LOYALTY TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE FOREST REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE STANDARD WELLNESS REWARDS PROGRAM.
You agree that we may provide updates, notices, disclosures and amendments to these Terms and Conditions, and other information relating to the Forest Rewards program by electronic means, including posting such information and materials online at https://theforestdispensary.com.
Additional Terms
These Terms and Conditions apply to your access to, and participation in, the Forest Rewards program in the United States ("The Forest Rewards"), which is operated by Standard Wellness Holdings, LLC or its respective subsidiaries, licensees, and affiliated companies (collectively, "The Forest").
Changes to Terms
The Forest reserves the right to change or modify these Terms and Conditions or any policy, FAQ, offer, promotion, benefit or guideline pertaining to The Forest Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.theforestdispensary.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in The Forest Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms and Conditions, you must stop accessing and participating in The Forest Rewards.
Program Period
The Forest Rewards will continue until The Forest determines an end date and time; once determined, the end date and time will be disclosed prior to the end date/time.
Personal Use
The Forest Rewards is intended for personal use only. Commercial use is prohibited. The Forest Rewards is intended solely for users who are (i) twenty-one (21) years of age and older; or (ii) eighteen (18) years of age or older and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty-one (21) years of age or older, or if you are eighteen (18) years of age or older that you have a valid medical marijuana registration card.
Our Privacy Policy is incorporated into these Terms and Conditions and also governs your participation in The Forest Rewards. Please read the Privacy Policy carefully to understand how The Forest collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.
Electronic Communication
Visiting our site or sending emails to The Forest constitutes electronic communication. You consent to receive electronic communication, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on our website or app, satisfy any legal requirement that such communication be in writing.
About The Forest Rewards
Details related to The Forest Rewards are available at www.theforestdispensary.com and within our The Forest app. All offers are subject to change without prior notice. All offers must be redeemed by the individual who earned rewards, and redemptions must be in person. Offers may vary from location to location, in The Forest’s sole discretion. The Forest Rewards will be subject to laws and regulations governing the cultivation, processing, and sale of cannabis products in markets where such activities are permitted by state law. The Forest Rewards is not available in any state or jurisdiction where The Forest does not operate.
Joining The Forest Rewards
Customers and patients can sign up online via https://lab.alpineiq.com/wallet/2411 or in-store by providing your name, email, phone number and birthday at checkout.
Earning Rewards
Every pre-tax dollar earns one (1) point.
Returns
Regular return policies apply. In the event that a particular item purchased with points is not available for exchange, a similar item of equal or lesser value will be offered at the redemption level used for the original purchase.
Expiration
Points expire ninety (90) days after they are earned. Any points earned prior to January 30, 2025, will expire on April 30, 2025.
Redemption
Only one reward may be redeemed per day.
Waiver of Liability
The Forest is not responsible for technical, hardware or software malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Forest Rewards or by any human error which may occur in the processing of the points in the Forest Rewards or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Forest Rewards.
If, for any reason, the Forest Rewards is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of The Forest which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Forest Rewards, then The Forest reserves the right at its sole discretion to cancel the Forest Rewards and only allow points to be redeemed from all eligible participants who submitted their points prior to cancellation.
Except for willful misconduct or gross negligence on the part of the Forest, by participating in the Forest Rewards, participants release The Forest from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Forest Rewards or the use of any rewards. Participants agree to indemnify, defend and hold The Forest and any affiliates harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by participants of any of these Terms and Conditions or any violation by participants of applicable law, including but not limited to any laws relating to cannabis use, sale, or possession.
Other Important Information You Should Know
Rewards accrued in connection with The Forest Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Rewards accrued in connection with The Forest Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by The Forest.
Your Rewards and The Forest Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) The Forest Rewards account that is personal to you.
Without notice to you, The Forest reserves the right to suspend any Rewards registered to your account and/or terminate your account and/or your participation in The Forest Rewards if The Forest determines, in its sole discretion, that you have violated these Terms and Conditions or that the use of your Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. The Forest may, in its sole discretion, suspend, cancel or combine Rewards accounts that appear to be duplicative. In the event that your participation in The Forest Rewards is terminated, all accrued Rewards in your account are void.
Without notice to you, The Forest also reserves the right to "unregister" and make ineligible for The Forest Rewards any Rewards account that has been inactive for one (1) year. Inactivity is defined as no Rewards earned during such one (1) year period. In the event that your Rewards account is unregistered or rendered inactive, all accrued Rewards in your account are void.
The Forest reserves the right to change, modify, discontinue or cancel The Forest Rewards or any part of The Forest Rewards program, at any time and in its sole discretion, without notice to you.
Dispute Resolution
Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration, or litigation to the fullest extent allowable by applicable law.
· Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms and Conditions, your access to or participation in The Forest Rewards, or your relationship with The Forest or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Dispute”), will be resolved through binding individual arbitration. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms and Conditions. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (b) issues that relate to the arbitrability of any Dispute. These Terms and Conditions and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency.
· Mandatory Informal Dispute Resolution Process. You and we agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for it. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you have the Dispute with us, you must send this notice to our Customer Service department using the appropriate link at https://theforestdispensary.com/contact. If we have a Dispute with you, we will send this notice to the most recent contact information we have for you. For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a The Forest representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration if the Dispute is not resolved through this Process.
· Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within 30 days of the change:
Standard Wellness Holdings
425 Literary Ave, Suite 100, Cleveland, OH 44113
Attention: Legal Department
Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and The Forest in accordance with this version of the arbitration agreement.
· Class Action Waiver and Jury Trial Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
To the fullest extent allowable by applicable law, you and we waive the right to a jury trial.
Governing Law and Jurisdiction
These Terms and Conditions or your access to or participation in The Forest Rewards are governed by the laws of the state of Ohio, United States of America, without regard to Ohio’s conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Cuyahoga County, Ohio, United States of America, for purposes of any legal action arising out of or related to access to or participation in The Forest Rewards or these Terms and Conditions, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.
Severability and Survival
Except as otherwise provided herein, if any provision or part of a provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision or part of the provision shall be deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.