Terms of ServiceEffective as of June 1, 2016.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE (THE “SITE”). In order to enjoy all the benefits of the Site, you must register and become a member. You may visit the Site without registering. All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law.
You agree that by using this Site and registering for membership, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. You further agree that by using this Site and registering for membership, you are under the care and supervision of a licensed medical professional and you have a current, valid prescription for medical cannabis.
It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use this Site.
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.
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. 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 Logistics Corporation (“Blackbird”).
We reserve the right to change any information, features and functions of the Site without prior notice. 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. The sale or linking of our products on or to any third party e-commerce website, marketplace or mobile application without our specific written consent is prohibited.
Registration and Membership
To register and become a member of our Site, complete the user survey, provide your valid medical cannabis card and 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.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. 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.
To cancel your membership, please call Blackbird at 775-333-9447 or 702-800-4688.
Billing and Payments
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. For your convenience, we will save your bank or credit card information.
You may be charged any applicable tax. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
Purchases made through the Site may appear on your credit card or bank statement as "Blackbird Logistics," or "Blackbird Go."
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 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 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 ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT 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
BLACKBIRD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, MATERIALS ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THIS SITE, EVEN IF BLACKBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
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 and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Blackbird and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Blackbird.
All trademarks, service marks and trade names of Blackbird on the Site are trademarks or registered trademarks of Blackbird or their respective owners.
You agree to indemnify, defend and hold harmless Blackbird, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
Blackbird collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Blackbird also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, and preferences.
There is also information about your computer hardware and software that is automatically collected by Blackbird. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. 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.
Blackbird collects and uses your personal information to operate the Site and deliver the services you have requested. Blackbird does not sell, rent or lease its customer lists to third parties.
Blackbird keeps track of the web sites and pages our customers visit within the Site in order to determine what Blackbird services are the most popular. This data is used to deliver customized content and advertising within Blackbird to customers whose behavior indicates that they are interested in a particular subject area.
Blackbird will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Blackbird or the Site; (b) protect and defend the rights or property of Blackbird; and, (c) act under exigent circumstances to protect the personal safety of users of Blackbird or the public.
The Site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you register with the Site, a cookie helps Blackbird recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the Site, the information you previously provided can be retrieved, so you can easily use the Blackbird features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Site.
Blackbird secures your personal information from unauthorized access, use or disclosure. Blackbird secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Third-Party Links and Sites
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Blackbird. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
Your use of the Site shall be governed in all respects by the laws of the State of Nevada, County of Washoe, without regard to choice of law provisions. By using this Site or any of Blackbird’s services, you agree that the exclusive venue of any litigation arising out of such use is the appropriate court in Washoe County, Nevada.
These Terms of Service are applicable to you upon your accessing this Site. All applicable provisions in these Terms of Service shall survive any termination of these Terms of Service.