1. What is the minimum age to purchase blu products***Legal purchasing age may differ by state. In an effort to ensure that our products are accessible to adults only, effective in 2019, blu® products will only be sold to new customers who are 21 and over. If you are under 21 years of age, of legal purchasing age in your state, and a blu® registered customer prior to 2019, you will still have access to blu® products. 2. What is the minimum age to purchase on blu.com***As of January 15, 2019, the minimum age to purchase on blu.com was increased to 21 for all new customers, including customers in states and municipalities where their local policy for the minimum age to purchase vapor products is under 21. This change adds additional strength to our high standards and our commitment to sell to adult vapors only. Effective January 15, 2019, all new customers must be 21 or older to register for a new blu.com account and purchase blu products on blu.com. We will no longer allow new accounts to be created by anyone under the age of 21.***Existing blu.com or bluNation Rewards account holders under 21 (and over 18) who registered prior to 2019, will be referred to as “Legacy Account Holders Under 21”. As a special consideration, Legacy Account Holders Under 21 will continue to have access to purchase blu products on blu.com, provided they meet the minimum age criteria in their state and are logged into their blu.com or bluNation account. Legacy Account Holders Under 21 must be logged into their account to make a purchase on blu.com. Attempts to make purchases on blu.com as a “Guest Account “as of January 15, 2019, will be declined because the customer does not meet the minimum age limit to purchase (21+). 3. Why is there a minimum purchase age to purchase blu products?***The federal law requires states to have a minimum tobacco purchasing age of 18. Today different states have chosen to have different age requirements varying from 18- 21. blu takes it responsibility to only sell to adult vapers seriously. blu strongly adheres to all state and federal regulations both online and in our retail stores. 4. Why do you ask my age when taking my shipping information?***Blu products are designed to be consumed by adult vapers, so we are committed to only selling our products to adults. To meet age verification requirements, we ask your age at the beginning of the process through our non-affiliated third party age verification company. When you sign up for an account, if your shipping location varies from your address on file, we will need to verify this. 5. How does the blu age verification work?***Once you enter your information and it is checked through Persona, our third party independent age verification system, it can take up to 24 business hours for verification. If approved, your order will be processed as normal. If your ID is denied, you will be sent an email as to why. 6. Do I have to be age verified every time I place an order on blu.com?***Once you initially register your account, make your first purchase and are age verified, your information will be saved. If for any reason there is a typo in your name, or your name/address changes you will need to age verify again. 7. I live outside the US. Can I be age verified?***At this time we are unable to verify those outside of the United States. Including Guam, Puerto Rico, US Virgin Islands, Cuban and all US other provinces. 8. Can I buy a blu product as a gift and ship it to someone else?***Yes, however, anytime a product is purchased as a gift the identification of the receiver must also be verified. In California, the name of the purchaser as well as the shipping and billing address must match. Additionally, California residents cannot ship to P.O. Boxes. 9. What are acceptable forms of ID?***Passport (from any country- with English translation), Greencard, Visas (from any country- with an English translation), Military ID (must be photographed front and back), Driver’s Permit, and Driver’s License of any country with an English translation. All IDs must be current - no expired IDs accepted. Photocopies are not accepted. All must have a shipment address in the US.

### 1. SCOPE OF THIS PRIVACY POLICY This Privacy Policy describes the types of personal information Fontem US LLC d/b/a blu eCigs (“blu,” “us,” “we” or “our”) collects through all blu websites (collectively, the “Website”), and how we collect, use, and share that information. blu has created this Privacy Policy in order to demonstrate our firm commitment to protect your privacy. If you have questions or concerns regarding this statement, you should first submit a Customer Service inquiry using the contact information provided below. This site is owned and operated by: ***Fontem US LLC, ***714 Green Valley Road, ***Greensboro, NC 27408 Customer Service Department: 1.888.207.4588 ***[Submit a Customer Service inquiry](https://www.blu.com/en/US/web2case) Our processing of personal data, such as your name, address, e-mail address, or telephone number, shall be undertaken consistent with the requirements of applicable privacy laws, including, but not limited to, the General Data Protection Regulation (“GDPR”). The purpose of this Privacy Policy is to provide to users and potential users of our Website information about the nature, scope, and purpose of the personal data we collect, use and process and to advise data subjects of their rights. Whether we serve as the data controller or processor, blu has implemented numerous technical and organizational measures to ensure the protection of personal data processed through the Website. However, Internet-based data transmissions may in principle have security gaps, so please understand that absolute protection is not assured. By using the Website, you accept and expressly agree to our practices surrounding the collection, use, and sharing of personal information provided by you in the manner described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you cannot, and we do not authorize you to, access, browse, or use the Website. ***### II. PERSONAL INFORMATION WE COLLECT blu is committed to adhering to the Digital Advertising Alliance self-regulatory principles (“DAA Principles”) that govern best practices for Interest-based and Internet-based advertising (“IBA”). Our use of IBA is described in more detail below. Consistent with DAA Principles, if you would like to opt-out from such third party data collection for use in IBA, please visit the [Digital Advertising Alliance Consumer Choice Page](https://www.blu.com/en/US/faqs/our-policies/www.aboutads.info/choices). ***A. Information You Give Us*** We collect information for a variety of business purposes, including without limitation, to provide the services you request (e.g., to mail you coupons that you request or opt-in for on our site), to collect information that is needed to add adult consumers to our marketing list at their request, to serve these adult consumers, to operate and improve our Website, to administer our business (e.g., to independently verify that a consumer is legal vaping age or older or to conduct consumer research among verified adult consumers), and to administer contests, sweepstakes, surveys, polls, loyalty programs and other promotional events. This information helps us to improve our site, products and services. For example, we use such information for problem resolution when an adult consumer on our Marketing List contacts our Consumer Relations Department with a problem on our Website. We strive to maintain accurate information on the adult consumers on our Marketing List through consumer surveys, adult consumer-initiated contacts, and responses to our marketing programs (online and offline), as well as through address update services. Except for age verification information (as described above) and physical location information and tracking technologies (as described below), you do not have to give us any personal information to browse this Website. However, you may be asked to provide personal information to submit or request information from us, or to use the services offered through this Website. Once you provide us with your personal information, you are no longer anonymous to us. This information may include: ***Signup Information and Registration Information:*** When you sign up for an account on the Website, you are required to provide information such as your name, date of birth, email address, phone number, gender, and physical address. We may also collect information from your driver’s license to verify your age. In addition, you may be asked to provide optional information, including your previously purchased devices, your purchase channel (online / retail), your satisfaction rate with our products and services, and your communication channel preferences to enhance the Website experience. When you register a blu product on the Website, you are required to provide information such as your name, date of birth, email address, phone number, gender, physical address details about the blu product purchased, including your point of sale. You can update certain personal information associated with your account (such as your gender, date of birth, phone number and account password) by logging into your account and going to “Personal Data” If you request newsletters, certain coupons, sweepstakes prizes, or other materials be sent to you, you may be asked to confirm or update your email or mailing address. ***RMA Form.*** If you complete a “RMA” request form, we require you to first create an account on the blu Website; thereafter, we will ask you to provide your current email address and additional contact information. ***Purchases.*** We may collect your first name, last name, address, date of birth, social security number, credit card information and/or a copy of your identification (passport or national identification card) if you place an order with us. The information is collected, validated by third-parties (currently Veratad and Experian), and stored using industry standard encryption. Credit card information is used only to fulfill your order, and then stored with a third party provider (currently Salesforce Commerce Cloud) for future purchases. We also collect and use your shipping address to deliver orders to age verified adults that purchased blu product via blu.com. ***Affiliate and Webmaster Sign Up.*** We collect prospective affiliate and webmaster contact information to process applications and conduct business. This information includes: name, checks payable, address, city, state/province, country, minimum payout, password, source of referral, tax ID (EIN or social security number for U.S. residents), and date of birth. ***SMS.*** Only when you opt-in to our SMS service, we may send you an SMS message to confirm your signup, provide you information about and promotional communications, and provide relevant updates regarding your bluNation® account. ***Surveys.*** From time to time, we may provide you the opportunity to participate in contests or surveys on our site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary, and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address) and demographic information (such as zip code). We may request other information, in our sole discretion, which we consider important to the administration and promotion of the survey or contest. We use this information to notify contest winners and award prizes, monitor site traffic, personalize the site (in the case of anonymous information collected in surveys), and send participants an email newsletter. We may also use this information for publicity or marketing purposes. We may publish this information in our blu® Privacy Policy US at our sole discretion. The rules applicable to any individual survey or contest will be published prior to the collection of any personally identifiable information and you agree to such use by submitting any information. We may use a third party service provider to conduct these surveys or contests; third party service providers are prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice. ***Additional Information:*** Additional information that you provide to us, including through feedback, pictures you upload, messages, emails, posts to public discussion boards, photos you upload, and event registrations. This will make it easy for you to do things like share items/materials, post messages, and respond to offers and other information on the site. ******B. Location Information*** In order to access and use certain areas or features of the Website, you consent to our collection and use of your physical location information if you use the Website on a location-enabled device (including GPS, cellular, and Wi-Fi networks) or from your browser. ***C. Automated Information Collection*** In order to access and use certain areas or features of the Website, you consent to our collection and use of certain information about your use of the Website through the use of tracking technologies or by other passive means. Your consent to our access and use of this “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Website, search engines used, the internet protocol (IP) address used, the length of time spent on the Website, the pages you looked at on the Website, other webpages you visited before and after visiting the Website, the type of internet browser you have, the frequency of your visits to the Website, and other relevant statistics, including the following: ***Log Information.*** When you access the Website, you also consent to our servers automatically recording information that your browser sends whenever you visit a website. These server logs may include information such as your web request, IP address, browser type, browser language, the date and time of your request, your computer operating system, mobile device and mobile operating system, name of your internet service provider or your mobile carrier, and one or more cookies (small text files containing a string of characters) that may uniquely identify your browser. Our servers also automatically record what you click on while visiting the Website. ******Location Information.*** The Website may include links in a format that enables us to keep track of the IP addresses from which these links have been followed. You further consent to our collection and use this information to improve the quality of our Website, product(s) and blu business operations. ******URLs.*** When you visit or access the Website, you consent to our receipt of the URL of the site from which you came and links you click on to leave the site. ******Cookies.*** When you visit or access the Website, you consent to our use of one or more cookies (small text files containing a string of characters) to your computer that uniquely identifies your browser. We use cookies to improve the quality of the Website by storing user preferences tracking user trends, and providing personalized content and ads. Most web browsers accept cookies automatically, but can be configured not to do so or to notify the user when a cookie is being sent. If you wish to disable cookies, refer to your browser help menu to learn how to disable cookies. Please note that if you disable cookies, you may not be able to use some customized features available through the Website. For more information on our Cookie Policy, including an opt-out, please visit Cookie Policy. ******Web Beacons.*** Our Website contains electronic images known as web beacons (also called single-pixel gifs and transparent graphic images) that we use to help deliver cookies on our sites, count users who have visited those sites, deliver services, and analyze the effectiveness of our promotional campaigns, for example. We also include web beacons in our marketing email messages or newsletters to determine whether an email is opened or if links are clicked. You consent to our use of web beacons to facilitate Website administration and navigation, to track the actions of users of the Website, to compile aggregate statistics about Website usage and response rates, and to provide an enhanced online experience for visitors to the Website. ******Aggregate Information.*** We may compile certain personal information, and other information collected through the Website on an aggregate basis. This information may include, without limitation, the number of people who have visited the Website and other user demographics. Such aggregate information does not identify you individually. ### III. HOW WE USE PERSONAL INFORMATION blu complies with its obligations under applicable privacy laws by: keeping personal data up to date where needed based on the purposes for which the personal data is being processed; by not collecting or retaining excessive amounts of data; by ensuring that appropriate technical measures are in place that are designed to protect personal data from loss, alteration, misuse, unauthorized access and disclosure as it is transmitted, stored, or otherwise processed, and by using appropriate measures to securely destroy personal data when it is no longer needed by blu. Personal information collected through the Website may be used by us and our affiliates for purposes of:*** - Responding to your questions and feedback;***- Providing the services you select through this Website, including to process applications and conduct business;***- Tailoring advertisements to you;***- Contacting you, whether by email, postal mail, or telephone with information about this Website, our products, or our services, including exclusive special offers and information about sales, promotions, new releases, and other relevant information;***- For such purposes as you may authorize at the time you submit the information;***- Auditing, research, and analysis to maintain, protect, and improve this Website and our services;***- Ensuring the technical functions of our network;***- Improving and customizing the content and layout of the Website;***- Developing new products and services; or***- Compiling personal information and other information collected through the Website on an aggregate basis. ### IV. PERSONAL INFORMATION WE SHARE We do not sell, rent, trade, or otherwise share personal information collected through the Website, except as described below: *** ******In Connection with our Offerings.*** The Website involves the sharing of certain personal information collected through the Website with (i) other users of the Website, and (ii) as you otherwise provide your consent. Information which you upload, post, e-mail, submit or otherwise transmit in connection with the Website to a public message board, chat area or other public area of the Website will be made public to users of the Website, including certain metadata related to such activities (such as timestamps). You are solely responsible for any such information you choose to post on or through the Website. All information that is posted to a message board, chat area, or other public area of the Website may be shared by us with (i) other users of the Website, and (ii) as you otherwise provide your consent. Please be aware that anything you share publically may be further shared by other users of the Website (for example, by emailing a screenshot of your post to non-users. We are not responsible for any such sharing of information you have shared publically on the Website. ******Subsidiaries and Affiliates.*** We may share personal information with our subsidiaries and affiliates for the purposes for which you provided the information or as reasonably necessary for our internal administrative and business purposes. ***Service Providers. We work with third parties that provide services on our behalf. Such services may include website hosting, product reviews, contests, promotions, marketing, and website usage analytics. We may share personal information and non-personal information with these third parties for the purpose of enabling them to provide these services. ******Consent.*** We may share personal information in accordance with any consent you provide. ******Required by Law.*** The products sold on this Website are highly regulated by various governing agencies. It may become necessary to share the information that we collect with such agencies to comply with laws, a judicial proceeding, court order, or other legal requests. We may disclose personal information or any information collected through this Website if we are required to do so by law or pursuant to legal process, in response to a request from government officials or law enforcement authorities, or as necessary or appropriate in connection with an investigation of illegal activity. ******Certain Transactions.*** We may disclose or transfer personal information or any information collected through this Website to third parties who acquire all or a portion of our business, whether such acquisition is by way of merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us. ******Internet Based Advertising.*** We participate in IBA. This means that you may see advertising on the Website tailored to how you engage or browse, or you may see advertising for us on other websites, applications and social media based on your behavior across websites, applications and social media. We may target ads based on data we have collected, or data provided by third parties alone or in combination with the data we collect ourselves. If you choose to interact with specific third parties who advertise through the Website, the information you provide to them is subject to the conditions of their specific privacy policies. In connection with the foregoing activities, third parties, often called “ad servers” or “ad networks,” may place and access cookies, web beacons, or other tracking technology on your device to collect information about your use of the Website and your use of third-party sites. The information about your use of the Website may be combined with information about your use of third-party websites to provide targeted advertisements and content that may be of interest to you (this is known as “interest-based advertising”). The information they collect from the Website may identify you personally, or they may associate it with personal information collected in other ways or received from other third parties. We do not control these third parties or their use of cookies, web beacons, or other tracking technology. By accessing the Website, you are given the opportunity to agree to usage tracking and targeted interest-based advertising. If you do not wish to have cookies track your usage for these purposes, please visit our Cookie Policy at [Cookie Policy](https://www.blu.com/en/US/faqs/our-policies/cookie-policy.html) for information regarding how to refuse all or some browser cookies, or do not use the Website. ***Some advertisers may provide you with the choice to opt-out of having your information used for interest-based advertising. If you would like more information about interest-based advertising, or for information about how to opt-out of interest-based advertising, please visit the [Network Advertising Initiative's (“NAI”) consumer website](http://www.networkadvertising.org/understanding-online-advertising), and in particular, [NAI’s Ad Network “Opt-Out” page](http://www.networkadvertising.org/choices/). Even if you opt-out of interest-based advertising, we may still collect and use information about your use of the Website to the extent otherwise permitted by this Privacy Policy (such as to analyze Website traffic and usage, conduct website analytics, administer the Website, etc.). In addition, if you opt-out of receiving interest-based advertising from a particular advertiser, the advertiser may still provide advertisements to you, but the ad will not be targeted to you based on your online activities. For additional assistance with opting-out, please contact us directly at [here](https://www.blu.com/en/US/web2case). ### V. AGGREGATE INFORMATION We may compile de-identified personal information and other information collected through the Website on an aggregate basis. This information may include, without limitation, the number of users who have registered for the Website and demographic information about users of the Website. Such aggregate information does not identify you individually. We may use aggregate information and share aggregate information with third parties for any of the purposes specified in this Privacy Policy, and for any other lawful purpose. ### VI. YOUR CHOICES ***A. Information You Provide*** You can always choose whether or not to provide information on the Website. However, if you choose not to disclose certain information, you may not be able to register as a user of the Website, which may limit your access to certain portions of the Website and your ability to obtain personalized promotions and messages. ***B. Privacy Settings*** By default, certain types of information you choose to submit will be made public to users of the Website. This includes your account username, profile picture, and any comments or posts you make to public posts or discussion boards. You can control whether other profile and activity information as described in Section II will be shared publicly with all users of the Website, or limited to users that you have friended. ***C. Communications From Us*** If at any time you decide that you no longer wish to receive notices from us regarding the Website, you may indicate this preference by placing a [Customer Service Inquiry](https://www.blu.com/en/US/web2case). You can cancel the SMS service at any time. Just reply “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. We are able to deliver messages to the following mobile phone carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. (Note: This list may change without warning and without notice to you). Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provide. ***D. Do Not Track*** As described in more in our Cookie Policy located at [Cookie Policy](https://www.blu.com/en/US/faqs/our-policies/cookie-policy.html), you can configure your browser not to accept cookies or to notify you when a cookie is being sent. ***E. Your Rights and Your Personal Data*** Unless subject to an exemption under the GDPR, if your personal data is subject to the GDPR, you have the following rights with respect to your personal data: The right to request a copy of your personal data which the blu holds about you;***The right to request that the blu correct any personal data if it is found to be inaccurate or out of date;***The right to request your personal data be erased where it is no longer necessary for blu to retain such data;***The right to withdraw your consent to the processing at any time of personal data to which you provided consent for processing;***The right to request that blu provide you with a copy of your personal data and where possible, to transmit that data directly to another data controller (known as the right to data portability);***The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction be placed on further processing;***The right to object to the processing of personal data (where applicable); and***The right to lodge a complaint with a data supervisory authority.*** ***F. Transfer of Data Abroad*** If your personal data is subject to the GDPR, blu will transfer personal data from the European Economic Area (EEA) to a location outside the EEA only when there has been a documented adequacy determination, or where blu has confirmed adequate privacy protections. If blu transfers personal data to a third party acting as an agent of blu, we will also obligate the third party to have adequate privacy protections in place. blu may transfer personal data to and on behalf of clients and third party’s with whom blu has an existing service agreement or as part of our legal obligations, each of which shall be subject to blu policies, and only to the extent necessary for purposes of legitimate interests pursued by the data controller (or by a third party). ***G. Automated Decision Making*** Under the GDPR, data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent. We may use your personal data to engage in limited automated decision making to provide you with personalized offers and promotions, and you consent to our automated decision making for such limited purposes. ***H. Further processing*** If we wish to use your personal data for a new purpose, not covered by this Privacy Policy, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing. ### VII. INFORMATION STORAGE AND SECURITY We employ reasonable security precautions to help protect against the loss, misuse, and alteration of personal information provided on or through the Website. When you enter sensitive information (such as credit card number and/or social security number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link: [Verisign](https://www.verisign.com/). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of online transmission or electronic storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security As a result, although we strive to protect personal information about you, we cannot guarantee the security of any information you transmit to us through or in connection with the Website. If you have reason to believe that personal information is no longer secure, please notify us immediately by contacting us in accordance with the last section below. ### VIII. A SPECIAL NOTE ABOUT CHILDREN AND CALIFORNIA RESIDENTS Children are not eligible to use the Website, and we ask that minors (children under the age of 16) not submit any personal information to us. If you are a California resident, you have the right, pursuant to Section 1798.83 of the California Civil Code, to receive once a year, free of charge: (1) information identifying each third party company to whom we may have disclosed, within the past year, personal information pertaining to you for that company's direct marketing purposes; and (2) a description of the categories of personal information disclosed to that third party company in the immediately preceding calendar year. If you are a California resident and would like to make this request, please call 1.888.207.4588. In addition, please refer to the Section of this Privacy Policy entitled "Information Collection & Use." In addition please refer to your California Privacy Rights ([here](https://assets.ctfassets.net/ekvyfobrxnqa/1rQAMGrT4DelFJ0lFxzysk/b404234c4609642b3431e6f34777280f/2020-06-25_ITG_Brands_-_CCPA_Privacy_Notice_and_Disclosure_Guidance_.pdf)) ### IX. EXTERNAL LINKS The Website may contain links to various websites that we do not control. When you click on one of these links, you will no longer be transacting business through the Website. Third party websites maintain their own privacy policies, and we do not exercise any control over any of the third party websites that may be linked to the Website. If you visit a website that is linked to the Website, you should consult that website’s privacy policy before providing any personal information. Please be aware that we are not responsible for the privacy practices of such other websites, and we are not liable for their misuse of personal information about you. ### X. SPECIAL ADMONITIONS FOR INTERNATIONAL USE The Website is hosted in the European Union. You acknowledge and consent to the storage and processing of information collected through the Website in the United States or any other country in which blu, our affiliates and/or service providers maintain facilities. All matters relating to your access and use of the Website in the United States are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States of America and you provide us with information, please be advised that any information you provide to us will be transferred to the United States and/or any other country in which blu, our affiliates and/or services providers maintain facilities, and that by submitting information, you explicitly authorize such transfer and the use and disclosure of information about you as described in this Privacy Policy. ### XI. UPDATES TO THIS PRIVACY POLICY We may change or update the Website or any of our policies and procedures without prior notice, except that if any changes are likely to have an adverse impact on your rights under data protection law, we will use reasonable efforts to notify you of the changes in advance in writing or by post mail, and, where required, obtain your consent to our activities. We will post a notice on this Website to advise you of any significant changes to this Privacy Policy and indicate via the “Last Updated” legend in this Privacy Policy when it was most recently updated. Except to the extent that your express consent to any change or update is required under data protection law, your continued use of the Website signifies your continued assent to the terms of this Privacy Policy, as updated or amended at that time. ### XII. QUESTIONS REGARDING THIS PRIVACY POLICY If you have any questions or comments regarding this Privacy Policy, please place a [Customer Service Inquiry](https://www.blu.com/en/US/web2case). ***If your personal data is subject to the GDPR, the data controller for the purposes of GDPR or other data protection laws applicable in Member states of the European Union and other provisions related to data protection is: Fontem US LLC, ***714 Green Valley Road, ***Greensboro, NC 27408 Any data subject may, at any time, contact us directly with any questions and suggestions concerning data protection. We encourage interested persons to raise any concerns about the collection, use, or processing of personal data using the contact information provided above. In the event of a privacy related issue or complaint, we will investigate and attempt to promptly resolve any complaints and disputes regarding use and disclosure of personal data. For complaints that cannot be resolved, if your personal data is subject to the GDPR, we commit to cooperating with the panel established by the EU data protection authorities (DPAs) or the Swiss Federal Data Protection and Information Commissioner (FDPIC), as applicable, and comply with the advice given by the DPAs or FDPIC about personal data transferred from the EU or Switzerland. In order to facilitate the handling of complaints, individuals in the EU can choose to contact their national DPA or use the form located at this link: ***[http://ec.europa.eu/newsroom/document.cfm?doc_id=42962](http://ec.europa.eu/newsroom/document.cfm?doc_id=42962) ***Individuals in Switzerland can contact the Swiss FDPIC by visiting: ***[https://www.edoeb.admin.ch/edoeb/de/home.html](https://www.edoeb.admin.ch/edoeb/de/home.html) ***This independent dispute resolution process is provided at no cost to the individual.

### 1. Cookie Policy Fontem US LLC d/b/a blu eCigs (“blu,” “us,” “we” or “our”) and our third-party providers set and use cookies and similar technologies on all blu websites (collectively, the “Website”) to store and manage user preferences, deliver targeted advertising, enable content, and gather analytic and usage data. The use of cookies and other tracking technologies is standard across all blu Websites through which information is collected about your online activities across applications, websites, or other services. This Cookie Policy provides information about how we use cookies and similar technologies on our Website, and how you can control and manage them. Please see our Website [Terms & Conditions](https://www.blu.com/en/US/faqs/our-policies/Terms-and-Conditions.html) and [Privacy Policy](https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html). ### 2. What are cookies? A cookie is a small data file that is placed on your computer or other device to allow a website to recognize you as a user when you return to the website using the same computer and web browser, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (a ‘persistent cookie’). Other similar files work in the same way and we use the word ‘cookie’ in this policy to refer to all files that collect information in this way. Cookies are an extremely common technology for remembering certain information about a visitor to a website. The vast majority of websites currently make use of cookies and they are commonly used for a wide range of tasks. We use cookies for the following purposes: ***Strictly necessary cookies.*** These are cookies that are required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website or make use of online payment services. ***Analytical cookies.*** They allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. ***Functionality cookies.*** These are used to recognize you when you return to our Website and to embed functionality from third party services. This enables us to personalize our content for you, greet you by name, remember your preferences (for example, your choice of language or region) and to integrate useful services provided by third party providers into our Website e.g. maps and social media features. ***Advertising cookies.*** These cookies record your visit to our Website, the pages you have visited and the links you have followed. We will use this information to make the advertising displayed to you more relevant to your interests. We may also share this information with third parties for this purpose. ### 3. How to control and delete cookies***When you accessed the Website, you were presented with a message cookies and your options regarding cookies. We had to use a cookie to present you with that notice (you can see details of this cookie under Cookie Banner in the table below). After you consent to our use of some or all cookies, your continued use the Website will allow more cookies and other tracking technologies to be placed on your computer (as further described in this Cookie Policy) in order to improve our Website and your browsing experience and to tailor the adverts and content you see. ### 4. Cookies used by us on our Website Below is a list of the cookies used by us on this Website together with details about what each is used for (this includes 3rd party cookies): ***Strictly Necessary Cookies These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information. ***| Categories | Cookies |***| ---------- | ---------- |***| Google Tag Manager | _dc_gtm_UA-63919358-1 |***| | _dc_gtm_UA-16839915-1 |***| Salesforce Commerce Cloud | dw |***| | dwac_dek9giaajdIX2aaadoxLJCc2br |***| | \_\_cq_dnt |***| | locale |***| | dw_dnt |***| | country |***| | weird_get_top_level_domain |***| | dwanonymous_xxxxxxxx |***| | dwsecuretoken_xxxxxxxx |***| | dwsid |***| Cloudflare | _cfduid |***| Cookie-banner | OptanonConsent |***| | OptanonAlertBoxClosed | Performance Cookies These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance. | Categories | Cookies |***| ---------- | ---------- |***| Google Analytics | sid |***| | _gid |***| | _gat_UA-91570417-1 |***| | _gat_UA-16839915-1 |***| | _ga |***| | _gat_UA-63919358-1 | Functional Cookies These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly. | Categories | Cookies |***| ---------- | ---------- |***| Salesforce Commerce Cloud | \_\_cq_seg |***| | \_\_cq_bc |***| | \_\_cq_uuid |***| | cqcid |***| fast.wistia.com | wistia-http2-push-disabled |***| VWO | _vwo_uuid_vw | Targeting Cookies These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising. | Categories | Cookies |***| ---------- | ---------- |***| tapad.com | TapAd_DID |***| | TapAd_TTD_SYNC |***| | TapAd_TS |***| bluekai.com | bku |***| | bkdc |***| adnxs.com | anj |***| | sess |***| | uuid2 |***| quantserve.com | d |***| | mc |***| dpm.demdex.net | dpm |***| demdex.net | demdex |***| scorecardresearch.com | UID |***| | UIDR |***| rlcdn.com | rtn1-z |***| | ck1 |***| | rlas3 |***| krxd.net | \_kuid\_ |***| cquotient.com | uuid |***| addthis.com | ouid |***| | loc |***| | xtc |***| | bt2 |***| | bku |***| | mus |***| | uid |***| | uvc |***| | di2 |***| | vc |***| doubleclick.net | IDE |***| | id |***| google.com | APISID |***| | SSID |***| | NID |***| | PREF |***| | SID |***| | SAPISID |***| | HSID |***| adsrvr.org | TDID |***| | TDCPM |***| tribalfusion.com | ANON_ID |***| twitter.com | auth_token |***| | twll |***| | \_\_utmz |***| | secure_session |***| | guest_id |***| | \_\_utma |***| | remember_checked |***| | remember_checked_on |***| mookie1.com | id |***| | mdata |***| upsellit.com | uid |***| | JSESSIONID |***| cdn.syndication.twimg.com | lang |***| syndication.twitter.com | lang |***| tiqcdn.com | x_axis_main |***| semasio.net | SEUNCY |***| match.rundsp.com | RUN_ID |***| crwdcntrl.net | \_cc\_cc |***| | \_cc\_id |***| | \_cc\_aud |***| | \_cc\_dc | ### 5. How to opt-out or modify cookies and other tracking technologies We understand that you may want to know more about cookies. Here are some useful resources that provide detailed information about types of cookies, how they are used, and how you can manage your cookie preferences: www.aboutcookies.org or www.allaboutcookies.org. If we process cookies based on your consent, you can also revoke, alter and/or reject the cookies we use on this Website here***Cookie Settings ***Please note, that if you exercise this right, you may have to then provide your consent on a case-by-case basis for the use by us or disclosure of certain cookies, if such use or disclosure is necessary to enable you to utilize some or all of our services, and that restricting cookies may mean that you will not be able to take full advantage of all the features or services available on this Website. If you want to opt out of receiving interest-based advertising, it does not mean that you will no longer receive advertising when you are using our services. It just means that we will not use information collected about you for IBA and that any advertising you see will not be customized and may not be relevant to you. You can exercise your online advertising choices at [http://optout.aboutads.info](http://optout.aboutads.info/) or by clicking the AdChoices icon in an ad and following the instructions. You may also opt out of receiving interest-based ads from many sites through the [Network Advertising Initiative’s (NAI) Opt Out Tool](http://www.networkadvertising.org/choices) and in the EU at http://www.youronlinechoices.com/. Remember, if you delete cookies, use a different device, or change web browsers, you may need to opt out again. Mobile devices have an identifier that gives companies the ability to serve targeted ads to a specific mobile device. In many cases, you can turn off mobile device ad tracking or you can reset the advertising identifier at any time within your mobile device privacy settings. Another tool you can use to control advertising on your mobile device is the [AppChoices App](http://youradchoices.com/appchoices). You may also choose to turn off location tracking on your mobile device. If you turn off ad tracking or location tracking, we will no longer use information collected from your device’s advertising identifier for the purposes of advertising. You may still see the same number of ads but they may be less relevant because they will not be based on your interests or location.***

bluNation® Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE BLUNATION® REWARDS PROGRAM AND SUPERSEDE ALL PREVIOUS REWARDS OR LOYALTY PROGRAM TERMS AND CONDITONS, RULES, REGULATIONS, POLICIES AND PROCEDURES THAT MAY HAVE BEEN IN EFFECT. PLEASE READ THEM CAREFULLY. YOUR USE OF THE PROGRAM CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND ALL OTHER TERMS INCORPORATED BY REFERENCE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR PARTICIPATE IN THE REWARDS PROGRAM. ***ELIGIBILITY FOR MEMBERSHIP IN THE BLUNATION® REWARDS PROGRAM *** This bluNation® Rewards Program (the “Rewards Program”) is intended only for use by adults residing in the United States who are at least twenty-one (21) years old, subject to any other legal restrictions related to vaping or customer rewards programs that may be applicable in your local area. You further acknowledge and agree that you must be of legal smoking age to purchase or consume any of our blu® products or to participate in the bluNation® Rewards Program. ***PERSONS UNDER THE AGE OF 21 ARE PROHIBITED FROM ACCESSING OR PARTICIPATING IN THE REWARDS PROGRAM. ***PLEASE NOTE: THE REWARDS PROGRAM IS ONLY AVAILABLE TO ELIGIBLE RESIDENTS OF THE UNITED STATES WHO OPEN A bluNATION ACCOUNT. IF YOU ARE NOT A UNITED STATES RESIDENT (OR OTHERWISE NOT ELIGIBLE FOR THE REWARDS PROGRAM), YOU MAY NOT REGISTER FOR THE REWARDS PROGRAM.***The Rewards Program is intended for an individual’s personal, non-commercial use only; enrollment and participation in the Rewards Program by groups, organizations and businesses is prohibited. There is a limit of one (1) bluNation® Rewards Account (as well as one (1) blu.com website account) per individual, which Account is non-transferable and cannot be merged with another Account. Any attempt by a person to open or maintain multiple accounts will be investigated as suspicious and/or fraudulent activity any may result in the suspension, termination and/or removal of all such Account(s) and, in certain cases, legal action.***The Rewards Program is a free (no membership fees) customer loyalty program sponsored by Fontem US, LLC. d/b/a blu e-Cigs (“blu” or “We””) that allows participants to earn rewards “Points” with qualifying purchases of blu® products or, from time to time, performance of qualifying promotional activities, as discussed in more detail below. ***We reserve the right to change or modify these Terms and Conditions or any related policy, FAQ, or guideline at any time, and any such changes will be effective immediately upon posting the revisions to www.blu.com website ) (the “Website”) and/or the bluNation® Rewards page at https://www.blu.com/en/US/blunation-program and/or by email. Your continued use and participation in the Rewards Program following any such changes or modifications shall be deemed your continued acceptance of the Terms and Conditions including any changes or modifications made by blu from time to time. You should review these Terms and Conditions and related policies, FAQs and guidelines related to the Rewards Program frequently to ensure you understand the terms and conditions govern your access to and participation in the program. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AS MAY BE CHANGED OR MODIFIED FROM TIME TO TIME, YOU MUST STOP ACCESSING AND PARTICIPATING IN THE REWARDS PROGRAM. ***We may terminate the Rewards Program at any time for any reason, even though termination may affect a Member’s ability to accrue or redeem Points. In such event, we will post notice of the termination of the Rewards Program on the Website and/or the Rewards Program page and/or may elect to provide notice of termination to Members using email. ***CREATING A BLUNATION® REWARDS ACCOUNT*** To create a bluNation® Rewards Account (an “Account”), you must be 21 years of age or older and complete the registration process on www.blu.com (the “Website”) by providing current, complete and accurate information required by the then-current registration process including your legal name, date of birth, gender, mailing address, zip code, password, legitimate e-mail address and certain additional information (such as, for example, your preferred contact method) (collectively, your “Profile Information”). By creating an Account, you agree to have your age verified by our third-party service provider. Creating a bluNation® Rewards Account and meeting the age verification and other requirements set forth above makes you a Rewards Program “Member” under these Terms and Conditions. In addition, when creating an Account, you can choose to provide access information related to your social networking accounts (e.g., Twitter, Facebook, FourSquare, Instagram etc.). Some or all of a Member’s Account information will be shared with blu’s third party service providers responsible for operating the Rewards Program platforms. For more information regarding how your personal information is used in connection with the Rewards Program, please see the “Privacy Statement” section below. ***We reserve the right to refuse to accept any individual’s attempted registration and deny access to or participation in the Rewards Program for any reason or no reason, without liability or obligation of any kind, including without limitation the obligation to notify the individual of the reason for rejection or denial of access. ***Once you create your Account and have accepted these Terms and Conditions, you can view and manage your Rewards Program Account (and redeem Points) by logging into your bluNation® Rewards Account. You are solely responsible for maintaining the confidentiality of your access credentials (including your password) and other Account information and solely liable for any and all activities on your Account (both your Website Account and your bluNation® Rewards Account). You agree to notify blu immediately in the event of any unauthorized use of your Account or if you believe the security of your Account has been compromised. ***HOW THE REWARDS PROGRAM WORKS (EARNING POINTS) ***In the Rewards Program, Members can accumulate and redeem loyalty rewards points (“Points”), on an individual basis (solely for their own Account) by either: 1. Uploading the bluNation product code for any qualifying blu® product purchased on our Website or from one of blu’s participating retail partners. Members who purchase a qualifying blu® product on our Website will also receive five (5) Points for each one U.S. Dollar ($1.00) spent. The number of Points earned per dollar spent on a qualified purchase may be modified by blu at any time, in which case we will notify Members by posting notice of the changes on the bluNation® Rewards page on the Website and/or by email. All purchases are subject to validation by blu, and we reserve the right to require proof of purchase including an original receipt. Qualifying blu® products will be designated in conjunction with their availability for consumer purchase. Points will be awarded based on the product’s pre-tax sale price. Points will not be awarded for purchases of qualifying blu® products using any other discount, coupon, promotion or offer (including bluNation Retail Coupons received via Point redemption, as discussed below). If a purchased qualifying blu® product(s) is later returned or exchanged, the purchase is voided either because the transaction could not be completed due to insufficient funds in Member’s checking or debit, or the transaction was otherwise unauthorized or is voided for any other reason, any Points associated with such transaction will be voided as well. Points cannot be earned in conjunction with the exchange or return of a previously purchased blu® product. ***or***2. Engaging in certain specified activities like watching videos, providing feedback or sharing User Content[ data, information or other material that a registered user of the Website may submit, upload, post, e-mail or otherwise transmit in connection with use of the Website in accordance with the Website Terms and Conditions [insert link] provided that such activities are completed by the Member in strict accordance with the guidelines established by blu from time to time relating to such activities. Such activity guidelines will be posted on the Rewards Program page and are incorporated by reference and made part of these Terms and Conditions by reference. The ability to earn Points based on a Member’s activities on social networking sites (for example, Facebook, Twitter, or Instagram) may be restricted by the terms, conditions or functionality of such sites. The Rewards Program is in no way sponsored, authorized or endorsed by any such social media platform. Please carefully review the terms and conditions governing any social media platform you may use before engaging in any activity. The number of Points earned for the performance of any such incentivized activity will vary based on the nature of the activity as specified in the applicable activity guidelines. ***Earned Points are ordinarily reflected in a Member’s Account within one (1) day after purchase of a qualifying blu® product or completion of a qualifying activity. ***Bonus Points: Members may also earn bonus Points by activating and completing bonus offers presented through the Rewards Program from time to time in blu’s sole discretion. Eligibility for Bonus Points is subject to the terms and conditions set forth in the guidelines posted on the Rewards Program page. ***REWARDS PROGRAM TIERS ***Beginning September 4, 2019, the Rewards Program will offer enhanced benefits based on Member’s achieving higher Rewards Points thresholds (“Tiers”). A Member’s tier status is determined by the number of Points accumulated in a calendar year. Currently, the Rewards Program has three Tiers denominated Blue (Entry Level), Silver (Mid-Level), and Gold (Top Level). For a breakdown of the Points required to qualify for each Tier, please go to the bluNation landing page at www.blu.com/en/US/blunation-program /tier-benefits. As of September 4, 2019, Members who already accumulated enough Points in calendar year 2019 to qualify for the Silver or Gold Tier will automatically qualify for the benefits (expanded redemption offerings) associated with such higher Tier for the remainder of 2019 and for 2020. ***A Silver or Gold Tier Member’s Tier status will be downgraded on January 1 of each calendar year (beginning January 1, 2021), if the total Points accumulated by the Member in the prior calendar year is below the number needed to qualify for that Tier. ***Forfeiture of all Points as the result of a Member’s Account going inactive (see section titled “Active Accounts / Forfeiture of Points” below), will not affect that Members’ Tier status. Such a Member can reactivate the Account and start earning Points again and still enjoy the expanded redemption options then currently available at such Tier level. ***For more information regarding the benefits associated with each Program Tier, go to https://www.blu.com/en/US/blunation-program.*** ******REDEEMING POINTS*** Points may be redeemed by a Member for reward items made available in the blu Rewards Catalog including bluNation Retail Coupons (where lawful) and discounts on Website purchases and provided that the Member’s bluNation® Rewards Account is active and the Member is registered at www.blu.com. To redeem Points for a given reward item in the blu Rewards Catalog, Members must have Redeemable Points accumulated in their Account equaling or exceeding the Points required to redeem the item as stated in the applicable catalog. Points will not be rounded up for purposes of redemption, nor can a Member purchase additional Points or transfer Points in order to attain a desired Point redemption threshold. Once Points are redeemed for an item in the blu Rewards Catalog, such order is final and the used Points, which will be immediately deducted from the Member’s Account, cannot be replaced, refunded or restored. ***Before processing any Points redemption transaction, blu reserves the right to request the Member to provide proof of compliance with these Terms and Conditions. Should blu determine that any materials or information provided in response to such a request are inadequate or defective in any way or should the Member fail to timely provide such requested materials or information, then blu, in its sole discretion, may void the transaction and/or in the case blu determines the Member has violated these Terms and Conditions, forfeit all Points accumulated by the Member without right of recourse or liability or obligation to such Member. ***Any and all applicable taxes on Points/reward items/usage of bluNation retail coupons for discounts on blu® products or other expenses incurred in conjunction with Program participation are the sole responsibility of Member, and You agree to fully cooperate with blu as to its compliance with all applicable governmental reporting requirements. You may be charged fees for shipping and handling of certain reward items, in which case, such fees will be disclosed to You at the time of Point redemption. ***Point Redemption for Discounts on Online Purchases: ***Points may be redeemed for a discount on the cost of blu® products purchased exclusively from blu’s online store accessible on the Website. The blu Rewards Catalog includes conditions for Point redemption such as the number of Points needed to redeem for any discount on the purchase price of blu® products and shipping methods. All conditions on Point redemption set forth in the blu Rewards Catalog are made a part of these Terms and Conditions and incorporated by reference herein. In the event of any inconsistency between the conditions on Point redemption rules in the blu Rewards Catalog and these Terms and Conditions, these Terms and Conditions shall govern. Availability of reward items may vary notwithstanding an item’s appearance in the blu Rewards Catalog (or in Rewards Program materials). We reserve the right, in our sole discretion, to contract, expand or otherwise modify the list of reward items for which Points can be redeemed in the blu Rewards Catalog or the value of Points or conditions for redemption, without prior notice or liability of any kind. ***Point Redemption for bluNation Retail Coupons:*** Points are redeemable for bluNation Retail Coupons in increments of 500 Points, except where prohibited as explained in the next paragraph. , We may modify the number of Points required for redemption for a bluNation Retail Coupon at any time by notifying Members as set forth below.***Due to local legal restrictions on coupons for discounts on e-cigarettes and related vaping products, points cannot be redeemed for bluNation Retail Coupons by Members who are residents of the following jurisdictions: MASSACHUSETTS; NEW JERSEY; NEW YORK; BELLEVUE, NE; BENNINGTON, NE; LA VISTA, NE; PROVIDENCE, RI; and KING COUNTY, WA. The legal landscape is constantly changing, and other jurisdictions not listed in the preceding sentence may have imposed similar restrictions since the date these Terms and Conditions were last updated. IF YOU ARE A RESIDENT OF ONE OF THESE JURISDICTIONS, YOU WILL NOT BE ALLOWED TO REDEEM POINTS FOR BLUNATION RETAIL COUPONS; AND, AS SUCH, THE OFFER OF BLUNATION RETAIL COUPONS IS NOT INTENDED AS A REWARD FOR YOU. ***bluNation Retail Coupons will be shipped free of charge via first class United States Postal Service mail to the Member’s to the mailing address provided by the Member when redeeming points. The Member is solely responsible for providing a valid, correct mailing address in order to complete the redemption of Points for bluNation Retail Coupon(s). All bluNation Retail Coupon(s) will be shipped within ten (10) business days of blu’s validation of the redemption request. If a redemption request results in the issuance of multiple bluNation Retail Coupons, such coupons may be shipped together or separately in blu’s sole discretion. No changes to a shipping or email addresses may be made after an order for a reward item has been submitted. BLU DISCLAIMS ANY AND ALL LIABILITY FOR LATE, LOST, DAMAGED, DELAYED, OR OTHERWISE MISDELIVERED MAIL OR FOR BLUNATION RETAIL COUPONS RETURNED AS UNDELIVERABLE MAIL FOR ANY REASON, AND IN ANY SUCH EVENT THE BLUNATION RETAIL COUPONS WILL BE DEEMED VOID AND WILL NOT BE REPLACED. Members must notify blu of any alleged defect in a bluNation Retail Coupon within seven (7) days of receipt and, blu, in its sole discretion, may elect to replace the Coupon (if blu determines that it is not appropriate to replace the coupon, blu will have no liability or obligation to such Member for the allegedly defective Coupon). ***bluNation Retail Coupons are redeemable at participating retail establishments where blu® products are sold in the Member’s jurisdiction, in accordance with the terms and conditions of use indicated on the Coupon, which terms and conditions are incorporated herein by reference and made a part of these Terms and Conditions. In the event of any inconsistency between the bluNation Retail Coupon terms and conditions and these Terms and Conditions, these Terms and Conditions shall control. ***ACTIVE ACCOUNTS / FORFEITURE OF POINTS WHEN ACCOUNT GOES INACTIVE*** To keep an Account active, Members must engage in one of the following three specified activities at least once every 180 days:***1) Making a purchase on a qualifying blu® product on the Website (www.blu.com) using your bluNation Account; ***2) Redeeming points for a Reward; or***3) Uploading a bluNation code to add points to your Account. ***If a Member fails to engage in at least one of the three activities specified above during any consecutive 180-day period, all redeemable Points in the Account shall be deemed forfeited. No cash refunds or other exchanges will be allowed for forfeited Points that have been removed from an Account based upon inactivity. ***PLEASE NOTE: NOT ALL POINTS-EARNING ACTIVITIES THAT RESULT IN THE RECEIPT OF POINTS QUALIFY AS POINTS-EARNING ACTIVITIES REQUIRED TO KEEP A MEMBER’S BLUNATION REWARDS ACCOUNT ACTIVE. YOU MUST ENGAGE IN ONE OF THE THREE ACTIVITIES SPECIFIED ABOVE AT LEAST ONCE EVERY 180 DAYS TO KEEP YOUR ACCOUNT ACTIVE AND AVOID YOUR POINTS EXPIRING. ***blu may, at its sole discretion, send you notifications as a courtesy to remind you that your Redeemable Points will expire upon the one hundred eightieth day of inactivity. blu is not obligated to send such a notification and disclaims any liability for errors contained in communications (for example, inaccuracy as to Point total). It is your sole responsibility to monitor your Account, and to track Points earned and determine whether (or not) such Points qualify as Points-Earning Activities necessary to keep your Account active. blu further reserves the right to update a Member’s Point total at any time prior to redemption of Points without notice or liability of any kind. ***If a Member continues to keep his or her Account active by engaging in one of the three activities specified above at least once every 180 days, then such Member’s redeemable Points DO NOT expire. ***OTHER IMPORTANT INFORMATION YOU SHOULD KNOW: *** You acknowledge and agree that:***(a) Points have no "real world" or cash value. To the extent your participation in the Rewards Program is subject to any federal, state or local tax laws, You are responsible for any required reporting and/or payment.***(b) Members have no property right or ownership interest in Points, which at all times remain the sole property of blu. ***(c) Points accumulated in your Account are personal to You and have no purpose or use except in exchange for benefits (rewards) offered by blu via the Rewards Program as per these Terms and Conditions. Points may not be sold, transferred (by operation of law or otherwise) assigned to or redeemed by another Member or shared with family, friends or other persons or used by you for any commercial or business purpose. Any attempt to transfer Points in any manner may result in suspension or termination of your Account and future ineligibility to create or participate in any similar program offered by blu or its affiliates.***(d) Rewards offered for the redemption of Points may be time-limited or available only in limited quantities, as well as being subject to other conditions/criteria indicated by blu at the time of Point redemption on the Rewards Program page or in the Rewards Catalog.***(e) Points may only be used in the Rewards Program in accordance with these Terms and Conditions and cannot be redeemed or transferred by You to any other program (whether or not such other program is offered by blu).***(f) Rewards Program Accounts, Points or Reward items may not be used for any unlawful purpose or in connection with any unlawful activity. ***(g) Should a Member’s bluNation® Rewards Account and/or registration at blu.com be terminated by blu for any reason (including , without limitation, fraudulent activity as discussed below), all Points previously accrued by such Member shall be forfeited without compensation, and blu shall have no liability or obligation to such individual. ***TERMINATION OF THE REWARDS PROGRAM*** The Rewards Program may be terminated by blu at any time, for any reason, in which case blu shall endeavor to provide four (4) weeks’ advance notice of termination of the Program. In the event of termination, Members will have an additional four (4) weeks from the Rewards Program termination date to redeem their Points for reward items and/or bluNation Retail Coupons (where lawful). ***GOVERNING LAW / JURISDICTION*** By registering for blu.com and creating a bluNation® Rewards Account, you understand and agree, to the fullest extent permitted by law, that (a) the Rewards Program and these Terms and Conditions are subject to the laws of the State of North Carolina without regard to the choice of law/conflict of law principles of North Carolina (or of any other jurisdiction which would result in the application of such jurisdiction’s law); (b) any dispute, action or claim regarding the Rewards Program must be brought exclusively in the U.S. District Court for the Western District of North Carolina or in North Carolina state court located in Charlotte, North Carolina; (c) as well as agreeing to the jurisdiction of such courts, you expressly waive any claim or inconvenient forum, change of venue or the like; (d) that any such dispute/action/claim will be brought individually and not as part of a class action; and (e) your recovery in any such dispute/action/claim shall be limited to your actual costs incurred in participating in the Rewards Program, with all other damages or other forms of recovery being expressly waived. ***Should this or any other section of these Terms and Conditions be deemed by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be stricken and replaced with a substitute provision which is valid and enforceable and most closely approximates the original intent of blu. The invalidity/unenforceability of one provision shall not affect any other provision of these Terms and Conditions. ***PRIVACY STATEMENT*** We are committed to protecting your privacy. Please review the blu Privacy Policy, which policy is incorporated herein by reference, for an explanation of how blu collects and uses your personal information in conjunction with your use of the Rewards Program and the Website. By agreeing to these Terms and Conditions, you consent to the sharing of your Account Information, including your Profile Information, with blu’s third party service providers for the purpose of operating the Rewards Program partners. As a Member you will be solely responsible for maintaining and updating your Account information to ensure that it is always current, complete and accurate. ***FORCE MAJEURE***If, for any reason, certain features or functionality of the Rewards Program (or any part thereof) are impaired as the result of a computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, pandemic or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes which, in blu’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Rewards Program (or any part thereof), we reserve the right in our sole discretion (subject to applicable law) to cancel, terminate, modify or suspend the Rewards Program or any element of the Rewards Program immediately by giving notice and shall have no further obligation to any Member. We will provide notice of such action by posting a notice on the Website and/or on the Rewards Program page. ***LIMITATION OF LIABILITY***BLU IS NOT RESPONSIBLE FOR (I) ANY INCOMPLETE, INCORRECT OR INACCURATE REGISTRATION OR ACCOUNT INFORMATION, WHETHER CAUSED BY TAMPERING, HACKING, EQUIPMENT MALFUNCTION/FAILURE OR OTHER CAUSE; (II) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS INVOLVING WEBSITE REGISTRATION OR ACCOUNT CREATION; COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, REGISTRATION/ACCOUNT CREATION MATERIALS OR POINTS; (III) ANY PROBLEMS OR TECHNICAL MALFUNCTIONS, DISRUPTIONS OR FAILURES OF ANY KIND, INCLUDING THE FUNCTIONALITY OF TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS OR PROVIDERS, SOFTWARE OR PROGRAMMING, OR FOR DAMAGE TO MEMBER’S COMPUTER OR THE COMPUTER OF ANY OTHER PERSON (OR THE INFORMATION STORED ON ANY SUCH COMPUTER) DUE TO PARTICIPATION OR ATTEMPTED PARTICIPATION IN THE REWARDS PROGRAM; (IV) ERRORS OF ANY KIND IN REWARDS PROGRAM MATERIALS AND/OR BLU.COM REGARDING THE REWARDS PROGRAM; (V) UNDELIVERABLE, LATE, LOST OR MISDIRECTED SHIPMENTS OF REWARD ITEMS OR BLUNATION RETAIL COUPONS (OR ABILITY TO REDEEM POINTS FOR BLUNATION RETAIL COUPONS) DUE TO AN INCOMPLETE, INACCURATE OR OUT-OF-DATE SHIPMENT ADDRESS; OR (VI) ANY NON-DELIVERY, DAMAGE, DEFECT OR ANY OTHER PROBLEM ASSOCIATED WITH ANY MERCHANDISE, GIFT CARDS, SERVICES OR OTHER REWARD ITEMS THAT MAY PERIODICALLY BE OFFERED OR MADE AVAILABLE FOR PURCHASE FROM THIRD PARTY MERCHANTS OR RETAILERS THROUGH THE REWARDS PROGRAM. ***IN NO EVENT SHALL BLU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE REWARDS PROGRAM, ANY THIRD-PARTY MERCHANDISE OR SERVICES OFFERED BY A MERCHANT PARTNER OR SERVICE PROVIDER THROUGH THE REWARDS PROGRAM OR ANY INFORMATION PROVIDED IN CONJUNCTION WITH THE REWARDS PROGRAM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ***RELEASE***BY PARTICIPATING IN THE REWARDS PROGRAM, MEMBER AGREES TO RELEASE AND HOLD HARMLESS BLU, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE REWARDS PROGRAM OR RESULTING DIRECTLY, INDIRECTLY FORM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY ITEM GIVEN IN CONNECTION WITH THE REWARDS PROGRAM, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. ****** ***FRAUDULENT, UNAUTHORIZED OR UNLAWFUL ACTIVITIES*** We reserve the right, without notice of any kind, to suspend, deactivate, disable, terminate and/or remove a Member’s Account if we determine in our sole discretion that a person (a Member or any other person) has violated these Terms and Conditions in any way, has engaged in suspicious or fraudulent account activity, or has engaged in any unlawful activity in any way related to the Account. Suspicious or fraudulent activity includes, but is not limited to, using any script, bot or other software application that runs automated tasks to perform tasks to simulate compliance with the requirements of these Terms and Conditions for the purpose of earning Points or creating multiple accounts. Any deactivation/disabling/removal of a Member’s account shall in no way limit or prejudice any other remedies blu may have under any agreement or applicable law or regulation NOT represent the sole remedy available to blu in the event suspicious or fraudulent conduct by an individual; and, blu expressly reserves the right to pursue all available legal recourse in such event. ***RETURN POLICY*** If Points are redeemed for a discount on a blu® product, the blu® product purchased will be subject to the Return Policy set forth in the Website Terms and Conditions. ***HOW TO CONTACT US*** If you have any questions or comments about the Terms and Conditions of the Rewards Program, please click here or write to us at: ***Fontem US, LLC***Attn: Customer Service - bluNation Rewards***Fontem US LLC, 714 Green Valley Road,***Greensboro, NC 27408 or call Customer Service at: 1-888-207-4588 (toll free). ***TRADEMARKS******blu® and bluNation® are trademarks of Fontem US LLC.

### Last Updated: January 15, 2019 ### Terms and Conditions of your use of this Website These Terms and Conditions (“Terms”) govern the relationship between Fontem US, Inc. d/b/a blu eCigs (“blu,” “us,” “we” or “our”) and you regarding your access and use of all blu websites (collectively, the “Website”). These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USE OF THIS WEBSITE. This Website and your blu.com account***This Website is intended only for the use by adults who are the legal age to consume our vaping product. blu limits purchase of its product via its Website to individuals that are the legal vaping age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. blu does not warrant or guarantee that compliance with these Terms of Service will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website. If you create a blu.com account, you are responsible for maintaining the confidentiality of your account and password. By accessing or using the Website, you represent and warrant that you are of legal vaping age, and that you have not been previously suspended or removed from the Website, or engaged in any activity that could result in suspension or removal from the Website. By creating an account, you consent to receive electronic communications from blu (e.g., via email or by posting notices to the Website). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. Age Restriction. You must be of legal vaping age or older to access this Website. We restrict our Website and marketing contact list to individuals who have certified that:***1. they are vapers,***2. they are at least twenty-one (21) years old (or are at least eighteen (18) years old, meet other requirements and are of legal vaping age or older in their local jurisdiction),***3. they want to be added to our contact list in order to receive content, offers, and advertising from blu, and***4. they understand that providing false information may constitute a violation of law.***We take the prevention of underage use very seriously. blu vapor products and all other nicotine products should never be used by anyone under the legal age. Before a certified adult consumer is added to our marketing contact list or shipped any purchased product, we independently verify that the consumer is the legal vaping age or older. We reserve the right to restrict sales to adults at least twenty-one (21) years old, even in jurisdictions that allow sales to younger adults.***Additionally, no tobacco-based or nicotine product should be considered safe. If you have any health concerns about use of blu vapor products or any other tobacco product, we recommend that you consult with your physician.***CALIFORNIA PROPOSITION 65 ***WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. ***WARNING: This product can expose you to chemicals including formaldehyde, which is knows to the State of California to cause cancer, and nicotine, which is known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.***FDA WARNING: This product contains nicotine. Nicotine is an addictive chemical.***Geographic Restrictions. You agree that you will not access this Website from any territory where the content or use of the Website is illegal. You are solely responsible for complying with all applicable local laws.***You further acknowledge and agree that you must be of legal age to purchase or consume any of blu’s vapor products or to participate in any of our promotions or other offers on this Website or otherwise. ### License Unless otherwise indicated in writing by us, the Website and all content and other materials contained therein, including, without limitation, the blu logo and all designs, text, graphics, pictures, information, data, software, User Content, other files and the selection and arrangement thereof (collectively, “Content”) are the property of blu or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.***Subject to these Terms, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Website and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Website or Content under these Terms, or any other rights thereto other than to use the Website in accordance with the license granted, and subject to all terms, conditions and restrictions of these Terms.***However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Website or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Website or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Website or Content, except as expressly permitted by us, (f) use the Website to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Website or servers or networks used in connection with the Website; or (h) use the Website or Content other than for their intended purposes.***Any use of the Website or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of blu or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time. ### Links Although this Website may be linked to other Websites, blu does not endorse, approve, certify or sponsor the linked Website unless specifically stated therein. blu is not the owner of, does not control and is not responsible for any content of any Website linked to this Website. Your linking to other Websites is at your own risk.***Governing Law***This Website has been designed to comply with United States law. blu does not represent that the content of this Website is appropriate for locations outside the United States. If you access this Website from locations outside the United States, you are responsible for complying with all applicable local laws.***Privacy Statement blu is committed to processing and protecting the personal data collected through the Website when you use the Website in compliance with its obligations under applicable privacy laws, laws governing the privacy of your personal data, including, if applicable to you, the European Union General Data Protection Regulation. blu’s policy is to retain personal data necessary to provide our services, except that we may retain your personal data for longer periods where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce these Terms, or fulfill your request to “unsubscribe” from further messages from us. This policy applies to personal data that you or others provided to us and personal data generated or inferred from your use of our services. When blu is the data controller, we will decide how your personal data is processed and for what purposes. For additional information about your rights and your personal data, what data is collected, how it is processed, protected, shared, and how long it is retained, please see the blu’s Privacy Policy located at https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html. Where blu has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, blu may disclose IP addresses, personal information, and any contents of the Website where it is legally compelled to do so. ### Trademarks and Copyright The copyrights to all contents of this Website are proprietary to blu or its third party licensors, and you may not reproduce, post on any other Website, modify, distribute or transmit any portion of this Website without the express written consent of blu. Any name, logo, trademark or service mark contained on this Website is owned or licensed by blu and may not be used by you without the prior written consent of blu. You may access this Website for your individual non-commercial use only. ### Material you Submit You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Website. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Website. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR. You agree that you will not, and will not permit anyone else to, directly or indirectly: • Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; ***• Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; ***• Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Website. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. By uploading, posting or submitting User Content to the Website or to our pages or feeds on third party social media platforms (e.g., blu’s Facebook page, LinkedIn page or Twitter feed), you hereby grant blu a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes, however, blu will only share personal information that you provide in accordance with our Privacy Policy at https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html. You acknowledge and agree that blu may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of blu, its customers or the public. ### Accuracy of Content Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, blu makes no warranties as to its accuracy. We attempt to be as accurate as possible when posting Content. We do not warrant that product descriptions or other content is accurate, complete, reliable, current or error-free. We implement a number of security features to help guarantee and ensure to the greatest extent possible that your information is safe. We use industry standard technologies when transferring and receiving user data exchanged between blu and third parties to ensure its security. User data may be stored on servers maintained by our third party partners and subject to their security safeguards which are periodically audited, with certifications from accreditation bodies across geographies and verticals. All financial transactions are made securely. Please see blu’s Privacy Policy located at https://www.blu.com/en/US/faqs/our-policies/Privacy-Policy.html for additional information relating to the privacy and security of information collected hereunder. ### Indemnification and Disclaimers You shall indemnify, hold harmless, and, at blu’s option, defend blu from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by blu resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Website, any User Content that you Transmit to or through the Website, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Website or any of its features. You further agree that blu shall have control of the defense or settlement of any third party claims, unless blu exercises its option to require you to defend blu. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and blu. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BLU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANYKIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIAL ON THE WEBSITE IS NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIAL FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ### Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLU BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE SITE (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, AND LINKS TO THIRD PARTY SITES), OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BLU, OR FROM EVENTS BEYOND BLU’s REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BLU RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BLU ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE EXCEED THE AMOUNT PAID TO BLU FOR ANY PRODUCTS OR SERVICES IN THE NINETY (90) DAYS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE BLU’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” ### Arbitration and Class Action Waiver PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH BLU AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU AND BLU AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OR THE SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and blu agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. blu further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and blu are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the services. REGARDLESS OF THE FORUM, YOU AND BLU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and blu agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. ### Fraudulent Activities blu reserves the right at blu’s discretion to deactivate, disable and remove any suspicious or fraudulent account with or without notice. By creating a blu.com account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account and/or password. Any changes to your registration information may be made by sending such changes to Customer Service at https://www.blu.com/en/US/contact-us. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Website. You are entitled to refunds, reimbursements, credits, and exchanges for any portion of your account balance only at the discretion of blu and only if a request for such a reimbursement has been made by you. blu reserves the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products offered; (c) change or update information in connection with any products offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties, including resellers. It is your duty to ensure the contact information you provided is up to date and accurate.***If your payment method has already been charged for an order that is later modified or cancelled, blu shall issue you a refund in the amount of the incorrect price back to your original method of payment. We apologize for any inconvenience this may cause you. You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from blu without blu’s prior written consent. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will void the product warranty and may be subject to civil action and/or criminal penalty, as prescribed by law. ### Modification of these Terms These Terms may be revised at any time for any reason, and blu may provide you notice of these changes by any reasonable means, including by providing notice through the Website. You can determine when we last updated the Website by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under data protection law, by continuing to access, browse or use the Website, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Website to review these Terms. If you do not agree to the revised Terms, you may not access or use the Website. ### Pricing Except where noted otherwise, the prices displayed for blu vapor products represent the full retail price listed on the product itself. We cannot confirm the price of an item until you complete an online order form; however, we do not charge your credit card until after your order has entered the shipping process. ### Quantity Restrictions We reserve the right to limit the quantity of products that may be purchased through our Website. ### Purchases by Minnesota Residents Minnesota residents may be required by the Minnesota Department of Revenue to pay additional taxes and fees due as a result of their purchases from blu. ### Purchases by California Residents If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. ### Point Exchange for Merchandise We stand behind the quality of our products and guarantee to the original purchaser that our products shall be free from defects in material and workmanship for a period of one year from the original purchase date. This warranty applies to electronic components under normal use and is subject to all product usage documentation. In the event you need to request a partial point exchange for your blu battery or charger, complete the online [Point Exchange Requisition for Merchandise (PERM)](https://www.blu.com/en/US/web2case) form. If you do not have a Website account, you will be asked to set one up. Your request must be received within one (1) year from the original purchase date. We reserve the right to refuse any point exchange request that does not meet these requirements. All sales are final. blu flavor cartridges and disposable products are NOT eligible for point exchange. ### Cancellation of Orders We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information. ### Severability If any provision of these Terms and Conditions shall be deemed unlawful, void or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not affect the validity and enforceability of any remaining provisions. ### Miscellaneous These Terms constitute the entire agreement between you and blu relating to your access to and use of the Website. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of blu. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and blu’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. ### How to Contact us If you have any questions or comments about the Terms and Conditions of this Website, please Contact Us or write to us at: blu eCigs***Attn: Customer Service***Fontem US, Inc.***714 Green Valley ***Greensboro, NC 27408

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WARNING: This product contains nicotine. Nicotine is an addictive chemical.

Underage Sale ProhibitedVapor Products