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Cabbage Club Membership Terms

Last Updated: September 2024

1. Welcome to Cabbage Club!

Welcome to the Cabbage Club member program (the “Club”), operated by Verano Holdings, LLC and its affiliated brands and companies, including Zen Leaf™ and MÜV™ (collectively, “Verano”). These Membership Terms (“Terms”) govern your membership and participation in the Club. By registering for membership in the Club, you agree to be bound by these Terms. In these Terms, the words “we,” “us,” and “our” refer to Verano, and the words “member”, “you”, and “your” refer to each Verano customer who registers for an account with the Club.

Note: All medical patients receive equal access to discounts and early access products provided to Cabbage Club members, with no Cabbage Club membership required. Medical patients are entitled to all product access, discounts, and patient care offered to Cabbage Club members. Medical patients receive top priority of service at Zen Leaf dispensaries, and all menu offerings are available to both Cabbage Club members and medical patients.

2. Benefits of Joining the Club

As a member of the Club, you will be granted access to a variety of benefits when you visit one of our participating retail outlets. Upon joining the Club, all new members will receive a monthly credit to be applied against retail purchases, exclusive time-limited coupons that can be redeemed for additional value, and branded swag items (subject to availability). While your membership continues, you will receive additional credits and coupons that can be used at any of our participating retail outlets. Other benefits may include early access to new products, member concierge services, a members-only line for check-in and check-out, Club news and updates, and exclusive invitations to members-only events. Member benefits may be updated or removed from time to time at Verano’s sole discretion, and Club service areas may change as we add new states and participating stores. You may always access the most current version of Club member benefits by visiting https://cabbageclub.co.

3. Eligibility and Enrollment

To apply for membership in the Club, you must register through our online registration portal (or sign up in one of our participating retail outlets) and pay the membership fee for the initial one-year membership term. Registration is limited to eligible adults (at least 21 years old, or 18+ with valid medical prescription). As part of the registration process you will be asked to provide your name, mailing address, email address, phone number and date of birth. If you refuse or are unable to provide this information, we will not be able to process your application. Club membership is granted on an annual basis, and can be renewed each year with payment of the membership fee for the following year.

4. Participating States.

Although we welcome Club members from all over the United States, state and federal laws mean that we are not currently able to provide Club benefits in every state. You may always access the most current list of states and retail outlets, and the Club benefits available in those locations, by visiting https://cabbageclub.co.

5. Promotional Credits

When you join the Club and for each month that you remain a member, you will receive a credit in your member account that you may apply against a purchase (of equal or greater value) at any of our participating retail outlets (“Promotional Credits”). Promotional Credits have no cash value, are non-transferrable, must be used in the month in which they are issued, and expire at the end of the month in which they were issued. The Club will not issue “rain checks” for Promotional Credits, or allow you to “bank” credits for use in a future month. Promotional Credits may not be shared or transferred between member accounts. Promotional Credits may vary by membership tier. You may confirm the value of Promotional Credits by visiting https://cabbageclub.co.

6. Coupons

When you join the Club, and for each calendar quarter that you remain a member, you will receive coupons that you may redeem at any of our participating retail outlets (“Coupons”). Offers presented by coupons may vary according to terms stated on the coupon and applicable state and local laws. Coupons have no cash value, are non-transferrable, and must be redeemed according to their terms at a participating retail outlet prior to the stated expiration date.

7. Digital Cards

Upon joining the Club, you will be provided with a digital gift card that will store your Promotional Credits and Coupons (the “Digital Card”). You may purchase additional reloadable credits that will also be stored on the Digital Card and can be used dollar for dollar towards any purchase (“Reloadable Credits”). Reloadable Credits are non-transferable and will not expire. The Digital Card can be accessed through an email link sent to you by the Club or stored as a digital card in compatible digital wallet mobile applications. The Digital Card is created, processed and managed by third-party Birchmount Network, Inc. (“Birchmount”), which has no affiliation with Verano. By using the Digital Card, you agree to be bound by Birchmount’s Terms of Service and Privacy Policy, available at: https://anycard.com/info/legal?hideNav. Verano makes no warranties or representations regarding Birchmount, its services or the Digital Card and waives all liability of any kind arising out of or related to Birchmount’s services, acts or omissions.

8. Forfeiture / Termination

Your membership in the Club, and the benefits that you receive with your membership, are conditioned on your compliance with these Terms and your good conduct while on the premises of our participating retail outlets. We reserve the right to immediately terminate your membership and forfeit or withdraw any current and future benefits associated with your membership if, in our sole discretion, we reasonably believe that (i) you have used your membership to engage in fraud, abuse or illegal activity; or (ii) if you publish any materials in any mode of communication that portray Verano, our employees or customers or products, or the Club in a false light or in association with reckless or unlawful conduct; or (iii) if you engage in conduct that violates these Terms, conduct that makes unauthorized use of Verano or Club systems, or conduct that is unlawful, abusive, reckless, or disrespectful of other customers or our staff at any of our participating retail outlets.

9. Communications and Customer Service

We welcome your comments and questions regarding the Club and these Terms. If you have any questions or need help with your Club membership, or if you have any concerns about your experience at one of our participating retail outlets, please contact us at:

Email: support@cabbageclub.co

Telephone: 779-222-2243

Mailing address:Cabbage Club Membershipc/o Verano224 W Hill StreetSuite 400 Chicago IL 60610

10. Privacy opt-in

We realize that by joining the Club, you are trusting us with your personal information. Our collection, storage and use of your personal information is described in the Verano Privacy Policy, which is published at https://verano.com/privacy-policy. By registering as a member of the Club, you consent to our collection and use of your personal information consistent with the Privacy Policy.

Under California Civil Code Sections 1798.83-1798.84 and the California Consumer Privacy Act, California residents are entitled to request that we provide you with the following information:

  1. The categories and specific pieces of personal information we have collected about you.
  2. The categories of sources from which we collect personal information.
  3. The purposes for collecting and using personal information.
  4. The categories of third parties with which we share personal information.
  5. For companies that disclose personal information for a business purpose, the categories of personal information disclosed about you for a business purpose.

In order to exercise any of these rights, please contact us at the address provided above in Section 8 of these Terms. In order for us to verify your identity, we will need you to provide your full name and the email account you used to register as a member of the Club. Once we receive your request, we will contact you to further verify your identity. Once verified, we will comply with your request via email or phone call.

We will work with an agent you authorize to make inquiries on your behalf, provided that your agent can provide us with written evidence that they have been duly authorized to act on your behalf.

11. NO WARRANTY / LIMITATION OF LIABILITY

VERANO AND ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED IN THESE TERMS OR OTHER CLUB MATERIALS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VERANO AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERANO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN

ANY WAY CONNECTED WITH THESE TERMS OR YOUR MEMBERSHIP IN THE CLUB, WITH THE DELAY OR INABILITY TO ACCESS CLUB BENEFITS OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE BENEFITS OR SERVICES, OR FOR ANY INFORMATION OBTAINED THROUGH THIS WEBSITE OR OTHER CLUB MATERIALS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VERANO OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Cancelling Your Membership

You may cancel your membership in the Club at any time. In order to cancel your membership, please contact us in writing at the address given in Section 8 of these Terms. You may also cancel your membership in person at any one of our participating retail outlets. If you have any credits or coupons available for use in your member account at the time you decide to terminate your membership, those credits and coupons will be forfeited and cancelled. You will not receive a refund or a pro-ration of any member fees for any period of time remaining in your membership term.

13. Governing Law; void where prohibited

These Terms, the Club, and any cause of action arising from them shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules. These Terms, and the offer of Club membership, are void where prohibited by applicable law. You understand that we may determine at our discretion if applicable law in a particular jurisdiction limits your participation or makes you ineligible for membership in the Club. We reserve the right to introduce or revise state-specific or jurisdiction-specific versions of these Terms and/or Club benefits, or revise the terms of specific coupons or credits, if such revisions are necessary to comply with requirements of applicable law in those states or jurisdictions.

14. Mandatory Arbitration / WAIVER OF JURY TRIAL

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

BY REGISTERING AS A MEMBER OF THE CLUB, YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

Agreement to Arbitrate. Any dispute or claim arising out of or relating to these Terms, the Club, or your access to or participation in the Club (based in any legal theory whatsoever) will be resolved by binding arbitration in accordance with this Section.

Arbitration Procedure. The arbitration of any dispute or claim shall be initiated through the American Arbitration Association and conducted in accordance with the AAA fee schedules and rules, as modified by these Terms. Any arbitration will be held in a reasonably convenient location in the state in which you accessed Club benefits at a participating retail outlet or at another mutually agreed location. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Authority of Arbitrator. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and Verano.

Class Action Waiver. You and Verano agree that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree that you will not be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If a court or arbitrator determines in an action between you and Verano that this class action waiver is unenforceable, the arbitration agreement will be void as to you.

JURY TRIAL WAIVER. AS A MATERIAL CONSIDERATION TO THE AGREEMENTS IN THESE TERMS AND FOR OPERATION OF AND MEMBERSHIP IN THE CLUB, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND VERANO WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD AGREEING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

15. Amendment by publication

We reserve the right to change these Terms at any time, by publishing a new version on this website. The most current version of these Terms will be published on the Club website and will supersede all previous versions. We encourage you to periodically review the Terms and the description of Club benefits at https://cabbageclub.co to make sure you are aware of any updates.

16. Compliance with laws; Indemnity

You agree to comply will all domestic and international laws, statutes, ordinances and regulations (collectively, "applicable laws") regarding your membership in the Club, including without limitation, any applicable laws regarding advertising, purchase, sale, transportation, consumption and use of cannabis products. You agree to indemnify Verano and its affiliates, and their officers, directors, employees, and agents from and against any and all third party claims, demands, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, that arise from: (a) your membership in the Club, or (b) any other breach of these Terms.

17. Complete Agreement; Severability

If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of the Terms will remain in full force and in effect. These Terms constitute the entire agreement between you and us concerning your membership in the Club.