Last Updated: February 26, 2024

Important: These Terms require you and JOINTLY to resolve any disputes through binding, individual arbitration instead of a government court. This means you waive your right to have the dispute decided by a court or jury. You may opt-out of arbitration within 30 days of accepting these Terms under Section 11(k). See Dispute Resolution to learn more.

These Terms of Service (“Terms”) form a legally binding agreement made between you (“you”) and Jointly Better Inc. and its affiliates (collectively, “Jointly” or “we” or “us” or “our”), governing your access to and use of Jointly’ s services. Jointly’s services include all websites that link to these Terms, including the websites located at www.jointlybetter.com and  www.jointlymarket.com, our mobile application (“App”), our artificial intelligence model (“Spark”) and the content, information, functionality, products or services they make available (collectively, the “Services”).

We care deeply about the privacy of our users and take our duty to protect information about our users seriously. These Terms incorporate our Privacy Policy, as well as any other policies, guidelines or rules we may make available through the Services, and any supplemental terms you may agree to in connection with particular Services.

By using the Services, you agree to be bound by these Terms. Please read them carefully. You may contact us with questions.

Updating these Terms: Because the Services change often, we may update, change or replace any part of these Terms in our sole discretion by posting updates and/or changes to the Services. We will try to notify you if we make significant changes, but it is your responsibility to check this page periodically for changes. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Services after the Last Updated date constitutes acceptance of the current Terms.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SERVICES. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT JOINTLY MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES.

1. Eligibility

To use the Services, you must comply with these requirements and restrictions:

• 21+ only: You represent that you are at least 21 years old or, only if you are a valid medical cannabis patient, at least 18 years old (“Legal Minimum Age”). You also represent that your use of the Services does not violate any applicable law or regulation, except, as discussed below, federal laws related to cannabis. Any use of the Services by persons under the Legal Minimum Age is strictly prohibited.
• Business use: If you are using the Services on behalf of a business, you represent that you have all legal authority necessary to bind the business to these Terms, and ‘you’ refers to you and the business collectively. These Terms apply to all users of the Services, including users who are browsers, vendors, customers, merchants, and/or contributors of content.
• Legal acknowledgement: You confirm you have read the Cannabis Acknowledgement and No Health Advice sections below. You represent that you will only use Cannabis Information

2. Cannabis Acknowledgment

You acknowledge that the Services are intended solely for residents of states and localities with laws authorizing and/or regulating the medical or recreational use of cannabis, and only to the extent permitted by such laws. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK. USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THE SERVICES.

You assume all risk of damage or loss incurred as a result of your consumption of hemp products, cannabis, or cannabis products. Although the Services, including through your use of Spark, may provide information regarding cannabis, cannabinoids and cannabinoid-containing hemp and cannabis products, including potency, pharmacologically active ingredients, source of cultivation, recommended uses and benefits, as well as information we collect about a user’s experiences and preferences (collectively, “Cannabis Information”), such Cannabis Information should in no way be construed as medical advice nor is it intended to cover all possible uses, directions, precautions, or adverse effects. You are responsible for all decisions made and actions taken or not taken based on the Cannabis Information. All Cannabis Information is provided for informational and educational purposes only and is not intended to be a substitute for medical advice or for the purpose of diagnosis, treatment, cure, mitigation, or prevention of any disease. Any statements made about cannabis or cannabinoids have not been evaluated by the U.S. Food and Drug Administration. Statements made on third-party product labeling and advertising, including linked websites and product images, do not represent the positions, opinions, or statements of Jointly. You and any other user of any product on the Services are solely responsible for the use of such product and the consequences of such use. Any illegal use or resale of any products listed on the Services could subject you to fines, penalties and/or imprisonment under state and federal law.

The foregoing disclaimers and limitations on liability supplement, and do not limit, other disclaimers and limitations on liability, whether in section 9 or elsewhere in these Terms.

3. No Health Advice

The Services do not provide medical or health advice and are not intended for the diagnosis, treatment or evaluation of medical or health conditions.

Always consult your primary care physician or other qualified healthcare provider prior to using a hemp product, cannabis, or a cannabis product for treatment of a medical condition. Never disregard professional medical advice or fail to seek it following receipt of Cannabis Information from the Services or a licensee where your use of cannabis is to treat a medical condition. We cannot guarantee the accuracy of any Cannabis Information and you should not rely on such Cannabis Information. If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider. Never disregard advice from a medical professional based on something you read on the Services.

Keep all hemp, cannabis, and cannabis products out of reach of children and animals. Use of cannabis or hemp while pregnant or breastfeeding may be harmful. Intoxicating effects of cannabis and cannabis products may be delayed up to two (2) hours. Consumption of cannabis and cannabis products impairs your ability to drive and operate machinery. Do not operate vehicles or machinery while under the influence of cannabis.

4. Accounts

Certain features of the Services require a user account (“User Account”). To register, you must provide your age, your e-mail address, and a username and password. You will then be given the option to create a profile, in response to which, you may, but are not required to, provide your gender, date of birth, height, weight, and a profile picture (“Customer Data”). You must provide complete and accurate information, and you have an ongoing obligation to update this information if and when it changes. Failure to timely update the foregoing information may affect: (i) our ability to provide you with the Services you request; and (ii) your ability to access to the Services. Our Privacy Policy  https://jointlybetter.com/privacy-policy, which is incorporated into these Terms by reference, describes our collection and use of your personal information. An age verification check will occur when entering the Services and during the registration process in order to confirm that you are of Legal Minimum Age.

You are solely responsible for maintaining the confidentiality of your password. You agree that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You may not use the User Account, username, or password of someone else at any time. You are also solely responsible for activity through User Account. Notify us immediately of any unauthorized use of your User Account, username, or password.

You may not create more than one User Account. By registering and obtaining a User Account you affirm you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically.

We shall not be liable for any loss that you incur as a result of someone else’s using your User Account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your User Account, username, or password.

We reserve the right to terminate your User Account or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

5. Outside Links, Materials and Terms.

The Services may link, embed, integrate or connect to third party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.

• For example, by accessing or downloading our App from the Apple App Store, you are agreeing to Apple’s Licensed Application End User License Agreement (“Apple Terms”).
• Similarly, other Outside Terms apply to other app stores.

These Terms do not apply to Outside Materials. We are also not a party to Outside Terms. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the content, performance and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse or otherwise guarantee the Outside Materials’ content or services or their integration, interoperation or support with the Services.

If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third-party provider directly, your state Attorney General or the Federal Trade Commission at www.ftc.gov.

6. Orders for Products

If you buy products through our Shopify storefront, you agree to pay the merchant when you order. Payment, shipping and delivery are fulfilled by our third-party partners.

1. Products. In addition to recommending nearby retailers, the Services facilitate to purchase physical goods and merchandise online, including cannabis and cannabis products (all goods and merchandise offered for sale online, “Products”). Products may have limited quantities and are subject to refund, return or exchange only as described in your order confirmation. Unless otherwise noted, all currency references are in U.S. Dollars. While we try to maintain the accuracy of the Services, we are not responsible or liable if any Product description or other information is not accurate, complete, reliable, current, or error-free. In particular:
1. Products may occasionally be mispriced, described inaccurately or unavailable, for example, due to delay or disconnection with our inventory or pricing systems.
2. Any weights, measurements, dosages, and similar descriptions are provided by the manufacturer of the Product, and may not be reflected by the particular Product(s) you receive.
3. No electronic image can accurately represent a physical Product’s real-life color or texture. Your display’s technology, your device settings and your surroundings all affect how you perceive electronic depictions of our Products.


2. Availability; Pricing; Limits. We reserve the right, but are not obligated, to:
   1. reprice or discontinue any Product for any reason at any time
   2. limit quantities of products available per order, household or user, or cancel orders in excess of those quantities;
   3. refuse or cancel any order for any reason, for example, orders that appear to be placed by dealers, resellers or distributors.
   We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will email the address provided with the order.


3. Payments. When you purchase Products, you (i) agree to pay the price for such Products, any shipping and handling charges and all applicable taxes, as set forth in the final page of the ordering process (the “Full Purchase Amount”).
   1. Payments to Jointly. All payments and payment information provided to Jointly is processed by our third-party payment processor (any, “Payment Processor”). As of theLast Updateddate, payments for Products are processed by Bankful. You agree that the Payment Processor may charge all amounts due and owing in connection with your purchases to the payment mechanism selected by you and accepted by the Payment Processor (“Payment Method”) at the time of your purchase. You acknowledge and agree that all information you provide to purchase Products, such as your Payment Method or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the Payment Method you provide to the Payment Processor.
   2. Payments to third-party merchants. For Products sold by third-party merchants, including all cannabis Products, the third-party merchant will determine the payment method and, if applicable, payment processor for your order, which may include payment card or cash, and may occur at order time or at delivery.


4. Future orders. The Services may allow you to purchase Products and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of shipment or provision of the applicable Product.


5. Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Products. If a Product itself is not as described on the Services, your sole remedy is to return it (for physical products, in unused condition) as described in our [Refunds and Exchanges page]. We reserve the right to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes will be effective immediately upon posting a new Product price to the Services or upon making the customer aware of the pricing error.


6. Order Acceptance; Shipment; Delivery. Once the Services receive your order for a Product, you will receive an order confirmation. Your order confirmation confirms that the Services received your order, but does not signify acceptance. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, our Payment Processor will refund the billed amount.
   If you choose to have Products delivered, your delivery will be handled by a third-party delivery provider. The providers vary based on your location. You will receive delivery confirmation messages with more information. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. Title and risk of loss for any purchases of physical products pass to you when the deliver provider takes possession of the products. We reserve the right to ship partial orders (at no additional cost to you).


7. Promotional Codes. We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future Products or other features related to the Services, subject to any additional terms that we establish. You agree that Promos: (i) must be used in a lawful manner; (ii) must be used by the intended audience or individual; (iii) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason; (v) may only be used pursuant to the specific terms that we establish; (vi) are not valid for cash or other credits or points; (vii) may expire prior to your use; (vii) are not valid on previous purchases. Promos may exclude certain Products (like bundled items and Gift Cards) and may not apply to sale or markdown Products. Full-price products only.


8. Gift Cards. Tangible or digital gift cards containing stored money value may be offered by us for certain purchases on the Services (“Gift Cards”). You acknowledge that we are not responsible for any unauthorized use, alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner.
   1. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code.
   2. By purchasing a Gift Card, you represent and warrant to us that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers.
   3. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and we will not assess a service fee or dormancy fee with respect to a Gift Card.

7. Content

1. Jointly Content

The Services and their content (“Content”), including without limitation all trademarks and all logos contained therein, are owned by or licensed by us and are subject to copyright and other intellectual property rights under applicable laws. Content includes all source code, databases, functionality, software, mobile applications, website designs, audio, video, text, photographs, and graphics, and all other intellectual property exhibited or made available on or through the Services. All graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of ours or our partners. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Content is provided to you ‘as is,’ for your information and personal use only. Content may not be used, copied, reproduced, distributed, sold, licensed or otherwise exploited for any other purposes whatsoever. Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use in accordance with these Terms. We reserve all rights not expressly granted to you in and to the Services and Content.

We are not responsible if Content is not accurate, complete, or current. We may modify Content at any time, but we have no obligation to update any information on our Site.

2. Your Content

You grant us a license to use any content you choose to submit, upload or transmit in connection with the Services. By reviewing, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content, including content in your User Account (“User Content”) in connection with the Services, you are granting us, our affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Services, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content; and you agree that we may publish or otherwise disclose your User Content in our sole and absolute discretion. However, our use of your User Content remains subject to the limitations described in our Privacy Policy https://jointlybetter.com/privacy-policy

You will not be compensated for any User Content. By submitting User Content through the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You agree that your User Content will not contain libelous or otherwise unlawful, abusive, obscene, deceptive, or otherwise objectionable material or involve any commercial activity or promotion. Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you provide and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights or these Terms.

User Content includes Product Usage Data (as defined in the Privacy Policy), such as any ratings or reviews you post through the Services. By creating a User Account, you agree not to post ratings or reviews on the Services that are not based upon your own personal experience or that serve any purpose other than providing you or other users of the Services with an accurate account of your personal experience with such product or products. Ratings or reviews not based on personal knowledge may not be posted on the Services. If you own, are employed by, or otherwise have a financial interest in an entity that produces, distributes, or sells products presented on the Services, you may not post reviews or ratings about such products or products produced, distributed, or sold by competitors.

8. Prohibited Use

In addition to other prohibitions described in these Terms, you are prohibited from using the Services or its Content: (a) for any unlawful purpose or in violation of our User Content Guidelines; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) to otherwise attempt to interfere with the proper working of the Services. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

9. Disclaimer Of Warranties; Limitation Of Liability

Disclaimer: YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. JOINTLY, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

JOINTLY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH JOINTLY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING THE CANNABIS INFORMATION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You are solely responsible for, and assume all risks related to:

• proper and safe handling, storage, use and consumption of all products sold or distributed through the Services.
• any allergies you may have and verifying products and their contents before handling, preparing, using or consuming such products.
• reading and understanding all warning labels that accompany any products.

Excluded liabilities: NEITHER JOINTLY, ITS AFFILIATED OR RELATED ENTITIES, ITS VENDORS NOR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT LOSS, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SERVICES. Jointly is not liable for any defamatory, offensive or illegal content or conduct of any user.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Cap on damages: Notwithstanding anything to the contrary contained herein, Jointly and its affiliates’ aggregate liability to you, for any cause whatsoever and regardless of the form of the action, will be limited to the greater of (a) the amount paid, if any, by you to Jointly for Products and Services during the six (6) month period prior to the date the claim arose, and (b) one hundred ($100) dollars.

10. Indemnification

You agree to indemnify, defend and hold harmless Jointly, its affiliates, partners, shareholders, members, officers, directors, employees, interns, agents, distributors, and vendors from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorneys’ fees and expenses, resulting from or relating to:

• Your breach of these terms of service or the documents it incorporates by reference,
• Your violation of any law or any third party rights,
• Your user content,
• Your use of the services, products or content, or any information obtained through the services.

Notwithstanding the foregoing, Jointly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Jointly, and you agree to cooperate, at your expense, with Jointly’s defense of such claims. Jointly will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

11. Dispute Resolution

In the event of a dispute, you and Jointly agree to try to resolve it informally first. If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court. You may opt-out of arbitration within 30 days of agreeing to this Agreement, as described below.

You agree to resolve disputes with Jointly through binding arbitration, except as described in this Section 11 (“Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Non-business users may opt-out of arbitration under Section 11(k).

1. Covered Disputes. You and Jointly agree that any dispute or claim between you and Jointly arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Jointly. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.


2. Exceptions to Arbitration. this Arbitration Clause does not require arbitration of the following types of claims brought by either you or Jointly:
   1. small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
   2. claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.


3. Informal Dispute Resolution First. Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to dispute@jointlybetter.com so that we can work together to resolve the Dispute. This Section 11(c) is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
   1. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
   2. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
   3. Likewise, if Jointly has a Dispute with you, Jointly will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.
   4. If the Dispute is not resolved within sixty (60) calendar days of when either you or Jointly submitted a Pre-Arbitration Demand, an arbitration can be brought.
   5. This Section 11(c) does not apply to claims brought under the exception to arbitration in Section 11(b).


4. Arbitration Procedure. If, after completing the informal process in Section 11(c), either you or Jointly wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Jointly address in Section 11(c). Jointly will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Jointly agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
   1. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Arbitration Clause will govern to the extent it conflicts with the NAM rules.
   2. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.
   3. Arbitration hearings will take place through videoconferencing, unless you and Jointly agree upon another location in writing. A single arbitrator will be appointed.
   4. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced in any court with jurisdiction over the dispute. The arbitrator’s decisions will not have any preclusive effect in another arbitration or proceeding that involves a different party. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, such as whether this Arbitration Clause is unconscionable or enforceable, as well as resolve any defense to arbitration, such as waiver, delay, laches, or estoppel. However, a court has exclusive authority to rule on the Class Action Waiver in Section 11(f), including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.
   5. If a request to proceed in small claims court (see Section 11(c)(i)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.


5. Jury Trial Waiver. Under this Arbitration Clause, you and Jointly agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Jointly instead elect that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified in Section 11(b) above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.


6. Class Action Waiver. You and Jointly agree that, except as specified in Section 11(g) below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
   1. The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
   2. Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
   3. Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Section 11(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Jointly agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section 12(b).


7. Batch Proceedings. To increase the efficiency of administration and resolution of arbitrations, you and Jointly agree that if 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), presented by or with the assistance or coordination of the same law firm(s) or organization(s), are filed within a one hundred and eighty (180) day period (“Mass Filing”), the parties agree:
   1. to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;
   2. to designate one arbitrator for each batch;
   3. to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
   4. that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;
   5. that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Jointly and the claimants, will only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and
   6. that the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.
   7. Any statutes of limitation, including the requirement to file within eighteen (18) months in Section 11(j) below, will remain tolled while any arbitration demands are held in abeyance. While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
   1. If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
   8. All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section 11(c).
      1. To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Jointly will pay the Administrative Arbitrator’s costs.
   9. The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
   10. This Batch Proceedings provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Jointly otherwise consents in writing, Jointly does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 11(g).


8. Settlement At least ten (10) calendar days before the date set for the arbitration hearing, you or Jointly may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted before the earlier of the arbitration hearing or thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.
   
   The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.


9. Arbitration Costs. Except as provided for in a Mass Filing under Section 11(g), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.
10. 18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Section 11(b)(ii)) must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section 11(c) above.
11. Opt-Out. You may opt out of arbitration and this Arbitration Clause by sending an email toopt-out@jointlybetter.com  within thirty (30) calendar days of creating your User Account. Your opt-out notice must be sent from the email address associated with your User Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Jointly account, and a clear statement that you decline this Arbitration Clause arbitration process. Opting out of this Arbitration Clause has no effect on any other arbitration agreements that you may enter into in the future with us.
12. Severability. Except as provided in Section 11(f) above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

12. Miscellaneous

1. Other Terms

These Terms and any policies or operating rules provided by us through Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

2. Governing Law

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the State of California, in each case located in the City and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

3. Electronic Communications, Transactions, and Signatures

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. These Terms and your User Account may not be assigned by you without our express written consent. Jointly may assign any or all of its rights and obligations to others at any time. Jointly shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Jointly’s reasonable control. There is no joint venture, partnership, employment or agency relationship created between you and Jointly as a result of these Terms or use of the Services. Upon Jointly’s request, you will furnish Jointly any documentation, substantiation or releases necessary to verify your compliance with these Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

4. Notice to California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

5. Changes to the Services

We reserve the right at any time to modify or discontinue the Services (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Services. Jointly does not have any obligation under these Terms, excepted as otherwise expressly stated, to provide you with any support or maintenance in connection with the Services.

6. Errors, Inaccuracies and Omissions

Occasionally the Services may include typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update any information in the Services or on any related website if it is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Services or on any related website, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.

7. Contact Information

If you have any questions regarding these Terms or the Privacy Policy, please contact:

Jointly c/o Privacy Officer

Address: 849 S Broadway Ste 609, Los Angeles, CA 90015

Phone: 310-579-9342

hello@jointlybetter.com

Last updated:February 27, 2024

This privacy policy (this “Policy”) describes how Jointly Better Inc., Jointly Market Inc., and their respective subsidiaries and affiliates (“Jointly”, “us”, “we” or “our”) collects, stores, and uses personal information of individuals who use Jointly’s Services (as defined in our Terms of Service). This Policy supplements our Terms of Service  (our “Terms”), the agreement between you and us governing your use of the Services

Please read this Policy carefully before using our Services. By using the Services, you agree to our collection, storage, use and disclosure of your information, as described in this Policy and the Terms.

• You may contact us at any time to change or withdraw your consent, subject to legal or contractual restrictions. Please also review the Your Rights and Marketing Communications sections for specific rights and opt-out mechanisms.
• Please note that withdrawing or changing your consent to certain uses of your personal information may affect: (i) our ability to provide you with the Services you request; and (ii) your ability to access to the Services.

Changes to This Policy

This Policy is effective as of the Last Updated date above. Jointly reserves the right in its sole discretion to amend this Policy at any time, and you should regularly check this Policy for any amendments.

If we make changes to this Policy, we will post the updated Policy on the Services and update the Last Updated date above. If we make material changes, we will also attempt to notify you by providing prominent notice on the Services and emailing the address in your User Account (if any) with a link to the updated Policy.

Contact Us

If you have any questions or requests relating to this Policy, please contact:

    Jointly c/o Privacy Officer

    849 S Broadway Ste 609 

    Los Angeles, CA 90015

    Phone: 310-579-9342

    Email: hello@jointlybetter.com

1. What Information is Collected?

Information You Give Us.

When you use the Services, such as by creating a User Account, browsing our websites, or purchasing legal cannabis or other merchandise, we collect information you provide to us directly, which may fall into these categories:

User Content: Any reviews, posts, images, natural language queries, data, information or any other content that you submit, upload or transmit through your communications with us or use with the Services, including personal information you may have included (collectively, “User Content”), is collected and stored as part of the Services. We use the User Content to provide you with the Services. For example, the Services leverage User Content to deliver responsive search results and Product recommendations.

User Account information: To register a User Account, you will need to provide:

• Age;
• Email address; and
• Username and password.

Upon verification, you may provide more information through your User Account, such as:

• Gender;
• Date of birth;
• Physical characteristics, such as height and weight;
• Profile picture;
• Location information;
• Medical cannabis license; and
• Product Usage Data.

Product Usage Data: You may choose to give us information about your experiences and preferences about cannabis and cannabis products (“Product Usage Data”). We do not collect any Product Usage Data without your explicit consent.

• Note: As stated in the Terms, all cannabis-related aspects of the Services may only be used if the laws where you live authorize and/or regulate the medical or recreational use of cannabis, and only to the extent you comply with those laws. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act. Therefore, the possession, cultivation, and distribution of cannabis, and conspiring with or assisting others to do the same, violates federal law and can result in significant criminal and civil penalties.  Additionally, medical use is not recognized as a valid defense under federal laws regulating cannabis, and interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK.
• You may optionally share Product Usage Data regarding cannabis and hemp-derived products, such as which products you used, how effective those products were, how hydrated you were when using a product, how much you slept the night before using a product, how long since your last use of that or a similar product, the setting in which you used a product, whether you consumed any alcohol or other drugs at the same time as you were using a product.
• We use Product Usage Data to help improve our Services and to create aggregate deidentified data, as described in more detail below. You are not required to provide Product Usage Data.

Social Media: When you interact with our Services through social media, such as when you “like” or follow us or share our content on Facebook, Instagram or other social networks, we receive information about your social-network account that you permit the social network to share with third parties. Your privacy settings with the social network determine the content we may receive. This information may include your profile information, profile picture, gender, username, user ID, age range, language, country, and any other information you permit the social network to share with third parties. We use this information to operate, maintain, and provide you with the Services, as well as to communicate directly with you, such as to send you email messages about products and services that may be of interest to you.

Payment Information: All payment information processed in connection with Products sold by Jointly are maintained by our Payment Processor (as defined in the Terms). Payment options and methods may vary among the third-party merchants of Products sold by third parties, such as all cannabis products. See our Terms for more context, and contact the third-party merchant with any questions about processing of payment information for third-party orders.

Updating Your Personal Information: It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please update it in your User Account. In some circumstances we may not allow you to change your personal information, such as when we cannot verify your request, when we need the information to complete a transaction, for security reasons, to comply with legal obligations. In such cases, we will instead append an alternative text to the record in question.

Information Collected Automatically

We may automatically log information about you and your computer or mobile device when you access and use the Services. For example, we may log your operating system type, browser type, IP address, geolocation information, referring website from which you accessed the Services, pages you view on the Services, how long you remain on a page, browsing history, records of products purchase or consider, access times and information about your use of and actions on the Services. We collect device information about the device you use with the Mobile App. We may collect analytics data using third-party tools to measure traffic and usage trends and learn about the demographics of our users.

Business Partners: We may receive information about you from our business partners, typically the companies that offer their products or services on our Services. We may use this information to conduct marketing activities.

Cookies: We also collect information through the use of “cookies” and similar technologies. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. They are also used to help us understand your preferences based on previous or current site activity.

We may use cookies to:

• Understand and save users’ preferences for future visits; and
• Compile aggregate data about Services traffic and interactions in order to offer better experiences and tools in the future.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can do this through your browser settings. If you turn cookies off, some of the features that make the Services more efficient may not function properly or otherwise be available to you.

2. How Do We Use Your Information?

We use the personal information we collect for these purposes:

• Provide the Services to you
• Deliver our Services to you;
• Link or combine user information with other personal information;
• Provide you with responsive search results and recommendations based on natural language queries or prompts that you provide to us. If those queries or prompts include personal information, that personal information will be used to provide you with applicable search results and recommendations;
• Improve the Services for everyone
• Develop and improve our generative artificial intelligence model, “Spark”;
• Improve the functionality and overall user experience of the Services;
• Better cater and market to our users, as well as learn about preferences, shopping histories, and product interest;
• Communicate with you
• Respond to customer service requests, comments and questions;
• Send periodic emails, notifications, and text messages regarding our Services;
• Communicate with you for marketing and promotional purposes;
• Follow up with you after correspondence (live chat, email, or phone inquiries);
• For security and technical reasons
• Automatically update the Mobile App on your device;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Troubleshoot technical difficulties and errors;
• As permitted or required by applicable law or regulatory requirements; and
• Wth your consent
• For any additional purposes for which we have obtained your consent to the use or disclosure of your personal information.

3. Who Do We Disclose Your Information to?

Except as described in this Policy, we do not disclose your personal information to anyone outside Jointly. We never sell or rent any personal information, except in the form of aggregate deidentified data, as described below.

Disclosures. We disclose your personal information outside of Jointly only as follows:

• To service providers & business partners. We disclose your personal information:
• with the licensed cannabis dispensary or third-party vendor fulfilling your product orders.
• to inform our business partners of product preferences.
• with vendors, contractors and agents who perform services on our behalf (“service providers”). These service providers are prohibited from using your information except as needed to perform our work or as required by law. For example, we may share your personal information from time to time with third-party information technology, data processing, and call center service providers so that we may operate our business.
• For targeted advertising. Like most online merchants, the Services include technologies that share information about your visits to our Services with third parties to help us advertise to you on and off of the Services.
• In connection with a corporate transaction. We may disclose personal information in connection with the sale or transfer of all or a part of our business or assets. For example, a merger, financing, acquisition or bankruptcy proceeding.
• For legal and safety purposes. We may disclose information to comply with laws or as permitted by laws, including to respond to lawful requests and legal processes. We may also disclose information as we deem appropriate in an emergency situation. This includes protecting the safety of our personnel, our customers, or any other person.
• Consensual disclosures. We may disclose personal information for any other specific purpose you consent to when you provide the personal information.

Aggregate deidentified data. We may also sell, rent or trade in aggregate deidentified data with others. For example, if you use our Mobile App with a User Account, we may sell, rent or share certain data that we deidentify and aggregate using personal information from multiple users. Aggregate deidentified data cannot identify you or anyone else. It will never include your name, phone number, email address, or mailing address.

4. Security, Protection & Retention

Security. We take the security of your personal information seriously and use reasonable electronic, personnel and physical measures to protect it from loss, theft, alteration or misuse. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will view your information. We are not responsible for circumvention of any privacy settings or security measures by you or any third party.

Whenever we collect personal information or Product Usage Data, that information is encrypted and transmitted in a secure manner. We are dedicated to protecting all personal information to the greatest extent possible. However, if you create a User Account, you are responsible for maintaining the confidentiality of your personal information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your User Account. If you learn of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody, you should notify us immediately.

Retention. We retain your information only as long as we need it for the purposes described under How do we use your information?, except when longer retention is required by our compliance policies and efforts toward applicable legal, tax, accounting and regulatory requirements.

How long we need information for those purposes varies by category, and even within categories. These retention determinations always consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from its unauthorized use or disclosure, whether we can achieve those purposes without using the personal information.

Please note that we may continue to retain and use the information even after a privacy rights request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud and enforce our agreements.

5. Marketing Communications

Push notifications. When you download our Mobile App on your mobile device, you may agree and consent to receive push notifications from us on your mobile device. Push notifications are messages that the Mobile App sends to you on your mobile device (even when the Mobile App may not be open). You can turn off push notifications by going to your mobile device’s settings menu and disabling the notifications.

Text messages. You may opt-in to receive order updates and/or recurring promotional marketing messages from us via text message (SMS). Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by Jointly. You will have the option to opt out of receiving text messages from Jointly by replying “stop” to any text message sent by Jointly. After requesting to opt out, you may receive text messages from Jointly for a brief time while your request is processed.

Email. By providing us with your email address, you agree that we may send you emails concerning our Services, as well information related to third parties. Each email contains instructions to unsubscribe.

6. Minimum age

Our Services are intended for individuals who are of legal age for the Services under applicable law. To access or use our Services, you must be at least 21 years old, or possess a valid medical cannabis credentials and be at least 18 years old (“Legal Minimum Age”). If we learn or have reason to suspect that a user is under the Legal Minimum Age, we will promptly deactivate the user’s account (“User Account”) and delete any personal information collected from the user. If you believe we maintain information about a person under the Legal Minimum Age, please contact us.

7. Your Rights

Legal rights. Depending on where you live, you may be able to exercise these rights with respect to the personal information we maintain about you:

• Update or correct any personal information that is inaccurate or incomplete;
• Request a copy of your personal information;
• Request the categories of sources from which your personal information is collected;
• Request the categories of your personal information sold or “shared” to third parties, and the categories of those third parties;
• Request that we delete your personal information; and
• Object to the processing of your personal information by certain automated processes and for direct marketing purposes.

Your California Privacy Rights

If you reside in California, you have the right to request the above information relating to your personal information no more than twice in any 12-month period, free of charge, subject to certain exceptions and other limitations. In addition, California residents may opt out of the sharing of your personal information with third parties. Your additional right not to receive discriminatory treatment for the exercise of your privacy rights doesn’t need to be exercised, as we don’t discriminate against anyone for exercising privacy rights.

In addition to the consensual and legal purposes identified under How do we use your information? above, our purposes in processing your personal information include what California law calls “business purposes” (processing for our operational reasons, in a reasonably necessary and proportionate manner) and “commercial purposes” (processing that advances your economic interests or our economic interests, such as “sharing” for targeted advertising and using your payment info to process your orders for Products). Finally, we do not disclose personal information to third parties for direct marketing purposes.

To exercise a California privacy right, please contact us, specifying ‘California privacy request’ in the subject line of your email or letter and including your name, street address, city, state, and ZIP code.

• Before processing your request, we will need to verify your identity and confirm you are a California resident. Please note that we are not required to respond to requests made by means other than through the provided email, telephone number, or mail address.
• You have the right to designate an authorized agent to make a request on your behalf. To do so, we require a power of attorney valid under the laws of California from you or your authorized agent or sufficient evidence to demonstrate that you provided the authorized agent signed permission to act on your behalf and verified your identity pursuant to these instructions.
• We will respond to your request in accordance with the timelines established by California law.

Your European Privacy Rights

If you reside in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the Services. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.

To exercise any of these rights, contact us  and specify the right you wish to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.

Accessibility

Individuals who need assistance accessing this Policy in an alternative format should contact us.

Last Updated: February 26, 2024

The following user content guidelines (“User Content Guidelines”) constitute an agreement made between you (whether personally or on behalf of an entity) (“you” or “your”) and Jointly Better, LLC (“Jointly,” “we,” “us” or “our”), governing your access to and use of the www.jointlybetter.com website, as well as any other media form, media channel, App (as such term is defined in the Terms) or mobile website related or connected thereto (collectively, the “Site”), particularly as it relates to the User Content (as such term is defined in the Terms) you post to the Site.

By visiting our Site, you engaged in our Services (as such term is defined in the Terms) and agreed to be bound by our Terms, which incorporates these User Content Guidelines by reference. These User Content Guidelines are intended to provide guidance in connection with the User Content you post to the Site, including, but not limited to, any Product Usage Data (as such term is defined in the Privacy Policy). In short, and as is discussed in greater detail below, we expect and request that you use your best judgment to ensure all User Content you provide to us is personal, honest and accurate, courteous, and relevant.

Personal

Please only include descriptions of experiences in User Content that are your own. We want to hear about your individual experiences and use that information to improve the Site for you and others. Posting secondhand accounts and broad generalizations about the experiences of others will detract from the overall quality and reliability of User Content on the Site.

Honest & Accurate

Please make sure any User Content you provide is truthful, unbiased, factually correct, and not an exaggeration or misrepresentation of your experience. For example, you should not input ratings of your own product, your friends’ or relatives’ product. The more details you can provide about you and your experience, the more helpful and useful the User Content will be.

Courteous

Please be polite when posting User Content. We understand that not all User Content will be positive, and that constructive criticism can be useful, however, please avoid using offensive or aggressive language in connection with our Site. As stated in the Terms, we may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property.

Relevant

Please try to keep User Content concise and limited to discussion of the matter at hand. Tangents or general thoughts and opinions about matters unrelated to the primary subject of the User Content are often unhelpful, and sometimes even inappropriate.