CATALYST REWARDS TERMS OF USE

Effective Date: August 14, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE CATALYST 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 CATALYST REWARDS PROGRAM.

These Terms of Use include an arbitration agreement that governs any disputes between you and us. In arbitration, there is less discovery and appellate review than in court. This arbitration agreement and other provisions will:

  • eliminate your right to a trial by jury to the extent allowable under applicable law; and
  • substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings in arbitration and litigation.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Catalyst Rewards program by electronic means, including posting such information and materials online at www.catalyst-cannabis.com.

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the Catalyst Rewards Club program in the United States (“Catalyst Rewards”), which is operated by South Cord Holdings LLC or its respective subsidiaries, licensees and affiliated companies (collectively, “Catalyst”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Catalyst for other products or services.

CHANGES TO TERMS

Catalyst reserves the right to change or modify these Terms of Use or any policy, FAQ, offer, promotion, benefit or guideline pertaining to Catalyst 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.catalyst-cannabis.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 Catalyst Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Catalyst Rewards.

PERSONAL USE

Catalyst Rewards is intended for personal use only. Commercial use is prohibited. Catalyst Rewards is not targeted towards, nor intended for use by, anyone under the age of 18.

Our Privacy Policy is incorporated into these Terms of Use and also governs your participation in Catalyst Rewards. Please read the Privacy Policy carefully to understand how Catalyst collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT CATALYST REWARDS

Catalyst Rewards is one way in which Catalyst endeavors to reward and thank loyal customers for patronizing our business and purchasing Catalyst products. Catalyst Rewards members are able to earn and accumulate “Rewards Points” that can be redeemed for Catalyst Rewards benefits (“Rewards”) at participating Catalyst stores. Unfortunately, not all Catalyst stores have the ability to award Rewards Points or redeem Rewards Points for Rewards at this time.

JOINING CATALYST REWARDS

If you shop at one of our participating retail stores, you may automatically be enrolled into the Catalyst Rewards program. In addition, to join Catalyst Rewards, go to https://catalystrewardsclub.com (“Websites”), or to the Catalyst mobile app (“App”), if available, and follow the prompts to create an account. You will be required to provide the following information:

  1. First and last name,
  2. Email address,
  3. Phone Number,
  4. and your preferred store.

When you join Catalyst Rewards, you automatically are provided with a digital Catalyst Wallet that holds all your Catalyst Rewards.

EARNING REWARDS POINTS

The Rewards available to you through Catalyst Rewards are based on the number of Rewards Points that you earn. Once a Catalyst Rewards member, you earn Catalyst Rewards on every purchase made at a participating retail location as follows:

  1. Purchases Made at Participating Retail Stores. All purchases made at a participating Catalyst retail store will earn you 2 rewards points for every dollar spent on that purchase (excluding discounts, promotions, and taxes).
  2. Promotional Bonus Points Offers. From time to time, we (or others acting with our permission) may offer you opportunities to earn additional “Bonus Rewards Points” through special promotions. These bonus points will be awarded as described in the applicable promotion and will be subject to any additional terms set forth therein. Offers may change, be modified, suspended, or terminated at any time without notice and are void where prohibited by law.

Note that Rewards Points may be earned in fractional amounts depending on the value of your purchase.

EXCLUSIONS TO EARNING REWARDS POINTS; PARTICIPATING STORES ONLY

You may not earn Rewards Points in connection with certain types of beta or promotional programs. Rewards Points may be earned only at participating Catalyst stores, and some stores may only award points redeemable at that location. Transactions made via cash, credit card, debit card, or mobile wallet may be excluded along with taxes, tips, donations, discounts, and fees (including shipping, handling, gift wrapping, delivery, and bag fees).

RETURNS

Your Points balance may be impacted by returns as follows:

  1. If you void a purchase, Catalyst will deduct the Rewards Points earned for that purchase, which may result in a negative Points balance.

REWARDS POINTS EXPIRATION

Unless otherwise noted, Rewards Points are typically added to your account within 24 hours of an eligible purchase (though it may sometimes take longer) and expire 12 months after the calendar month in which they were earned. For example, if you earn Rewards Points on December 15, 2024, they will expire on December 1, 2025.

REDEEMING REWARDS POINTS FOR REWARDS

Rewards Points may be redeemed in one of two ways: (1) as a discount on qualified purchases at a rate of $0.01 per point, or (2) for complimentary Catalyst items at participating stores. Currently, redemptions occur in increments of 200 Rewards Points (equal to $2.00) on qualified purchases. Redemption tiers and available rewards may vary by location, and Catalyst may adjust these tiers or minimum redemption amounts at any time in its sole discretion.

POINTS REDEMPTION AVAILABILITY MAY VARY; PARTICIPATING CATALYST STORES ONLY

Not all Catalyst stores have the ability to honor Rewards Points redemptions, and the items available in each redemption tier may vary.

OTHER IMPORTANT POINTS REDEMPTION INFORMATION AND EXCLUSIONS

You will be unable to redeem Rewards Points on the same day that they accrue. For example, if you make a $100.00 purchase and earn 200 Rewards Points, you cannot redeem those points on the same day.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

There are no participation or membership fees associated with Catalyst Rewards. Rewards Points accrued are promotional, have no cash value, and cannot be redeemed for cash. Redemptions cannot be combined with other offers or discounts unless expressly indicated by Catalyst.

Your Rewards Points, rewards, and Catalyst Rewards account are personal and may not be sold, transferred, assigned, shared, or used for any commercial purpose. You may have only one Catalyst Rewards account.

Without notice, Catalyst reserves the right to suspend or terminate any account if it determines, in its sole discretion, that the account is being used in an unauthorized, deceptive, fraudulent, or unlawful manner. Duplicate accounts may be combined. If your participation is terminated, all accrued Rewards Points will be void.

Without notice, Catalyst also reserves the right to “unregister” any account that has been inactive for two consecutive years. In such cases, all accrued Rewards Points will be void.

Catalyst reserves the right to change, modify, discontinue, or cancel Catalyst Rewards or any part of the program at any time without notice.

DISPUTE RESOLUTION (INCLUDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER; JURY TRIAL WAIVER)

Please read this section carefully as it affects your legal rights. It provides for resolving most disputes through individual arbitration rather than court trials and class actions. Arbitration is more informal than a lawsuit, uses a neutral arbitrator instead of a judge or jury, and involves limited discovery. Arbitration is final and binding and subject to limited court review. This section also contains a jury trial waiver and a waiver of the right to participate in any class, collective, consolidated, private attorney general, or representative action.

  • Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim (the “Dispute”) arising out of or relating to these Terms of Use, your participation in Catalyst Rewards, or your relationship with Catalyst (including any subsidiary, parent, or affiliate) will be resolved through binding individual arbitration, except that either party may take a Dispute to small claims court if it is not removed or appealed. Dispute includes (a) disputes arising before these or any prior Terms of Use; (b) disputes currently subject to purported class action litigation in which you are not a certified class member; and (c) disputes arising after termination of these Terms. However, Dispute does not include issues concerning patents, copyrights, trademarks, or trade secrets. The arbitrator shall decide all issues except those reserved for a court, those regarding the scope, validity, and enforceability of the arbitration agreement, and those regarding arbitrability. These Terms, including this arbitration provision, do not prevent you from bringing a dispute to a government agency. You and Catalyst agree that these Terms evidence a transaction in interstate commerce and will be enforced under the Federal Arbitration Act and federal law.
  • Mandatory Informal Dispute Resolution Process. You and Catalyst agree to work together to resolve any Dispute informally. The party initiating a Dispute must send a written notice including transaction details, contact information, and a detailed description of the dispute and relief sought. The notice must be personally signed (and by counsel if applicable). If you have a dispute, send the notice to our Customer Service department at https://customerservice.Catalyst.com/app/contact/ask/. For 60 days from receipt of a complete notice (extendable by mutual agreement), both parties will negotiate in good faith. Either party may request a telephone settlement conference. If unresolved, the dispute may proceed to arbitration. Compliance with this process may be enforced by a court.
  • Arbitration Procedures. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules (as applicable), available at www.adr.org. The arbitrator may impose sanctions as permitted under Federal Rule of Civil Procedure 11. Hearings may be conducted by phone, video, or in-person (except for disputes seeking $25,000 or more or injunctive relief, which must be in-person or via video unless otherwise agreed). The arbitrator may award relief on an individual basis. The arbitration award is final and binding, subject to very limited review by a court.
  • Costs of Arbitration. Payment of arbitration fees will be governed by AAA rules and fee schedule. Both parties agree to work together to keep arbitration cost-effective.
  • Additional Procedures for Multiple Case Filings. If 25 or more similar disputes are asserted against Catalyst by the same or coordinated counsel (a “Multiple Case Filing”), the dispute resolution may be staged. In Stage One, each party selects 50 disputes (or all if fewer than 100) to proceed individually in arbitration; if a claim is withdrawn, another is selected. After Stage One, a global mediation session will be held with Catalyst paying the mediator’s fee. In Stage Two, if necessary, each party selects 100 disputes (or all if fewer than 200) to proceed individually (with no more than five cases per arbitrator), followed by global mediation. Any remaining disputes will be opted out of arbitration and may proceed in court unless both parties agree otherwise.
  • Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than changes to our contact information), you may reject the changes by sending a personally signed written notice to:
    Catalyst Cannabis Co.
    401 Pine Ave.
    Long Beach, CA 90802

Such notice does not constitute an opt out of arbitration altogether. By rejecting a future change, you agree to arbitrate any dispute under the current version of this arbitration agreement.

  • Class Action Waiver and Jury Trial Waiver – You and Catalyst agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action. You and Catalyst waive any right to bring or participate in such actions, except in the case of a mutually agreed class-wide settlement.
  • To the fullest extent permitted by law, you and Catalyst waive the right to a jury trial.

GOVERNING LAW AND JURISDICTION

These Terms of Use or your participation in Catalyst Rewards are governed by the laws of California, United States, without regard to California’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. If the arbitration agreement is found unenforceable, you consent to the exclusive jurisdiction of the federal and state courts in Orange County, California, and waive any objections regarding jurisdiction or venue.

SEVERABILITY AND SURVIVAL

If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable, it shall be severed from the remainder, which will continue in full force and effect.

ADDITIONAL INFORMATION

These Terms of Use constitute the entire agreement regarding Catalyst Rewards and supersede all prior understandings or agreements, whether written or oral, regarding the Services.