EIR CLUB TERMS & CONDITIONS

Last Updated: April 8, 2022

Eirclub.com (the “website”) is a copyrighted work, owned and operated, by EIR Club LLC which is based in Denver, CO, USA. The terms “we”, “us”, and “our” refer to EIR Club LLC. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with our Privacy Policy and any terms, conditions, or disclaimers provided on the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, members, merchants, vendors, and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy, and warrant that you have the right, authority, and capacity to enter into this agreement. If you do not agree to the Terms, our Privacy Policy, or if you do not have the capacity to enter into this agreement, you are not authorized to access our website, use any of our website’s services or place an order using our partner brands’ websites.

USE OF EIRCLUB.COM. By using the website, you represent and warrant that you will only use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law, or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy, which can be found here.

NOT MEDICAL ADVICE. We do not offer medical advice. Any information accessed through our website, member’s only Electronic Health Records (EHR) platform and services (cannabis coaching and consultations), or within any of EIR Clubs’ social media pages or channels is for informational and educational purposes only, is not intended to be a substitute for medical advice, diagnosis or treatment and is not intended to cover all possible uses, directions, precautions or adverse effects. The information on our website, services, and provided via our social media pages, EHR platform, and member’s only channel should not be used for the diagnosis or treatment of any medical condition. Always consult with a qualified health care provider if you have questions about a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our website, services, or on our social media pages or channels.

ACKNOWLEDGEMENT OF FEDERAL LAW. Users expressly acknowledge that our website and services are for residents of states and localities with laws regulating medical or the recreational use of cannabis only and that medical cannabis collectives and patients are established pursuant to their respective local laws. Marijuana is included on Schedule 1 under the United States Controlled Substances Act. Under the federal laws of the United States of America, manufacturing, distributing, dispensing or possession of marijuana is illegal, and individuals are subject to arrest and/or prosecution for doing so. User further acknowledges that medical use is not recognized as a valid defense under federal laws regarding marijuana. User also acknowledges that the interstate transportation of marijuana is a federal offense.

FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE. The information contained on our website and the websites of our partners have not been evaluated by the FDA and are not intended to diagnose, treat, or cure any disease. Please consult your health care practitioner prior to use. The services offered for sale on our partners’ websites are neither intended for nor for sale to people under the age of 21. Please visit our partners’ “Terms & Conditions” pages for more information on the terms & conditions governing your use of their website.

GENERAL CONDITIONS. We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending, or discontinuing any aspect of the website and or the products and services provided through the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review these Terms regularly for any changes and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our website or for any service, content, feature, or product offered through our website. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.

ELIGIBILITY. You must be 21 years of age to use our website and/or Services within the United States.

MEMBERSHIPS. Based on current cannabis legislation and our  nurses’ license authority, we offer care in the following areas:

Memberships are available to individuals in the following medically legalized states, upon proof of current medical cannabis card ownership, residency, and age 21 or older: Alabama, Arkansas, Delaware, Florida, Iowa, Louisiana, Maryland, Missouri, New Hampshire, North Dakota, Oklahoma, South Dakota, Utah, and West Virginia.

Memberships are available to individuals in the following recreationally legalized states, upon proof of residency and age 21 or older: Arizona, California, Colorado, Maine, Montana, New Jersey, New Mexico, and Virginia.

We do not, and cannot legally, provide Memberships to residents of states that still consider cannabis illegal, including Georgia, Idaho, Indiana, Kansas, Kentucky, Nebraska, North Carolina, South Carolina, Tennessee, Texas, Wisconsin, and Wyoming.

NOT MEDICAL ADVICE. We do not offer medical advice. The educational, informational, and directional support our Cannabis Nurses provide about the safe use of legal cannabis (marijuana and hemp) is meant to guide Members to make their own decisions when it comes to supportive cannabis products. It is each member’s individual choice to accept or deny any or all recommended cannabis products, aka product matches. All recommendations are developed with incorporation of the appropriate use of cannabis therapeutics and modalities that support the optimal functioning of the endocannabinoid system, utilizing evidence-based assessment techniques to identify member health patterns.

MEMBERSHIP PORTAL. In order to use certain features of our website (e.g., to access an individual Member Portal), you must register for a membership with EIR Club (“EIR Membership”) and provide certain information about yourself as prompted by our website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, and (b) you will maintain the accuracy of such information at all times. You may not create more than one EIR Membership account, or access anyone else’s account. EIR Club may suspend or terminate your EIR Membership. You may delete your EIR Membership at any time, for any reason, by sending an email to memberships@eirclub.com including your full name, email address, and your request to delete your account.

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

MEMBERSHIP FEES, ELECTRONIC HEALTH RECORDS, & HIPAA COMPLIANCE. We deploy MedicalMine, Inc., a California corporation, that provides a suite of web-based software services including ChARM EHR for electronic health records hosted at charmhealth.com, charmehr.com, and ehr.charmtracker.com/ (“ChARM EHR Services”), ChARM PHR for personal health records at charmphr.com and phr.charmtracker.com/ (“ChARM PHR Services”), associated mobile applications including ChARM EHR Scheduler and ChARM EHR Kiosk, among others (collectively, the “Services”). Our Services, HIPAA compliance, user sign-up, communications, personal information & privacy, membership fees & payments, disclaimers, restrictions of use, suspension of access for non-payment, data collection, and virtual consultations are subject to ChARM’s ‘Terms of Service.’ Please read and review these terms & conditions before registering for our Services. You must be at least 21 years of age to enter into this binding agreement. If you are not at least 21 years old or if you do not agree to each of charmhealth.com’s “Terms of Service,” you are prohibited from and must not access or use any of our Services.

PAYMENT PROCESSING. We deploy PaymentCloud, an integrated payment processor, to ensure your data is safe and secure. Our Service payment processing is subject to PaymentCloud’s Terms of Service. Please read and review these terms before registering for our Services. You must be at least 21 years of age to enter into this binding agreement. If you are not at least 21 years old or if you do not agree to each of charmhealth.com’s and PaymentCloudinc.com’s “Terms of Service,” you are prohibited from and must not access or use any of our Services. Members will be billed by EIR Club.

AFFILIATE SERVICES. EIR does not sell products but does refer members and users to third-party service providers. All of the services and descriptions, affiliate rates, and discount codes listed on our website were built and offered through partner brands. As a customer on our website, you’ll be sent to our partners’ websites through affiliate links, for purchasing services, using EIR’s unique discount codes at checkout. EIR receives commission on all purchases made using our partners’ unique service links and discount codes. We do not handle the data collection of sales – all sales are subject to our partner’s terms and conditions, data, and privacy policies.

Services listed on our website are subject to our partner brands’ service availability, whose sole discretion may be to limit or cancel the quantities offered on their websites or limit the sales of their services to any person, household, geographic region, or jurisdiction.

Prices for our partner brand services are subject to change, without notice, which may or may not be reflected on our website. Unless otherwise indicated, our discount codes are applied to prices displayed on our partners’ websites, quoted in U.S. dollars, and do not include taxes. They reserve the right, in their sole discretion, to refuse orders. If our partner brands believe that you have made a false or fraudulent order, they will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies they have at law.

Our partners reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not promote affiliate links or discount codes that are in violation of the United States Controlled Substances Act. Our partners do not sell and distribute products that contain hemp-derived ingredients.

SHIPPING POLICY. We are not responsible for the shipment of orders made through the affiliate links and discount codes listed on our website. All purchases are subject to our partners’ shipping policies, fees, and timelines. Please review before purchasing, reaching out to them directly with questions and/or concerns.

RETURN & EXCHANGE POLICY. We are not responsible for the exchange or refund of any purchased services made using the affiliate links and discount codes listed on our website. All exchanges or refunds, if available, are subject to our partners’ policies. Please review before purchasing, reaching out to them directly with questions and/or concerns.

LINKS TO THIRD-PARTY WEBSITES. Links from or to websites outside our website are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party including any third-party advertising on our website, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website, or analyst coverage should not be taken as an endorsement by us of the views, analysis, or projections contained in such materials.

YOUR PERSONAL INFORMATION. Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

ERRORS AND OMISSIONS. Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice. Such errors, inaccuracies, or omissions may relate to memberships, product descriptions, pricing, promotion, and availability. We do not undertake to update, modify or clarify information on our website, except as required by law.

EMAIL MARKETING PROGRAM TERMS AND CONDITIONS. We offer a newsletter subscription program, which you agree to use and participate in subject to these Email Marketing Terms and Conditions and Privacy Policy (the “Agreement”) located in Our Privacy Policy.

DISCLAIMER AND LIMITATION OF LIABILITY. You assume all responsibility, liability, and risk with respect to your use of our website and any information and materials contained on the website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course or dealing or otherwise with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our website or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.

In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers, or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our website, our services or any content or material or available on or through our website, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the website, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages.

Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.

INDEMNIFICATION. You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our website including in connection with any products offered through our partners’ websites, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights.

ENTIRE AGREEMENT. These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

WAIVER. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

HEADINGS. Any headings and titles herein are for convenience only.

SEVERABILITY. If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

GOVERNING LAW. Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our affiliate products or services offered on our website will be resolved in accordance with the laws of the State of Colorado without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the State of Colorado in the City of Denver, Colorado and you irrevocably consent to the exclusive jurisdiction and venue of such courts. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration and further (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.