Terms of Service/Legal Notice

Great Barrington Retail, Inc. (“Great Barrington,” “us,” “we,” or “our”) owns and operates the greatbarringtondispensar.com websites and any other website where these Terms of Service are posted by Great Barrington (“Sites”) and any related services (collectively with the Sites, the “Services”). By accessing or using Great Barrington’ Services, you agree to the following Terms of Service/Legal Notice, as well as our Privacy Policy and any other terms and conditions that may appear elsewhere through the Services, all of which are hereby incorporated by reference

(collectively, the “Agreement”). Please read this Agreement carefully. This Agreement applies to anyone (“you” or “your”) who signs up for an account or profile on the Sites or otherwise uses our Services.

This Agreement only applies to the Services identified above. Other sites, apps, social media accounts, or other content that Great Barrington makes available to you may have their own terms and conditions that should be reviewed.

This Agreement is effective as of: August 11th, 2022

IMPORTANT, READ CAREFULLY: THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND GREAT BARRINGTON, GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES, AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. BY REGISTERING AN ACCOUNT FOR THE SERVICES, BY CLICKING ANY BOX OR BUTTON INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OF AGE OR OLDER AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION. THE SERVICES ARE NOT AVAILABLE TO ANYONE WHO IS NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO BE SO BOUND, YOU ARE NOT AUTHORIZED TO USE GREAT BARRINGTON’ SERVICES. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SERVICES ARE LIMITED BY APPLICABLE LAWS AND REGULATIONS.

Great Barrington may provide specialized promotions and other offerings through the Services that will have additional terms and conditions or rules. If any portion of this Agreement conflict with the special terms or rules for any such special offering, the conflicting portion of the special terms or rules will govern for that specific portion of the offering unless stated otherwise.

Great Barrington does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send us unsolicited content or ideas, you agree that we may use such content and ideas in any way we wish without any compensation to you.

In accordance with 47 U.S.C. § 230, you should be aware that there are content control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist you in limiting access to material that is harmful to individuals below a certain age. Examples of some of these protection services include Qustodio, Locategy and Mobicip. Please note that Great Barrington in no way endorses or is responsible for these services.

Purpose of the Services

The intended purpose of the Services is to provide information about Great Barrington products and offerings. Any content made available on or through the Services is provided for informational purposes only. You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Great Barrington. You may not use any content available through the Services to establish any independent data files, databases, compendiums, or any other reference materials.

THE USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.

Any and all content or products offered on or through the Services are subject to availability. Any and all use of the Services is done at your own risk. Great Barrington will try its best to make the Services useful, but Great Barrington does not warrant that any content available through the Services will be accurate or reliable, and does not guarantee that reliance on any information or content available through the Services will be entirely safe or without defect.

License

Great Barrington hereby grants you a revocable and nonexclusive right and license to use and access the Services (including any underlying software) in a manner that is consistent with the other terms in this Agreement and the Services’ intended purposes. Great Barrington reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this Agreement.

Intellectual Property Rights and Ownership

Other than the exceptions referenced in this Agreement, the major exception being user generated content which remains the property of the respective user of the Services who uploads or posts such content as set forth in the section titled “User Generated Content,” below, all content appearing through the Services including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement of content, or any other related electronic content or files (collectively “Great Barrington Content”) are the sole property of Great Barrington or its licensors, and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws.

Any use of Great Barrington Content that is not consistent with the intended purpose of the Services, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without Great Barrington’ prior written consent, is strictly prohibited, except you may print out one copy of each page on the Sites solely for personal or internal, non-commercial use. No other use is permitted without Great Barrington’ prior written consent. You may not sell, transfer, assign, license or sublicense any Great Barrington Content. The use or posting of any Great Barrington Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your right to access and/or use Great Barrington Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of Great Barrington Content. Great Barrington Content protected by this Agreement includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party Great Barrington Content. Unauthorized use of any Great Barrington Content may result in violation of copyright, trademark, and other intellectual property rights or protections available under applicable law. You acknowledge that no right, title or interest in any Great Barrington Content is transferred to you as a result of you

accessing, downloading or printing any Great Barrington Content from the Services. Any use of Great Barrington Content must display the appropriate copyright, trademark and other proprietary notices. All software used in connection with the Services is the sole property of Great Barrington or those supplying or licensing the software.

You acknowledge that you have no right, title, or interest in or to the Services or any Great Barrington Content.

GREAT BARRINGTON DISPENSARY is a trademarks owned by Great Barrington, Inc. In addition, other trademarks, product names, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Services are trademarks or trade dress of Great Barrington in the U.S. and other countries, or they may be the property of their respective owners.

There may be other content available through the Services not owned by Great Barrington, and you should respect those property rights as well.

All rights not expressly granted herein are reserved to Great Barrington.

Access Limited

The Services are intended for adults located in the United States and twenty-one (21) years of age or older. If you access the Services outside of the United States, you do so at your own risk and acknowledge that such actions do not violate your local laws and regulations. By using the Services, you agree that information about you may be transmitted to and stored in the United States. Great Barrington reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Great Barrington reserves the right to change, suspend, or discontinue all or any aspects of the Services at any time without prior notice. You are not permitted to violate any laws when using or accessing the Services.

Great Barrington does not knowingly collect individuals under twenty-one (21) years of age. If you are under 21, do not submit any information to Great Barrington. If a parent, guardian, or other concerned person becomes aware that we have collected information from a minor, please contact us promptly and we will take steps to delete and remove any such information.

If you register to set up an account or profile on or through the Services and use a username and password or other account access information (“Account”), you will be responsible for all activities occurring under your Account and for keeping your password secure. Great Barrington assumes no responsibility or liability for the violations of anyone using your Account. You shall provide Great Barrington with prompt notice if you suspect your Account access information may have been compromised. If you become aware of any violation of this Agreement in connection with any

person’s use of the Services under your Account, or of any unauthorized access to or use of your Account, you agree to immediately notify Great Barrington at management@gbdma.com of any unauthorized use of your username and password or any other breach of security you know about in relation to Great Barrington or the Services. Any Account holders may cancel their Account(s) at any time by contacting management@gbdma.com . Great Barrington may investigate any complaints and violations that come to its attention and may take any (or no) action it believes is appropriate in response to such matters including, but not limited to, issuing warnings, removing any content at issue, and/or terminating Accounts. Under no circumstances will Great Barrington be liable in any way for any data or other content transmitted or viewed by you or any other users of the Services including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

Sales and Payment Terms

You may be able to place orders for products available on the Sites or through other Services we provide. When you make a purchase, we may require certain personally identifiable information and payment method information in order to complete your purchases. We may share such information with our third-party payment service providers. You agree to make all applicable payments in connection with any order you place. By placing an order through the Services, you agree that: (1) any credit card, debit card or other payment method information supplied by you is true and complete; and (2) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Great Barrington products purchased by you are for personal or gift use and not for commercial use.

Great Barrington can withdraw products from being offered through the Services at any time and for any reason. Prices listed through the Services are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes. You agree to indemnify and hold Great Barrington harmless from and against any liabilities, interest, penalties, or fees assessed against you or Great Barrington arising from or related to your failure to pay any such taxes. All prices are subject to change at any time. Purchases made through the Services are not intended for resale.

All orders are subject to acceptance by Great Barrington. Great Barrington reserves the right not to accept your order for any reason or no reason. Great Barrington reserves the right to restrict multiple quantities of a product being shipped to any one customer or postal address.

Great Barrington or our third-party service providers will pack ordered products in accordance with standard practices. You may be able to choose the method of shipment and timing of delivery for products ordered and will be charged shipping and handling charges accordingly. You acknowledge that all scheduled shipment dates are estimates only. Great Barrington will make reasonable efforts to meet the scheduled shipment dates, but in no event will Great Barrington be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

If you register or maintain an Account for the Services, continued access to your Account may be conditioned on you maintaining a fully paid up subscription, if applicable. At Great Barrington’ discretion, access to your Account may be suspended or terminated in the event your Account becomes inactive, subscription fees are not paid on time, or for any other violation of the terms of this Agreement.

User Generated Content

Certain areas of the Services may allow you and other users to upload or post user generated

content (“UGC”) in certain locations, including, but not limited to, areas where you can provide comments and other content as feedback on Great Barrington’ Services. Any UGC you and other users of the Services transmit, post or otherwise make available on or through the Services, which includes any comments, photos, videos, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to Great Barrington on a non-proprietary and non-confidential basis. You hereby grant to Great Barrington and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (1) displaying and demonstrating the capabilities and functioning of the Services; (2) marketing and advertising Great Barrington’ Services, in any media now known or hereafter

developed; and/or (3) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other user to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.

You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations

(“Personal Information”), Great Barrington may process and disclose such information as necessary to: (1) fulfill our obligations under this Agreement; (2) comply with any applicable legal obligations;

(3) avoid any imminent harm to you or another person; (4) carry out tasks in the public interest; or

(5) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree that you will at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other individuals through the Services.

If you register to create an Account through the Sites or otherwise use the Services, any data or information which you transmit using the Services (collectively, “Account Data”) will not be used by Great Barrington except as described in this Agreement or our Privacy Policy. You agree that Great Barrington may analyze your Account Data, in combination with the data of other Account holders, to create aggregated and anonymized statistics or data that do not generally identify you and Great Barrington may use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all of your Account Data.

Great Barrington reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold Great Barrington harmless from any claims resulting from any action taken by Great Barrington during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Great Barrington or law enforcement.

You acknowledge and agree that Great Barrington may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, without limitation, to address any UGC that Great Barrington determines is inappropriate or disruptive to the Services or to any other user of the Services. Great Barrington has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.

You represent and warrant to Great Barrington that any UGC you make available on or through the Services is original to you and you own all right, title and interest, including the intellectual property rights, to such UGC, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.

The transmitting, posting, or making available of UGC on or through the Services does not indicate Great Barrington’ approval or endorsement of such UGC. Great Barrington is not responsible for, and

hereby disclaims any and all liability that may arise from the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send Great Barrington a notice requesting that the material be removed, or that access to it be blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see https://copyright.gov/ for details). Notices and counter- notices with respect to the Services should be sent via registered mail to Great Barrington’ designated agent for notice of claims of copyright infringement at

By mail:

Great Barrington, Inc.

399 BOYLSTON STREET, 6TH FLOOR BOSTON, MA 02116 USA

By email: management@gbdma.com

Under the DMCA, notices must include all of the following details:

  1. An electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;
  1. A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Great Barrington to locate the material, such as its URL;
  1. Information reasonably sufficient to permit Great Barrington to contact you as the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  1. A statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  1. A statement, made under the penalty of perjury, that the information in the notice is accurate, and that the complaining party is the copyright owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Great Barrington takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any Accounts and/or users that are connected to valid and repeat copyright infringement complaints.

If you believe that any UGC available on or through the Services violates or infringes your intellectual property  rights,  other  than  related  to  copyright,  please  send  a  detailed  email  to management@gbdma.com  detailing your allegation.  Great Barrington takes infringement of intellectual property rights seriously and will investigate the matter.

You are solely responsible for all UGC and any other data that you or anyone using your Account uploads on or through the Services. Great Barrington does not guarantee the accuracy, integrity or quality of UGC or any user’s Account Data.

Acceptable Use Policy

In connection with your access to and/or use of the Services, you agree not to:

−  Violate any federal, state, or local laws or regulations.

− Discuss, incite, or promote illegal activity.

−  Upload or post anything that imposes an unreasonable or disproportionately large strain on Great Barrington’ network or computer infrastructure.

−  Upload or post any inappropriate or offensive content or language.

−  Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services.

−  Engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or our computers, servers or networks, or to any computers or systems used by other users of the Services.

−  Use the Services in a manner that could destroy, damage, or impair any portion of the Services or any computers, systems, hardware, or software used by Great Barrington or other users of the Services.

−  Make unauthorized attempts to modify any information stored through the Services.

−  Make attempts to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes.

−  Upload or post any unsolicited or unauthorized advertising or promotional materials, spam emails, chain letters or communications, pyramid schemes, or any other form of such solicitations.

−  Provide false or misleading information through the Services.

−  Use the Services to send spam or unsolicited bulk email.

The previous list of prohibitions is not exclusive. Great Barrington reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your Account, and/or your access to all or any part of the Services without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. Great Barrington reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.

Links to Third-Party Sites

The Services may contain links to other websites, apps, social media platforms, marketplaces or other online services not controlled by or affiliated with Great Barrington. If you use these links, you will leave the Services. Great Barrington provides these links to you only as a convenience. Great Barrington is not in any way responsible for the linked sites or their content including, without limitation, any links displayed on or through such third-party services, nor does Great Barrington warrant that such third-party services or any information available through such services are current, accurate, or error-free. You access and use any linked third-party services at your own risk. The links are not meant to indicate any association with Great Barrington, and Great Barrington does not endorse any linked site or service, or any goods or services promoted or listed on such sites or through such services. If you access or use any linked third-party services, you will be subject to the

terms of use, privacy policy, and other terms or policies applicable to those third-party services. You should review the privacy policies and terms of use of such third-party services before using them.

Great Barrington also may allow interaction between our Services and other third-party services such as Facebook, Twitter, Instagram, YouTube, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins on or through the Services that when used, may allow you to share content from the Services with other persons on or through the third-party services or elsewhere. If you use any of the social media links or buttons available on or through the Services, Great Barrington is not responsible for any harm to you as a result of using one of the interaction functions provided by these social media platforms or services.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, GREAT BARRINGTON, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “DISCLAIMING PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SERVICES OR GREAT BARRINGTON CONTENT. THE DISCLAIMING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO GREAT BARRINGTON CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE DISCLAIMING PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF GREAT BARRINGTON CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITES AND ANY RELATED SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES, AND GREAT BARRINGTON CONTENT AT YOUR OWN RISK.

THE DISCLAIMING PARTIES DO NOT WARRANT THAT THE SITES AND ANY RELATED SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE DISCLAIMING PARTIES DO NOT WARRANT THAT GREAT BARRINGTON CONTENT, THE SITES, OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE DISCLAIMING PARTIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.

TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY GREAT BARRINGTON CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE DISCLAIMING PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON- INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES BE LIABLE TO ANY USER OF THE SITES, THEIR CONTENT, OR ANY RELATED SERVICES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),

OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (1) THIS AGREEMENT; (2) THE USE OR INABILITY TO USE THE SERVICES; (3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (5) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF ANY DISCLAIMING PARTY TO ANY USER OF THE SERVICES FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT THE APPLICABLE USER PAID TO THE DISCLAIMING PARTY(IES) FOR THE APPLICABLE SERVICES OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE DISCLAIMING PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH GREAT BARRINGTON, THE SITES, ANY RELATED SERVICES, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold the Disclaiming Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the Disclaiming Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services, your breach of this Agreement, the use of the Services by any person using your computer, device, or Account, as applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of this Agreement.

Geographic Limitation

The Services are intended only for users within the U.S. If you use the Services outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. By using the Services, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the U.S.

Policies, Modification, and Severability

Great Barrington reserves the right to make changes to the Services, this Agreement and Great Barrington’ Privacy Policy at any time. Each time you use the Services, you should visit and review the then current Agreement and Privacy Policy that apply to your use of the Services. By continuing to use the Services after any changes to this Agreement are made, you agree to be bound by such amended Agreement and/or Privacy Policy. If you are dissatisfied with the Services, our content, this Agreement or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using the Services. If any portion of this Agreement is deemed to be illegal or unenforceable, the remainder of the Agreement shall be unaffected and shall continue to be fully valid, binding, and enforceable to the extent permitted by law.

Applicable Law

By using the Services, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Great Barrington.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for any litigation arising out of or relating to this Agreement or Great Barrington’ Services.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Massachusetts courts.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Massachusetts court that such litigation brought therein has been brought in an inconvenient forum.

Other Provisions

Great Barrington does not represent that any content available through the Services is completely accurate, and therefore any reliance on such content is done at your own risk. ANY RELIANCE ON ANY INFORMATION, OPINIONS OR RECOMMENDATIONS OFFERED ON OR THROUGH THE SERVICES IS DONE AT YOUR OWN RISK.

Great Barrington does not guarantee or promise that any information, opinions or recommendations available through the Services are helpful or reliable.

YOU AGREE THAT GREAT BARRINGTON IS NOT LIABLE to you or anyone else for any harm that might arise as a result of using any of the products or implementing in any manner any of the information, opinions or recommendations found available through the Services.

Great Barrington is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches, or any other unauthorized access to Great Barrington’ computer or network systems that may or may not result in the disclosure of Personal Information you provided to us.

If Great Barrington terminates your access to the Services, Great Barrington also may delete your Account, if you have one. Great Barrington reserves the right to terminate any password-restricted Account for any reason.

Great Barrington’ failure to enforce any portion of this Agreement is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of this Agreement.

Great Barrington reserves the right, without notice or reason, to take down or terminate the Services, or otherwise revoke any and all access granted to you related to the Services. You agree that Great Barrington is not liable to you or any other third party for this action.

Certain software elements of the Services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.

Unless otherwise noted, this Agreement, together with our Privacy Policy and any other terms and conditions that appear elsewhere on or through the Services, constitute the entire Agreement of the parties with respect to the Sites and any related Services and supersede all prior communications,

promises and proposals, whether oral, written, or electronic, between you and Great Barrington with

respect to the Sites and any related Services.

Contact Information

You may contact Great Barrington using the following information:

By mail:

399 BOYLSTON STREET, 6TH FLOOR BOSTON, MA 02116 USA

By email: management@gbdma.com

By telephone: 413-717-4006