Terms of Use

1. Acceptance of Terms

These Terms of Use (these "Terms") are between you and Jet City Retail, Inc., doing business as Uncle Ike's ("Uncle Ike's", "we", "us", or "our"), and govern your access to and use of the Uncle Ike's websites that incorporate or link to these Terms, including any content, functionality, or services offered on, through, or in connection with the websites (the "Sites"), and your access to and use of the Uncle Ike's mobile application (the "Application") (collectively, the Sites and the Application are referred to as the "Services"). Your access or use of the Services is also conditioned upon your acceptance of our Privacy Policy (available here: www.ikes.com/privacy-policy) (the "Privacy Policy").

PLEASE READ BOTH THESE TERMS AND THE PRIVACY POLICY CAREFULLY. BY CHECKING A BOX OR CLICKING A BUTTON ONLINE OR WITHIN THE APPLICATION INDICATING THAT YOU AGREE TO THESE TERMS, OR BY OTHERWISE ACCESSING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

PLEASE REVIEW SECTION 15.9 CAREFULLY. BY AGREEING TO THESE TERMS, EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A LEGAL ACTION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

These Terms apply to all users of the Services, including, without limitation, users who are browsers, customers, merchants, vendors, and/or other persons who engage with our content. If you access the Services on behalf of a company, organization, or entity, then: (a) the term "you" as used herein includes you and that company, organization, or entity; (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and to bind the company, organization, or entity to the terms of these Terms; and (c) you agree to the terms of these Terms on behalf of the company, organization, or entity.

2. Changes to Terms

2.1. Changes to Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, remove, add to, or otherwise change or replace any part of these Terms by posting updates and/or changes here (www.ikes.com/terms-of-use). It is your responsibility to check this page periodically for changes to the Terms. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of any changes to the Terms.

2.2. Promotional Plans. We may also offer special promotional plans, memberships, or services on, through, or in connection with the Services, that, unless otherwise indicated, constitute "Services" subject to these Terms, but which may be subject to additional or different terms and conditions that you must agree to prior to accessing or using. We reserve the right to modify or terminate these promotion plans and offerings at any time, with or without notice.

3. General Conditions

3.1. The Services are intended for use only by persons who are at least 21 years of age who have the capacity to form a binding contract. By accessing or using the Services, you represent that you are at least 21 years of age. You may not access or use the Services if you are under the age of 21.

3.2. Legal Compliance. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal (other than violations of the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., incident to the Services), and international laws that may apply to you, including, but not limited to, the Washington Uniform Controlled Substances Act (Chapter 69.50 RCW) and rules and regulations promulgated by the Washington State Liquor and Cannabis Board (WAC 314-55 et seq.).

4. Mobile Application

The terms in this Section 4 apply to your installation and use of our Application.

4.1. Application Use Conditions

By installing the Application, you represent to Uncle Ike's that:

1. You have read, understood, and agree to these Terms, and you consent to us collecting and using information about you in accordance with the Privacy Policy.
2. You consent to receiving communications from us electronically. We may use the Application to communicate with you through text or in-app push notices and may also communicate by posting notices and messages through any of the Services.
3. By installing our Application, you willingly and knowingly agree that all contracts, notices, disclosures, agreements, and other communications that we provide to you through the methods described herein satisfy any legal requirement that such communications be in writing.
4. Your continued access to the Application will be deemed your continued acceptance of these Terms and the Privacy Policy, as may be amended by us from time to time.
5. You acknowledge and agree that the availability of the Application is dependent on the third-party app platform (such as the Apple App Store and Google Play Store) from which you received the Application ("Third-Party Platform"). Each Third-Party Platform may have additional terms to which you must agree before you are able to download our Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable agreements, terms, and conditions of use/service, and other policies of the applicable Third-Party Platform.

4.2. Apple Application Additional Terms

1. These Terms are between Uncle Ike's and you; Apple, Inc. ("Apple") is not a party to these Terms.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Application on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
3. Apple is not responsible for the Application or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
4. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
5. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your possession or use of the Application, including without limitation (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third-party claim that the Application or your possession and use of the Application infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third party beneficiaries of this Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

If you have any questions, complaints or claims with respect to the Application, you may contact us at: Jet City Retail, Inc., 2314 E. Union St., Seattle, WA, 98122.

4.3. Termination of your Application Account; Removal of Application. You understand, acknowledge, and agree that Uncle Ike's may discontinue providing the Application, or suspend or terminate your use of the Application, at any time with or without prior notice. Cause for termination shall include, but not be limited to: (i) breaches or violations of these Terms or the Privacy Policy, or other agreements, policies, guidelines, or rules incorporated by reference therein; (ii) requests by law enforcement or other local, state, or federal government agencies or divisions; (iii) any attempts to breach our security, private accounts, or other protected content on our Sites; (iv) discontinuance or significant modification to our Sites or Services (or any part thereof); (v) unforeseen technical, electronic, mechanical, or other difficulties or security issues; (vii) knowing, willing, and/or negligent engagement by you in any form of deceitful, fraudulent, counterfeit, or illegal activities. Following termination, we may take technical and/or legal steps to prevent you from using our Services in the future. Uncle Ike's also reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You may remove the Application from your device at any time. Please note that any personal data or other information that we collect from you, including your devices, will be managed in accordance with our Privacy Policy. Even if you remove the Application from your device, you may re-install the Application any time unless we have terminated your right to install and use the Application.

5. Accuracy, Completeness and Timeliness of Information

5.1. Accuracy, Completeness, and Timeliness of Information. While we strive to ensure that the Services and the information made available on or through the Services are up to date and accurate, we are not responsible if information made available on or through the Services is not accurate, complete or current. The information made available on or through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material made available on or through the Services is at your own risk.

5.2. Historical Information. The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Services, including the information made available on or through the Services, at any time, but we have no obligation to update any information made available on or through the Services.

6. Access to and Use of the Services

6.1. Restrictions on Your Access to and Use of the Services. In connection with your access to or use of the Services, you are prohibited from:

• accessing data not intended for you or logging onto a server which you are not authorized to access;
• using any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to access, navigate, or search the Services, other than generally available third-party web browsers (e.g., Mozilla Firefox, Google Chrome and Microsoft Edge);
• using any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on or through the Services;
• attempting to probe, scan or test the vulnerability of the Uncle Ike's system or network or to breach security or authentication measures;
• attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Services or through the Services, overloading, "flooding," "spamming," "mailbombing" or "crashing";
• forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
• copying, modifying, adapting, reproducing, reverse engineering, decompiling, disassembling, or preparing derivative works of our software or content, or any content made available to you through the Services that is not your own;
• distributing viruses, malicious code, malware or any other technologies that may harm the Services or any user of the Services;
• violating or circumventing any applicable laws or regulations, or any technical measures, security measures or policies of the Services;
• violating, infringing, or breaching the rights of Uncle Ike's or a third-party, including, but not limited to, any copyrights, trademark rights, patent rights, trade secret rights, rights of publicity or personality, moral rights, or any other proprietary rights; or
• submitting to or through the Services any false, inaccurate, misleading, deceptive, defamatory, or libelous materials or content.

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

7. Ownership and Intellectual Property Rights

7.1. Ownership. The Services and all information, content, and materials offered on or through the Services, including, but not limited to, text, images, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Services or accessible through the Services, other than your User Content (collectively, "Uncle Ike's Content"), is the property of Uncle Ike's or its licensors. No right, title or interest in any Uncle Ike's Content is transferred to you by way of these Terms or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Uncle Ike's Content or the Services without our express written consent.

7.2. License Grant to You. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Services solely (i) for your personal, non-commercial, and transitory use; and (ii) in accordance with the terms of these Terms. All rights not expressly granted in these Terms are reserved by us. The license does not permit you to: (i) resell or make commercial use of Services, or any contents that we provide through the Services; (ii) collect, scrape, download, reproduce, distribute, copy, or use Uncle Ike's Content; or (iii) make any derivative use of any of our Services or Uncle Ike's Content. All rights not expressly granted to you in these Terms are reserved and retained by Uncle Ike's. The licenses granted under this provision shall immediately and automatically terminate should you fail to comply with these Terms.

7.3. User Content and License Grant to Us. When you transmit any information, content, materials, or data to or through the Services ("User Content"), you are not forfeiting any ownership rights you may have in the User Content. However, by submitting User Content on or through the Services, you grant Uncle Ike's and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell or participate in the sale of or exploit in any way, and display, in whole or in part, such User Content, including, but not limited to, throughout the world in any media, as necessary (a) to provide, maintain and improve the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly authorized by you. You represent and warrant that you own or have obtained all necessary rights and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under these Terms does not violate or infringe upon the rights of any person or entity. Uncle Ike's will not be responsible for any loss, destruction, alteration or disclosure of your User Content.

8. Third-Party Services; Third-Party Policies

8.1. References on the Services or through the Services to any third parties or any products or services of such third parties, are provided solely as a convenience to you. We do not endorse, recommend, approve of, or make any representations or warranties regarding any third parties or their products or services. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk. You understand that your information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8.2. We may provide you with the ability, through use of a third-party order platform, to place orders for products to be picked up in our retail store locations. The order platform is owned and controlled by the third-party platform provider, not Uncle Ike's. By placing an order, you may be required to agree to, and your order may be subject to, terms and privacy policies of the third-party platform provider ("Third-Party Policies"). Third-Party Policies are in addition to, and not in lieu of, these Terms.

9. Disclaimer of Warranty

THE SERVICES ARE PROVIDED BY UNCLE IKE'S ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNCLE IKE'S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, OR INFORMATION, CONTENT, OR MATERIALS OFFERED ON OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNCLE IKE'S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. UNCLE IKE'S DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE, CURRENT, ACCURATE, COMPLETE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS, AND YOU ACKNOWLEDGE THAT UNCLE IKE'S WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.

UNCLE IKE'S MAKES NO REPRESENTATION REGARDING THE LEGALITY OF THE MANUFACTURE, DISTRIBUTION, SALE, AND/OR POSSESSION OF MARIJUANA, ASSISTING WITH OR CONSPIRING TO DO THE SAME, OR ANY SUCH ACTIVITIES BY OR THROUGH THE SERVICE OR WEBSITE UNDER UNITED STATES FEDERAL LAW. YOU ARE RESPONSIBLE FOR ANY CIVIL, CRIMINAL, OR ADMINISTRATIVE INVESTIGATIONS, PROCEEDINGS OR PENALTIES THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR THE SITES, AND UNCLE IKE'S EXPRESSLY DISCLAIMS ANY SUCH LIABILITY OR RESPONSIBILITY.

10. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL UNCLE IKE'S, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF UNCLE IKE'S, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT WILL UNCLE IKE'S BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU (IF ANY) IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS UNCLE IKE'S, ITS AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR IMPROPER USE OF THE SERVICES, OR YOUR BREACH OF ANY APPLICABLE LAW OR INFRINGEMENT OF THE RIGHTS OF A THIRD PARTY. UNCLE IKE'S SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM AT ITS OWN COST. YOU MAY NOT SETTLE OR NEGOTIATE ANY CLAIM THAT RESULTS IN LIABILITY TO, OR IMPOSES ANY OBLIGATION UPON, UNCLE IKE'S, FINANCIAL OR OTHERWISE, WITHOUT THE WRITTEN CONSENT OF UNCLE IKE'S.

12. Information About You and Your Use of the Services

We collect and use information about you in accordance with our Privacy Policy. By using the Services, you consent to such collection and use, and you represent and warrant that all information provided by you is accurate.

13. Limitation on Time to Bring Claims

To help resolve any issues between us promptly, unless prohibited by applicable law, you may only initiate a claim against Uncle Ike's arising out of or relating to these Terms or the use of (or inability to use) the Services within one (1) year after the claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.

14. Termination

These Terms shall remain in force and effect unless and until terminated by either you or us. We reserve the right to immediately suspend or terminate your current or future use of the Services, with or without notice or liability, at any time and in our sole discretion, for any business reason or if we determine or suspect that you have breached or threaten to breach these Terms, violated any law, rule, or regulation, or engaged in other inappropriate conduct. Upon termination of these Terms, you must immediately discontinue use of the Services. Even after any such termination, all provisions of these Terms that by their nature should survive, will survive, including, without limitation, ownership provisions, dispute resolution provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

15. Miscellaneous Terms

15.1. Changes to the Terms and Privacy Policy; Changes to the Services. From time to time, we may make changes to these Terms and/or our Privacy Policy. When we make material changes, we will do our best to notify you through a prominent notice on the Sites. Continued use of our Sites and/or Services following such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Uncle Ike's reserves the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate, temporarily or permanently, the Services, and any part thereof, with or without notice to you. Uncle Ike's shall have no liability to you or any other person or entity for any modification, suspension, or termination of the Services or any part thereof.

15.2. Consent to Electronic Communications. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Services or through the Services, satisfy any legal requirement that such communications or agreements be in writing.

15.3. Legal Notices to Uncle Ike's. Communications made through the Service's email and messaging systems will NOT constitute legal notice to Uncle Ike's or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

15.4. Assignment. You may not assign your rights under these Terms without the prior written permission of Uncle Ike's and any attempt by you to do so shall be null and void. Uncle Ike's may assign these Terms or delegate its rights or obligations hereunder in its sole discretion.

15.5. Waiver. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.

15.6. Severability. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.

15.7. Relationship of the Parties; No Third-Party Beneficiaries. Uncle Ike's and you are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between Uncle Ike's and you. Except as set forth in Section 4.2, there are no third-party beneficiaries to these Terms.

15.8. Governing Law; Forum. These Terms will be construed in accordance with and governed exclusively by the laws of the State of Washington applicable to agreements made among Washington residents and to be performed wholly within such jurisdiction, regardless of the parties' actual domiciles. Uncle Ike's and you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts of King County, Washington, for any legal action between Uncle Ike's and you, and Uncle Ike's and you each waive any objection to jurisdiction and venue in such courts.

15.9. Class Action Waiver. YOU AND UNCLE IKE'S AGREE THAT ANY CAUSE OF ACTION, LEGAL CLAIM, OR DISPUTE BETWEEN YOU AND UNCLE IKE'S ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES (EACH A "CLAIM") MAY ONLY BE BROUGHT, AND MUST BE RESOLVED, ON AN INDIVIDUAL BASIS. CLASS ACTIONS AND CLASS ARBITRATIONS ARE NOT PERMITTED. NEITHER YOU NOR UNCLE IKE'S MAY BRING, JOIN, OR PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION, COLLECTIVE OR CLASS-WIDE ARBITRATION, OR ANY OTHER ACTION WHERE ANOTHER INDIVIDUAL OR ENTITY ACTS IN A REPRESENTATIVE CAPACITY (SUCH AS PRIVATE ATTORNEY GENERAL ACTIONS).

15.10. Entire Agreement. These Terms, including all agreements referred to and incorporated herein (including the Privacy Policy), set forth the entire understanding and agreement between you and Uncle Ike's regarding the subject matter of these Terms, and supersedes any and all other oral or written agreements or understandings between us regarding your access to and use of the Services.