Terms Of Service

Liberty Application

Program Terms and Conditions

General Terms

PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY BEFORE USING THE LIBERTY WALLET PHONE APPLICATION (SOMETIMES REFERRED TO AS “LIBERTY APP” OR “LIBERTY WALLET”). BY DOWNLOADING AND UTILIZING THE LIBERTY APP, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS AND CONDITIONS (THE “TERMS”) AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND HOLISTIC INDUSTRIES INC. AND ITS AFFILIATED ENTITIES (COLLECTIVELY THE “COMPANY”).

THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION OF THIS AGREEMENT CAREFULLY. BY ENTERING INTO THIS AGREEMENT AND UTILIZING THE LIBERTY APP YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE LIBERTY APP.

By opening an account (“Account“) through the Liberty App and becoming a member (“Member“), or by using your Account to receive and redeem benefits of the program, including, without limitation, Credits and Perks (as defined below), you agree that:

• You are 18 years of age or older
• You have read and accept these Terms; and you have read and accept the Terms of Service set forth on the Holistic Industries Website, which are incorporated by reference herein; and
• You consent to the collection, use, and disclosure of your personal data by the Company, the Liberty App, and their authorized third-party agents and licensees in accordance with the Company’s Privacy Policy.

All Liberty App benefits, amenities, offers, awards, and services (collectively, a “Program“) are subject to availability and may be changed or terminated in whole or in part, with six (6) months’ advance notice to all active Members and with less than six (6) months’ notice in any jurisdiction if permitted to do so by applicable law. At the Company’s sole discretion, the Company may choose to substitute a similar Program for any existing Program at any time immediately upon six (6) months’ notice to active members. If a Program is terminated, all unredeemed Credits and/or Perks will be forfeited without any obligation or liability, and no transactions will be processed after the conclusion of the notice period.

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

Membership

Access to the Liberty App is free and available to any individual who: (a) possesses the legal authority to agree to the Terms; (b) resides in a jurisdiction which legally permits transactions contemplated by the Liberty App; (c) provides valid and accurate personal information when enrolling in the Liberty App; (d) is not already a Member of the Program (i.e., does not already have an Account); and (e) has not previously been terminated from the Liberty App.

Members must download the Liberty App and create a profile that includes an email address for the Member. The email used for the profile must be the same email provided and on file during all in-person transactions.

Members are responsible for reading and understanding the Terms, Account statements, and other communications from the Company about the Liberty App in order to understand his/her/their rights, responsibilities, and status in the Liberty App. If a Member has any questions about the Liberty App or these Terms, the Member should contact us at customerservice@holisticindustries.com

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

Programs

The Liberty App allows you to purchase credits (“Credits“) which can be used to make purchases at any Liberty location. Credits are required to make purchases through the Liberty App. Credits can be purchased using your bank account. Credits cannot be purchased using a credit card or debit card. The Company does not charge any maintenance, dormancy, or inactivity fees on the Credits.

Once you purchase Credits, they must be used for purchases at Liberty locations.

If your Liberty App Account is inactive for a period of twelve (12) months (or such other amount of time as required by applicable law), the Account will be deemed inactive and all the earned Credits and Perks stored in the Liberty App will be forfeited. Inactivity is defined as no in-store purchases and no purchases of Credits.

Loyalty Rewards Program

As part of our Loyalty Program, members can earn additional Credits for using the Liberty App for transactions. For the purchase of Credits an additional Credit of up to 20% of the Credits purchased will be credited to your Liberty App.

Members do not need to use Credits on the Liberty App to receive these additional Credits. Members can earn additional Credits when they purchase in cash at a Liberty Dispensary by providing their email address (must be same one on file) at the time of any in-person transactions. If an email address is not provided at the time of any in-person transaction, Members will not receive any related additional Credits.

In the Company’s sole and absolute discretion, Members may also receive monthly perks and benefits (“Perks”) related to using the Liberty App. Perks may change from month to month depending on the amount purchased by a Member during the preceding Month. Liberty will notify Members as to the type and level of Perks the Member may qualify for each month by email, posting on the Company Website, or otherwise through the Liberty App.  

Perks are promotional in nature, are provided free of charge, and are not considered gift certificates under applicable law. Perks are granted solely as a bonus or incentive for engaging with Liberty Cannabis, including but not limited to making qualifying purchases, participating in promotional programs, or reaching spending milestones. They may expire at the end of each month unless otherwise specified and Perks earned in a previous month and not used will expire and not be redeemable. Perks can be monitored on Liberty App.

Credit Redemption Process

When redeeming Credits for purchase of products at Liberty Dispensaries, any Credits that were purchased are redeemed first followed by any Credits that were earned through purchase of products.

Program Benefits Non-transferable

Program benefits, including, without limitation, Credits, Referral Credits, and/or Perks, are not the property of any Member. Except as specifically authorized in writing by an officer of the Company, Program benefits may not be sold, attached, seized, levied upon, pledged, or transferred upon any circumstances, including, without limitation, by operation of law, upon death, or in connection with any domestic relations dispute and/or legal proceeding.

Referral Program

Liberty Wallet offers existing customers with active Accounts (those existing customers that participate the Referral Program, “Referrers”) the opportunity to earn additional Credits (“Referral Credits”) by referring new users (“Referees”) to create Accounts with the Liberty Wallet (the “Referral Program”). Participation in the Referral Program constitutes acceptance of these terms, and the rest of these Liberty Wallet Terms. 

The Referral Program is only open to Referrers (i) whose Accounts are active; and (ii) who refer an Eligible Referee to the Liberty Wallet in accordance with the terms herein. “Eligible Referees” are those individuals (i) who have never had their identity affiliated with any Liberty Wallet Account; (ii) who have been successfully verified by the Company in creating an Account; and (iii) who are invited to sign up for a Liberty Wallet Account using a Referral Link (as defined below) by a Referrer. If a Referee is associated with another Liberty Wallet Account in the Company’s database, they are not eligible to participate in this Referral Program. All Referrers and Referees must satisfy all other terms and conditions of the Liberty Wallet and must be physically present in a state or territory where Liberty Cannabis store is located and operational, as may be amended from time to time. 

A Referrer must obtain their unique referral link and/or code (“Referral Link”) from their Liberty Wallet Account and cause any Referee to sign up and become validated for a new Liberty Wallet Account using such Referral Link. Referrers can access their unique Referral Link via the “My Account” tab on the Liberty Wallet App. The Referral Link may be shared with Referees, who will be directed to download the Liberty Wallet app and to create a new Account. The Referee must make a purchase at any participating Liberty Cannabis location using the Liberty Wallet. Once the qualifying purchase is verified at a Liberty Cannabis store, both the Referrer and Referee will receive Liberty Wallet Referral Credits within approximately 72 hours.

The type and amount of Referral Credits are determined by the Company in its sole discretion and may vary. Referral Credits (i) may not be sold, attached, seized, levied upon, pledged, or otherwise transferred; (ii) have no cash value; and (iii) may only be used at participating Liberty Cannabis locations. Referral Credits may be subject to expiration or additional terms as specified in the Liberty Wallet App or as determined by the Company. 

Recipients of Referral Credits will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with the Referral Credits received, regardless of whether the Referral Credits, in whole or in part, are used. The Referral Credits value may be reported for tax purposes as required by law.

The Company reserves the right to modify, suspend, or terminate the Referral Program or these Terms at any time, for any reason, without prior notice. This includes but is not limited to changing the eligibility requirements for the Referral Program, the Referral Credit structure, including the amount Referral Credit, and/or the time or method of delivery of the Referral Credits. Continued participation after such modifications constitutes acceptance of the updated terms.

The Company reserves the right to withhold or revoke Credits, Referral Credits, and/or Perks if it determines that a user has violated these Terms, attempted fraud, or abused the Referral Program. Participants in the Referral Program may not (a) publish Referral Links on public websites, coupon forums, or via paid advertising; (b) misrepresent their affiliation with the Company; (c) engage in fraudulent, misleading, or abusive behavior; or (d) refer themselves or create multiple accounts to obtain Credits or Referral Credits. Participation in the program may be suspended or terminated at any time without notice.

Interacting with the Company

Your use of the Liberty App includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your use of the Liberty App or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into through the Liberty App, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Account and Password

In order to access all the features and services of the Liberty App, you need a valid user ID and corresponding password. Upon signing up for an Account, you will be required to select a password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. If you wish to change your password in the future, you can do so within the Liberty App by clicking the “Forgot Password” link. You are responsible for maintaining the confidentiality of your Account password. You are responsible for all uses of your Account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your Account.

Mobile App Location Services

ACCESS_FINE_LOCATION permission is required to use the Liberty Wallet app. For compliance purposes and state laws, we are required to confirm that app users are within a state that 1) allows cannabis sales and 2) we operate in. Therefore, we must request and obtain location permission for the app to work properly.

Disclaimer of Liability

We disclaim any duty or responsibility other than those expressly set forth in these Terms of Use (including but not limited to those in the Disclaimer of Warranties section). Among other things, Company is not liable for the following:

• If the transaction would exceed the Credits available in your Liberty App.
• If your connectivity, personal computer, or mobile device is not working properly.
• If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction, despite reasonable precautions that we may have taken.
• Any issue covered by the Disclaimer of Warranties section as otherwise stated in these Terms or provided by law.

You agree that you will not use or attempt to use another Member’s Account, without authorization from the Member, nor will you interfere with the security of the Liberty App.

Fraud, Abuse and Harm

We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any law, agreement, or exposes you, other users, our service providers or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Account purchases, and any of your activity with law enforcement authorities.

The Company reserves the right to review, postpone, or cancel any purchase through the Liberty App or the dispersal of Credits (including Referral Credits) to any user at our discretion.

Termination

We may terminate this Agreement and modify or close your Account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to the Liberty App and/or your Account (including the Credits, Referral Credits, and/or Perks related to your Account) if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct.

If your Account is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Liberty App; (c) that we reserve the right, but have no obligation, to delete your information and Account data stored on our servers; and (d) that the Company shall not be liable to you or any third party for termination of your access to the Liberty App or deletion of your information or Account data.

You may terminate this Agreement and other agreements by closing your Account at any time. Upon closure of an Account, any pending transactions will be cancelled and we will delete the contents of your Liberty App. Any Credits, Referral Credits. and/or Perks related to your Account will not be redeemable for cash, refunded, exchanged, or transferred except as required by law.

If we terminate this Agreement and your Account, you will remain liable for all amounts due under your Account up to and including the date of termination.

In the event that we close a store in your location we will notify you of our intent to do so if reasonably possible. You will have six (6) months from the date of any such notice within which to utilize any purchased Credits related to your account. If you have not utilized such Credits within such six (6) month period all such Credits shall expire at the end of such period and we shall have no further obligation to you. In the event that we close a store in your location in a period of time that is less than six (6) months from such notice, we will refund the amount of any unused purchased Credits related to your account if you notify us in writing prior to the end of such six (6) month period that you wish to receive a refund of such Credits. No amount related to any unused Referral Credits and/or Perks will be refunded.

Restricting Access to Account Credits for Investigations

We may restrict access to Credits (including Referral Credits) in your Account to allow us to investigate the use of your Account, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to Credits, Referral Credits, and/or Perks in your Account for the time that it takes for us to complete any pending investigation or resolve a pending dispute.

Indemnification

You agree to defend, indemnify and hold the Company, its affiliates, officers, directors, members, managers, employees and agents harmless from and against any and all claims, actions, damages, costs, liabilities, losses and expenses, including attorneys’ fees, arising from or related to your use of the Liberty App or any information you provide to the Company and for breach of these Terms or any other policy or any agreement with the Company.

DISCLAIMER OF WARRANTIES

YOU ARE USING THE LIBERTY APP AT YOUR OWN RISK. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OR STRATEGIC PARTNERS PROVIDE THE MATERIALS ON THE LIBERTY APP “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS RELATED TO THE LIBERTY APP, ALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. COMPANY DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LIBERTY APP WILL BE UNINTERRUPTED OR ERROR-FREE. THE LIBERTY APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE LIBERTY APP OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE PROGRAM OR THE LIBERTY APP. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE LIBERTY APP. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LIBERTY APP, FOR THE SERVICES PROVIDED THROUGH THE LIBERTY APPS OR FOR OTHER INFORMATION PROVIDED TO YOU THROUGH THE LIBERTY APP.

Viruses

The Company also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Liberty App or your downloading of any materials, data, text, images, video or auction from the Liberty App.

Copyright, Trademarks and Patents

All content included on the Liberty App is the property of the Company or its content suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Liberty App is the exclusive property of the Company and protected by U.S. and international copyright, patent and/or trademark laws. All software used on the Liberty App is the property the Company or its software suppliers and protected by U.S. and international copyright, patent and/or trademark laws. The content and software on the Liberty App are intended for use, and may be used, as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Liberty App is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the contents with any product or services not provided by the Company, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company. All other trademarks and service marks appearing on the Liberty App are the property of the respective owners, including third party providers of products and services with links to and from the Liberty App.

Not A Bank or Money Services Business

The Company is not a bank or a money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the Liberty App for the purpose of transmitting funds to a third party other than the Company. Funds used by a Member to purchase Credits cannot be returned to the bank account and are not insured by any government or private entity.

Dispute Resolution-Mandatory Arbitration

READ THIS PROVISION CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER WILL BE RESOLVED.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ANY CONTROVERSY, DISPUTE OR CLAIM (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING BUT NOT LIMITED TO THE SERVICES, WEBSITE, RETAILERS, BRANDS AND THIRD PARTY PROVIDER YOUR ACCOUNT, THE PROGRAMS, THE USE OF ANY CREDITS, PERKS, AND/OR REFERRAL CREDITS, AND/OR THE RELATIONSHIPS OF THE PARTIES HERETO SHALL BE RESOLVED OR OTHERWISE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), UNDER THE AAA CONSUMER RULES IN EFFECT AT THE TIME THE CLAIM IS FILED. SUCH ARBITRATION SHALL BE RESOLVED UNDER THE LAWS OF THE STATE OF DELAWARE.

THE ARBITRATOR’S DECISION SHALL BE FINAL, BINDING AND NON-APPEALABLE. ANY JUDGMENT UPON THE AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT. THE ARBITRATOR SHALL DETERMINE THE PREVAILING PARTY, AND THE COSTS AND EXPENSES OF THE ARBITRATION PROCEEDING, INCLUDING THE ARBITRATOR’S FEES, SHALL BE BORNE BY THE NON-PREVAILING PARTY, UNLESS OTHERWISE REQUIRED BY LAW. THIS MANDATORY ARBITRATION PROVISION SHALL SURVIVE THE CLOSING OF YOUR ACCOUNT, TERMINATION OF THE SERVICES, AND THE TERMINATION OF THIS AGREEMENT. NO PROVISION OF THIS AGREEMENT, ANY OTHER AGREEMENT BETWEEN THE PARTIES, NOR THE EXERCISE OF ANY RIGHT UNDER THIS AGREEMENT, SHALL WAIVE THE ARBITRATION REQUIREMENT.

THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD THE RIGHT TO LITIGATE THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE THEIR CASE. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED THROUGH AN ARBITRATION. IF THE PARTIES PURSUANT TO AN EXCEPTION EXPRESSLY PROVIDED HEREIN PROCEED TO LITIGATION, THE PARTIES EXPRESSLY AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY AGREES THAT THE TERMS INVALIDITY FOR PUBLIC POLICY REASONS AND/OR ITS VIOLATION OF FEDERAL CANNABIS LAWS IS NOT A VALID DEFENSE TO ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT. EACH PARTY EXPRESSLY WAIVES THE RIGHT TO PRESENT ANY DEFENSE RELATED TO THE FEDERAL ILLEGALITY OF CANNABIS AND AGREES THAT SUCH DEFENSE SHALL NOT BE ASSERTED, AND WILL NOT APPLY, IN ANY DISPUTE OR CLAIM ARISING OUT OF THESE TERMS.

Class Action Waiver

ANY CLAIM AGAINST THE COMPANY MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFFS OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM, INCLUDING ARBITRATION. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION, NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES AGREE THAT THE COURT WITH EXCLUSIVE JURISDICTION SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. IN THE EVENT THAT EITHER YOU OR HOLISTIC COMMENCE A COURT ACTION, ANY SUCH ACTION SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED WITHIN THE STATE OF DELAWARE, AND YOU AND HOLISTIC BOTH SUBMIT TO PERSONAL JURISDICTION THERE.THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD THE RIGHT TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDU¬ALLY THROUGH AN ARBITRATION.

Statute of Limitations

You and the Company 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 Services, the Website, or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. Otherwise such claim or cause of action is permanently barred.

Notice

The Company may give notice by means of a general notice on the Liberty Wallet App, website, email, telephone, text message, or by written communication sent by first class mail or pre-paid post to your address on record in your Account. 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 the Liberty Wallet App, website, email, telephone, and/or text message). You may give notice to the Company (such notice shall be deemed given when received by Holistic) at any time by sending an email to: legal@holisticindustries.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.

General

Liberty Wallet’s credit policies are designed to comply with all applicable state gift card and consumer protection laws. No joint venture, partnership, employment, or agency relationship exists between you, the Company, or any third party as a result of these Terms or use of the Libert Wallet App. If any provision of these Terms is held to be invalid or unenforceable, you and the Company agree that 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 these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

These Terms constitutes the entire agreement between you and the Company with respect to the subject matter hereof and governs your use of the Liberty Wallet, superseding any prior agreements between you and the Company related thereto. These Terms and the relationship between you and the Company shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The section titles or headings in these Terms are for convenience only and have no legal or contractual effect. 

Last modified April 21, 2025.