Terms of Use Agreement

For purposes of this agreement: “Company” means Pineapple Express, LLC and its affiliates;
“Site” refers to the Company’s website, pineappleexpressma.com; “Home Delivery” refers to a
delivery of products from our warehouse to a residential address located within the
Commonwealth of Massachusetts; “Service” refers to the Company’s services accessed via the
Site, in which users can: contact us; view our information, services, educational material, blogs,
delivery areas and products; and order products for home delivery. The terms “we,” “us,” and
“our” refer to the Company. “You” refers to you, as a user of our Site or our Service.

The following Terms of Use apply when you view or use the Service via our website located at
http://www.pineappleexpressma.com.
Please review the following terms carefully. By accessing or using the Service, you signify your
agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their
entirety, you may not access or use the Service.

PRIVACY POLICY

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy
Policy which explains how we collect, use and disclose information that pertains to your privacy.
When you access or use the Service, you signify your agreement to the Privacy Policy as well as
these Terms of Use.

ABOUT THE SERVICE

The Service allows you to: contact us; view our information, services, educational material,
blogs, delivery areas and products; and order products for home delivery.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You must be at least 21 years of age or older.
If you are a user who signs up for the Service, you will create a personalized account
which includes a unique username and a password to access the Service and to receive
messages from the Company. You agree to notify us immediately of any unauthorized
use of your password and/or account. The Company will not be responsible for any
liabilities, losses or damages arising out of the unauthorized use of your member name,
password and/or account.
When you place an order for home delivery, you certify that you are at a residential
address, and you have permission to be there. You certify that you will not order delivery
to a commercial address, a hotel, university housing, college housing or a federally
funded address.

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following use, posting and
conduct restrictions. You agree that you will not under any circumstances:

Access the Service for any reason other than your personal, non-commercial use solely as
permitted by the normal functionality of the Service;
Misrepresent your identity;
Collect or harvest any personal data of any user of the Site or the Service;
Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
Use the Service for any unlawful purpose or for the promotion of illegal activities;
Attempt to, or harass, abuse or harm another person or group;
Use another user’s account without permission;
Intentionally allow another user to access your account;
Provide false or inaccurate information when registering an account;
Interfere or attempt to interfere with the proper functioning of the Service;
Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service;
Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer; or
Attempt to receive a delivery at any address other than a residential address within the Commonwealth.

OFFERS & PRICING

We offer goods on this Site. The price of these goods can be found listed on the Site. This price
does not include all applicable taxes and other fees.

CANCELLATION POLICY

We offer cancellations on purchases made of the goods offered on our Site. We offer
cancellations only prior to delivery. You may cancel your order by calling us at (413) 277-0277
or canceling within your account. You will not be charged a cancellation fee if you cancel your
purchase in accordance with the instructions above. We will issue you a refund of the full
purchase price that you paid if you cancel your purchase PRIOR TO DELIVERY.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but
not limited to fraud, inaccuracies, unverifiable identification, intoxication, unsafe conditions and
unavailability of the items or services purchased. We will not provide you with any notice prior
to cancelling your purchase. We will issue you a refund of the full purchase price that you paid
if we cancel your purchase.

REFUND POLICY

We do not offer refunds on any purchases made on this Site.

NO WARRANTY

The items or services displayed or sold on this Site are provided “as is,” NO warranty, express or
implied (including any implied warranty of merchantability, of satisfactory quality or fitness for
a particular purpose or use) shall apply to any items or services displayed or sold on this Site,
whether arising by law, course of dealing, course of performance, usage of trade or otherwise.

AVAILABILITY, ERRORS & INACCURACIES

We assume no liability for the availability, errors or inaccuracies of the information, products or
services provided on this Site. We may experience delays in updating information on this Site
and in our advertising on other websites. The information, products and services found on the
Site may contain errors or inaccuracies or may not be complete or current. Products or services
may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing
errors on our Site. The inclusion or offering of any product or service on this Site does not
constitute an endorsement or recommendation of such product or service by us.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you may be able to provide age and contact
information (“User Content”) to the Service. You are solely responsible for the User Content
that you post, upload, link to or otherwise make available via the Service.

You agree that we are only acting as a passive conduit for your online distribution and
publication of your User Content. The Company reserves the right to remove any User Content
from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express
conditions surrounding User Content. You agree that failure to adhere to any of these conditions
constitutes a material breach of these Terms.

By transmitting and submitting any User Content while using the Service, you agree as follows:

You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, libelous, false or inaccurate;
You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously or otherwise objectionable and offensive;
You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
You will not submit content that is copyrighted or subject to third party proprietary rights,
including privacy, publicity, trade secret, or others, unless you are the owner of such
rights or have the appropriate permission from their rightful owner to specifically submit
such content; and
You hereby agree that we have the right to determine whether your User Content
submissions are appropriate and comply with these Terms of Service, remove any and/or
all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the
use of any User Content that you make available or access through your use of the
Service is solely your responsibility. The Site is not responsible for any public display or
misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our
discretion, we, or technology we employ, may monitor and/or record your interactions
with the Service or with other Users.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers or other information or content made available through the
Service, but not directly by the Site, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness or usefulness of any information on the Site or
the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of
any opinion, advice or statement made by other parties. We take no responsibility and assume no
liability for any User Content that you or any other user or third party posts or sends via the
Service. Under no circumstances will we be responsible for any loss or damage resulting from
anyone’s reliance on information or other content posted on the Service or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is
inaccurate or objectionable when you use or access the Site or the Service. We reserve the right,
but have no obligation, to monitor the materials posted in the public areas of the Site or the
Service or to limit or deny a user’s access to the Service or take other appropriate action if a user
violates these Terms of Use or engages in any activity that violates the rights of any person or
entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall
have the right to remove any material that in its sole opinion violates, or is alleged to violate, the
law or this agreement or which might be offensive, or that might violate the rights, harm, or
threaten the safety of users or others. Unauthorized use may result in criminal and/or civil
prosecution under Federal, State and local law. If you become aware of a misuse of our Service
or violation of these Terms of Use, please contact us at Kaily@PineappleExpressMA.com.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s)
(“Third Party Sites”) as well as content or items belonging to or originating from third parties
(“Third Party Applications, Software or Content”). These links are provided as a courtesy to
Service subscribers and users. We have no control over Third Party Sites or Third Party

Applications, Software or Content or the promotions, materials, information, goods or services
available on these Third Party Sites or Third Party Applications, Software or Content. Such
Third Party Sites and Third Party Applications, Software or Content are not investigated,
monitored or checked for accuracy, appropriateness or completeness, and we are not responsible
for any Third Party Sites accessed through the Site or any Third Party Applications, Software or
Content posted on, available through or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices or other policies of or contained in the
Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to
or permitting the use or installation of any Third Party Site or any Third Party Applications,
Software or Content does not imply our approval or endorsement. If you decide to leave the Site
and access the Third Party Sites or to use or install any Third Party Applications, Software or
Content, you do so at your own risk and you should be aware that our terms and policies,
including these Terms of Use, no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any Third Party Site to which you
navigate from the Site or relating to any applications you use or install from the Third Party Site.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

(A) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of
others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States
Copyright Act, as may be amended from time to time, we have adopted and implemented a
policy that provides for the termination in appropriate circumstances of users of the Service who
are repeat infringers. We may terminate access for participants or users who are found
repeatedly to provide or post protected third party content without necessary rights and
permissions.

(B) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in
good faith, that any materials provided on the Service infringe upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act, see 17 U.S.C 512,
(“DMCA”) by sending the following information in writing to the our designated copyright
agent:

The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of
infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and/or email address;
A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

(C) Counter-Notices. If you believe that your User Content that has been removed from the Site
is not infringing, or that you have the authorization from the copyright owner, the copyright
owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may
send a counter-notice containing the following information to our copyright agent using the
contact information set forth above:

Your physical or electronic signature;
A description of the content that has been removed and the location at which the content
appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of
mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent
to the jurisdiction of the federal court in Massachusetts and a statement that you will
accept service of process from the person who provided notification of the alleged
infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice
to the original complaining party informing such person that it may reinstate the removed content
within ten (10) business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may (in our sole discretion) be
reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the
counter-notice.

LICENSE GRANT
By posting any User Content via the Service, you expressly grant, and you represent and warrant
that you have a right to grant, to the Company a royalty-free, sublicensable, transferable,
perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list
information regarding, edit, translate, distribute, publicly perform, publicly display and make
derivative works of all such User Content and your name, voice and/or likeness as contained in
your User Content, if applicable, in whole or in part, and in any form, media or technology,
whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual
property rights of any kind related to the Service, including applicable copyrights, trademarks
and other proprietary rights. Other product and company names that are mentioned on the
Service may be trademarks of their respective owners. We reserve all rights that are not
expressly granted to you under these Terms of Use.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s email and messaging system will not constitute
legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in
any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic
form via the email address you have submitted; and (b) agree that all Terms of Use, agreements,

notices, disclosures and other communications that we provide to you electronically satisfy any
legal requirement that such communications would satisfy if it were in writing. The foregoing
does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the
Site or the Service and special offers. You may opt out of such email by changing your account
settings, using the “Unsubscribe” link in the message, or by sending an email to
Kaily@PineappleExpressMA.com or mail to the following postal address:

Customer Support
Pineapple Express, LLC
124 C West Street
Ware, MA 01082

Opting out may prevent you from receiving messages regarding the Site, the Service or special
offers.

WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE
SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY,
ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE
MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF
THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL
RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING
AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED
FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT
DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
COMPANY, THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES,
OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS,
USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE
USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR
INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE
SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY
OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET
FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME

JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS
PROVISION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PINEAPPLE EXPRESS, LLC BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS
TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO
ACCESS, DISPLAY OR USE THIS SITE, INCLUDING BUT NOT LIMITED TO YOUR
RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS SITE; ANY
COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED
BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE,
WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT
LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF
PINEAPPLE EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF, DESPITE THE LIMITATION ABOVE, PINEAPPLE EXPRESS, LLC IS
FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY
WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN
THE LIABILITY OF PINEAPPLE EXPRESS, LLC WILL IN NO EVENT EXCEED THE
SERVICE FEES YOU PAID TO PINEAPPLE EXPRESS, LLC IN CONNECTION WITH
SUCH TRANSACTION(S) ON THIS SITE. THE LIMITATION OF LIABILITY REFLECTS
THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED
IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY
SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE
INURE TO THE BENEFIT OF PINEAPPLE EXPRESS, LLC. THE AGGREGATE
LIABILITY OF PINEAPPLE EXPRESS, LLC ARISING OUT OF OR RELATING TO THIS
SITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT
OF FEES ACTUALLY RECEIVED BY PINEAPPLE EXPRESS, LLC FROM YOU.

If you have a dispute with one or more users, a merchant of a product or service that you review
using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures
and employees) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such disputes.

MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of
any such amendments. It is your sole responsibility to check the Site from time to time to view
any such changes in this agreement. Your continued use of the Site or the Service signifies your
agreement to our revisions to these Terms of Use. We will endeavor to notify you of material
changes to the Terms by posting a notice on our homepage and/or sending an email to the email
address you provided to us upon registration. For this additional reason, you should keep your
contact and profile information current. Any changes to these Terms (other than as set forth in
this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a
written agreement bearing the physical signature of one of our officers. No purported waiver or

modification of this agreement on our part via telephonic or email communications shall be
valid.

GENERAL TERMS
If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that
portion of the agreement will be construed as to be consistent with applicable law while the
remaining portions of the agreement will remain in full force and effect. Any failure on our part
to enforce any provision of this agreement will not be considered a waiver of our right to enforce
such provision. Our rights under this agreement survive any transfer or termination of this
agreement.

You agree that any cause of action related to or arising out of your relationship with the
Company must commence within ONE year after the cause of action accrues. Otherwise, such
cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United
States of America and the laws of the Commonwealth of Massachusetts, without regard to
conflict of law provisions.
We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part,
to any person or entity at any time with or without your consent. You may not assign or delegate
any rights or obligations under the Terms of Service or Privacy Policy without our prior written
consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE,
UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND
CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE
TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND
ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT

MATTER OF THIS AGREEMENT.