MEMBERSHIP PROGRAM TERMS AND CONDITIONS
These Membership Program Terms and Conditions (the “Terms“) are an agreement between you (“you” or “Member“) and Leafwell, Inc. (“Leafwell,” “we,” “us“). Some membership benefits may be provided by third parties (for example, dispensaries, pharmacies, or other partners). Those third parties are not parties to these Terms, and your use of their services may be subject to their own terms and policies.
1. Definitions.
- “Member” means the individual who enrolls in the Leafwell membership program and pays (or has paid on their behalf) the applicable membership fee.
- “Member Services” means the suite of benefits and services provided under the Leafwell Member Program, including but not limited to: educational resources, dispensary discounts, telepharmacist consultations, and medical cannabis certification evaluations, as described in your Plan Details.
- “Membership Term” means the length of time your membership is active, as stated in the Plan Details.
- “Installment Plan” means a payment option where the total cost of a Membership Term is paid in periodic installments (for example, monthly) during that term.
- “Plan Details” means the specific membership plan you select (including the plan name, included benefits, limits, discount amounts, eligibility rules, term length, renewal settings, and price), as displayed (i) at checkout, (ii) in your Leafwell account/member dashboard, and/or (iii) in any state-specific or partner-specific plan description or addendum presented to you at enrollment.
- “Service Site(s)” means Leafwell websites, applications, portals, and other digital properties we operate to deliver Member Services.
- “Third-Party Providers” means any non-Leafwell entity that may offer discounts or services to Members (for example, dispensaries or pharmacies). Third-Party Providers may set and change their own terms and availability.
2. Member Services and Eligibility.
Access to the Leafwell Member Program is available to individuals who meet the minimum age and residency requirements under applicable law in the states where the Program is offered. Enrollment in the Program may occur directly through Leafwell or indirectly through a Participating Provider, employer, or association partner. Your membership benefits, limits, and eligibility rules are defined by your Plan Details. If anything in these Terms conflicts with your Plan Details, the Plan Details control for your membership. We may add, remove, or modify Member Services generally. However, during an active, paid Membership Term, we will not materially reduce the core benefits included in your Plan Details, unless required by law, regulation, a Third-Party Provider change outside our control, or for fraud/abuse prevention (in which case we will provide a reasonable substitute benefit or pro-rated remedy where required by law). Some benefits are available only in certain states and may require residency verification, age verification, or other eligibility steps.. Should such terms be granted, Leafwell shall extend the same to all other qualifying Participating Providers upon request. All Leafwell Members must present valid proof of membership to the Program to access any in-store or digital Member Service. All digital Member Services can be accessed through a secure online account established by the Member. Leafwell Members must log into their individual accounts to utilize available services or manage their preferences.
3. Dispensary Benefits.
If your Plan Details include dispensary or retail discounts, eligible Members may receive discounts from participating third parties. Discounts vary by location, product, and time, and may change or end without notice due to third-party policies or legal requirements. Leafwell does not set third-party pricing, control inventory, or guarantee that any discount will be available at a particular location. Leafwell does not require you to use any particular dispensary or product, and nothing in the membership program is intended to influence clinical decision-making or your choice of provider or dispensary.
4. Telepharmacist Services.
If your Plan Details include telepharmacist consultations, you may have access to provider-led educational sessions through Leafwell’s platform subject to the limits and rules in your Plan Details (for example, discounted pricing, a set number of sessions, or annual caps). These sessions are for educational and informational purposes and are not a substitute for medical care. Providers do not diagnose conditions or prescribe medications through these sessions. Any product-related discussion is based on information that may be publicly available or provided by partners and is intended to support informed decision-making, not to direct you to a specific product or seller.
Medical Card Consultations
Medical card consultations provided through Leafwell are evaluations to assess whether a Member meets the eligibility criteria established by their state’s medical cannabis program. These consultations are not medical diagnoses and do not constitute medical treatment or medical advice. Leafwell evaluators are state-qualified evaluators and conduct consultations in accordance with applicable state law.
Evaluation Outcomes. Leafwell does not guarantee that any Member will receive a medical card certification. Certification depends on the independent clinical judgment of the evaluating provider and state-specific eligibility requirements. If a consultation results in a denial of certification, the Member may not be eligible under their state’s program, and Leafwell bears no liability for that determination.
Member Responsibility. You are responsible for confirming your state residency and eligibility before scheduling a consultation. You acknowledge that evaluation outcomes are final and based on the provider’s professional judgment.
Educational Nature of Consultations. Telepharmacist consultations and educational resources provided through Leafwell are informational only and do not constitute medical advice, diagnosis, treatment, or a physician-patient relationship. Leafwell providers are not your personal physicians and cannot provide medical care. You are solely responsible for verifying all information with a licensed healthcare provider in your state and complying with all applicable state and federal laws. Nothing in these consultations should be relied upon as a substitute for professional medical judgment.
5. Certification Services, Payments, Term, Cancellation, and Refunds.
Cancellation Grace Period. You may cancel your membership within 7 days of enrollment and receive a full refund of your membership fee, provided you have not used any discounted or complimentary medical card consultation service during that period.
After the Grace Period. After the initial 7-day grace period, membership fees are non-refundable. If you cancel after using a discounted or complimentary medical card consultation, you agree that Leafwell may require you to repay the consultation value. The repayment amount equals the difference between the standard non-member price ($99 in most states) and the amount you actually paid as a Member, plus any applicable processing fees.
Monthly Installments. If you enrolled in a monthly installment plan, each monthly payment covers your membership for that calendar month. Cancellation will stop future charges but will not refund fees paid for completed billing cycles. Your cancellation takes effect at the end of your current billing cycle.
Membership Fees Are Non-Refundable. Except as provided above (7-day grace period with no consultation use), all membership fees paid to Leafwell are non-refundable and are not a deposit, credit, or prepayment toward any consultation costs or other charges.
Auto-Renewal Terms
Your membership will automatically renew at the end of each Membership Term unless you cancel before the renewal date.
Renewal Details:
- Renewal Date: Will be the first day of the next Membership Term. Customer notified by email 5 days prior to renewal date.
- Renewal Price: Same as current plan, or note if price may increase
- Renewal Frequency: Monthly / 7-Months / Annually (based on your plan)
How to Cancel Auto-Renewal: Cancellation stops future auto-renewal charges. To cancel, contact Leafwell Support via:
- In-app chat (available in your account dashboard)
- Email (support@leafwell.com)
Failed Payments and Account Suspension. If a renewal charge fails, we will attempt to re-charge your payment method up to 3 times over 7 business days. If payment is not received within this period, your membership may be suspended. Suspended accounts lose access to membership benefits until payment is received. We will send you email notifications of any failed charges and suspension warnings.
6. Membership Use and Access.
Membership benefits are for the individual Member only and are not transferable. To access benefits, you may need to use a digital Member QR code, or your Leafwell account. You agree not to share or misuse membership credentials. We may suspend or terminate a membership for fraud, abuse, chargebacks, credential sharing, or material violations of these Terms. If we terminate for cause, you may lose access to remaining benefits, subject to applicable law.
7. Control of Service Site.
Leafwell retains exclusive control over the Service Site, including its content, features, user experience, and functionality. We may update or change the Service Sites from time to time to improve functionality, comply with law, or maintain security. We do not guarantee uninterrupted access, and occasional downtime may occur. The Service Site is provided “as is,” without warranty of fitness for a particular purpose.
8. Member Services – Complaint Resolution.
If you have a question or complaint about your membership or Leafwell-provided services, contact Leafwell Support through the Service Sites. If your issue relates to a third-party discount or third-party service, we may direct you to the third party’s support process, and we may also help facilitate resolution where practical.
9. Member Information Confidentiality and Privacy.
Leafwell handles personal information as described in our Privacy Policy, which is incorporated by reference. Some benefits may require us to share limited information with third parties (for example, to verify membership eligibility for a discount). We do not sell your personal information except as described in the Privacy Policy, and you may have rights under applicable privacy laws depending on your state of residence.
10. Intellectual Property.
The Service Sites and their content are owned by Leafwell or its licensors and are protected by intellectual property laws. Leafwell’s name and logos are trademarks of Leafwell. You may not use them without our permission, except as allowed by law..
11. Representations, Warranties, and Indemnity.
Leafwell provides the membership program and Service Sites on an “as available” basis. To the maximum extent permitted by law, Leafwell disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement.
Third-Party Providers are responsible for their own products, services, and discounts. Leafwell is not responsible for third-party acts or omissions, including changes to pricing, inventory, or discount availability..
12. Limitation of Liability.
Except as expressly provided, neither Party shall be liable for indirect, incidental, special, or consequential damages. Some states do not allow the exclusion or limitation of certain damages; in those states, these limitations apply only to the extent permitted by law. Total liability under these Terms shall not exceed the total amount paid to Leafwell by a Member in connection with their Program participation.
13. Miscellaneous.
(a) Independent Relationship. The relationship between Leafwell and any Participating Provider or Member is strictly that of independent parties. Nothing in these Terms shall be interpreted to create an agency, joint venture, partnership, or employment relationship.
(b) Assignment. Neither Party may transfer, assign or sell these Terms without the prior written permission of the other Party, provided that either Party may assign these Terms and its rights and obligations hereunder in connection with a corporate reorganization, merger, or sale or transfer of all or substantially all its assets. These Terms shall be binding upon and shall inure to the benefit of each Party and its permitted successors and assigns.
(c) Complete Agreement. These Terms and other documents or materials referenced herein are the exclusive statement of the agreement of the parties with respect to its subject matter as of this date and supersedes all prior written or oral agreements. Other than as set forth above, no amendment, waiver or discharge of any provision of these Terms are valid unless made in writing and signed by an authorized officer each of Leafwell and Partner.
(d) No Implied Waivers. The failure of either Party to enforce at any time any of the provisions of these Terms, or the failure to require at any time performance by the other Party of any of the provisions of these Terms, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the ability of either Party to enforce each and every such provision thereafter. The express written waiver by either Party of any provision, condition or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
(e) Force Majeure. Neither Party shall be liable for any delay or failure in performance under these Terms, or for any interruption of services rendered hereunder, which result directly or indirectly from acts of God, civil or military authority, act of public enemies, war, accidents, fi res, explosions, earthquakes, floods, the elements or any other similar cause beyond the reasonable control of the non-performing Party, provided that, in order to be excused from delay or failure to perform, the non-performing Party must act diligently to remedy such delay or failure. In the event such delay continues for five (5) or more consecutive days, the other Party shall have the right to terminate these Terms upon notice to the non-performing Party.
(f) Severability. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
(g) Headings; Construction. The headings of various paragraphs of these Terms are inserted merely for the purposes of convenience and do not expressly or by implication limit, define, or extend the specific terms or text of the paragraph so designated. In resolving any dispute or construing any provision hereunder there shall be no presumptions made or inferences drawn because one of the parties drafted these Terms and each Party waives any rights under any law that would require the interpretation of any ambiguities in these Terms against the Party that drafted it.
(h) Governing Law. These Terms shall be governed by the laws of the State of Delaware, without regard to its conflicts of law principles. Each Party hereby irrevocably consents to personal jurisdiction in the federal and state courts located in the state of Delaware and irrevocably waives, in connection with any such action or proceeding, any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction.
(i) Dispute Resolution. Any disputes arising from this Agreement, including disputes related to medical card consultations or telehealth services, shall be resolved exclusively by arbitration in accordance with the Delaware Rapid Arbitration Act. Hearings will be conducted via secure video unless the parties agree otherwise. The parties agree that the use of videoconferencing technology shall not serve as a basis for any objection or challenge to the award in any action in a state or federal court of competent jurisdiction. The arbitration will be administered pursuant to the Delaware Rapid Arbitration Act (the “DRAA”) and conducted before a single arbitrator pursuant to its applicable rules, available at Delaware Corporate Law – Delaware’s Options for Alternative Dispute Resolution. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
(j) Notices. Notices may be provided to you by email, through your Leafwell account, or by posting on the Service Sites. Notices to Leafwell must be sent to the support or legal contact address listed on the Service Sites.
(k) Changes to These Terms. We may update these Terms from time to time. If we make material changes, we will provide notice through the Service Sites or by email. The updated Terms will apply starting on the effective date stated in the notice. If you do not agree, you may cancel your membership before the changes take effect.