Terms of Service

Agreement between User and MaiKai Comapny

Welcome to maikaicompany.com. The maikaicompany.com website (the “Site”) is
comprised of various web pages operated by MaiKai Company is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of
maikaicompany.com constitutes your agreement to all such Terms. Please read these terms
carefully, and keep a copy of them for your reference.
maikaicompany.com is an E-Commerce Site.
MaiKai Company. sells hemp-derived CBD products including, but not limited to, tinctures,
topicals, edibles, and pet products. All products contain less than .3% THC as dictated by the
Farming Act of 2018.

Privacy

Your use of maikaicompany.com is subject to MaiKai Company.’s Privacy Policy. Please
review our Privacy Policy, which also governs the Site and informs users of our data collection
practices.

Electronic Communications

Visiting maikaicompany.com or sending emails to MaiKai Company. constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that MaiKai Company. is not
responsible for third party access to your account that results from theft or misappropriation of
your account. MaiKai Company. and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

MaiKai Company. does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use maikaicompany.com only
with permission of a parent or guardian.

Cancellation/Refund Policy

If not completely satisfied, you may return your products within 60 days of your purchase date.
Please email info@maikaicompany.com for more information on return instructions.

Links to Third Party Sites/Third Party Services

maikaicompany.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of MaiKai Company. and MaiKai Company. is not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. MaiKai Company. is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by MaiKai Company. of the
site or any association with its operators.
Certain services made available via maikaicompany.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
maikaicompany.com domain, you hereby acknowledge and consent that MaiKai Company.
may share such information and data with any third party with whom MaiKai Company. has a
contractual relationship to provide the requested product, service or functionality on behalf of
maikaicompany.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use
maikaicompany.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to MaiKai Company. that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of MaiKai Company. or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
MaiKai Company. content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of MaiKai Company. and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of MaiKai Company. or our licensors except as expressly authorized by
these Terms.

Third Party Accounts

You will be able to connect your MaiKai Company. account to third party accounts. By connecting
your MaiKai Company. account to your third party account, you acknowledge and agree that you
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are consenting to the continuous release of information about you to others (in accordance with
your privacy settings on those third party sites). If you do not want information about you to be
shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by MaiKai Company. from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the MaiKai Company. Content
accessed through maikaicompany.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless MaiKai Company, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
MaiKai Company. reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with MaiKai Company. in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
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AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and MaiKai Company. agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. MAIKAI COMPANY AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY
TIME.
MAIKAI COMPANY AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. MAIKAI COMPANY AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MAIKAI COMPANY AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAIKAI COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
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DISCONTINUE USING THE SITE.

Termination/Access Restriction

MaiKai Company. reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of New Jersey and you
hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and MaiKai Company. as a result of this agreement or use of the Site. MaiKai Company’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of MaiKai Company’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by MaiKai Company. with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and MaiKai Company. with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and MaiKai Company. with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.

Changes to Terms

MaiKai Company. reserves the right, in its sole discretion, to change the Terms under which
maikaicompany.com is offered. The most current version of the Terms will supersede all
previous versions. MaiKai Company encourages you to periodically review the Terms to stay
informed of our updates.

Contact Us

MaiKai Company. welcomes your questions or comments regarding the Terms:

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Email Address:
info@maikaicompany.com
Telephone number:
267-348-4111
Effective as of October 01, 2020

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