BACKROAD WELLNESS LOYALTY PROGRAM
APPLICATION EULA (Apple and Google Play Apps)
(23min read)
EULA (Apple and Google Play Apps)
End-User License Agreement (“Agreement”)
Last updated: August 4, 2024
Please read this End-User License Agreement carefully before clicking the “I Agree” button,
downloading or using the Backroad Wellness Loyalty Program Application.

Welcome

Welcome to the Backroad Wellness Loyalty Program and Application, operated by SEO Natural
Enterprises LLC dba Backroad Wellness (“Backroad Wellness,” “the Company,” “we,” “us,” or
“our”), Headquartered in Zanesville, Muskingum County, Ohio. These terms and conditions
govern your use of the Application and any related services provided through the mobile
application. By accessing or using Application, you agree to comply with and be bound by
this Agreement, as well as our applicable Privacy Policies (linked herein). Please read
these terms carefully before using the Application.

Overview of the Loyalty Program

Our loyalty program rewards customers for their continued patronage. Users who wish to
participate earn points for every purchase. These points are called “miles”, as they are meant to
track the participant’s continuing journey on the backroad with visits to Backroad Wellness.
Miles can be redeemed for accessory products or third party gift cards. The application tracks
purchasing and the accumulation of “miles,” and allows for notifications when rewards are
redeemable.

User Registration Requirements

Loyalty Program Legal Age Requirement:
By registering for the loyalty program, You represent and warrant that you are of legal age to
purchase cannabis and participate in the loyalty program: specifically You are at least 21 years
old if an adult-use participant, 18 years old if a registered medical patient, 21 years old if a
registered caregiver operating on behalf of a registered medical patient, or if on behalf of a
medical patient under the age of 18, You are the parent or guardian of legal age associated with
the registration operating on behalf of the patient.

Account Creation:
Qualified users create an account through the mobile application (“the application”).
Registration requires a valid email address and creating a secure password and agreeing to the
End User License Agreement (or “EULA”) and Loyalty Program terms and conditions.

Interpretation and Definitions

Interpretation:
The words of which the initial letter is capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of whether they
appear in singular or in plural.

Definitions:
For the purposes of this End-User License Agreement:
“Agreement” means this End-User License Agreement (“EULA”) that forms the entire agreement
between You and the Company regarding the use of the Application and Loyalty Program.
“Application” means the software program provided by the Company downloaded by You
through an Application Store’s account to a Device, named Alpine IQ
“Application Store” means the digital distribution service operated and developed by Apple Inc.
(Apple App Store) or Google Inc. (Google Play Store) by which the Application has been
downloaded to your Device.
“Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to
SEO Natural Enterprises LLC dba Backroad Wellness, P.O. Box 154, Zanesville, OH 43702.
“Content” refers to content such as text, images, or other information that can be posted,
uploaded, linked, stored to, or otherwise made available by or to You through the Application,
regardless of the form of that content.
“Device” means any device that can access the Application such as a computer, a cell phone or
a digital tablet.
“Third-Party Services” means any services or content (including data, information, applications
and other products services) provided by a third-party that may be displayed, provided, included
or made available by or through the Application.
“You” means the individual accessing or using the Application or the company, or other legal
entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment.

Agreement:
By clicking the “I Agree” button, downloading or using the Application, You are agreeing to be
bound by the terms and conditions of this Agreement. If You do not agree to the terms of this
Agreement, do not click on the “I Agree” button, do not download or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of
the Application made available to You by the Company. This Agreement is between You and the
Company only and not with the Application Store. Therefore, the Company is solely responsible
for the Application and its content.
Although the Application Store is not a party to this Agreement, it has the right to enforce it
against You as a third party beneficiary relating to your use of the Application.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with
the terms of this Agreement.

License:
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to
download, install and use the Application strictly in accordance with the terms of this
Agreement and the associated Loyalty Program.
You may only use the Application on a Device that You own or control and as permitted by the
Application Store’s terms and conditions. The license that is granted to You by the Company is
solely for your personal, non-commercial purposes strictly in accordance with the terms of this
Agreement.
License Restrictions
You agree not to, and You will not permit others to:
● License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or
otherwise commercially exploit the Application or make the Application available to any
third party.
● Copy or use the Application for any purpose other than as permitted under the above
section ‘License’.
● Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse
engineer any part of the Application.
● Remove, alter or obscure any proprietary notice (including any notice of copyright or
trademark) of the Company or its affiliates, partners, suppliers or the licensors of the
Application.

Consent to Receive Communications:

Users can opt-in to receive marketing communications via email, SMS, or other channels during
registration or through their account settings. Opt-out options are clearly provided in every
marketing communication.

Account Security:

The Company will ensure security consistent with this agreement. Users are responsible for
maintaining the confidentiality of their account credentials. Unauthorized access or use of
accounts must be reported immediately using the Company contact information contained
herein.

Reporting Obligations:

Users are advised to promptly report any suspected security breaches or unauthorized access
to patient or customer information to Backroad Wellness: via email info@backroadwellness.com
or phone, (740) 255-5592.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets
and other intellectual property rights are, and shall remain, the sole and exclusive property of the
Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party
claim arising out of or relating to the Application.
To the extent the Company is required to provide indemnification by applicable law, the
Company, not the Application Store, shall be solely responsible for the investigation, defense,
settlement and discharge of any claim that the Application or your use of it infringes any third
party intellectual property rights.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently,
the Application or any service to which it connects, with or without notice and without liability to
You.
Updates to the Application
The Company may from time to time provide enhancements or improvements to the
features/functionality of the Application, which may include patches, bug fixes, updates,
upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You
agree that the Company has no obligation to:
(i) provide any Updates, or
(ii) continue to provide or enable any particular features and/or functionalities of the
Application to You.
You further agree that all updates or any other modifications will be
(i) deemed to constitute an integral part of the Application, and
(ii) subject to the terms and conditions of this Agreement.
Modifications to the Loyalty Program

We reserve the right to modify the loyalty program or terminate a user’s participation at our
discretion. Users will be notified of significant changes to the program via email or through the
mobile application.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the
Application. To the extent that any maintenance or support is required by applicable law, the
Company, not the Application Store, shall be obligated to furnish any such maintenance or
support.

Data Collection and Use

We collect personal data such as name, contact information, and purchase history to administer
the loyalty program and provide a personalized experience. This data may also be used for
marketing purposes with user consent provided by user’s agreement to the terms & conditions
contained within this EULA.

Third-Party Services

User data may be shared with third-party service providers and marketing partners solely for the
purposes of program administration and personalized marketing efforts, and in compliance with
the terms contained herein.
The Application may display, include or make available third-party content (including data,
information, applications and other products services) or provide links to third-party websites or
services.
You acknowledge and agree that the Company shall not be responsible for any Third-party
Services, including their accuracy, completeness, timeliness, validity, copyright compliance,
legality, decency, quality or any other aspect thereof.

The Company does not assume and shall not have any liability or responsibility to You or any
other person or entity for any Third-party Services. You must comply with applicable Third
parties’ Terms of agreement when using the Application.
If and when provided, Third-party Services and links thereto are provided solely as a
convenience to You and You access and use them entirely at your own risk and subject to such
third parties’ Terms and conditions.
Strict measures are taken to safeguard user data in accordance with industry standards. Any
third-party service providers assisting in app operation and maintenance having access to
protected patient data are contractually obligated to comply with HIPAA regulations.

Privacy Policy

The Company collects, stores, maintains, and shares information about You in accordance with
Our Privacy Policy: <https://www.backroadwellness.com/Privacy-Policy/>. By accepting this
Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of
Our Privacy Policy.

HIPAA Compliance

We adhere to HIPAA regulations concerning the privacy, security, and confidentiality of medical
cannabis patient information, including personal health information. Our HIPAA Privacy Policy
outlines detailed practices regarding data collection, use, and disclosure. Our Patient Privacy
Policy can be found on our website at the following link:
<https://www.backroadwellness.com/Media/Backroad-Wellness-Patient-Privacy-Policies.pdf>

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company
may, in its sole discretion, at any time and for any or no reason, suspend or terminate this
Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event
that you fail to comply with any provision of this Agreement.
Users may terminate their use of the app and participation in the loyalty program at any time.
You may terminate this Agreement by deleting the Application and all copies thereof from your
Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all
copies of the Application from your Device and end your participation in the loyalty program.

Upon termination, the Application’s access to user information will be securely disabled from the
application. Data may only be retained as required or permitted by law.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in
equity in case of breach by You (during the term of this Agreement) of any of your obligations
under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers,
employees, agents, partners and licensors (if any) harmless from any claim or demand,
including reasonable attorneys’ fees, due to or arising out of your:
(i) use of the Application;
(ii) violation of this Agreement or any law or regulation; or
(iii) violation of any right of a third party.
No Warranties

The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects
without warranty of any kind.
To the maximum extent permitted under applicable law, the Company, on its own behalf and on
behalf of its affiliates and its and their respective licensors and service providers, expressly
disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the
Application, including all implied warranties of merchantability, fitness for a particular purpose,
title and non-infringement, and warranties that may arise out of course of dealing, course of
performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and
makes no representation of any kind that the Application will meet your requirements, achieve
any intended results, be compatible or work with any other software, applications, systems or
services, operate without interruption, meet any performance or reliability standards or be error
free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes
any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Application, or the information, content, and
materials or products included thereon;
(ii) that the Application will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided
through the Application; or

(iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other
harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above exclusions and limitations
may not apply to You. But in such a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under applicable law.
To the extent any warranty exists under law that cannot be disclaimed, the Company, not the
Application Store, shall be solely responsible for such warranty.
Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Agreement and your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by You for the Application or your
participation in the Loyalty Program during the twelve (12) months preceding the claim, or $100
USD if You have not purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever
(including, but not limited to, damages for loss of profits, loss of data or other information, for
business interruption, for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Application, third-party software and/or third-party hardware
used with the Application, or otherwise in connection with any provision of this Agreement),
even if the Company or any supplier has been advised of the possibility of such damages and
even if the remedy fails of its essential purpose.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates,
and its licensors shall not be liable to You under any theory of liability for any direct, indirect,
incidental, special consequential or exemplary damages that may be incurred by You, including
any loss of data, whether or not the Application Store or its representatives have been advised
of or should have been aware of the possibility of any such losses arising.

Severability and Waiver

Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be
changed and interpreted to accomplish the objectives of such provision to the greatest extent
possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Agreement shall not affect a party’s ability to exercise such right or require
such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of
any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have
any claim arising from or relating to your use of the Application, the Company, not the
Application Store, is responsible for addressing any such claims, which may include, but not
limited to:
(i) any product liability claims;
(ii) any claim that the Application fails to conform to any applicable legal or regulatory
requirement; and
(iii) any claim arising under consumer protection, or similar legislation.

United States Legal Compliance

You represent and warrant that
(i) You are not located in a country that is subject to the United States government
embargo, or that has been designated by the United States government as a “terrorist
supporting” country, and
(ii) You are not listed on any United States government list of prohibited or restricted
parties.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at
any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms
taking effect. What constitutes a material change will be determined at the sole discretion of the
Company.
By continuing to access or use the Application after any revisions become effective, You agree
to be bound by the revised terms. If You do not agree to the new terms, You are no longer
authorized to use the Application.

Governing Law

The laws of the State of Ohio, United States, without regard to its conflicts of law rules, shall
govern this Agreement and your use of the Application. Your use of the Application may also be
subject to other local, state, national, or international laws.

Consent to Venue (Muskingum County, Ohio)

Any legal action or proceeding arising out of or relating to these terms and conditions shall be
brought exclusively in the courts of Muskingum County, Ohio. Each party hereby consents to the
jurisdiction and venue of such courts as reasonable under the circumstances, and explicitly
waives any objections based upon inconvenience of forum or any other basis.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your
use of the Application and supersedes all prior and contemporaneous written or oral
agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase
other Company’s services, which the Company will provide to You at the time of such use or
purchase.

Contact Us

Your Suggestions
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company
with respect to the Application shall remain the sole and exclusive property of the Company. The
Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any
purpose and in any way without any credit or any compensation to You.
Contact Information
If you have any questions about this Agreement, You can contact Us:
○ By email: info@backroadwellness.com.
○ By phone number: 740-255-5592.