Effective as of June 1, 2019.
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
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.
All customers are verified when registered on Blackbird’s Site, which is done as a precautionary measure to avoid fraudulent orders, for example. We will request to see your official form of identification such as a driver’s license, passport, or military ID and your medical cannabis card/registry identification card (if applicable). In addition to Blackbird verifying customers, whether on the Site or at the point of delivery, dispensaries nonetheless bear responsibility for verifying customers prior to any sales.
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.
If you link to the Site, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of Blackbird. The link to this Site must not damage, dilute or tarnish the goodwill associated with any Blackbird names and/or intellectual property, nor may the link create the false appearance that your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Blackbird. You may not “frame” the Site or alter its intellectual property or Material in any other way. You may not link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by Blackbird in its sole discretion. Blackbird reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that Blackbird deems to be inappropriate or inconsistent with or antithetical to the Site and/or these Terms of Service. Blackbird is not responsible for the content or performance of any portion of the Internet including other World Wide Websites to which this Site may be linked or from which this Site may be accessed.
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.
BY USING THE SITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OF SERVICE OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN; YOUR USE OF THIS SITE AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS OF SERVICE; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR BLACKBIRD’S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN BLACKBIRD’S DEFENSE OF ANY CLAIM. BLACKBIRD RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF BLACKBIRD.
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, 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.
By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Blackbird and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Blackbird Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Washoe County, Nevada; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply Nevada law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Blackbird Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Blackbird Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Blackbird Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Blackbird agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate 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; and (9) with the exception of subpart (6) above, 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. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Blackbird shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.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.
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