Terms of Service
Effective as of March 19, 2021.
THESE TERMS OF SERVICE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF BLACKBIRD’S SITE AND SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTE/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
The Site is intended solely for users who are (i) twenty one (21) years of age and older; or (ii) eighteen (18) and in possession of a valid medical marijuana registration card. You represent and warrant either that you are twenty one (21) years of age or older, or if you are eighteen (18) that you have a valid medical marijuana registration card. Certain parts of the Site may be subject in whole or in part to heightened age and/or other eligibility requirements.
Notice Regarding Medical Advice
THIS SITE DOES NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE SITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
License to the Site
Blackbird grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the materials thereon for your personal use only, provided that you comply fully with these TOS. You have no right to sublicense the license rights granted in this section. You shall not interfere (or permit the use of your account by a third party to interfere) or attempt to interfere with the operation or use of the Site by other members in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Blackbird.
License Granted by User
Blackbird may, in its sole discretion, permit users to post, upload, publish, submit or transmit user content, including content that a user posts, uploads, publishes, submits or transmits to be made available through the Site. By making available any user content on or through the Site, you hereby grant to Blackbird a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such user content only on, through or by means of the Site, without notification to and/or approval by you. Blackbird does not claim any ownership rights in any user content, and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any user content.
You acknowledge and agree that you are solely responsible for all user content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all user content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to Blackbird and to the rights in such user content, as contemplated under these Terms of Service; and (ii) neither the user content nor your posting, uploading, publication, submission or transmittal of the user content or Blackbird’s use of the user content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Changes to Site and/or Terms of Service
We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent or illegal activity in our sole discretion.
Registration and Membership
Certain parts or features of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain parts or features of the Site. You agree that you will not provide any false personal information to the Site or create an account for anyone other than yourself without their permission. You will also not create more than one personal profile, and if you select a username for your account, we reserve the right to remove or reclaim it if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username). If you register with the Site, you are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security. You accept responsibility for all activities that occur under your account, email or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. Blackbird may, in its sole discretion, and at any time, with or without notice, terminate your password and account, for any reason or no reason at all. If we disable your account, you agree that you will not create another one without our permission.
To register and become a member of our Site, complete the user survey, provide your valid medical cannabis card and/or valid photo identification, use your valid email address, and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service, and Blackbird has no obligation to investigate the authorization or source of any such access or use of the Site.
To cancel your membership, please call Blackbird at (800) 865-2177.
Billing and Payments
Customers may place orders with various dispensaries via Blackbird’s online platform, but Blackbird does not request customer credit card information online and does not process payments online at the time of ordering. Upon delivery or pickup of your order, you may pay in cash or by debit or credit card (if picking up only and the dispensary offers this option). Blackbird delivery drivers will only accept cash payments.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BLACKBIRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. BLACKBIRD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. YOU (AND NOT BLACKBIRD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. BLACKBIRD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT FULLY APPLY TO YOU.
ALL PRODUCTS SOLD THROUGH THIS SITE ARE ENTIRELY AND EXCLUSIVELY PRODUCED, GROWN, PROCESSED AND/OR MANUFACTURED BY THIRD PARTIES. BLACKBIRD MAKES ABSOLUTELY NO WARRANTY WHATSOEVER ABOUT THE QUALITY, MEDICAL OR OTHER BENEFITS, OR OTHER CHARACTERISTICS OF ANY PRODUCTS PURCHASED THROUGH THIS SITE. BLACKBIRD ALSO MAKES ABSOLUTELY NO WARRANTY WHATSOEVER ABOUT THE WEIGHT, VOLUME, OR NUMBER OF PRODUCTS PURCHASED THROUGH THIS SITE AND/OR DELIVERED BY BLACKBIRD; ALL PRODUCTS PURCHASED THROUGH THIS SITE ARE PACKAGED AND WEIGHED BY THIRD PARTIES AND THOSE THIRD PARTIES BEAR SOLE RESPONSIBILITY FOR THE PRODUCTS. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT ANY PRODUCTS PURCHASED THROUGH THIS SITE, YOU SHOULD CONTACT THE THIRD-PARTY DISPENSARY DIRECTLY.
Limitation of Liability
YOU AGREE THAT BLACKBIRD AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE SITE, THE MATERIAL OR ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SITE, EVEN IF BLACKBIRD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE (COLLECTIVELY, THE “RELEASED MATTERS”). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BLACKBIRD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1000. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MIGHT NOT APPLY TO YOU.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by this Agreement to release fully, finally and forever all Released Matters under this Agreement. In furtherance of such intention, the releases set forth in this Agreement shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto. Blackbird makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Site and/or the Material. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Blackbird. Views and opinions of users of the Site do not necessarily state or reflect those of Blackbird. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information or content available as part of the Site. The Internet may be subject to breaches of security. Blackbird is not responsible for any resulting damage to any user’s computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before submitting any information to anyone over the internet. Blackbird makes no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed.
Copyrights, Trademarks, & Restrictions
The Site and all of the content it contains, or may in the future contain, including but not limited to text, video, pictures, graphics, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Material”) that relates to the Site are owned by or licensed by Blackbird or other third parties and are protected from any unauthorized use, copying and dissemination by copyright, trademark and other intellectual property and non-intellectual property laws and by international treaties. Except as expressly permitted in writing by Blackbird, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute or exploit, in whole or in part, any of the Material. Nothing contained in these Terms of Service or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of Blackbird or such third party that may own the Material or intellectual property displayed on the Site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED. Any use of the Material other than as permitted by this Agreement will violate this Agreement and may infringe upon our rights or the rights of the third party that owns the affected Material. You agree to report any violation of this Agreement by others of which you become aware. You are advised that Blackbird will aggressively enforce its rights to the fullest extent of the law. Blackbird may add, change, discontinue, remove or suspend the display of or access to any of the Material at any time, without notice and without liability.
Blackbird is pleased to hear from its visitors and welcomes your comments regarding Blackbird services. Blackbirds long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Blackbird’s or its affiliates’ professional staff might seem to others to be similar to their own work. Accordingly, we ask that you do not send us any original creative materials such as designs, photographs, drawings, or original artwork that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, Blackbird may freely use the submission, in whole or in part, for any purpose without any obligation to you.
Third-Party Links and Sites
The Site may contain links to third party websites or resources, which may or may not be obvious (“Third Party Sites”) as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, “Third Party Applications, Software or Content”). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. YOU AGREE THAT YOUR USE OF THIRD-PARTY SITES OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or Third Party Applications, Software or Content located on any such Third Party Site.
From time to time, the Site may offer sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Site may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and supplemental disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.
You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose. Non-United States Residents: Blackbird operates the Site in the United States. Blackbird makes no representation that the Materials are appropriate or available for use in locations other than the United States. If you access the Site from locations outside of the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Service are applicable to you upon your accessing this Site. You understand and agree that Blackbird may, in its sole discretion and at any time, terminate your password, terminate your account and/or prohibit you from accessing the Site, in whole or in part, for any reason or no reason at all, at any time in its sole discretion, with or without notice. You understand and agree that Blackbird may take any one or more of these actions without prior notice to you. Should Blackbird take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. You understand and agree that Blackbird shall not have any liability to you or any other person for the removal of information concerning your account. Blackbird will determine your compliance with this Agreement in its sole discretion, and its decision shall be final and binding and not subject to challenge or appeal. Any violation of this Agreement may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No changes to or waiver of any part of this Agreement shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Blackbird. Upon termination of your membership or access to the Site, or upon demand by Blackbird, you must destroy all materials obtained from the Site and all related documentation and all copies and installations thereof. You are advised that Blackbird will aggressively enforce its rights to the fullest extent of the law. All applicable provisions in these Terms of Service shall survive any termination of these Terms of Service.
The Site is controlled and operated by Blackbird from its offices within the State of Nevada in the United States. Blackbird makes no representation that Materials on the Site are appropriate or available for use in other locations. These TOS constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Blackbird’s written authorization. Any failure to enforce any provision of these TOS shall not constitute a waiver thereof or of any other provision thereof.
These TOS shall be governed and construed in accordance with the laws of the State of Nevada applicable to contracts entered into and fully performed in Nevada (without regard to its conflicts of law principles that would cause the application of any other jurisdiction’s laws). With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Nevada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Nevada.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM WILL BE SETTLED BY BINDING ARBITRATION AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY.
By agreeing to these terms and conditions or using this Site in any way, you unconditionally consent and agree to Blackbird’s arbitration and class waiver provisions, including the following terms:
(1) Agreement to arbitrate. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and it shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. The arbitrator’s jurisdiction and decision shall be controlled by this agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site and/or Blackbird’s services. Any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Blackbird, its parent, subsidiaries, affiliates, or any of their officers, directors, or employees (all such individuals and entities collectively referred to herein as the “Blackbird Entities”) or any Blackbird client arising out of, relating to, or connected in any way with the Site, Blackbird’s services, or the determination of the scope or applicability of this agreement to arbitrate will be resolved exclusively by final and binding arbitration. Any client of Blackbird may elect to enforce this agreement in any action arising out of, relating to, or connected in any way with the Site or Blackbird’s services.
(2) Applicable law and jurisdiction. The arbitration will be administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS. The arbitration shall be held in Washoe County, Nevada. To the extent not governed by the FAA, this agreement is governed by and shall be construed according to the laws of the State of Nevada without regard to its conflict of laws rules.
(3) Waiver of class rights and punitive damages. There shall be no authority for any claims to be arbitrated on a class or representative basis. The arbitrator can decide only individual claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If the arbitrator or a court rules that this paragraph (3) is invalid, illegal, or unenforceable because it prevents the arbitrator from awarding public injunctive relief, then the arbitrator shall have the ability to award public injunctive relief. The arbitrator shall not have the power to award punitive damages against you, any Blackbird Entity, or any client of Blackbird. Notwithstanding the prohibition against awarding punitive damages, the arbitrator may award statutory damages under any statute providing for such damages and may award treble damages where such damages are expressly authorized by statute.
(4) Costs of arbitration. Payment of all filing, administration, and arbitrator costs and expenses imposed by JAMS will be governed by the JAMS rules. In the event that the administrative fees and deposits that must be paid to initiate arbitration against any Blackbird Entity exceed $125 USD and you are unable (or not required under the JAMS rules) to pay any fees and deposits that exceed this amount, Blackbird agrees to pay them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if the arbitrator determines that the costs of arbitration will be prohibitive as compared to the costs of litigation, Blackbird will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
(5) Severance. Except as described in paragraph (3), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein.
For more information on JAMS and/or the JAMS rules, visit their website at jamsadr.com.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
© 2021 Blackbird Logistics Corporation. All rights reserved.
Last Update: March 5, 2020.
Information We Collect and Why We Collect It
We strive to provide our visitors with information relevant to their particular desires, needs and/or interests. The information we gather helps us to better serve our purpose. We specifically collect the following information for the identified purposes:
|Source/Type||Specific Data Category||Use/Purpose|
|Data You Provide||Name||ID verification and to connect users to orders for pickup and delivery|
|Address||Delivery and ID verification|
|Phone Number||Check-in to dispensary location
Marketing texts (where opt-in obtained)
|Date of Birth||Minimum age verification|
|Log-in and order confirmation|
|Government ID number and image||ID verification|
|Medical ID number and image||ID verification|
|Information provided through chat function provided by Intercom Inc.||Chat functionality|
|Purchasing information (credit card information, items purchased, etc.)||Items purchased, quantities, frequency, client stores shopped at||To provide dispensary and user history of transactions|
|Marketing data||Opt-ins to text messages on behalf of clients||Verification of opt-in to receiving text messages|
|Product interests||Targeting of messages to specific interests|
|Location data||User-provided address||Delivery purposes and to display relevant local dispensaries|
|User data (data posted or published through the site and services)||Google Analytics standard data – location, region, device data (all anonymized/aggregated)||Aggregate usage data and trends|
|Logrocket – not anonymized||Troubleshooting and services improvement|
Providing us with PII about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Site’s features.
We actively and passively gather, analyze and/or store PII and other information generally by way of two different sources: (1) the PII voluntarily submitted by visitors when using or registering to use or receive our services or offers; and (2) by tracking and analyzing online and mobile data and activity through mechanisms that identify site usage, user location, device type, browser types, IP addresses, and other data. We do not collect PII through advertisements on our Site, and the PII we collect is not shared with third parties except as set forth herein. We will make reasonable efforts to destroy, erase or make anonymous any PII that is no longer required to fulfill the original purpose for which it was originally collected.
When your computer or mobile device contacts our web servers (for example, when you visit this Site, or view an HTML email), our web servers automatically collect usage information. Such usage information includes information about how our visitors use and navigate our Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, location, device type, referrer data that identifies the web page visited prior and subsequent to visiting our Site, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, email, advertising or promotional announcement or similar service. This information is used by Blackbird for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Site.
Use of IP Address
An IP address is a number that is assigned to your computer, device or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.
We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
Blackbird secures the PII you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. No website, Internet transmission, computer system or wireless connection is completely secure, however. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site is at your own risk. Whenever you provide personal information, we will take commercially reasonable steps to protect the information by establishing a secure connection with your web browser. Blackbird uses an industry standard security protocol for encrypting sensitive information. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. Unfortunately, no security measures are perfect or impenetrable, and data transmission over the Internet cannot be guaranteed 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to or through Blackbird, and you do so at your own risk.
We are not in the business of selling your information, and we do not sell, rent or lease our customer lists to third parties. We consider your information to be an important part of our relationship with you, and will use your PII solely to provide our services and otherwise as described in this policy.
Third parties providing services on our behalf and/or through our services: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) content provision, (b) product customization, (c) marketing and promotional material distribution, (d) website evaluation, (e) data collection, storage, management, analysis and, where applicable, cleansing, and (f) any other services designed to assist us in maximizing our business potential. Additionally, certain third parties engage us to facilitate their own functionality and operation. Examples of such third parties include: (a) dispensaries and other entities may use our Site and services for ordering, (b) delivery companies and drivers delivering products ordered through our Site and services, and (c) other companies using our Site and services. All of such third parties may have access to this Site’s user information, including PII, to the extent it is needed to perform their specific duties and functions.
Legal Requirements and Protection of Rights: We may release information about our users, including PII, without notice when legally required to do so, at the request of governmental authorities conducting an investigation or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Blackbird or any of our respective affiliates, business partners, employees, customers, or others.
Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.
Consent to Processing
By using our Site, participating in any of our services and/or providing us with your information, you consent and agree to the collection, transfer, storage and processing of your information to and in the United States. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. The Site supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. The Site is not aimed at nor intended for children under the age of 18. If you are under the age of 18, please do not use the Site. If we discover that a person under the age of 18 has provided us with any PII, we will use commercially reasonable efforts to delete such person’s PII from its system.
You can visit the Site without providing any PII. If you choose not to provide any PII (or only provide certain requested PII), you may not be able to use certain services.
Users of our Site and services are required to inform us about any change concerning their data, in particular about changes of place of residence, changes of surname, and changes of email address. We are not liable for the consequences resulting from providing mistaken data.
You can access, correct and update certain personal information that you have provided to us, if any, by emailing us at firstname.lastname@example.org. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. In addition, you should be aware that it is not always possible to completely remove or delete all of the original information from our databases without some residual data because of backups and other reasons.
You will have an opportunity to unsubscribe from receiving promotional material from this Site by clicking on an “unsubscribe” hyperlink contained in promotional emails we send you. Additionally, you may email email@example.com. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to meet your request.
Notice to CA Residents/Your CA Privacy Rights
California residents have the following additional choices:
Data Information: You may, up to two times during any twelve-month period, request details of personal information which we hold about you. If you would like a copy of the information we keep on our systems about you, please contact us as provided below. If you believe that any information we are holding is incorrect or incomplete, please contact us (through the means provided below) as soon as possible. We will promptly correct any information found to be incorrect. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. We will take action to verify the requestor’s identity and/or California residence.
Removal of Your Personal Information: You can ask us at any time to delete the information we hold on you by contacting us, again through the same means provided below. If we are not able to delete such information because we have a need to keep it (for example, to comply with a law requiring us to hold such information), we will not use the information for any purpose other than that specific need. Note that we may need to collect information from you so that we can verify your identity before taking any such requested action. We will respond to your request within 45 days. Also note that in the event you request that we delete your data, we will have to cancel your membership. Such cancellation will be subject to the policies and procedures outlined in our Terms of Service. In your request, please attest to the fact that you are a California resident, and provide a current California address for our response. We will take action to verify the requestor’s identity and/or California residence.
Your California Privacy Rights: We may disclose your personal information to our affiliates or other related third parties for their use in marketing to you. Pursuant to California’s “Shine the Light Act,” California residents are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. Please send an email to the address provided below to request a copy of our disclosure pursuant to California law. Residents of the State of California have the right to request from certain businesses with whom the California resident has an established business relationship a list of all third parties to which the business, during the immediately preceding calendar year, has disclosed certain personally identifiable information for direct marketing purposes. We are only required to respond to a customer request once during any calendar year. To obtain this information, you should send a written request to the email address provided below with the subject heading “California Privacy Rights.” In your request, please attest to the fact that you are a California resident, and provide a current California address for our response. Please be aware that not all information sharing is covered by the California Privacy Rights requirements and only information on covered sharing will be included in our response.
“Do Not Track” Browser Settings: We do not use technology that recognizes a “do-not-track” signal from your web browser.
We may allow third-party companies to serve ads and/or collect certain anonymous information when you visit our Site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or third party web beacon to collect this information. As noted, our Site does not recognize browser “Do Not Track” signals, but several of our service providers who utilize these cookies or beacons on our Site enable you to opt out of this behavioral advertising. To learn more about how to opt out of the behavioral advertising conducted by these providers, you can visit http://www.networkadvertising.org/.
We strive to use reasonable physical, technical and administrative measures to protect information under our control. However, you must keep your account password secure and your account confidential, and you are responsible for any and all use of your account. If you have reason to believe that the security of your account has been compromised, please notify us immediately in accordance with the “Contacting Us” section below.
To help protect the privacy of data you transmit through the Site, where PII is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar industry-standard encryption technology. We take steps to protect the user data we collect against unauthorized access. However, you should keep in mind that the Site and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. We do not accept liability for unintentional disclosure. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Site and information about you contained in the Site.
By using the Site, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.
316 California Avenue #30
Reno, NV 89509
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