STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL,

DEPARTMENT OF LEGAL AFFAIRS

IN THE INVESTIGATION OF: Case No. L12-3-1079

NUAGE LABS LLC, d/b/a LUXE CIG, NOFLAME, TRIMINEX, ALTERNATIVEESMOKESNOW.COM, LUXSMOKECLUB.COM, LUXECIGS.COM, NUAGECOLONCLEANSER.NET, NUAGERESV.COM, NOFLAMEECIG.COM, TRIMINEX.COM, and LANCE BURSTYN, as Owner/Manager.

Respondents

ASSURANCE OF VOLUNTARY COMPLIANCE

1. PURSUANT to the provisions of Chapter 501, Part II of the Florida Statutes,

Florida's Deceptive and Unfair Trade Practices Act, the Office Of The Attorney General,

Department Of Legal Affairs (hereinafter referred to as the "Department"), caused an

investigation to be made into certain acts and practices of NuAge Labs, LLC d/b/a Lux E Cig,

NoFlame, Triminex, Alternativeesmokesnow.com, Luxsmokeclub.com, Luxecigs.com,

Nuagecoloncleanser.net, Nuageresv.com, Noflameecig.com, Triminex.com, and Lance Burstyn

(collectively hereinafter, "Respondents").

2. Respondent NuAge Labs, LLC is a Florida corporation with its place of business

located at 4770 Biscayne Blvd., Suite 600, Miami, FL 33137 and its mailing address and

principal place of business registered at 1521 Alton Road, Ste 653, Miami, FL 33139. Nuage

Labs, LLC owns and does business under the following names: Lux E Cig, Noflame, Triminex,

Alternativeesmokesnow.com, Luxsmokesclub.com, Luxecigs.com, Nuagecoloncleanser.net,

Nuageresv.com, Noflameecig.com, and Triminex.com using the following mailing addresses:

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1000 5th St., Suite 300, Miami Beach, FL 33139; 4770 Biscayne Blvd., #600, Miami, FL 33137;

382 NE 56 St., Miami, FL 33137; 1602 Alton Rd., #565 & 102, Miami Beach, FL 33139; 1521

Alton Rd., #752, Miami Beach, FL 33139; 1835 North Miami Gardens Dr., #402 & #448, North

Miami Beach, FL 33179; 6538 Collins Ave., #95 & #114, Miami Beach, FL 33141; and 6815

Biscayne Blvd., #103, Miami, FL 33138.

3. Respondent Lance Burstyn is an individual residing at 2505 Flamingo Drive,

Miami Beach, FL 33140 and is the owner and manager of NuAge Labs, LLC doing business

under the following names: Lux E Cig, Noflame, Triminex, Alternativeesmokesnow.com,

Luxsmokeclub.com, Luxecigs.com, Nuagecoloncleanser.net, Nuageresv.com, Noflameecig.com,

and Triminex.com. Respondent Lance Burstyn is the owner and manager of NuAge Labs, LLC

and all associated d/b/a's and fictitious names.

4. Respondents are prepared to enter into this Assurance of Voluntary Compliance

(hereafter referred to as the "A VC") without an admission that Respondents violated Florida's

Deceptive and Unfair Trade Practices Act or any other law and solely for the purpose of

resolution of this matter with the Department.

5. Pursuant to Section 501.207(6), Florida Statutes, the Depat1ment agrees to accept

this A VC in termination of its investigation as to Respondents solely as to the acts and practices

that were the subject of the investigation.

STIPULATED DEFINITIONS & FACTS

6. The terms used herein shall have the following meanings:

a. "Negative Option" is defined as any transaction m which a seller

interprets a customer's failure to take an affirmative action, either to reject

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an offer or to cancel an agreement, as assent to be charged for goods or

services.

b. "Trial Offer" as used herein means a type of negative option in which

there is an offer to provide a trial period of products or services to

consumers, whether free or requiring payment therefore, where, as a result

of accepting the trial period, consumers are required to contact

Respondents prior to expiration of the trial period to avoid receiving

additional products or services to avoid incurring a future financial

obligation.

c. "Clear and Conspicuous" (including "Clearly and Conspicuously")

means that a statement, representation, claim disclosure or term being

conveyed is presented in a way that a consumer will notice and understand

it. The following, without limitations, shall be considered in determining

whether a statement, claim, term, or representation is clear and

conspicuous:

1. Whether it is of sufficient prominence m terms of font, size,

placement, color, contrast, duration of appearance, sound and

speed, as compared with accompanying statements, claims, terms,

or representations so that it 1s readily noticeable and

understandable, and likely to be read by the person to whom it is

directed; and if written or conveyed electronically, that it is not

buried on the back or bottom, in a hyperlink, or in unrelated

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information or placed on the page where a person would not think

it important to read;

H. Whether it is presented to the person(s) to whom it is directed in a

coherent and meaningful sequence with respect to other terms,

representations, claims, or statements being conveyed;

111. Whether it is near to or in close proximity to the statement,

representation, claim, or term it clarifies, modifies, explains, or to

which it otherwise relates;

iv. Whether it contradicts, or renders ambiguous or confusing, any

other information with which it is presented;

v. Whether, if in association with a Negative Option Plan as defined

herein, the terms and conditions of the Negative Option Plan are

segregated from other terms and conditions of the offer;

vi. Whether, if it is oral, it is at an understandable pace in the same

tone and volume as the sales offer;

v11. Whether, it appears for a duration sufficient to allow listeners or

viewers to have a reasonable opportunity to notice, read, or

otherwise understand;

vn1. Whether the language and terms used are commonly understood by

the consumer in the context in which they are used;

ix. Whether it is presented in such a way as to be free of distractions,

including but not limited to sound, graphics, text or other offers

that compete for the attention of the consumer;

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x. Whether, in advertising on the Internet, it is made on the same

page as any other tenn, statement, claim or representation that it

modifies, and not in a hyperlink;

xi. Whether the disclosure, term, condition or representation appears

on the Internet on a co-registration order path in which numerous

offers for various goods and services are represented to be free,

and the consumer is required to accept a certain number of offers.

7. The Depatiment and Respondents hereby agree and stipulate to the following:

a. During the time frame beginning at least January 1, 2009 through the

present, Respondents engaged, in the business of providing various products including

electronic cigarettes, colon cleansers, and weight loss supplements to consumers in

Florida and elsewhere using negative option plans and trial offers of varying lengths to

induce consumers to purchase products from Respondents.

b. Respondents owned and operated the following websites and were

responsible for the terms of the negative option plans and trial offers on the following

websites: www .alternativeesmokesnow .com, www .luxsmokeclub.com,

www.luxecigs.com, www.nuagecoloncleanser.net, www.nuageresv.com,

www.noflameecig.com, and www.trimenex.com.

c. Respondents also engaged various telemarketing companies to sell

merchandise using negative option plans and trial offers; Respondents prepared the

scripts used by these telemarketing companies; the scripts provided for taking credit card

information from consumers prior to disclosing that consumers would be charged a

recurring monthly fee unless they canceled prior to the end of the trial period and did not

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Clearly and Conspicuously disclose all material terms of the transaction before obtaining

the consumer's billing information.

8. The Department investigated allegations that Respondents committed unfair or

deceptive acts toward consumers in the State of Florida and elsewhere in connection with the

negative option plans and trial offers of varying lengths used to induce consumers to purchase

products from Respondents including failing to Clearly and Conspicuously disclose all material

terms of the transaction before obtaining the consumer's billing information, failure to obtain

consumer's express informed consent before charging the consumer, failure to provide a simple

mechanism for consumers to stop recurring charges, unauthorized charges to consumers, charges

prior to the end of the trial period or charges after the consumer canceled, failure to honor

requests for refunds, and misrepresentations about Better Business Bureau ("BBB")

accreditation.

9. This A VC is based upon the stipulated facts set forth herein. The Department

shall not be estopped from taking further action in this matter should the facts described herein

be shown to be incorrect in any material or substantive way or should this A VC not be complied

with in full by Respondents. The parties agree that this AVC has been entered into based on the

truthfulness of the information provided by Respondents.

TERMS

10. Respondents, including their representatives, agents, employees, successors,

assigns, independent contractors or any other person who acts under, by, through, or on behalf of

Respondents, directly or indirectly, or through any corporate or other device shall:

a. Comply with the Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes;

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b. Comply with Florida Telemarketing Act, Chapter 501, Part IV, Florida Statutes; the CAN-SPAM Act, and FTC rules and regulations regarding negative option features sold online or through negative option telemarketing sales;

c. Ensure that any telemarketing companies and/or individuals employed, engaged or utilized by Respondents are licensed properly in Florida;

d. Cease making any representations on Respondents' websites or in any other marketing or promotional materials that Respondents or brands/products offered by Respondents are BBB accredited unless the company or brand has current BBB accreditation;

e. Ensure that any representations on Respondents' websites or in any other marketing or promotional materials that Respondents or brands/products offered by Respondents are FDA Registered or made at an FDA Registered Facility are substantiated with competent and reliable evidence before the claim is made that the brand/product is made at a facility that is properly registered with the FDA as a facility that manufactures, processes, packages, receives or holds food at its facilities;

f. Ensure that any of Respondents' goods, brands, or services sold in a transaction effected on the Internet through a negative option feature or trial offer including internet sales through a survey or pop-up: (1) provides text that Clearly and Conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information; (2) obtains a consumer's express informed consent before charging the consumer's credit card, debit card, bank account, or other financial account for products or services through such transaction; and (3) provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer's credit card, debit card, bank account, or other financial account;

g. For all Websites, Pop-Up Windows, Links, Chat Boxes, or other vehicles through which consumers may enter into a Negative Option arrangement/account/membership with Respondents:

1. Clearly and Conspicuously delineate the differentiating costs of any product to those consumers who do choose to select any Negative Option membership and/or Trial Offer as compared to those who do not select any available Negative Option membership and/or Trial Offer;

2. Describe all terms and conditions of any Negative Option offer, trial offer, and/or agreement in a Clear and Conspicuous manner and in a prominent location where it is likely that the consumer will see the terms and conditions before the consumer incurs a financial obligation, including but not limited to the following:

1. If applicable, that the consumer will be automatically charged on a recurring basis, including the details as to timing, frequency and amount of recurring charges; and

11. That charges will continue unless and until the consumer affirmatively cancels prior to the renewal date, including clear instructions as to how the consumer must cancel;

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3. Obtain each consumer's affirmative consent to any Negative Option offer by placing the Negative Option terms and conditions, including but not limited to billing terms, in close proximity to or directly above the Submit/Order button, or alternatively via a pop-up box whereby the consumer completes his or her order, without the use of pre-checked boxes;

4. Clearly and Conspicuously disclose to customers the billing terms and conditions of any Trial Offer, including the following:

1. The duration of the Trial Offer, including details allowing a consumer to determine exactly when the Trial Offer begins and ends;

11. The specific methods by which a consumer may cancel the Trial Offer and avoid further charges or at any time thereafter; and

m. When a consumer will incur charges and amount of charges that a consumer will incur if said consumer does not cancel during a Trial Offer.

h. Ensure that any of Respondents goods, brands, or services that are sold through a negative option feature or trial offer in a telemarketing sale Clearly and Conspicuously disclose: the fact that the customer's account will be charged unless the customer takes an affirmative action to avoid the charge(s), the date(s) the charge(s) will be submitted for payment, and the specific steps the customer must take to avoid the charge(s);

i. For Initial Post-Transaction Correspondence: I. Clearly and Conspicuously disclose the terms and conditions of any Negative

Option and/or Trial Offer in any correspondence to a consumer initiated by Respondents following a consumer's payment to Respondents, including but not limited to an "Order Confirmation" email or a written correspondence detailing all terms and conditions sent via US Mail, UPS, FedEx or other courier service;

2. Refrain from utilizing words or phrases known to activate spam filters to block incoming emails in any and all post-transaction correspondence with consumers, unless such phrase is reasonably necessary to the information being conveyed to the consumer within the specific correspondence;

j. Ensure that any and all disclaimers are Clear and Conspicuous, in at least the same size text as the solicitation, and provided on the same page and in close proximity to or directly above any solicitations for payment;

k. Clearly and Conspicuously disclose to customers how and when products may be returned and maintain adequate customer service capacity to facilitate cancellation requests. This provision specifically requires Respondents to:

1. Charge consumer's debit or credit cards on a date that does not change with each billing period (within a three day grace period), and use the same billing descriptor each time unless the billing descriptor changes, in which case Respondents shall promptly notify consumers, no later than 30 days, of the new billing descriptor;

2. Provide consumers a 30-day advance notice of fee increases via the same email address last known to Respondents;

3. Obtain written or electronic confirmation from consumers of their desire to continue membership service(s) prior to increasing by more than five dollars

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($5.00) or fifty percent (50%), whichever is lesser, the fee that consumers are charged for any automatic renewal membership/account(s);

I. Cease making any misrepresentations that a product or brand is free or that consumers won a prize including any representations made in internet surveys or pop-up and ensure that any independent contractors utilized by Respondents comply with this provision;

m. Provide refunds within fourteen (14) calendar days to any consumer from the date the consumer requests a refund and Clearly and Conspicuously identify the procedure and customer support contact information for consumers to request and receive a refund; disclose to consumers whether the consumer will incur any additional expense, such as postage, shipping or restocking, if the consumer returns the product; terminate the enrollment of any and all consumers who are enrolled in Respondents' Negative Option memberships if and when they desire to terminate same; Respondents shall immediately stop billing a consumer upon receipt of a request to terminate enrollment/membership and shall not knowingly, purposely, or intentionally impede the methods of cancellation and will fully honor any and all requests that comply with Clearly and Conspicuously disclosed terms and conditions; Clearly and Conspicuously disclose Respondents refund policy, comply with all State and Federal regulations regarding refunds and abide by the Clearly and Conspicuously disclosed refund policy; send each consumer who requests to terminate enrollment/membership an email confirming cancellation within 24 hours of Respondents' receipt of the request for termination to the consumer's last known email address; and continue to process refund requests for refunds from consumers who, in accordance with Respondents' Clearly and Conspicuously disclosed terms and conditions, attempted to cancel or terminate their Orders from Respondents in a timely fashion but were unable to do so in the past for any reason;

n. Maintain a customer support telephone number and/or mail and email address for consumers to file a complaint, ensure all consumer complaints are responded to within seven (7) days and ensure that any independent contractors utilized comply with this provision;

o. Maintain competent and reliable evidence to substantiate any claims made on any websites or marketing or advertising materials, including but not limited to claims regarding product safety, health claims, product efficiency, BBB accreditation, FDA Registered, products being made in the USA and any customer testimonials utilized in any advertising materials; and

p. Ensure that any and all businesses/brands owned or operated by Respondents and conducting or transacting business within the State of Florida have a Registered Agent and Registered Office in compliance with Chapter 607, Florida Statutes (2012); and ensure that consumers are made aware of the address the business is operating out of and that the address is accurate on Florida Department of State Division of Corporations.

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BUSINESS RECORDS

11. Respondents shall preserve and retain all relevant business and financial records

relating to the acts and practices at issue in this A VC and other information reasonably sufficient

to establish compliance with the provisions of this AVC for two (2) years from the effective date

of this A VC, and shall provide reasonable access to such documents and information to the

Department upon request.

CUSTOMER RECORDS

12. Any personal or financial information of consumers, in the custody, control or

possession of Respondents shall be securely stored in such a manner as to reasonably protect

against inadvertent disclosure of consumer information. Respondents, including any

representative, agents, employees, successors, and assigns, shall not, directly or indirectly,

market, sell, share or otherwise disclose the name, contact information, or financial information

of any consumer or customer in the care, custody or control of Respondents except as

specifically allowed under State and Federal law.

WRITTEN NOTICE

13. Respondents shall make the substantive terms and conditions of this AVC known

to any managers, members, officers, directors, employees, agents, independent contractors,

telemarketers, or any other persons that are substantially affected by this A VC and are involved

in the businesses, projects and activities of Respondents or anyone else acting for or on behalf of

Respondents by providing written notice of the terms of this A VC. The obligations imposed by

this A VC are continuing in nature and shall apply to Respondents ' successors and assigns as well

as any and all new officers, employees, agents, representatives or any other persons who become

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engaged in the business or activities of Respondents or any new business entities created by

Respondents.

14. Respondents shall not affect any change in the form of doing business or the

organizational identity of any of the existing business entities or create any new business entities

as a method of avoiding the obligations and te1ms and conditions set forth in this A VC.

CONSUMER RESTITUTION

15. Consumer Restitution.

A. The consumers listed in the consumer restitution spreadsheet compiled by

the Parties and attached as Exhibit A have filed complaints relating directly or indirectly to

Respondents with the Department, the Better Business Bureau, or another entity (the "prior

complaints" or "prior complainants"). The Department provided Respondents with the consumer

complaints identified in Exhibit A. Respondents reviewed the complaints and Respondents'

responses are included in Exhibit A under the columns entitled "Amount Refunded Prior to

AVC" and "NuAge Responses." Respondents submitted an affidavit, attached as Exhibit B,

attesting to the responses included in Exhibit A including refunds provided to consumers prior to

the execution of this AVC totaling $81 ,659.53; refunds to be provided to all remaining

consumers who filed a complaint totaling $7,120.65 to be provided to the Department

simultaneously upon execution of this A VC; and indicating that all consumers contained in

Exhibit A have been added to Respondents' Do-Not-Contact list. The Department shall not be

stopped from taking further action in this matter should the responses provided by Respondents

herein be shown to be inaccurate in any material way.

B. The parties agree that the Respondents shall jointly and severally

contribute the sum of Seven Thousand One Hundred Twenty Dollars and Sixty Five Cents

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($7, 120.65)("Restitution Funds") simultaneously upon execution of this A VC which shall be

used to pay the remaining claims of individuals who have filed complaints against Respondents

through entities including, but not limited to, the Department and the Better Business Bureau.

The manner in which the funds are to be distributed shall be within the sole discretion and/or

reasonable judgment of the Department.

C. In addition, Respondents are directed to pay to the Department the sum of

five thousand dollars ($5,000.00)("Escrow Funds") simultaneously upon execution of this A VC

to satisfy future consumer restitution for a period of sixty (60) days from the date of execution of

this A VC. In the event actual restitution for future complainants exceeds the amount of the

Escrow Funds, then the Escrow Funds will be distributed pro-rata to the complainants who have

submitted complaints to the Department within the sixty (60) day period. However, no individual

consumer who submits a complaint in the sixty (60) day period will receive more than the

amount of damages actually sustained. Upon the conclusion of this sixty (60) day period oftime,

any remaining monies shall revert back to the Department of Legal Affairs Revolving Trust Fund

and shall be used to defray the cost of attorneys' fees and costs and restitution distribution.

D. The Restitution and Escrow Funds identified above shall be made by

certified or cashier's check, payable to the Department of Legal Affairs Escrow Fund, and

shall be sent to the attention of Assistant Attorney General Ryann Flack, Office of the Attorney

General, Consumer Protection Division, 444 Brickell Avenue, 61h Floor, Miami, FL 33131. Upon

receipt, the checks shall be deposited into the Department of Legal Affairs Escrow Fund, in

accordance with Section 501.2101(1), Florida Statutes. If any restitution monies remain after the

distribution of restitution the Attorney General ' s office will deposit the remaining monies into

the Department of Legal Affairs Revolving Trust Fund and same shall be used to defray the cost

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of restitution distribution and any attorneys' fees and costs incurred in enforcing this Judgment,

or as fees and costs associated with ongoing and future enforcement initiatives pursuant to

Chapter 501, Part II, Florida Statutes.

E. Respondents shall continue to respond and in good faith attempt to resolve

each consumer complaint received from and after the Effective Date to the reasonable

satisfaction of Respondents and the consumers including, but not limited to, resolution via refund

and adding consumer to Respondents' Do-Not-Contact list. Respondents shall use commercially

reasonable efforts to commence the consumer complaint resolution process within seven (7) days

of Respondents' receipt of a legitimate or bona fide customer complaint. Respondents shall

provide the Depattment with written notice of the outcome of resolution with respect to each

customer complaint that is received by Respondents within sixty (60) days following the

Effective Date of this Agreement.

F. To the extent that Respondents have insufficient information upon which

to resolve any prior complaint or consumer complaint received by Respondents within sixty (60)

following the Effective Date, Respondents shall promptly notify the Department through

Assistant Attorney General Ryann Flack, in writing, so that she may determine if additional

information is available to assist Respondents in resolving such complaint in accordance with

terms of this Article.

ATTORNEYS' FEES AND COSTS

16. Respondents shall contribute Sixty Thousand Dollars ($60,000.00) to the

Department pursuant to Section 501.2105, Florida Statutes, in payment of attorneys' fees, costs

and investigative fees regarding this investigation, payable by cashier's check or other certified

funds payable to Department of Legal Affairs Revolving Trust Fund. The payment due

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hereunder, along with the original A VC bearing the notarized signature of Respondents shall be

delivered to the attention of Assistant Attorney General Ryann Flack, Office of Attorney

General, Consumer Protection Division, 444 Brickell Avenue, 6th Floor, Miami, FL 33 131 .

17. The original A VC bearing the notarized signatures of Respondents and the

payment(s) due hereunder will be delivered to the attention of Assistant Attorney General Ryann

Flack, Office of Attorney General, Consumer Protection Division, 444 Brickell Avenue, 6th

Floor, Miami, FL 33131.

FUTURE VIOLATIONS

18. It is hereby agreed by the Parties that any failure to comply with the terms and

conditions of this AVC by Respondents is by statute prima facie evidence of a violation of

Chapter 501, Part II, Florida Statutes, and will subject Respondents to any and all civil penalties

and sanctions authorized by law, including attorneys' fees and costs. In the event that a court of

competent jurisdiction makes a determination that a violation of any condition of this A VC has

occurred, then Respondents shall be liable for a consent judgment of at least $10,000.00 per

consumer transaction as authorized by Florida Statutes Section 501.2075, as well as attorneys'

fees and costs and any other legal or equitable relief as the court may determine appropriate. The

Department reserves the right to seek Chapter 501 penalties for any future violation(s) of Chapter

501, Part II, Florida Statutes. For a two (2) year period commencing upon the Effective Date

terminating two (2) years thereafter, for the purpose of resolving disputes with respect to

Respondents compliance with this A VC, should the Department have a reasonable basis to allege

that Respondents have failed to comply with the terms of this A VC, then the Department will

notify Respondents in writing of the specific failure of compliance, identify with particularity the

term(s) of this AVC that the practice appears to violate, and provide Respondents with thirty (30)

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days to respond to the notification, and, if applicable, cure such failure of compliance, before

instituting any action or proceeding to enforce this A VC in accordance with Florida Statutes

§501.207(6).

EFFECTIVE DATE

19. The effective date of this A VC shall be the date of its execution by all Parties.

Acceptance by the Department shall be established by the signature of the Director, Consumer

Protection Division, Department of Legal Affairs, Office of the Attorney General. This A VC

shall become effective on the "Effective Date," which shall be the date on which the Director

accepts and executes this A VC. The receipt by the Department of any monies pursuant to the

A VC does not constitute acceptance by the Department, and any monies received shall be

returned to Respondents if this A VC is not accepted and fully executed by the Department.

MISCELLANEOUS

20. It is further agreed that facsimile copies of signatures and notary seals may be

accepted as original for the purposes of establishing the existence of this agreement, and this

A VC may be executed in counterparts the compilation of which shall constitute the full and final

agreement.

21. Notice to any of the Parties to this A VC as may be required shall made by

certified mail at the addresses set forth below unless any party notifies the other parties in writing

of another address to which notices should be provided.

To Respondents:

NuAge Labs, LLC/Lance Burstyn 4770 Biscayne Blvd. Suite 600 Miami, FL 33137

To the Department:

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Ryann Flack, Assistant Attorney General Consumer Protection Division Office of the Attorney General 444 Brickell A venue, 61

h Floor Miami, Florida 33131

22. Nothing in this A VC is to be construed as a waiver of any private rights of any

person or release of any private rights, causes of action, or remedies of any person against

Respondents or any other person or entity.

23. It is a condition of each of the Department's obligations under this A VC that

Respondents have fully and timely performed all of Respondents' obligations previously due

under this A VC.

24. This A VC is the final, complete, and exclusive statement of the Parties'

agreement on the matters contained in this A VC, and it supersedes all previous negotiations and

agreements. Other than any representation expressly stated in this A VC, the Parties have not

made any representations or warranties to each other, and neither Party's decision to enter into

this A VC is based upon any statements by the other party outside ofthose in this AVC.

25. It is further agreed that the Parties jointly patticipated in the negotiation of the

terms of this AVC. No provision of this AVC shall be construed for or against any party on the

grounds that one party had more control over establishing the terms of this AVC than another.

26. It is further agreed that Respondents have been given the opportunity and

sufficient time to retain legal counsel of their choosing and have declined to retain counsel and

elected to enter into this A VC without representation by legal counsel.

27. By my signature, I hereby affirm that I have authority to execute this A VC on

behalf of the party indicated and, to the extent I am acting in a representative capacity, I am

acting within the scope of my authority as corporate representative, as well as in my individual

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capacity, and that by my signature I am binding myself and the businesses/parties indicated to

the terms and conditions of this A VC.

SIGNATURES ON SEPARATE PAGE(S)

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~;3.~ anc~Owner/Manager of

NuAge Labs LLC, d/b/a LuxE Cig, N oFlame E Cig, Triminex, Alternativeesmokesnow.com, Luxsmokeclub.com, Luxecigs.com, Nuagecoloncleanser.net, Nuageresv.com, NoFlameecig.com, Triminex.com

~: ~ =--~~~ C.LanceBurstyn, Ind.ividually

STATE OF FLORIDA ) ) ss:

COUNTY OF DADE )

BEFORE ME, an officer duly authorizeg !o take acknowledgments in the State of Florida, personally appeared L4 !VC.h nil f"SSY fl./ , who produced £ L 'D L-- as identification. He who acknowledg~d before ~~that1he executed the foregoing instrument for the purposes therein stated on the / .f" day of~ 1 t/) , 2014.

(print, type, or stamp Gom ary u IC

Personally known _ _ or Produced Identification :;;:: 1.- (check one)

Type of Identification Produced: __ D __ L _ _ _ _ __ _

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OFFICE OF THE A::m'ORNFN ENERAL

~j~ By: Rich~rd P. Lawson ofr'ector, Consumer Protection Division Department of Legal Affairs Office of the Attorney General 1 07 W Gaines Street Tallahassee, FL 32399 (850) 414-3824

Dated: ~ /l l/ Y I ./ ~ I

By: __..~ ----~~-------------

Ryann Flack Florida Bar No.: 0018442 Assistant Attorney General 444 Brickell A venue, 61

h Floor Miami, FL 33131 (305) 377-5850 ext. 562 (305) 349-1403 facsimile

Dated: ----'1--'------'--1 ~-~____,__/ _/ Lf-'-----

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