RIVIERA CREEK MOBILE APP END USER LICENSE AGREEMENT

This Mobile App End User License Agreement (“Agreement”) is a binding agreement between you, the user (“you”), and Riviera Creek Holdings LLC and its affiliates (“Riviera Creek”, “we”, “our”, or “us”). This Agreement governs your use of the Riviera Creek Loyalty Program mobile application (including all content therein and any related documentation, the “App”). The App is licensed, not sold, to you.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APP AS IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING MANDATORY ARBITRATION, A CLASS ACTION WAIVER, AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY DOWNLOADING, INSTALLING, AND/OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

This Agreement has the same legal effect as an agreement executed with handwritten signatures. If you do not agree, do not click or check the “I agree” or “Accept” button or box or the like, and do not use the App. You agree that your installation of the App signifies that you have read, understood, and agree to be bound by this Agreement.

Cannabis Compliance: Riviera Creek is a licensed cannabis cultivator and processor. We do not provide cannabis directly to individuals. If you want to purchase cannabis products connected with Riviera Creek, please buy only from licensed dispensaries or other authorized retailers and make sure the seller is properly licensed.

Medical Disclaimer: Nothing in the content, products or services offered by Riviera Creek should be considered, or used as a substitute for, medical advice, diagnosis, or treatment. This App does not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment. You should always talk to your health care provider for diagnosis and treatment, including your specific medical needs. Riviera Creek does not represent or warrant that any particular service or product is safe, appropriate, or effective for you. You should always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions.

License Grant: Subject to the terms of this Agreement, Riviera Creek grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with this Agreement.

License Restrictions: Except as expressly authorized by the App, you must not: (a) copy the App; (b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App or content on the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; (f) use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App; (g) use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this Agreement, without Riviera Creek’s prior written consent; (h) frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other mobile App, website, or service; (i) use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App; (j) use the App for a public or commercial purpose; (k) use the App in a manner inconsistent with this Agreement or in violation of any applicable law, rule, regulation, or order; (l) transmit, distribute, introduce or otherwise make available in any manner through the App any virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming; (m) use the App in connection with requesting, harvesting, obtaining, or storing any personal information, passwords, account information, or information about other users of the App; (n) use any data mining, robots, or similar data gathering and extraction tools in connection with the App; or (o) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

Conduct in the App:
- You may not upload to, distribute, or otherwise publish through the App, any content that is libelous, defamatory, harassing, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, fraudulent, or otherwise objectionable, or that may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate the law. Impersonation of others, including a Riviera Creek employee or representative or other members or visitors on the App is prohibited. You may not upload commercial content on the App or use the App to solicit others to join or become members of any other commercial online service or other organization. Some features of the App may require the creation of an account. By creating an account and in consideration of your use of the App, you agree to provide true, accurate, current, and complete information about yourself. You may never use another’s account. You are responsible for protecting any password associated with your account. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify Riviera Creek immediately. Riviera Creek may assume that any communications Riviera Creek receives under your password have been made by you unless Riviera Creek receives notice otherwise. You acknowledge and agree that you will not attempt to access, obtain, copy, or intercept the information of any other user of the App. You acknowledge and agree that, should you come into possession of any such information, you shall immediately delete it and shall report to Riviera Creek that you obtained such information. You agree that you will cooperate fully with Riviera Creek in any investigation of such an incident.
- You must comply with all applicable third-party terms of agreement when using the App, including without limitation, any wireless data services agreement. Without limiting the foregoing, your use of our App on, as applicable, Apple iOS or Google Android devices, may be subject to third parties’ policies, terms and conditions, requirements, and usage rules, including but not limited to those set forth in the Apple Media Services Terms and Conditions and the Google Play Terms of Service or otherwise required by Apple and Google (collectively, the “Usage Rules”), which you agree are, to the extent the foregoing are applicable, binding on you. Without limiting the foregoing, you agree to comply with Appendix 1 and Appendix 2 hereto. You shall use the App in strict compliance with all applicable laws, rules, and regulations.

Reservation of Rights: You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Riviera Creek and its service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

Content: All App content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, advertising copy, displays, products, HTML code and scripts (collectively, the “App Content”), and the collection, arrangement and assembly of the App Content, is the property of Riviera Creek and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. You are granted no right, title or interest in or to the App Content other than the limited license expressly set forth in this Agreement. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the App Content, or any portion thereof, without the express written permission of Riviera Creek.

Use of App Content: The App, including all App Content, is provided as a resource for users to learn more about Riviera Creek and its products. Subject to this Agreement, you are hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the App and the App Content for your own non-commercial purposes. All rights not expressly granted are reserved by Riviera Creek and its licensors. This limited license may be revoked at any time for any reason or no reason.

Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the App are expressly reserved by Riviera Creek and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to you under this Agreement or by virtue of your use of the App. The Marks may not be copied, imitated, or used, in whole or in part, without the prior written consent of Riviera Creek or the applicable rights holder.

Collection and Use of Your Information:
- You acknowledge that when you download, install, or use the App, Riviera Creek may use automatic means (including, for example, cookies and mobile SDKs) to collect information about you and your Mobile Device, and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or in order to use or access certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Policy [PRIVACY POLICY LINK]. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Riviera Creek will maintain your information in compliance with applicable laws, rules, and regulations and reserves the right to use your collected information as necessary for such compliance.
- You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered, for example, periodically to facilitate the provision of software Updates and other services to you (if any) related to the App. We may use this information to improve our services, or to provide services or technologies to you.

Notifications: As part of your use of the App, you may receive notifications and communications from Riviera Creek. You will have the choice whether to receive these notifications via App-related notifications, email, or as text messages. Note that if you elect to receive text message notifications, data and message rates may apply. Any and all such charges, fees, or costs arising from your receipt of such text messages are your sole responsibility.

Updates: Riviera Creek may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the App. You agree that Riviera Creek has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

Loyalty Program: We offer a loyalty program in connection with Riviera Creek products you purchase from authorized licensed dispensaries. Qualifying purchases will allow you to collect and redeem points through our App. Points have no monetary value, are not redeemable for cash or any cash equivalent, and may be used only to earn the rewards expressly stated in the App. Certain actions taken through the App, such as signing up to receive marketing communications, may help you earn additional points, subject to any terms, conditions, limitations, or eligibility requirements stated in the App. You can opt out of such marketing communications at any time, as specified in the App or in our Privacy Policy.

By enrolling in our loyalty program, you agree that:

Rewards have no cash value.
Points cannot be transferred.
Points may expire or be modified if required by law or program changes.
We may suspend or terminate accounts engaged in fraud, abuse, or misuse.
We reserve the right to modify, suspend, or discontinue the loyalty program at any time.
Gift card rewards and third-party rewards are subject to the terms of their respective providers.

User Content: The App may allow you to upload photographs, videos, or other content (“User Content”). You will be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the App and related Riviera Creek platforms. You will retain ownership of all User Content and hereby grant to Riviera Creek a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the App and related Riviera Creek platforms and for our business purposes. You also grant to the other users of the App and related Riviera Creek platforms a non-exclusive license to access the User Content via the App and related Riviera Creek platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to this Agreement. You grant Riviera Creek the right to identify you as the author of any such User Content by name, email address, or screen name, and you acknowledge that Riviera Creek has the right, but is not obligated, to use any such User Content and that Riviera Creek may cease utilizing such User Content at any time for any reason. You agree not to submit, upload, or otherwise make available via the App any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which you do not have the rights necessary to transmit and publish such content or materials, or to grant Riviera Creek the license to use such content or materials as described herein. You acknowledge that Riviera Creek has no obligation to monitor or screen User Content submitted to the App, but that Riviera Creek shall have the right (but not the obligation) to reject, remove or delete any User Content that violates this Agreement or that is otherwise objectionable.

Third-Party Content: You understand and agree that Riviera Creek does not control and is not responsible for any content made available on the App by other users. Your use of, or reliance on, any information contained in such third-party content is at your sole risk. Under no circumstances will Riviera Creek be liable for any such third-party content or for any loss or damage resulting from your use of, or reliance on, such third-party content.

Links: The App may include links to third party websites not operated by Riviera Creek. These links are provided for your convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT YOUR OWN RISK, AND RIVIERA CREEK WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.

Acceptable Use: Your permitted use of the App and App Content is limited to the standard functionality of the App. In no event may the App be used in a manner that (i) is unlawful, fraudulent or deceptive; (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third-party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by Riviera Creek to access App Content; (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; (v) attempts to gain unauthorized access our systems or user accounts; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) attempts to damage, disable or overburden our servers or networks; or (viii) fails to comply with applicable third party terms. You must comply with all applicable third-party terms (e.g., wireless carrier terms of service) at all times while using the App. Riviera Creek reserves the right, in its sole discretion, to terminate the license granted to you hereunder and/or bring legal action against you if you engage in, or Riviera Creek reasonably believes you have engaged in or are engaging in, use that violates this Agreement. Our failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.

Access: You must obtain at your own expense the equipment, means, device, and services to access the App. We do not guarantee that the App will work with all wireless service plans, at all times, or in all geographic locations. When you use the App, you may incur certain charges from your wireless carrier according to the terms and conditions of your carrier agreement, including without limitation, fees for data, wireless access, and message services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE APP THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.

Eligibility; Jurisdiction: By downloading, installing, or using the App, you represent and warrant that (i) you are at least 21 years of age or otherwise legally permitted to access cannabis-related information under applicable law and are fully competent and able to enter into this Agreement and to abide by the terms hereof; (ii) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country; and (iii) you are not included on any U.S. Government list of prohibited or restricted parties. Riviera Creek provides the App for use in the United States of America. Riviera Creek does not represent the App is available or appropriate for use in other jurisdictions. Any access to or use of the App from other jurisdictions is at your sole risk and you are responsible for complying with all applicable local laws.

Disclaimers: RIVIERA CREEK AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE APP CONTENT OR REPRESENT THAT THE APP OR THE APP CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. EXCEPT AS SET FORTH ABOVE, TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU AGREE THAT RIVIERA CREEK SHALL NOT BE RESPONSIBLE FOR ANY DELAY, FAILURE TO DELIVER, FAILURE IN PERFORMANCE OR INTERRUPTION OF SERVICE, RESULTING DIRECTLY OR INDIRECTLY: (A) FROM ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AGENCY, NATURAL DISASTERS, ACTS OF WAR, INSURRECTION OR TERRORISM, STRIKES OR LOCKOUTS, UNAUTHORIZED NETWORK OR COMPUTER INTRUSION, OR INTERNET- OR COMPUTER-RELATED VIRUSES, HACKER ATTACKS OR OTHER AGENTS INTRODUCED BY A THIRD PARTY, FAILURE OF THE INTERNET AND OTHER CONDITIONS BEYOND OUR CONTROL; (B) FROM ANY TECHNICAL REQUIREMENT FOR WHICH YOU ARE RESPONSIBLE; OR (C) FROM YOUR INTENTIONAL ACTS OR OMISSIONS.

Limitation of Liability: USE OF THE APP IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, RIVIERA CREEK AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE APP OR THE APP CONTENT; (II) INABILITY TO ACCESS OR USE THE APP OR THE APP CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE APP; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, RIVIERA CREEK VIA THE APP; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE APP. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RIVIERA CREEK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity: Upon request by Riviera Creek, you agree to indemnify, defend and hold harmless Riviera Creek and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) your use or misuse of the App; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third-party. Riviera Creek reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Riviera Creek in asserting any available defenses.

Changes to App: At any time and without notice to you, Riviera Creek may change or modify the App, or any features or functions thereof, or may suspend or discontinue the App, or stop supporting the App, or any aspect thereof. Any such termination, change, suspension, or discontinuance shall be without liability to you.

Changes to Agreement; Updates: Riviera Creek reserves the right to change this Agreement at any time, and in its sole discretion, by changing this Agreement within the App. Your continued use of the App after any such changes to this Agreement is made available through the App will constitute your acceptance of those changes. This Agreement shall govern any updates to, or supplements or replacements for, the App unless separate terms are provided in conjunction with such updates, supplements or replacements, in which case such separate terms will apply.

Governing Law: This Agreement is governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. Any legal action arising from this Agreement shall be brought in the state or federal courts located in Franklin County, Ohio, and you consent to the jurisdiction of those courts.

Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the App will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the App, and to arbitrate any part of this Agreement, including any claim that all or any part of this section or this Agreement is void or voidable. The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Columbus, Ohio under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. You and Riviera Creek will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the AAA will select the arbitrator. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and Riviera Creek and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Columbus, Ohio.

Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Legal Notice For New Jersey Residents: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of this Agreement shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Riviera Creek’s liability for any loss or damage is not applicable to New Jersey residents to the extent Riviera Creek was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached this Agreement.

Legal Notice to California Residents: Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to loyalty@rivieracreek.com. Users may also contact us by writing to 1275 Crescent Street, Youngstown, Ohio 44502. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact: Any questions, complaints, or claims regarding the App may be directed to:

Crescent Street Services
1275 Crescent Street
Youngstown, Ohio 44502

Email: loyalty@rivieracreek.com

APPENDIX 1

Supplemental Terms and Conditions

Supplemental Terms and Conditions for use of the App with Apple Products

These terms and conditions supplement and are in addition to the terms of the Agreement for users who install the App on an Apple Device. Capitalized terms used but not defined in this Appendix 1 shall have the meanings given to them in the Apple Media Services Terms and Conditions.

1. Acknowledgement: Riviera Creek and you acknowledge that the Agreement is concluded between Riviera Creek and you only, and not with Apple, and Riviera Creek, not Apple, is (solely to the extent provided in the Agreement) solely responsible for the App and the content thereof. No Riviera Creek-provided usage rules in the Agreement for the App shall apply to the extent they are in conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms (which you acknowledge you have had the opportunity to review).

2. Scope of License: The license granted to you for the App is a non-transferable license to use the App on any Apple-branded Products you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired, and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts.

3. Maintenance and Support: Riviera Creek is solely responsible for providing any maintenance and support services with respect to the App, as may be specified in the Agreement, or as required under applicable law. Riviera Creek and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

4. Warranty: Riviera Creek is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in the Agreement. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and, as between Apple and Riviera Creek, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Riviera Creek’s sole responsibility, solely to the extent expressly provided in the Agreement.

5. Product Claims: Riviera Creek and you acknowledge that Riviera Creek, not Apple, is (solely to the extent applicable in the Agreement) responsible for addressing any of your claims or any third party’s claims relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. The Agreement does not limit Riviera Creek’s liability to you beyond what is permitted by applicable law.

6. Intellectual Property Rights: Riviera Creek and you acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Riviera Creek, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim (solely to the extent expressly provided in the Agreement).

7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App, including any wireless data service agreement.

9. Third Party Beneficiary: Riviera Creek and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.

APPENDIX 2

Supplemental Terms and Conditions

Supplemental Terms and Conditions for use of the App with Google Play

These terms and conditions supplement and are in addition to the terms of the Agreement for users who install the App on a Google Device. Capitalized terms used but not defined in this Appendix 2 shall have the meanings given to them in the Google Play Developer Distribution Agreement.

1. Acknowledgement: Riviera Creek and you acknowledge that the Agreement is concluded between Riviera Creek and you only, and not with Google. Google assumes no responsibility for the App and assumes no liability for the Agreement. No Riviera Creek-provided usage rules in the Agreement for the App shall apply to the extent they are in conflict with the Google Play Developer Distribution Agreement.

2. License to Google: Riviera Creek authorizes Google on a non-exclusive, worldwide, and royalty-free basis to: reproduce, perform, display, analyze, and use the App in connection with (a) the operation and marketing of Google Play; (b) the marketing of devices and services that support the use of the App and the marketing of the App on Google Play and devices; (c) the provision of hosting services to Riviera Creek and on Riviera Creek’s behalf to allow for the storage of and user access to the App and to enable third party hosting of such App; (d) making improvements to Google Play, the Play Console, and the Android platform; and (e) checking for compliance with the Google Play Developer Distribution Agreement and the Developer Program Policies.

3. License to You: Riviera Creek grants you a nonexclusive, worldwide, and perpetual license to perform, display, and use the App.

4. Family Groups: Users may be a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features. Users in a family group may purchase or download a single copy of the App (unless otherwise prohibited) and share it with other family members in their family group.

5. Maintenance and Support: Riviera Creek is solely responsible for providing any maintenance and support services with respect to the App, as may be specified in the Agreement, or as required under applicable law. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App or handle any complaints about the App.

6. Reviews: Only users who download the App will be able to rate and review it on Google Play.

7. Installations: Users are allowed unlimited reinstalls of the App distributed via Google Play without any additional fee, unless the App is removed from the Google Play Store by Riviera Creek or by Google. If the App is removed from the Google Play Store, users will no longer have a right or ability to reinstall the App.

8. Promotions: Google may, from time to time, run promotional activities offering coupons, credits, and/or other promotional incentives for paid transactions and/or user actions for the App solely in connection with Google Play promotions and, for gift card promotions, on Google authorized third-party channels. There will be clear communication to users that such promotions are from Google and not from Riviera Creek, any redemption of such promotion will be fulfilled by Google or through a Google authorized third party and not by Riviera Creek, and Google will be responsible for compliance with applicable law for such promotions.