Effective December 20, 2019, the new federal minimum age for sale of tobacco products is 21 years old. We only sell blu® products to adult customers who are at least 21 years old, age-verified, and registered account members on blu.com. blu takes the responsibility to only sell to adult consumers very seriously and adheres to all state and federal regulations. 2- How does the blu age verification process work? The age verification process begins when you create an account on our website. You can begin this by clicking the “Login” button at the top right of any page. Once you have entered the required information for account setup, your information is validated through Persona, our third-party independent age verification system. Please note that it may take up to 2 business days for the verification process to be completed. Should your verification request be denied, you will be notified via email. Note that if you change your address information under “My Account” for any reason, you will undergo the age verification process automatically. 3- Do I have to be age verified every time I place an order on blu.com? No, once you initially create your account and are age verified, your information will be saved and stored as part of your account information. However, if you make an address change to your account the age verification process will be automatically initiated. 4- I live outside the US. Can I be age verified? At this time we are unable to ship to or verify those outside of the United States. This also applies to US territories including American Samoa, Guam, Puerto Rico, US Virgin Islands, and the Norther Mariana Islands. 5- Can I buy a blu product as a gift and ship it to someone else? No, the billing and shipping addresses must be the same address for all customer accounts that are created on blu.com. 6- What are acceptable forms of ID? Identification options include the following valid forms of government-issued photo identification: Passports (from any country- with English translation), Green Cards or Permanent Resident Cards, Visas (from any country- with an English translation), Military IDs (must be photographed front and back), Driver’s Permits, and Driver’s Licenses of any country with an English translation. All identification must contain a photo, date of birth, valid address and must not be expired. Photocopies are not accepted. Proper identification must have a US address that matches the billing and shipping addresses entered in your blu.com account information.

UPDATED Effective Date: January 1, 2022. ***To view, download and/or print this Privacy Policy, click*** [here](https://assets.ctfassets.net/ekvyfobrxnqa/3CA23RPGr1UDPxzgbLGPtr/bccab5c53085e61225279e3eca193300/2022_Privacy.pdf).

California Privacy Notice

UPDATED Effective January 1, 2022 ***To view, download and/or print this blu California Privacy Notice, click*** [here](https://assets.ctfassets.net/ekvyfobrxnqa/SNhj0IlVD9peSo2Ml6P4e/e5671336442137b0cd99a9f68cc11766/2022_CCPA.pdf).

### 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. ***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.***

UPDATED Effective January 1, 2022 ***To view, download and/or print this Terms of Use, click*** [here](https://assets.ctfassets.net/ekvyfobrxnqa/3j41Upn7n14iyiEfOq9j6K/57be189e6e8a89e2afef0e10e5df7c07/2022_Terms-conditions.pdf)

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