a) The Pipes Premier Rewards membership shall include the following loyalty reward benefits: (i) 10% rebate for all purchases made at Pipesandcigars.com;

(ii) Shipping rebate for all purchases made at Pipesandcigars.com;

(iii) Shipping and return shipping rebate (up to $500 per membership year for each rebate) for all
purchases made through the Program's Website;

(iv) shopping discounts and 10% back loyalty rewards on purchases made through the Rewards Network;

(v) $5 monthly movie ticket rebate (up to 4 tickets per month and $200 a year); (vi) $10 monthly restaurant rebate (up to $120 per year); and

(vii) a one-time welcome reward of $10, available only once per membership, credited to your account after joining the Program and must be claimed on the Earning Page of the Program's Website.

(b) LVPenn Sales, LLC shall not be deemed a merchant, vendor, or supplier of any products or services provided to you through the Program.

(c) All loyalty rewards are delivered via a Pipes and Cigars electronic gift card (“e-gift card”), on a monthly basis, to your Pipes Premier Rewards member account. An e-gift card is nontransferable and non-redeemable for cash (no cash value). You must be an active Pipes Premier Rewards member at time of purchase and redemption.

a) Purchases made by you online in accordance with this Section 2 are eligible for loyalty rewards (the ‘'Rewards Network''). To qualify for loyalty rewards, you must access the participating merchants' websites through www.pipespremier.com (the ‘'Program's Website''), and pay for your online purchase. Purchases you make by going directly to a participating merchant's website do not qualify for loyalty rewards. The Rewards Network is only available via access to the Program's Website.

(b) Subject to the terms and conditions described in this Agreement, you will be credited in the form of an e-gift card an amount equal to ten percent (10%) of the net purchases made by you at the online merchants, vendors, or suppliers participating in the Rewards Network (each, a ‘'Participating Merchant''). The net purchase is defined as the total amount paid to the Participating Merchant minus tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as is otherwise set forth on the Program's Website with respect to such Participating Merchant, whichever is less. Purchases made by you from Participating Merchants will be deemed a ‘'Qualified Purchase'' and will be subject to earn loyalty rewards if and only if all of the following criteria are satisfied: (1) ‘'cookies,'' both first and third party (if applicable), must be enabled on your web browser; (2) all potential Qualified
Purchases must begin by clicking on the Participating Merchant's link that appears on the Program's Website and being successfully connected to the Participating Merchant's website based upon that click; (3) such purchases do not violate any Participating Merchant specific terms set forth on the landing page for that merchant; and (4) you must have a valid email address registered to your account. The Program's Website may, at all times, route your request to a Participating Merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate your sale, which will not be deemed a Qualified Purchase. The determination of whether a purchase made through a Participating Merchant is a ‘'Qualified Purchase'' is at the sole discretion of LVPenn Sales, LLC. Loyalty rewards awarded to you hereunder are subject to adjustments for returns, cancellations, and other events. LVPenn Sales, LLC may apply such adjustments to your Program account at any time at its sole discretion. If you disagree with any adjustments made to your Program account, your sole remedy is to withdraw from the Program. Certain Participating Merchants have a list of purchases that are not eligible for accrual or payment of loyalty rewards. Those restrictions are set forth on the landing page for that Participating Merchant. In addition, prescription medication, monthly deliveries, such as wine-of-the-month clubs and pet foods, gift certificates (with the exception of SpaWish), and purchases that are picked up at a warehouse or a store location will not be deemed a Qualifying Purchase. In addition, loyalty rewards on travel reservations or purchases will accrue solely upon completion of the travel and full payment. In addition, if you place more than ten (10) orders or transactions from a single Participating Merchant in any single calendar day, any items contained in orders placed after the tenth order will not be deemed Qualifying Purchases. There is a maximum eligible loyalty reward amount (“Rewards Maximum”) of three hundred dollars ($300.00) for all Qualifying Purchases in any calendar month; any orders or transactions made from a Participating Merchant in a calendar month after reaching the Rewards Maximum will not be deemed Qualifying Purchases.

(c) Loyalty rewards for Qualifying Purchases will be awarded to you on a monthly basis in the form of a Pipes and Cigars e-gift card and such e-gift card will expire within 90 days from issuance. E-gift cards, when available, are accessible on the Earning Page in your member account.

(d) It is your responsibility to keep your account information current in order to facilitate your receipt of loyalty rewards. In the event that your information is not current at the time your loyalty rewards would otherwise have been paid to you, we will retain such loyalty rewards in your account until you provide information to make your account information current. You authorize the Program to receive any account information from any Participating Merchant including, but not limited to, information regarding the Qualified Purchase such as the products ordered, the order number, the time and date the Qualified Purchase occurred, and the email address entered for the Qualified Purchase.

(e) Qualifying Purchases that have not otherwise been automatically tracked can be claimed by completing a transaction claim form via the Program's Website within ninety (90) days following the transaction date.

You agree that you will use the Program only on your own behalf and for the members of your immediate family residing in your household. You will be responsible for all use of your membership number and must notify LVPenn Sales, LLC immediately of any unauthorized use of your membership number, or the theft or misplacement of your membership number. Merchandise purchased through the Program may not be used for resale. You must be 21 years or older to become a member of the Program.

TO THE FULLEST EXTENT PERMITTED UNDER LAW, (a) LVPENN SALES, LLC AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND CORPORATE PARENTS, SUBSIDIARIES AND AFFILIATES, AS WELL AS THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY, “AFFILIATES”) SHALL HAVE NO LIABILITY TO YOU AS A SELLER OF ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR ANY DEFECTIVE PRODUCTS, PROVIDED TO YOU THROUGH THE PROGRAM.

NEITHER LVPENN SALES, LLC NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE BENEFITS OR ANY PRODUCTS OR SERVICES SOLD OR INFORMATION DELIVERED OR PROVIDED TO YOU IN CONNECTION WITH THE PROGRAM, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER LVPENN SALES, LLC NOR ITS AFFILIATES WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY PARTICIPATING MERCHANTS, OR OTHER MERCHANTS, VENDORS OR SUPPLIERS (COLLECTIVELY, «VENDORS»).
NEITHER LVPENN SALES, LLC NOR ITS AFFILIATES ASSUME ANY LIABILITY FOR DAMAGES, DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL, IN CONNECTION WITH THE DELIVERY
OF THE BENEFITS OR THE PERFORMANCE OF THE SERVICES DESCRIBED HEREIN OR YOUR REQUEST, USE, OR ATTEMPTED USE OF THE BENEFITS OR ANY PRODUCTS OR SERVICES. IN NO EVENT SHALL LVPENN SALES, LLC AND ITS AFFILIATES' AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF THE PROGRAM MEMBERSHIP FEE PAID BY YOU TOLVPENN SALES, LLC. LVPENN SALES, LLC AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY DELAY OR FAILURE IN PERFORMANCE OR DELIVERY DUE TO ANY CAUSE BEYOND THEIR CONTROL, INCLUDING DELAYS DUE TO THIRD PARTIES' ACTIONS OR OMISSIONS.

(b) All Vendors operate independently of, and are not under the control of, the Program in any way. The Program may provide an index page or other description on the Program's Website of certain Vendor's terms which is for convenience only. Neither LVPenn Sales, LLC nor its Affiliates shall be responsible for changes to, or discontinuance of, any special offer or coupon code. It is your responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are listed or are not listed on a Vendor's landing page, we cannot guarantee that you will be eligible to receive a discount and/or loyalty rewards on your purchases. You understand that neither LVPenn Sales, LLC nor its Affiliates operate or control the products or services offered by Vendors, promotional partners or other third parties. Third party websites and online merchants accessed through the Program are responsible for all aspects of order processing, order fulfillment, shipping and handling, billing and customer service. LVPenn Sales, LLC ‘s sole obligation hereunder shall be to forward to the applicable Vendor all payments for services or products ordered, and to forward to you all necessary travel documents for travel reservations made by you, through the Program. LVPenn Sales, LLC is not a party to the transactions entered into between you and any Vendor with which you choose to do business. If you buy products or services from any Vendor, you become a customer of such Vendor and therefore must direct any comments, complaints or inquiries regarding your purchases to such Vendor, and not to LVPenn Sales, LLC. All rules, policies (including privacy policies) and operating procedures of those Vendors will apply to you while you are using those Vendors' websites or local store locations. No reference to a third-party product or service indicates an endorsement by the Program or LVPennSales, LLC. LVPenn Sales, LLC reserves the right to eliminate merchants, including Participating Merchants and Vendors, as participants in the Program. Program members can locate Vendors online at www.pipespremier.com. LVPenn Sales, LLC is not responsible for any refund to you or any effect on accrual of loyalty rewards due to Vendor closure, discontinuance as a participant in the Program, or restrictions in the event their products or services are no longer available to you.

(c) You agree that any claim with regard to services or products shall be made against the Vendor of such services or products, as applicable, and not LVPenn Sales, LLC. LVPenn Sales, LLC ‘s sole obligation hereunder shall be to forward to the applicable Vendor all payments for services or products ordered, and to forward to you all necessary travel documents.

(d) LVPenn Sales, LLC and its Affiliates assume no responsibility or liability in connection with the service of any train, vessel, carriage, aircraft, motor vehicle, or other conveyance (collectively, ‘'Vehicle'') which may be used, either wholly or in part, in connection with the services ordered, nor will any of them be responsible for any act, error, or omission, or for any injury, loss, accident, delay, or irregularity, which may be occasioned by reason of any defect in any Vehicle, or through the neglect of any person engaged in carrying out the purpose for which tickets or coupons are issued including, but not limited to, tour guides, vehicle operators, and hotel administration and staff. LVPenn Sales, LLC and its Affiliates shall have no
liability in the event any itinerary or arrangements are altered by a Vendor. Any information provided by LVPenn Sales, LLC to you is subject to change without notice. All services ordered are subject to the availability of such services from the applicable Vendor.

(e) The terms of this Section 4 shall survive any termination, cancellation, or expiration of these Terms.

You, You, on the one hand, and LVPenn Sales, LLC, on the other, agree that any claim or dispute (‘'Claim'') between us shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its rules for consumer arbitrations, including the applicable fee schedules.

However, either party may pursue a Claim in small claims court consistent with the jurisdictional limits of such court. It is the parties' intent that this arbitration provision be construed broadly, including that this arbitration agreement include any Claims by you against LVPenn Sales, LLC and its Affiliates. Our Vendors, suppliers and service providers of the Program (the “Related Parties”) are intended third-party beneficiaries of this Section 7.

You agree that, by entering into this Agreement, you and LVPenn Sales, LLC (including the Related Parties) are each waiving the right to a trial by jury or to participate in a class, collective, consolidated, or representative action or proceeding. At your request, we will pay the first $125 of your arbitration fees. You will be solely responsible for arbitration fees and costs due under the AAA Consumer Rules in excess of $125. 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, except that the arbitrator may award public injunctive relief if you are a resident of California. For more information, including how to file a Claim and access the AAA Consumer rules,

visit www.adr.org/consumer or call 800-778-7879. At your election, arbitration will take place in the county or parish of your residence, as determined by your contact information on file with LVPenn Sales, LLC, or by video or telephonically.

YOU AGREE THAT ANY LEGAL PROCEEDING BETWEEN YOU, ON THE ONE HAND, AND LVPENN SALES, LLC AND/OR ANY RELATED PARTY, ON THE OTHER HAND, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING (HEREINAFTER “CLASS ACTION”). YOU, ON THE ONE HAND, AND LVPENN SALES, LLC, INCLUDING THE RELATED PARTIES, ON THE OTHER, 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 ACTION. YOU AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN SUCH A CLASS ACTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

The parties agree to the Rules of the AAA's Mass Arbitration Supplementary Rules if more than 25 substantially similar cases are pending at the same time. Further, unless both you and LVPenn Sales, LLC agree otherwise, the arbitrator may not consolidate more than one person's Claims and may not otherwise preside over any form of a representative or class proceeding or any coordinated “mass arbitration” effort.

If any provision of this Section 7 is found to be invalid or unenforceable, the court shall have the authority to modify such provision to the minimum extent necessary to make it valid and enforceable consistent with the original intent of the parties. If the entirety of the arbitration provision in this Section 7 is found to be invalid or unenforceable, then, with the exception of any individual action in small claims court, you irrevocably consent to the exclusive jurisdiction of the state and federal courts for Northampton County, Pennsylvania and waive any objections to personal jurisdiction or venue in such courts.

As referenced above, either party may bring an individual action in small claims court. The parties to this Agreement acknowledge that this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (‘'FAA''). Judgment upon any arbitration award may be entered in any court having jurisdiction. Any arbitration proceeding otherwise will be governed by Section 6 (Governing Law). The terms of this Section 7 shall survive any termination, cancellation, or expiration of this Agreement.

Unless you notify LVPenn Sales, LLC that you do not wish to renew your membership, LVPenn Sales, LLC will automatically renew your membership at the end of each billing period and bill the then-current renewal fee to your designated payment method. You will be notified of any price increase and may cancel your membership if you do not want to continue to be billed at the new price.

(a) You have the right to cancel this Agreement at any time. You may cancel this Agreement by calling 1-800-422-3273, writing to: Pipes Premier Rewards, P.O. Box 6175, Westerville, OH 43086-6175, Attention: Membership Department, emailing customerservice@pipespremier.com or clicking the cancel link on your Profile page. If you cancel this Agreement during your trial, you will owe nothing after the expiration. Your membership fee is charged following the expiration of the trial period. If you cancel during your membership, you will owe nothing further; however, you will remain liable for any fees, purchases, or charges incurred pursuant to this Agreement.

(b) If LVPenn Sales, LLC determines it is unable to bill the membership fee due hereunder to your designated billing source, LVPenn Sales, LLC shall have the right to terminate this Agreement in which event you will no longer have access to any of the Program benefits. In addition to LVPenn Sales, LLC‘s termination rights set forth above, LVPenn Sales, LLC may elect in its sole discretion to keep this Agreement in effect but suspend your access to all of the Program benefits, until such time (if any) as LVPenn Sales, LLC is able to bill the membership fee due hereunder to your designated payment billing source

(a) LVPenn Sales, LLC reserves the right, in its sole discretion, to amend, modify or terminate this Agreement at any time. Notice of all material amendments or modifications will be sent to you via email at the email address on file with LVPenn Sales, LLC. You are responsible for making sure that the email address on file with LVPenn Sales, LLC is up to date at all times.

You agree that fourteen (14) days after notice is provided, any amendment or modification shall become effective and automatically incorporated into the Agreement. You may opt out of any proposed amendment or modification by terminating your membership prior to the effective date of such proposed amendment. After the effective date of any amendment or modification, your continued participation in the Program, including maintenance of your membership, acceptance of Program benefits, or other access or use of the Program constitutes acceptance of the amended Agreement. LVPenn Sales, LLC reserves the right to cancel your membership for any reason, including if you do not agree to an amendment or modification, and will refund to you the then current term's membership fee unless the reason for such termination is your failure to pay or your misuse of the Program in which event no such refund will be made to you.

(b) LVPenn Sales, LLC reserves the right at any time to modify, discontinue or terminate, temporarily or permanently, the Program and/or the Program's Website (or any part thereof) without prior notice to you. If LVPenn Sales, LLC modifies, discontinues or terminates the Program or the Program Website, LVPenn Sales, LLC and its Affiliates will not be liable to you or any third party for such modification, discontinuance, or termination.

All information and software provided through the Program is and shall remain the sole and exclusive property of LVPenn Sales, LLC. You shall not publish, broadcast, retransmit, or otherwise reproduce the information or software in any medium. Any violation of this restriction is an infringement of copyright or proprietary rights in the information and software.

Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, or agency relationship between LVPenn Sales, LLC and the Participating Merchants or between LVPenn Sales, LLC and any other Vendor. Neither the Participating Merchants nor any other Vendor shall have the ability to create any obligation on behalf of LVPenn Sales, LLC.

By participating on the Program's Website, you agree to not upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

You also agree to not interfere with the servers or networks connected to the Program's Website or to disobey any requirements, procedures, policies or regulations of networks connected to the Program's Website.

ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE THE PROGRAM'S WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF SUCH SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS; IF SUCH AN ATTEMPT IS MADE, LVPENN SALES, LLC RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM THE USER TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

LVPenn Sales, LLC assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your electronic device, equipment or other property due to your access to, use of, or browsing in the Program's Website or your downloading of any materials, data, text, images, video or audio from such site.

(a) By using the Program, you acknowledge that technical processing and transmission of the Program's Website, including the information you enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

(b) LVPENN SALES, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR THE CONDITION OR FITNESS OF THE BENEFITS PROVIDED. LVPENN SALES, LLC MAKES NO WARRANTY THAT THE FUNCTIONS OF THE PROGRAM'S WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT ANY ERRORS ON SUCH SITE WILL BE CORRECTED. LVPENN SALES, LLC ASSUMES NO RESPONSIBILITY FOR (I) ANY PROBLEMS RELATING TO TECHNICAL MALFUNCTION OR DELAYS OF TELEPHONE NETWORKS OR LINES, ON-LINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, (II) FAILURE OF ANY EMAIL TO BE RECEIVED DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION OF THE INTERNET, LVPENN SALES, LLC SITES, OR ANY COMBINATION THEREOF, AND/OR FOR (III) ANY INJURY OR DAMAGE TO USERS' COMPUTERS OR ANY OTHER ELECTRONIC DEVICE RESULTING FROM DOWNLOADING ANY MATERIALS RELATING TO THE PROGRAM'S WEBSITE.

(c) LVPenn Sales, LLC's liability hereunder shall be limited to the membership fees paid by you for the Program in the preceding twelve months. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LVPenn Sales, LLC shall not be liable for punitive, special, indirect, incidental or consequential damages related to this Agreement.

By enrolling in Program, or by receiving one or more of the Benefits, you agree to the terms and conditions of this Agreement and agree that any and all disclosures and communications from LVPenn Sales, LLC regarding the Benefits or this Agreement may be made to you electronically in accordance with the notice provisions of this Agreement. LVPenn Sales, LLC, at its option, may communicate with you regarding the Program by mail, by telephone or by electronic communications. LVPenn Sales, LLC may communicate with you electronically by means of electronic mail to the email address you provide when you sign up for the Program and/or postings to the Program's Website. LVPenn Sales, LLC may communicate electronically to you the following types of communications: Membership Terms (including any amendments thereto), notices or disclosures regarding the Program, payment and billing authorizations, and other matters relating to your use of the Program. Your continued enrollment in the Program will constitute your consent to amendments to this Agreement.

You may contact LVPenn Sales, LLC at the telephone number and address listed above to request another electronic copy of an electronic communication without a fee. You may also request a paper copy of the terms of the payment authorization without a fee. You may contact LVPenn Sales, LLC at the same telephone number or email address listed above to update your contact information or to withdraw your consent to receive electronic communications. LVPenn Sales, LLC reserves the right to terminate your use of the Program if you decline or withdraw your consent to receive electronic communications from LVPenn Sales, LLC.

To access and use the Program, including accessing electronic communication from LVPenn Sales, LLC you must have: (i) a computer, tablet, or smartphone with up‑to‑date operating software; (ii) reliable internet access; (iii) a valid email address; and (iv) a current web browser. To retain copies of electronic communications, you may either print them using a connected printer or save them electronically to your device or another secure storage location.