Terms of Service

SPARK VENTURES , dba SPARK DISPENSARY, ACCESS TERMS OF SERVICE

March 1, 2023

Background. These Access Terms of Service govern your use of the
SparkDispensary.com web site and associated applications currently available at

https://www.sparkdispensary.com (the "Spark Dispensary Site"), which is owned and
operated by Spark Ventures . ("Spark Ventures"). By using the Spark Ventures Site, you
agree to be bound by these Access Terms of Service. If you do not agree to these Access
Terms of Service, you must immediately cease use of the Spark Ventures Site.
Modifications to the Terms of Service. Spark Ventures may change these Access Terms
of Service from time to time without notice to you. Accordingly, you should review these
Access Terms of Service periodically. By continuing to use the Spark Ventures Site you
agree to be bound by the modifications to these Access Terms of Service. Spark Ventures
reserves the right to modify or discontinue, temporarily or permanently, the Spark Ventures
Site or any feature of the Spark Ventures Site, with or without notice to you. You agree that
Spark Ventures is not liable to you or any third-party for any such modification or
discontinuance or your access to the Spark Ventures Site.
Access License. Subject to these Terms of Service, Spark Ventures grants you a
limited, nonexclusive, nontransferable license to access the Spark Ventures Site via the
Internet, and to display and view the content of the Spark Ventures Site, including any
articles, information, logos, photographs, drawings, and other materials contained therein
(the "Content"), on a single computer for informational purposes only. To the extent the
Spark Ventures Site contains any executable or object code, you agree not to decompile,
reverse engineer or disassemble such code. Except as expressly granted hereunder, Spark
Ventures reserves all rights in and to the Spark Ventures Site, and nothing contained in
these Terms of Service shall be construed as conferring, by implication, estoppel, or
otherwise any license or right under any patent, copyright, trademark, trade dress, or other
intellectual property right that Spark Ventures or any third party may have in the Spark
Ventures Site or its Content. Without limiting the generality of the foregoing, except as
expressly granted hereunder, no right or license is granted to reproduce, distribute, publish,
retransmit, create any derivative works of, or otherwise commercially exploit all or any
portion of the Spark Ventures Site or the Content, whether electronically, mechanically, or
otherwise, including but not limited to, the copying of presentation style, content, or content
organization, without Spark Ventures 's prior written permission.
Links. You may not create links to the Spark Ventures Site without the prior written
consent of Spark Ventures . The Spark Ventures Site may contain links to other web sites
or resources (the "Linked Sites"). You acknowledge and agree that Spark Ventures has no
control over and is not responsible for the availability of the Linked Sites. You further

acknowledge and agree that Spark Ventures does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or available from the
Linked Sites. You agree that Spark Ventures shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with
the use of or reliance on any such content, goods or services available on the Linked Sites.
Copyrights and Notices. You acknowledge and agree that all right, title and interest in
and to the Spark Ventures Site and any and all Content belong to Spark Ventures or its
third party content providers, and You agree not to assert any claim to the contrary. Except
for the licenses expressly granted hereunder, all rights in and to the Content are specifically
reserved to Spark Ventures and its content providers. All logos, splash screens, page
headers, custom graphics and button icons displayed on the Spark Ventures Site
(collectively, "Marks") are service marks, trademarks, and/or trade dress of Spark Ventures
or its third party licensors, and nothing contained in this Agreement shall be construed to
grant, by implication, estoppel or otherwise, any right or license to use the Marks. The use
of any Spark Ventures software or the software of third parties downloaded from the Spark
Ventures Site shall be subject to the terms and conditions of the license provided with the
software. You may not remove, alter or obscure any copyright or trademark notices or any
other proprietary legends contained in the Spark Ventures Site.

If you believe that any Content contained in the Spark Ventures Site infringes upon any
copyrights that you own, you may notify Spark Ventures 's designated agent pursuant to
the Digital Millennium Copyright Act at the following address:

SPARK VENTURES
4799 Colorado Blvd.
DENVER, CO 80216
User Content; Disclaimer of Sponsorship. You acknowledge and agree that the Spark
Ventures Site may contain content that is provided by third parties, including, without
limitation, other users of the Spark Ventures Site. Spark Ventures is a distributor and not
a publisher with respect to content provided by third parties, and does not undertake to, and
is not responsible for, reviewing or editing any third party content. Any opinions, advice,
statements, services, offers or other information contained in third party content are those of
their respective authors and not of Spark Ventures or any of its affiliates. All brand,
product, service, and process names appearing on this Spark Ventures Site are
trademarks and service marks of their respective owners. Spark Ventures 's reference to or
use of a product, service, or process does not imply Spark Ventures 's recommendation,
approval, affiliation, or sponsorship of the respective product, service, or process. Your
correspondence with or participation in promotions, sales or other transactions with
advertisers or other users, of this web site, including, without limitation, the purchase, sale
and delivery of any related goods or services, attendance at any seminars or similar events
and any other terms, conditions, warranties or representations associated with such
advertisements or postings found on the web site, are solely between you and such
advertiser or other user.
Disclaimer of Warranties. THE SPARK VENTURES SITE IS PROVIDED TO YOU "AS
IS." YOU AGREE THAT YOU MUST INDEPENDENTLY EVALUATE AND BEAR ALL
RISKS ASSOCIATED WITH YOUR USE OF THE SPARK VENTURES SITE OR ITS
CONTENT, INCLUDING WITHOUT LIMITATION ANY RELIANCE BY YOU ON THE
ACCURACY, COMPLETENESS OR USEFULNESS OF THE SPARK VENTURES SITE.
SPARK VENTURES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH
RESPECT TO THE SPARK VENTURES SITE, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-
INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF
PERFORMANCE, DEALING, OR TRADE USAGE. SPARK VENTURES MAKES NO
WARRANTY THAT ANY PART OF THE SPARK VENTURES SITE (INCLUDING
WITHOUT LIMITATION THE CONTENT) WILL MEET YOUR REQUIREMENTS, THAT
ANY PART OF THE SPARK VENTURES SITE WILL BE UNINTERRUPTED, ERROR
FREE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER COMPUTER
INSTRUCTIONS WHICH DISRUPT, DAMAGE, DESTROY, OR INTERFERE WITH THE
USE OF ELECTRONIC DEVICES OR COMPUTERS; NOR DOES SPARK VENTURES
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ANY
USE OF THE SPARK VENTURES SITE OR AS TO THE ACCURACY, TIMELINESS,
COMPLETENESS OR RELIABILITY OF ANY PART OF THE SPARK VENTURES SITE
OR THAT ERRORS IN ANY PART OF THE SPARK VENTURES SITE WILL BE
CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE
SPARK VENTURES SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA. SPARK VENTURES MAKES NO WARRANTY
REGARDING ANY GOODS NOTICES, EVENTS, LISTINGS OR SERVICES PURCHASED
OR OBTAINED ARISING OUT OF, THROUGH OR FROM THE SPARK VENTURES
SITE, INCLUDING WITHOUT LIMITATION THE QUALITY OF SUCH GOODS OR
SERVICES, THE TIMING OF EVENTS, THE ACCURACY OF LISTINGS, OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE SPARK VENTURES SITE.
THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE TO YOU, AND SPARK
VENTURES OR ANY SPARK VENTURES SUPPLIER MAY IMPROVE OR CHANGE
THE WEB SITE AT ANY TIME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations on Liability. You agree that Spark Ventures and its affiliates and their
respective officers, directors, employees, contractors and agents shall not be liable for any
damages, including without limitation direct, indirect, incidental, special, consequential, and
exemplary damages.

Without limiting the generality of the foregoing, Spark Ventures and its affiliates and their
respective officers, directors, employees, contractors and agents shall not be liable for any
damages for loss of profits, goodwill, use, or data, whether based on contract, tort,
negligence, strict liability or otherwise, regardless of cause, even if Spark Ventures has
been advised of the possibility of such damages, arising out of or relating to (i) the use of,
inability to use or delay in any part of the Spark Ventures Site or Content, including without
limitation any errors and omissions and any untimeliness in the Spark Ventures Site; (ii)
the cost of procurement of substitute goods and services; (iii) any goods or services
purchased or obtained through or from the Spark Ventures Site; (iv) messages or content
received or transactions entered into through or from the Spark Ventures Site, including
without limitation computer viruses; (v) unauthorized access to or alteration of your
transmissions or data; or (vi) interruption, suspension or termination of the Spark Ventures
Site, regardless of whether such interruption, suspension or termination was justified,
negligent or intentional, inadvertent or advertent.

If you are dissatisfied with any portion of the Spark Ventures Site, your sole and exclusive
remedy is to discontinue using the Spark Ventures Site.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential damages, so some of the above limitations may not apply to you.
Indemnification. You agree to indemnify, defend and hold Spark Ventures , its affiliates
and their respective officers, directors, employees, contractors and agents harmless from
any claim, demand, liability, loss, damage, costs and expenses, including, without limitation,
reasonable attorneys' fees, arising out of or relating to your use of the Spark Ventures
Site, including, without limitation arising out of or relating to any your violation of these
Access Terms of Service or any other agreement with Spark Ventures relating to your use
of the Spark Ventures Site, or your violation of any rights of a third party.
Privacy. Personally identifiable information submitted by you through the Spark
Ventures Site is subject to Spark Ventures' Privacy Policy which is available at
https://www.sparkdispensary.com/privacy
General Provisions. The Terms of Service and the relationship between you and Spark
Ventures shall be governed by the laws of the State of Virginia without regard to its conflict
of law provisions. Any and all disputes arising from or in connection with the Spark Ventures
Site shall be subject to binding arbitration conducted by a single arbitrator in Richmond,
Virginia pursuant to the Commercial Arbitration Rules of the American Arbitration
Association, as now or hereafter amended; provided, however, that Spark Ventures shall
be entitled to seek injunctive and other equitable relief in any forum of competent jurisdiction
to enforce these Access Terms of Service or its rights in the Spark Ventures Site and its
Content without first seeking or obtaining any decision in arbitration. No failure or delay of
Spark Ventures to exercise or enforce any right or remedy under these Access Terms of
Service shall constitute a waiver thereof. If any provision of these Access Terms of Service
is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of these Access Terms of Service remain in full force
and effect.