By visiting fluresh.com and its sub-sites (the “Site”), you agree with Fluresh LLC, a Michigan limited

liability company (“Fluresh,” “we,” or “us”) to be subject to this Terms of Use and Privacy Policy (these

“Terms of Use”).

Fluresh is providing these Terms of Use to establish the terms of your use of this site and to understand

the collection, use, and deletion of personal information.

These Terms of Use only apply to your use of the Site and is not to be applied in any manner contrary to

applicable law or governmental regulation.

Authorized Use of Site

By clicking through the start screen, you affirmatively represent that you are 21 years of age or older.

The Site is controlled and operated by the Company from its offices in Michigan. None of the products

or services illustrated on the Site are for sale in other jurisdictions. The Site’s content should not be

construed in any way as a solicitation to customers outside Michigan or an attempt by Fluresh to

purposefully avail itself of the benefits of doing business in any state or jurisdiction other than Michigan.

The Site does not offer goods or services to persons under the age of 21, nor does it target content to

audiences under that age, nor should it be construed as doing so.

You agree not to use the Site for any illegal purpose.

Privacy and Information Collection

We collect three types of personal information. This is what we collect and how it is used.

Type and Examples

1 Usage Data: IP Address, Browser Type, Browsing Behavior, Pages Visited

This information does not identify you personally but helps us improve our website and business

offerings. We may share this information in depersonalized form (when confirmed to be sufficiently

aggregated or anonymized so as not to allow identification with specific people) with our own service

providers or third parties.

2 Web Browser Cookies (can be disabled by you in your web browser)

These types of data stored in your web browser do not identify you personally but allow you to log into

the Site without re-entering your credentials, allow us to place advertising, and allow us to analyze and

improve the functionality of the Site. We may share this information in depersonalized form (again,

when confirmed to be sufficiently aggregated or anonymized so as not to allow identification with

specific people) with our own service providers or third parties.

3 User-Submitted Information: Name, Address, DOB, Gender, State of Residence, Email, Telephone,

Financial Data

This is information that you voluntarily enter at the request of the Site, for reasons that might include

your requesting information, verifying eligibility to use the Site, or your obtaining products or services at

a wholesale or retail level. We may share this information in depersonalized form (aggregated or

anonymized so as not to allow identification with specific people) with our own service providers or

third parties. We may share this information in the form originally entered with Fluresh’s parents,

subsidiaries, and affiliates. To opt-out of our sharing of this type of information, please contact us and

submit a specific request.

4 Disclosure of Personal Information

Notwithstanding the previous section, we may disclose personal information: (1) in response to a court

order or subpoena; (2) to protect and defend the rights or property of the Company or Site users; (3) to

act to prevent a suspected crime or risk to members of the public or users of the Site or violation of

these terms and conditions; (4) to enforce the terms of these Terms of Use; or (5) otherwise as required

by statute.

5 Sale of Information Outside the Ordinary Course of Business

In order to accommodate changes in our business, we may sell portions of our Company or purchase

other companies or assets, including the information collected through the Site. In the event of sale, of

the Company or substantially all its assets, customer information collected pursuant this policy will be

transferred. You agree that these Terms and Conditions will continue in force.

6 Access to Information and Erasure

We do not allow users to access, download, or review personal information we collect about them. We

will, however, remove any User Submitted Information where (1) removal is requested by a user; (2) it is

not subject to preservation due to legal matters such as litigation or investigations; and (3) it is not

needed to complete or document a business transaction.

7 Do Not Track Notice

The Site does not support the Do Not Track (“DNT”) functionality on web browsers. For more

information on DNT, visit donottrack.us.

8 Security of Personal Information

The Site has security measures in place to prevent the theft, misuse, or modification of personal

information we collect. Fluresh cannot take responsibility for malware or network interception by others

that captures your information in transit. Further, providing personal information to Fluresh is at your

sole risk.

9 Third Party Links

The Site may include links to other websites that are unaffiliated with Fluresh. Fluresh does not control,

and is not responsible for, the privacy and data security conditions at those sites. As such, Fluresh is not

responsible for the consequences of your clicking on such links.

10 Limitation of Liability

In no event shall Fluresh, or its parents, subsidiaries, affiliates, officers, directors, employees, or agents,

be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages

whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or

property damage, of any nature whatsoever, resulting from your access to and use of the Site, (iii) any

unauthorized access to or use of our secure servers and/or any and all personal information and/or

financial information stored therein, (iv) any interruption or cessation of transmission to or from the

Site, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by

any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind

incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made

available via the Site, whether based on warranty, contract, tort, or any other legal theory, and whether

or not the company is advised of the possibility of such damages. The foregoing limitation of liability

shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically

acknowledge that the above parties shall not be liable for user submissions or the defamatory,

offensive, or illegal conduct of any third-party and that the risk of harm or damage from the foregoing

rests entirely with you.

11 Governing Law and Arbitration

These Terms of Use shall be construed in accordance with and governed by the laws of the United States

and the State of Michigan, without reference to their rules regarding conflicts of law. Except for disputes

brought in small claims court, all disputes between you and the Company arising out of, relating to, or in

connection with the Site or services available on the Site shall be determined by arbitration in the

County of Kent and City of Grand Rapids, Michigan before one arbitrator. The arbitration shall be

administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on

the award may be entered in any court having jurisdiction. If this arbitration provision is found

unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a

court of competent jurisdiction in the location identified above. You hereby accept the exclusive

jurisdiction of such court for this purpose.

12 Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an

individual basis and not in a class or representative action or as a named or unnamed member in a class,

consolidated, representative or private attorney general legal action. Your access and continued use of

the Site signifies your explicit consent to this waiver.

13 Contacting Us

Please contact us with questions at [email protected]. When requesting the removal of personal data

that you submit, please provide your full contact information (name, mailing address, telephone, email)

so that we can find and remove all parts of your personal data from our system (subject to any

exceptions listed above). 4817-2537-3341.4