Privacy POLICY

Welcome to Skyclub

PROVISION THAT, AS SET FORTH IN SECTION 17 ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST SKYCLUB ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST SKYCLUB IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. PLEASE READ IT CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS.

Please read these Terms and Conditions (“Terms”) carefully prior to using the websites, mobile sites, applications, or associated products, software, or any loyalty program (“Program”) and/or other services, events, or programs (collectively, the “Services”) owned and operated by Skyclub Industries (“SKYCLUB,” “us,” “our,” or “we”) and its affiliates (“Affiliates”) (collectively, the “Sites”). References to “you” and “your” refer to you, a user of the Sites. To view the portion of these Terms containing terms and conditions specific to the SKYCLUB Loyalty Program, click here.

The Sites and Services provide products, software, and other resources related to products and Services available at SKYCLUB retail locations or via e-commerce and other general information regarding the cannabis industry. Your use of the Sites and any features on the Sites, or participating in any Services, are subject to these Terms, which we may update from time to time. By accessing the Sites in any way, including, without limitation, browsing the Sites, using any information on the Sites, submitting information to SKYCLUB via the Sites, and/or participating in any Services, you agree to and are bound by these Terms, and you acknowledge that information you provide or that we collect about you will be processed as described in our Privacy Policy. Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be posted on the Sites in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. If you do not agree to these Terms, do not use the Sites or participate in any Services. SKYCLUB provides the Sites and Services for use only by persons located within the United States. SKYCLUB makes no representation that the Sites or their content is appropriate or available for use in locations outside the United States.

If we collect or create medical information about you because you are a medical cannabis user, then our Notice of Privacy Practices (“NPP”) will also apply to that information. In the event of a conflict between our Privacy Policy and the NPP, the NPP will control.

1. REGULATIONS IN THE CANNABIS INDUSTRY 

Marihuana remains a Schedule I drug. The cultivation, processing, sale, and possession of marihuana and products containing marihuana, the manufacture, sale, and possession of marihuana paraphernalia, and advertising the sale of marihuana, marihuana products, and cannabis paraphernalia are illegal under the federal laws of the United States and certain state laws. You are responsible for complying with the applicable laws regarding marihuana in your jurisdiction. See Section 20 for additional information. All SKYCLUB marihuana products are intended for personal use only in the jurisdiction in which they are sold. Products sold by SKYCLUB are not intended for resale or interstate transport.

2. The Sites and the materials on the Sites, including SKYCLUB Content (defined below), have been prepared by SKYCLUB for informational purposes only, and SKYCLUB makes no claims with respect to the use or consumption of any SKYCLUB products. Do not act upon this information without seeking guidance from an attorney, medical professional, or other applicable qualified professional. The information on the Sites is not intended to provide medical or legal advice. Information on the Sites is not intended to assess, diagnose, or specifically treat any individual’s medical problems or concerns. Information on the Sites is also not intended to provide legal advice in relation to the cannabis industry or any other industry.

Do not operate vehicles or dangerous equipment while under the influence of cannabis. If you are pregnant or may be pregnant, breastfeeding, suffering from a known health condition, or taking any prescription medications, you should consult your physician or other healthcare professional prior to using cannabis. These statements have not been evaluated by the Food and Drug Administration. None of the products made available by SKYCLUB are intended to diagnose, treat, cure, or prevent any disease. You acknowledge and agree that no partnership is formed through these Terms or your use of the Sites or participation in any Services, and that neither you nor SKYCLUB has the power or authority to obligate or bind the other.

3. SKYCLUB CONTENT

Content on the Sites that is provided by SKYCLUB and its licensors, including, but not limited to, certain graphics, photographs, images, screenshots, text, digitally downloadable files, audio, videos, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“SKYCLUB Content”), is the property of SKYCLUB and its licensors and is protected in the U.S. and internationally under state and federal trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any SKYCLUB Content located on the Sites for any publications, in public performances, on websites other than the Sites for any other commercial purpose, in connection with products or services that are not those of SKYCLUB, in any other manner that is likely to cause confusion among consumers, that disparages or discredits SKYCLUB and/or its licensors, that dilutes the strength of SKYCLUB’s or its licensor’s property, or that otherwise infringes SKYCLUB’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any SKYCLUB Content.

By entering and/or using the Sites, you acknowledge and agree that any name, logo, trademark, or service mark contained on the Sites and all SKYCLUB Content is owned or licensed by SKYCLUB and may not be used by you without prior written approval. Nothing contained in the Sites shall be construed as granting a license or other rights under any patent, trademark, copyright, or other intellectual property of SKYCLUB.

4. ACCURACY OF INFORMATION, PRODUCTS, AND PRICING

We attempt to ensure that information provided through the Sites, including SKYCLUB Content, is complete, accurate, and current. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information provided through the Sites. SKYCLUB shall not be responsible for any errors or omissions on the Sites; however, when we discover an error, we will endeavor to correct it as soon as possible and notify any customers who we are aware are materially impacted. We reserve the right to amend errors or to update product information at any time without prior notice.

Not all products that appear on the Sites are offered for sale in all states. Certain products may not be available in your jurisdiction. Products shown on the Sites may appear differently in the dispensary or at the retail establishment.

The Sites may provide you with pricing for products that are carried by us both in the dispensary or at the retail establishment and/or online. The prices displayed (in U.S. dollars) for products available for purchase via the Sites may only represent the applicable retail prices and may not include taxes, delivery fees, or other applicable charges. Before you complete an order, all such applicable charges will be provided to you. The pricing shown to you through the use of the Sites may only be valid for purchases made through the Sites and may differ from in-store or dispensary pricing.

Please note that the current price and availability of a product may differ from the price displayed when the product was first placed in your shopping cart. Price and availability information is subject to change without notice.

5. DISCOUNTS AND SPECIAL OFFERS

The Sites may display, include, or make available coupons, special offers, promotional codes, giveaways, samples, and other offers from SKYCLUB (“Deals”). SKYCLUB displays these Deals on the Sites as a form of advertisement. All Deals may be subject to additional terms, conditions, or restrictions under applicable law, regardless of whether such additional terms, conditions, or restrictions are expressly included on the Sites.

6. ORDERS AND DELIVERIES

The Sites may consist of features or links to third-party sites that allow you to place an order with SKYCLUB for pick-up at one of our dispensaries/retail establishments or for delivery. When an order for delivery is placed, it will be delivered to an address specified by you, provided that the delivery address is compliant with any applicable delivery restrictions set forth by us through the Sites or otherwise. All orders are subject to acceptance by us, and we will confirm such acceptance in a communication to you. We are not responsible for deliveries that are delayed due to events beyond our control, but we will strive to provide you with a seamless delivery process. Please note that not all products shown on the Sites are available in our dispensaries/retail establishments, as some products may only be available online.

Prior to pick-up or delivery, we reserve the right, without prior notice, to cancel or limit the order quantity of any product or service and/or to refuse service to any user. For instance, we may limit or prohibit orders that, in our sole judgment, appear to be placed in violation of these Terms or applicable law, are processed as a result of fraudulent or misleading activity, or are placed by dealers, resellers, or distributors. If we make a change to or cancel an order, we will attempt to notify you by contacting the contact information provided at the time the order was placed. We may also require verification of information before accepting and/or delivering any order.

7. ACCOUNT(S) CREATION AND MAINTENANCE

In order to use certain features of the Sites (e.g., e-commerce services) or participate in the Services, you may be required to create one or more accounts with SKYCLUB (“Accounts”) and provide certain information about yourself. You represent and warrant that all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information at all times. You may not create more than one Account per Account type.

You agree that you are solely responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify SKYCLUB of any unauthorized use or suspected unauthorized use of your Account or any other security breach. SKYCLUB cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

SKYCLUB may suspend or terminate access to your Account in its sole and absolute discretion. In the event that your Account is terminated, these Terms shall remain, to the extent applicable, in full force and effect.

8. USER CONDUCT GUIDELINES

Any time you access or use the Sites or participate in the Services, you are required to comply with our User Conduct Guidelines, as set forth below. You are not authorized to access or use the Sites:

• To systematically retrieve information or content in order to create or compile, directly or indirectly, a collection, compilation, database, directory, or similar resource, whether through manual methods, bots, crawlers, spiders, or other means.
• If you are not able to enter into legally binding contracts, such as if you are under 18 years of age.
• If you are prohibited by the laws of the United States or any other applicable jurisdiction from receiving our products or services.
• For any other purposes that are not expressly permitted by these Terms.

Furthermore, you may not:

• Access, copy, distribute, share, publish, use, or store any SKYCLUB Content for purposes that are inconsistent with our Privacy Policy, or otherwise violate the privacy rights or any other rights of other users or any third party. This includes disclosing, selling, renting, distributing, or exposing any SKYCLUB Content to a third party, using it for marketing purposes, or using it for any unrelated purposes to the Sites or Services.
• Access, copy, distribute, share, publish, use, store, or create derivative works from any SKYCLUB Content or content belonging to another user or third party, including works protected by copyright, trademark, patent, or other intellectual property rights, without obtaining prior express permission from the rights holder.
• Circumvent our systems or policies, including attempting to access or use the Sites or Services if you have been temporarily or permanently prohibited or blocked from doing so.
• Access, search, collect information from, or interact with the Sites through methods such as scraping, crawling, or spidering, unless specifically authorized to do so in a separate agreement with SKYCLUB. This includes the use of software, devices, scripts, robots, or any other automated means.
• Use, display, mirror, or frame the Sites, any feature, functionality, tool, or content of the Sites or Services, SKYCLUB’s name, trademarks, logos, or other proprietary information without SKYCLUB’s express written consent.
• Interfere with, disrupt, damage, or compromise the Sites, Services, or our systems, or the access of any user, host, or network. This includes engaging in activities such as introducing viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or email address information, or any similar methods that impose an unreasonable or disproportionately large load on the Sites.
• Access or tamper with non-public areas of the Sites, Services, SKYCLUB’s computer systems, or the technical delivery systems of SKYCLUB’s providers.
• Probe, scan, or test the vulnerability of any system or network of SKYCLUB or its providers, or breach or circumvent any security or authentication measures.
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measures implemented by SKYCLUB or its providers or any other third party to protect the Sites.
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Sites to send altered, deceptive, or false source-identifying information.
• Attempt to decipher, decompile, disassemble, or reverse engineer any code or software used to provide the Sites.
• Export or re-export the Sites in violation of the export control laws and regulations of any relevant jurisdictions.
• Post reviews on the Sites, Services, or SKYCLUB’s social media pages or channels that are based on non-personal experiences, not factual in nature, or based on secondhand information.
• Resell products purchased through the Sites or Services for commercial purposes, or resell or commercially exploit the Sites, Services, or SKYCLUB Content.
• Violate any federal, state, or local laws, rules, or regulations, or infringe upon the rights of any third party, including intellectual property, privacy, or publicity-related rights in connection with your access to or use of the Sites or Services.
• Otherwise abuse the Sites or Services, or breach the Terms.
• Attempt to engage in any of the above actions, or advocate, encourage, or assist any third party in doing so.

You represent, warrant, and agree to comply with the above

9. USER CONTENT

We welcome and encourage you to provide feedback, comments, ideas, and suggestions for improvements, enhancements, and modifications to the Sites and/or Services, which may include text, photos, audio, code, forms and agreements, files, videos, images, and other materials (“User Content”). You may submit User Content by messaging us or contacting us via the provided contact information. You acknowledge and agree that all User Content you provide to us: (i) will be treated as non-confidential, and (ii) will become the sole and exclusive property of SKYCLUB. Without limiting the foregoing, you acknowledge that your User Content may be disseminated or used by SKYCLUB for any purpose, including developing, improving, and marketing products. You hereby irrevocably transfer and assign to SKYCLUB all of your rights, title, and interest in and to all User Content, including all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such User Content.

You agree to sign and deliver such documents and provide such assistance as may reasonably be required from time to time to perfect SKYCLUB’s rights in such improvements, enhancements, and modifications.

In addition to the User Conduct Guidelines above, your User Content may not:

• Infringe on the rights of any third party, including but not limited to copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets, or any other intellectual property or proprietary rights.
• Violate any law, statute, ordinance, or regulation.
• Be defamatory, libelous, slanderous, or threatening.
• Contain offensive language or images, including sexually explicit content that is pornographic, obscene, harmful to minors, or in violation of child pornography or child sexual exploitation laws.
• Denigrate any ethnic, racial, sexual, or religious group through stereotypical depiction or otherwise.
• Exploit the images or likeness of any individual other than yourself, unless you have obtained express permission from such individual(s) for such exploitation.
• Promote physical harm of any kind against any individual or group or portray violence as acceptable, glamorous, or desirable.
• Provide instructional information about illegal activities.
• Contain viruses or other programming routines that may interfere detrimentally with computer systems or data, whether belonging to SKYCLUB or any third party.

10. ELECTRONIC AND TELEPHONIC COMMUNICATIONS

When you use the Sites, participate in the Services, or send e-mails, messages (e.g., via our chatbot feature), and other communications from your desktop or mobile device to us, you are communicating with us electronically. By using our Services, you consent to receive communications from us, including newsletters and updates, through various channels such as e-mail, text messages, phone calls, social media, and push notifications, using the contact information (e.g., email address, telephone number, including mobile number) you have provided. You agree that all agreements and consents can be electronically signed, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and communications be in writing.

Please note that we may send and receive recurring text messages through cellular telephone operators or other networks, and the reliability of delivery may vary. Your consent to receive such messages is not required as a condition of purchasing any goods or services. We cannot guarantee the timeliness or final delivery of text messages, as it is beyond our control and the responsibility of the cellular telephone operator or other networks. Standard messaging, data, and other fees may be charged by your carrier, and you are responsible for those charges. However, we will use your mobile number in accordance with our Privacy Policy. To learn more about our communications practices, please read our Privacy Policy.

If you wish to opt out of marketing emails from us, you can unsubscribe by following the unsubscribe options provided in the marketing email itself. If you wish to opt out of text messages from us, you can do so by texting the applicable keyword provided in the text message(s) from the mobile device that is receiving the messages. Please be aware that while we process your opt-out requests, you may still receive communications from us. You may also receive a communication confirming the receipt of your opt-out requests.

11. MODIFICATION AND SUSPENSION

We reserve the right, at any time and in our sole discretion, without prior notice to you, to modify, suspend, or discontinue the Sites, the Services, and SKYCLUB Content. We may also establish rules and limitations on the use of the Sites or restrict your access to all or part of the Sites or Services without notice or penalty. You agree that, to the fullest extent permitted by applicable law, we will not be liable to you or any third party for any modification, suspension, or discontinuation of the Sites, the Services, or SKYCLUB Content.

These Terms will remain in effect and continue to apply even if the Sites, Services, or your Account(s) are terminated, discontinued, or cancelled.

12. WARRANTIES BY USERS
You represent and warrant to SKYCLUB that you have the power and authority to accept and agree to these Terms, and that you own or have control over all the rights necessary to grant the rights and licenses granted herein.

13. DISCLAIMERS
By entering and/or using the Sites or participating in the Services, you acknowledge and agree that the information and services provided are on an “as is, as available” basis. SKYCLUB makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. No guarantees are made regarding the reliability or availability of the Sites, Services, or any information or software provided therein or in connection therewith (including SKYCLUB Content). Additionally, there are no warranties that the use of the Sites or Services will be uninterrupted or error-free, or warranties as to the completeness, accuracy, or timeliness of any SKYCLUB Content.

14. LIMITATION OF LIABILITY

You acknowledge and agree that, to the maximum extent not prohibited by law:

• Your use of the Sites and Services is at your own risk.
• You are solely responsible for the proper and safe handling, storage, use, and consumption of all products sold or distributed through the Sites or Services. You are also responsible for knowing about any allergies you may have and verifying products and their contents before handling, preparing, using, or consuming such products. You are responsible for reading and understanding all warning labels that accompany any products.
• Under no circumstance (including negligence), SKYCLUB or any parties involved in creating, producing, or delivering the Sites or Services shall be liable for any incidental, special, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind arising directly or indirectly from the Services or through the access to, inability to access, use of, or browsing of the Sites or through the downloading of any SKYCLUB Content or other materials, data, text, images, video, or audio from the Sites. This includes damages caused by viruses, bugs, human action or inaction, computer system or software malfunctions, or any other errors, failures, or delays in computer transmissions or network connections, even if SKYCLUB has been advised of such incidents.
• SKYCLUB is not responsible for any damages resulting from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance, whether or not caused by events beyond SKYCLUB’s reasonable control, including but not limited to force majeure events, communications line failure, theft, destruction, or unauthorized access to the Services or Sites’ records, programs, or services.
• Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, the above limitation or exclusion may not apply to you. If the limitation of liability is deemed unenforceable by a court of competent jurisdiction, SKYCLUB’s aggregate liability arising out of or in connection with these Terms shall be limited to one hundred U.S. dollars (US$100).
• To the fullest extent permitted by applicable law, you release, waive, acquit, and forever discharge SKYCLUB from all claims arising out of or in any way related to these Terms or the Services provided hereunder, on behalf of your heirs, executors, administrators, legal and personal representatives. If you are a California resident, you specifically waive your rights under California Civil Code 1542.
• The limitations set forth in this section will not limit or exclude liability for personal injury or property damage directly and proximately caused by products you purchase from us, or for our fraud, gross negligence, or intentional, willful, malicious, or reckless misconduct.
• You acknowledge and agree that the warranty disclaimers and limitations of liability set forth above are essential elements of the basis of the bargain between SKYCLUB and you, and will survive and apply even if your remedies are found or alleged to have failed of their essential purpose.

15. INDEMNIFICATION

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold SKYCLUB, its parent, subsidiaries, affiliates, licensors, and service providers, as well as its and their officers, directors, shareholders, agents, employees, and representatives (collectively referred to as the “SKYCLUB Entities”), harmless from and against any claims, liabilities, damages, losses, costs, and expenses. This includes bodily injury, illness, death, or damage to real or personal property, or any other injuries, losses, or damages of any kind, whether compensatory, direct, incidental, consequential, or otherwise. It also includes reasonable legal fees, litigation expenses, and costs, arising out of or related to:

• The Services and/or your access to or use of the Sites, including any SKYCLUB Content, and any features, functionality, tools, and promotions available on and through the Sites.
• Your breach of the Terms, including any violation of national, federal, state, or local laws or regulations, or any infringement or misappropriation of the rights of any third party.
• Your gross negligence or willful misconduct.

You agree that, at SKYCLUB’s option, you will conduct the defense of any such claim or action. However, SKYCLUB may still participate in the defense or settlement negotiations and pay its own associated costs. You will not enter into any settlement or compromise without the prior written approval of SKYCLUB, unless such settlement or compromise includes a full and unconditional release of the relevant parties from all liabilities and obligations regarding the claim or action.

No person or entity shall be entitled to any form of indemnification at any time, except as provided by the Terms.

16. USERS; THIRD PARTY WEBSITES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SKYCLUB HAVE AGAINST EACH OTHER ARE RESOLVED.

YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS SECTION 17, YOU ARE WAIVING THE RIGHT TO GO TO COURT AND HAVE A CLAIM HEARD BY A JUDGE OR JURY.

The Terms shall be governed by and interpreted in accordance with the laws of the State of Illinois without regard to Illinois’ conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods, which are hereby expressly excluded.

All disputes, claims, controversies, and matters arising out of or relating to these Terms, the breach thereof, or any transactions hereunder, including any questions of arbitrability (“Claims”), shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”) by a sole arbitrator. The parties shall endeavor to agree upon the arbitrator, and if they fail to do so within twenty-one (21) days of the commencement of the Arbitration, the appointment shall be made by the AAA in accordance with the AAA Rules. The place, or legal seat of the arbitration, shall be Chicago, Illinois, and the language of the arbitration shall be English. Each party shall be exclusively responsible for paying its own arbitration filing fees, which the arbitrator may later allocate as set forth below.

EACH PARTY AGREES THAT ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ON THAT PARTY’S OWN BEHALF AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY SORT OF CLASS OR PURPORTED CLASS, AND NO ARBITRATION COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY CLAIMS BY ANY OTHER PERSONS. FOR THE AVOIDANCE OF DOUBT, EACH PARTY HEREBY WAIVES THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND SKYCLUB OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.

The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance. Any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. However, it is clarified that the arbitrator is not authorized to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of jura novit curia. Each party retains the right to seek interim measures from a judicial authority, and such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The arbitrator, if any, shall award the prevailing party, as determined by the arbitrator, its reasonable costs, including reasonable attorney’s fees. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. Except as required by law, no information concerning an arbitration, beyond the names of the parties, their counsel, or the relief requested, may be unilaterally disclosed to a third party by any party. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.

Both you and we agree that if SKYCLUB makes any amendment to this “Governing Law and Dispute Resolution” Section in the future, that amendment will not apply to any claim that was filed in a legal proceeding against SKYCLUB prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this Section that have arisen or may arise between you and SKYCLUB. We will notify you of amendments to this Section by posting the amended Terms on the Sites. If you do not agree to the amended terms, you must cease using the Sites and/or participating in the Services immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SKYCLUB in accordance with the provisions of this “Governing Law and Dispute Resolution” Section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).

18. MISCELLANEOUS PROVISIONS

You may be given the ability to provide us with personally identifiable information on certain areas of the Sites or in conjunction with participation in the Services. Please read our Privacy Policy for more information about our information collection and use practices.

From time to time we may invite users to refer friends, family, or acquaintances to SKYCLUB. Any such referral program will be subject to the additional Referral Program Terms.

If any provision of these Terms shall be deemed to 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.

These Terms constitute the entire agreement between you and SKYCLUB regarding the use of the Sites and SKYCLUB Content and participation in the Services and supersede and replace any prior agreements you and SKYCLUB might have had regarding the Sites, SKYCLUB Content, and Services. By using the Sites or participating in the Services, you represent that you are capable of entering into a binding agreement.

We will not be deemed to be in breach of these Terms or liable for any breach of these Terms or our Privacy Policy due to any event or occurrence beyond our reasonable control, including, without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes, or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster (each a “Force Majeure” event or occurrence).

Nothing in these terms shall affect your statutory rights. SKYCLUB may (in its sole discretion) decline to enter into any correspondence, except as otherwise stated in these Terms.

19. CONTACT US
If you have any questions or concerns, please contact SKYCLUB at help@skyclub.la.

OVERNMENT WARNING: OUR PRODUCTS CONTAIN CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION. MEDICAL MARIJUANA PRODUCTS ARE FOR MEDICAL USE ONLY.

WARNING: Products that contain cannabis can expose you to chemicals including cannabis smoke and THC, which are known to the State of California to cause cancer and birth defects.

21. CHANGES TO THESE TERMS
SKYCLUB reserves the right to revise and update these Terms at any time and for any reason, with or without notice or obligation. Your use of the Sites or Services after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. In addition to posting the updated Terms, we reserve the right in our sole discretion to notify you of such revisions via email, if provided. You agree to periodically review these Terms to ensure you are familiar with the most recent version. You agree that you do not have any rights in the Sites and that SKYCLUB will have no liability to you if the Sites or Services are discontinued or your ability to access the Sites or participate in the Services are restricted.