt, damage or compromise the Site or our systems or the access of any User, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail-bombing the Site or otherwise imposing an unreasonable or disproportionately large load on the Site;
access, tamper with or use non-public areas of any of the Site, Island Thyme' computer systems, or the technical delivery systems of Island Thyme' providers;
probe, scan, or test the vulnerability of any system or network of Island Thyme or its providers, or breach or circumvent any security or authentication measures of such system or network;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Island Thyme or any of Island Thyme' providers or any other third party to protect the Site;
forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site;
export or re-export the Site, except in compliance with the export control laws and regulations of any relevant jurisdictions;
otherwise abuse the Site or breach the Terms; or
attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

FEEDBACK

We welcome and encourage you to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site ("Feedback"). You may submit Feedback by e-mailing us, at support@Island Thyme.com. You acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of Island Thyme. Without limiting the foregoing, you acknowledge that your Feedback may be disseminated or used by Island Thyme or its affiliates for any purpose whatsoever, including developing, improving and marketing products. You hereby irrevocably transfer and assign to Island Thyme all of your right, title, and interest in and to all Feedback, including all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

You agree to sign and deliver such documents, and otherwise provide such assistance, as may reasonably be required from time to time to perfect Island Thyme' rights in such improvements, enhancements and modifications.

WARRANTIES BY USERS

You represent and warrant to Island Thyme that (a) you are 21 years of age or older; (b) you have the power and authority to accept and agree to the Terms, (c) you own or control all of the rights necessary to grant the rights and licenses granted herein, and (d) you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights in connection with your access to or use of the Site.

DISCLAIMERS

BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN, OR ANY WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE OR THE CONTENT THEREON, THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY Island Thyme CONTENT.

LIMITATION OF LIABILITY

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

YOUR USE OF THE SITE IS AT YOUR OWN RISK;
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF ALL PRODUCTS SOLD THROUGH THE SITE. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.
UNDER NO CIRCUMSTANCE (INCLUDING NEGLIGENCE), SHALL Island Thyme OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, INABILITY TO ACCESS, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS EVEN IF Island Thyme HAS BEEN ADVISED OF SUCH INCIDENTS; AND
Island Thyme IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND Island Thyme' REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, Island Thyme' AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100). Island Thyme RESERVES THE RIGHT TO DISCONTINUE THIS SITE, FOR ANY REASON, AT ANY TIME, WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE Island Thyme FROM AND AGAINST, AND COVENANT NOT TO SUE Island Thyme FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS, WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

THE LIMITATIONS SET FORTH IN THIS SECTION 8 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY PRODUCTS YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Island Thyme AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

INDEMNIFICATION

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold Island Thyme its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively "indemnify" or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Site, including any and all Island Thyme Content and any features, functionality, tools, and promotions available on and through the Site, (ii) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (iii) your gross negligence or willful misconduct.

You agree that, at Island Thyme' option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you to conduct the defense, (i) Island Thyme may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of Island Thyme (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.

USERS; THIRD PARTY WEBSITES

Though users are required by the Terms to provide accurate information, we do not guarantee the completeness or accuracy of any information provided by any user, including the user's purported identity, credentials or background. We recommend that you exercise due diligence when deciding to communicate or interact with another user, and we will not be responsible or liable for any damage or harm resulting from your interactions with other users.

Although this Site may be linked to other sites, Island Thyme is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering this Site you acknowledge and agree that Island Thyme has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Your linking to any other off-site pages or other sites is at your own risk.

GOVERNING LAW AND DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Island Thyme HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 11, YOU ARE WAIVING THE RIGHT TO GO TO COURT AND HAVE A CLAIM HEARD BY A JUDGE OR JURY.

You may bring a qualifying Claim (as defined below) to a small claims court. Island Thyme also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in the state courts in New York, NY, and waive any objection as to inconvenient forum. The Terms shall be governed by and interpreted in accordance with the laws of the State of New York without regard to conflict of law principles.

Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder ("Claims") shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules ("AAA Rules"), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in New York, NY before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.

EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND Island Thyme OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

Both of us agree that if Island Thyme makes any amendment to this Dispute Resolution section in the future, that amendment will not apply to any claim that was filed in a legal proceeding against Island Thyme prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and Island Thyme. We will notify you of amendments to this section by posting the amended Terms on www.bestores.com/terms-of-use. If you do not agree to the amended terms, you must cease using the Site immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Island Thyme in accordance with the provisions of this "Governing and Law and Dispute Resolution" section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

MISCELLANEOUS PROVISIONS

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

If any provision of these Terms shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute the entire agreement between you and Island Thyme regarding the use of the Site, and supersedes and replaces any prior agreements you and Island Thyme might have had regarding the Site. By using the Site you represent that you are capable of entering into a binding agreement.

CONTACT US

If you have any questions or concerns, please contact Island Thyme at support@Island Thyme.com.

You can also reach us at:

Email:

support@IslandThyme.com

Mail:

Island Thyme Capital Holdings, Inc.
420 Lexington Avenue, Suite 414
New York, NY 10170

CALIFORNIA RESIDENTS

Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:

Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to support@Island Thyme.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.

Arizona Residents

Marijuana use can be addictive and can impair an individual's ability to drive a motor vehicle or operate heavy machinery. Marijuana smoke contains carcinogens and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, and lung infection. KEEP OUT OF REACH OF CHILDREN.

Florida Residents

It is illegal to transfer medical marijuana to another person. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. PRODUCTS CONTAINING MARIJUANA HAVE NOT BEEN PRODUCED OR INSPECTED PURSUANT TO FEDERAL FOOD SAFETY LAWS.

Maryland Residents

Products containing marijuana may be lawfully consumed only by the qualifying patient named on attached label. It is illegal for any person to possess or consume the contents of the package other than the qualifying patient, or to and transfer the package or contents to any person other than a transfer between a caregiver to a qualifying patient. KEEP THE PACKAGE AND CONTENTS AWAY FROM CHILDREN OTHER THAN A QUALIFYING PATIENT.

Massachusetts Residents

Marijuana has not been analyzed or approved by the Food and Drug Administration. There is limited information on the side effects of using marijuana, and there may be associated health risks. Marijuana use during pregnancy and breast-feeding may pose potential harms. Marijuana should not be used by women who are pregnant or breastfeeding. It is against the law to drive or operate machinery when under the influence of Marijuana. Please consume any products that contain marijuana responsibly. KEEP MARIJUANA AWAY FROM CHILDREN. There may be health risks associated with consumption of marijuana. Marijuana can impair concentration, coordination, and judgment. The impairment effects of edible marijuana may be delayed by two hours or more.

Nevada Residents

Products that contain marijuana may have intoxicating effects and may be habit forming. These products contain or are infused with marijuana or active compounds of marijuana. Smoking is hazardous to your health. There may be health risks associated with consumption of marijuana products. Ingesting marijuana or marijuana products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and a person should consult with a physician before doing so. Such products should not be used by women who are pregnant or breast feeding, and are intended for use only by the person named on the label of the dispensed product. Products containing marijuana are intended for use only by adults 21 years of age and older and may be unlawful outside of the State of Nevada. Keep out of the reach of children. Marijuana can impair concentration, coordination and judgment. Do not operate a vehicle or machinery under the influence of this drug. Ingestion of any amount of marijuana or marijuana products before driving may result in criminal prosecution for driving under the influence. When eaten or swallowed, the intoxicating effects of marijuana may be delayed by two (2) or more hours.

New Jersey

Products that contain marijuana are for medical use by a qualifying patient only and are not for resale. These products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

New York

Marijuana products may only be used by the certified patient for whom they were purchased, and may not be distributed to anyone else. Products containing marijuana must be kept in the original container in which they were dispensed. Products containing marijuana have not been analyzed by the Food and Drug Administration and are for medicinal use only. MARIJUANA PRODUCTS SHOULD BE KEPT AWAY FROM CHILDREN. There is limited information on the side effects of using such products and there may be associated health risks. Marijuana products might impair the ability to drive, operate heavy machinery, perform childcare and/or make important decisions while under the influence. Women should not consume during pregnancy or while breastfeeding except on the advice of the certifying health care practitioner, and in the case of breastfeeding mothers, including the infant's pediatrician. Unwanted, excess, or contaminated medical marihuana product must be disposed of according to 10 NYCRR § 1004.20.

CHANGES TO THESE TERMS

Island Thyme reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of this Site after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. In addition to posting the updated Terms, we reserve the right in our sole discretion to notify you of such revisions via email, if provided. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in this Site and that Island Thyme will have no liability to you if this Site is discontinued or your ability to access the Site is restricted.

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Graffiti Sour Banana Sherbet #2 Shake

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