Privacy Policy

Terms of Service

Last Updated: July 25, 2024

These Terms of Service ("Terms") form a legally binding agreement between you ("you" or "your") and Sanctum Goods, LLC dba Genie and its affiliates (collectively, "Genie," "we," "us," or "our"), governing your access to and use of Genie's services. Genie's services include all websites that link to these Terms, including the website located at www.genieapp.us, our mobile application (“App”), our artificial intelligence model (“Genie”) and the content, information, functionality, products, or services they make available (collectively, the "Services").

We are committed to protecting the privacy of our users and take our duty to protect your information seriously. These Terms incorporate our Privacy Policy, as well as any other policies, guidelines, or rules we may make available through the Services, and any supplemental terms you may agree to in connection with particular Services.

By using the Services, you agree to be bound by these Terms. Please read them carefully. You may contact us with questions.

Important: These Terms require you and Genie to resolve any disputes through binding, individual arbitration instead of a government court. This means you waive your right to have the dispute decided by a court or jury. You may opt-out of arbitration within 30 days of accepting these Terms under Section 11(k). See Dispute Resolution to learn more.

1. Updating these Terms

As the Services evolve, we may update, change, or replace any part of these Terms at our sole discretion by posting updates and/or changes to the Services. We will try to notify you if we make significant changes, but it is your responsibility to check this page periodically for changes. You can review the most current version of the Terms at any time on this page. Your continued use of or access to the Services after the Last Updated date constitutes acceptance of the current Terms.

YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY CONTINUING TO USE THE SERVICES. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT GENIE MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SERVICES.

2. Eligibility

To use the Services, you must comply with these requirements and restrictions:

21+ only: You represent that you are at least 21 years old or, if you are a valid medical cannabis patient, at least 18 years old (“Legal Minimum Age”). You also represent that your use of the Services does not violate any applicable law or regulation, except for federal laws related to cannabis. Any use of the Services by persons under the Legal Minimum Age is strictly prohibited.
Business use: If you are using the Services on behalf of a business, you represent that you have all legal authority necessary to bind the business to these Terms, and ‘you’ refers to you and the business collectively. These Terms apply to all users of the Services, including users who are browsers, vendors, customers, merchants, and/or contributors of content.
Legal acknowledgment: You confirm you have read the Cannabis Acknowledgement and No Health Advice sections below.

3. Cannabis Acknowledgment

You acknowledge that the Services are intended solely for residents of states and localities with laws authorizing and/or regulating the medical or recreational use of cannabis, and only to the extent permitted by such laws. Cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation, and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK. USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THE SERVICES.

You assume all risk of damage or loss incurred as a result of your consumption of hemp products, cannabis, or cannabis products. Although the Services, including through your use of Genie, may provide information regarding cannabis, cannabinoids and cannabinoid-containing hemp and cannabis products, including potency, pharmacologically active ingredients, source of cultivation, recommended uses and benefits, as well as information we collect about a user’s experiences and preferences (collectively, “Cannabis Information”), such Cannabis Information should in no way be construed as medical advice nor is it intended to cover all possible uses, directions, precautions, or adverse effects. You are responsible for all decisions made and actions taken or not taken based on the Cannabis Information. All Cannabis Information is provided for informational and educational purposes only and is not intended to be a substitute for medical advice or for the purpose of diagnosis, treatment, cure, mitigation, or prevention of any disease. Any statements made about cannabis or cannabinoids have not been evaluated by the U.S. Food and Drug Administration. Statements made on third-party product labeling and advertising, including linked websites and product images, do not represent the positions, opinions, or statements of Genie. You and any other user of any product on the Services are solely responsible for the use of such product and the consequences of such use. Any illegal use or resale of any products listed on the Services could subject you to fines, penalties, and/or imprisonment under state and federal law.

4. No Health Advice

The Services do not provide medical or health advice and are not intended for the diagnosis, treatment, or evaluation of medical or health conditions.

Always consult your primary care physician or other qualified healthcare provider before using a hemp product, cannabis, or a cannabis product for treatment of a medical condition. Never disregard professional medical advice or fail to seek it following receipt of Cannabis Information from the Services where your use of cannabis is to treat a medical condition. We cannot guarantee the accuracy of any Cannabis Information and you should not rely on such Cannabis Information. If you believe or suspect that you have a medical problem, promptly contact your doctor or healthcare provider. Never disregard advice from a medical professional based on something you read on the Services.
Keep all hemp, cannabis, and cannabis products out of reach of children and animals. Use of cannabis or hemp while pregnant or breastfeeding may be harmful. Intoxicating effects of cannabis and cannabis products may be delayed up to two (2) hours. Consumption of cannabis and cannabis products impairs your ability to drive and operate machinery. Do not operate vehicles or machinery while under the influence of cannabis.

5. Accounts

Certain features of the Services require a user account (“User Account”). To register, you must provide your age, email address, and a username and password. You will then be given the option to create a profile, in response to which you may, but are not required to, provide your gender, date of birth, height, weight, and a profile picture (“Customer Data”). You must provide complete and accurate information, and you have an ongoing obligation to update this information if and when it changes. Failure to timely update the foregoing information may affect: (i) our ability to provide you with the Services you request; and (ii) your ability to access the Services. Our Privacy Policy, which is incorporated into these Terms by reference, describes our collection and use of your personal information. An age verification check will occur when entering the Services and during the registration process to confirm that you are of Legal Minimum Age.

You are solely responsible for maintaining the confidentiality of your password. You agree that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You may not use the User Account, username, or password of someone else at any time. You are also solely responsible for activity through your User Account. Notify us immediately of any unauthorized use of your User Account, username, or password.

You may not create more than one User Account. By registering and obtaining a User Account, you affirm you will follow the Terms and your registration constitutes your consent to enter into agreements with us electronically.
We shall not be liable for any loss that you incur as a result of someone else’s using your User Account, username, or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your User Account, username, or password.

We reserve the right to terminate your User Account or to refuse Services to you, without prior notice to you, at any time and for any or no reason.

6. Outside Links, Materials, and Terms

The Services may link, embed, integrate, or connect to third-party services (“Outside Materials”). Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider.

These Terms do not apply to Outside Materials. We are also not a party to Outside Terms. By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, the content, performance, and reliability of Outside Materials and any act or omission of any provider of Outside Materials. We do not warrant, endorse, or otherwise guarantee the Outside Materials’ content or services or their integration, interoperation, or support with the Services.

If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third-party provider directly, your state Attorney General, or the Federal Trade Commission at www.ftc.gov.

7. Orders for Products

If you buy products through our platform, you agree to pay the merchant when you order. Payment, shipping, and delivery are fulfilled by our third-party partners.

Products. In addition to recommending nearby retailers, the Services facilitate the purchase of physical goods and merchandise online, including cannabis and cannabis products (all goods and merchandise offered for sale online, “Products”). Products may have limited quantities and are subject to refund, return, or exchange only as described in your order confirmation. Unless otherwise noted, all currency references are in U.S. Dollars. While we try to maintain the accuracy of the Services, we are not responsible or liable if any Product description or other information is not accurate, complete, reliable, current, or error-free. In particular:

Products may occasionally be mispriced, described inaccurately, or unavailable, for example, due to delay or disconnection with our inventory or pricing systems.
Any weights, measurements, dosages, and similar descriptions are provided by the manufacturer of the Product and may not be reflected by the particular Product(s) you receive.
No electronic image can accurately represent a physical Product’s real-life color or texture. Your display’s technology, your device settings, and your surroundings all affect how you perceive electronic depictions of our Products.

Availability; Pricing; Limits. We reserve the right, but are not obligated, to:

Reprice or discontinue any Product for any reason at any time
Limit quantities of products available per order, household, or user, or cancel orders in excess of those quantities;
Refuse or cancel any order for any reason, for example, orders that appear to be placed by dealers, resellers, or distributors. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will email the address provided with the order.

Payments. When you purchase Products, you (i) agree to pay the price for such Products, any shipping and handling charges, and all applicable taxes, as set forth on the final page of the ordering process (the “Full Purchase Amount”).

Payments to Genie. All payments and payment information provided to Genie are processed by our third-party payment processor (any, “Payment Processor”). As of the Last Updated date, payments for Products are processed by Bankful. You agree that the Payment Processor may charge all amounts due and owing in connection with your purchases to the payment mechanism selected by you and accepted by the Payment Processor (“Payment Method”) at the time of your purchase. You acknowledge and agree that all information you provide to purchase Products, such as your Payment Method or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal right to use the Payment Method you provide to the Payment Processor.

Payments to third-party merchants. For Products sold by third-party merchants, including all cannabis Products, the third-party merchant will determine the payment method and, if applicable, payment processor for your order, which may include payment card or cash, and may occur at order time or at delivery.

Future orders. The Services may allow you to purchase Products and designate them to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of shipment or provision of the applicable Product.

Changes and Pricing. We may, at any time, revise or change the pricing, availability, specifications, content, descriptions, or features of any Products. If a Product itself is not as described on the Services, your sole remedy is to return it (for physical products, in unused condition) as described in our [Refunds and Exchanges page]. We reserve the right to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes will be effective immediately upon posting a new Product price to the Services or upon making the customer aware of the pricing error.

Order Acceptance; Shipment; Delivery. Once the Services receive your order for a Product, you will receive an order confirmation. Your order confirmation confirms that the Services received your order but does not signify acceptance. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. If we cancel an order after you have already been billed, our Payment Processor will refund the billed amount. If you choose to have Products delivered, your delivery will be handled by a third-party delivery provider. The providers vary based on your location. You will receive delivery confirmation messages with more information. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. Title and risk of loss for any purchases of physical products pass to you when the delivery provider takes possession of the products. We reserve the right to ship partial orders (at no additional cost to you).

Promotional Codes. We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future Products or other features related to the Services, subject to any additional terms that we establish. You agree that Promos: (i) must be used in a lawful manner; (ii) must be used by the intended audience or individual; (iii) may not be duplicated, sold, or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason; (v) may only be used pursuant to the specific terms that we establish; (vi) are not valid for cash or other credits or points; (vii) may expire prior to your use; (vii) are not valid on previous purchases. Promos may exclude certain Products (like bundled items and Gift Cards) and may not apply to sale or markdown Products. Full-price products only.

Gift Cards. Tangible or digital gift cards containing stored money value may be offered by us for certain purchases on the Services (“Gift Cards”). You acknowledge that we are not responsible for any unauthorized use, alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit the use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant to us that use of the Gift Card will comply with these Terms and all applicable laws, rules, and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and we will not assess a service fee or dormancy fee with respect to a Gift Card.

8. Content

Genie Content

The Services and their content (“Content”), including without limitation all trademarks and all logos contained therein, are owned by or licensed by us and are subject to copyright and other intellectual property rights under applicable laws. Content includes all source code, databases, functionality, software, mobile applications, website designs, audio, video, text, photographs, and graphics, and all other intellectual property exhibited or made available on or through the Services. All graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks, or trade dress of ours or our partners. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Content is provided to you ‘as is,’ for your information and personal use only. Content may not be used, copied, reproduced, distributed, sold, licensed, or otherwise exploited for any other purposes whatsoever. Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use in accordance with these Terms. We reserve all rights not expressly granted to you in and to the Services and Content.

We are not responsible if Content is not accurate, complete, or current. We may modify Content at any time, but we have no obligation to update any information on our Site.

Your Content

You grant us a license to use any content you choose to submit, upload, or transmit in connection with the Services. By reviewing, posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content, including content in your User Account (“User Content”) in connection with the Services, you are granting us, our affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Services, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content; and you agree that we may publish or otherwise disclose your User Content in our sole and absolute discretion. However, our use of your User Content remains subject to the limitations described in our Privacy Policy.

You will not be compensated for any User Content. By submitting User Content through the Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

You agree that your User Content will not contain libelous or otherwise unlawful, abusive, obscene, deceptive, or otherwise objectionable material or involve any commercial activity or promotion. Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you provide and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party.

We may, but have no obligation to, monitor, edit, or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights, or these Terms.

User Content includes Product Usage Data (as defined in the Privacy Policy), such as any ratings or reviews you post through the Services. By creating a User Account, you agree not to post ratings or reviews on the Services that are not based upon your own personal experience or that serve any purpose other than providing you or other users of the Services with an accurate account of your personal experience with such product or products. Ratings or reviews not based on personal knowledge may not be posted on the Services. If you own, are employed by, or otherwise have a financial interest in an entity that produces, distributes, or sells products presented on the Services, you may not post reviews or ratings about such products or products produced, distributed, or sold by competitors.

9. Prohibited Use

In addition to other prohibitions described in these Terms, you are prohibited from using the Services or its Content: (a) for any unlawful purpose or in violation of our User Content Guidelines; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) to otherwise attempt to interfere with the proper working of the Services. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

10. Disclaimer Of Warranties; Limitation Of Liability

Disclaimer: YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SANCTUM GOODS, LLC DBA GENIE, ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

GENIE DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH GENIE ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING THE CANNABIS INFORMATION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You are solely responsible for, and assume all risks related to:

Proper and safe handling, storage, use, and consumption of all products sold or distributed through the Services.
Any allergies you may have and verifying products and their contents before handling, preparing, using, or consuming such products.
Reading and understanding all warning labels that accompany any products.

Excluded liabilities: NEITHER SANCTUM GOODS, LLC DBA GENIE, ITS AFFILIATED OR RELATED ENTITIES, ITS VENDORS NOR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT LOSS, DAMAGES (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SERVICES. Genie is not liable for any defamatory, offensive, or illegal content or conduct of any user.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Cap on damages: Notwithstanding anything to the contrary contained herein, Genie and its affiliates’ aggregate liability to you, for any cause whatsoever and regardless of the form of the action, will be limited to the greater of (a) the amount paid, if any, by you to Genie for Products and Services during the six (6) month period prior to the date the claim arose, and (b) one hundred ($100) dollars.

11. Indemnification
You agree to indemnify, defend, and hold harmless Genie, its affiliates, partners, shareholders, members, officers, directors, employees, interns, agents, distributors, and vendors from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorneys’ fees and expenses, resulting from or relating to:

Your breach of these Terms or the documents it incorporates by reference,
Your violation of any law or any third-party rights,
Your user content,
Your use of the Services, products, or content, or any information obtained through the Services.

Notwithstanding the foregoing, Genie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Genie, and you agree to cooperate, at your expense, with Genie’s defense of such claims. Genie will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

12. Dispute Resolution

In the event of a dispute, you and Genie agree to try to resolve it informally first. If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court. You may opt-out of arbitration within 30 days of agreeing to this Agreement, as described below.

You agree to resolve disputes with Genie through binding arbitration, except as described in this Section 12 (“Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Non-business users may opt-out of arbitration under Section 12(k).

Covered Disputes. You and Genie agree that any dispute or claim between you and Genie arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Genie. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide, or other multiparty basis.

Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Genie:

Small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
Claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

Informal Dispute Resolution First. Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to dispute@genieapp.us so that we can work together to resolve the Dispute. This Section 12(c) is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address, and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
Likewise, if Genie has a Dispute with you, Genie will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.
If the Dispute is not resolved within sixty (60) calendar days of when either you or Genie submitted a Pre-Arbitration Demand, an arbitration can be brought.
This Section 12(c) does not apply to claims brought under the exception to arbitration in Section 12(b).

Arbitration Procedure. If, after completing the informal process in Section 12(c), either you or Genie wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Genie address in Section 12(c). Genie will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Genie agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.

The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Arbitration Clause will govern to the extent it conflicts with the NAM rules.
If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.
Arbitration hearings will take place through videoconferencing, unless you and Genie agree upon another location in writing. A single arbitrator will be appointed.
The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced in any court with jurisdiction over the dispute. The arbitrator’s decisions will not have any preclusive effect in another arbitration or proceeding that involves a different party. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, such as whether this Arbitration Clause is unconscionable or enforceable, as well as resolve any defense to arbitration, such as waiver, delay, laches, or estoppel. However, a court has exclusive authority to rule on the Class Action Waiver in Section 12(f), including any claim that the section is unenforceable, illegal, void, or voidable, or that it has been breached.
If a request to proceed in small claims court (see Section 12(b)(i)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.

Jury Trial Waiver. Under this Arbitration Clause, you and Genie agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Genie instead elect that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified in Section 12(b) above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

Class Action Waiver. You and Genie agree that, except as specified in Section 12(g) below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.

The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Section 12(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Genie agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section 13(b).

Batch Proceedings. To increase the efficiency of administration and resolution of arbitrations, you and Genie agree that if 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), presented by or with the assistance or coordination of the same law firm(s) or organization(s), are filed within a one hundred and eighty (180) day period (“Mass Filing”), the parties agree:

To administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;
To designate one arbitrator for each batch;
To accept applicable fees, including any related fee reduction determined by NAM in its discretion;
That no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;
That fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Genie and the claimants, will only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and
That the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.
Any statutes of limitation, including the requirement to file within eighteen (18) months in Section 12(j) below, will remain tolled while any arbitration demands are held in abeyance. While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario, raise the same or similar legal issues and seek the same or similar relief. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section 12(c).
To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Genie will pay the Administrative Arbitrator’s costs.
The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
This Batch Proceedings provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Genie otherwise consents in writing, Genie does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 12(g).

Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Genie may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted before the earlier of the arbitration hearing or thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

Arbitration Costs. Except as provided for in a Mass Filing under Section 12(g), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.

18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Section 12(b)(ii)) must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section 12(c) above.

Opt-Out. You may opt out of arbitration and this Arbitration Clause by sending an email to opt-out@genieapp.us within thirty (30) calendar days of creating your User Account. Your opt-out notice must be sent from the email address associated with your User Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Genie account, and a clear statement that you decline this Arbitration Clause arbitration process. Opting out of this Arbitration Clause has no effect on any other arbitration agreements that you may enter into in the future with us.

Severability. Except as provided in Section 12(f) above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

13. Miscellaneous

Other Terms

These Terms and any policies or operating rules provided by us through Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of the State of New York, in each case located in the City and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Electronic Communications, Transactions, and Signatures

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operate to the fullest extent permissible by law. These Terms and your User Account may not be assigned by you without our express written consent. Genie may assign any or all of its rights and obligations to others at any time. Genie shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Genie’s reasonable control. There is no joint venture, partnership, employment, or agency relationship created between you and Genie as a result of these Terms or use of the Services. Upon Genie’s request, you will furnish Genie with any documentation, substantiation, or releases necessary to verify your compliance with these Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

14. Changes to the Services

We reserve the right at any time to modify or discontinue the Services (or any part or Content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, change, suspension, or discontinuance of the Services. Genie does not have any obligation under these Terms, excepted as otherwise expressly stated, to provide you with any support or maintenance in connection with the Services.

15. Errors, Inaccuracies, and Omissions

Occasionally the Services may include typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update any information in the Services or on any related website if it is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information in the Services or on any related website, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

16. Contact Information

If you have any questions regarding these Terms or the Privacy Policy, please contact:

Sanctum Goods, LLC dba Genie
388 Canal Pl #412
Bronx, NY 10451
Email: hello@genieapp.us

Terms of Service

Legal acknowledgment: You confirm you have read the Cannabis Acknowledgement and No Health Advice sections below.

Products may occasionally be mispriced, described inaccurately, or unavailable, for example, due to delay or disconnection with our inventory or pricing systems.

Any weights, measurements, dosages, and similar descriptions are provided by the manufacturer of the Product and may not be reflected by the particular Product(s) you receive.

No electronic image can accurately represent a physical Product’s real-life color or texture. Your display’s technology, your device settings, and your surroundings all affect how you perceive electronic depictions of our Products.

Availability; Pricing; Limits. We reserve the right, but are not obligated, to:

Reprice or discontinue any Product for any reason at any time

Limit quantities of products available per order, household, or user, or cancel orders in excess of those quantities;

Refuse or cancel any order for any reason, for example, orders that appear to be placed by dealers, resellers, or distributors. We may exercise these rights on a case-by-case basis. In the event that we refuse or cancel an order, we will email the address provided with the order.

Proper and safe handling, storage, use, and consumption of all products sold or distributed through the Services.

Any allergies you may have and verifying products and their contents before handling, preparing, using, or consuming such products.

Reading and understanding all warning labels that accompany any products.

Your breach of these Terms or the documents it incorporates by reference,

Your violation of any law or any third-party rights,

Your user content,

Your use of the Services, products, or content, or any information obtained through the Services.

Small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and

Claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.

The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address, and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.

Likewise, if Genie has a Dispute with you, Genie will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.

If the Dispute is not resolved within sixty (60) calendar days of when either you or Genie submitted a Pre-Arbitration Demand, an arbitration can be brought.

This Section 12(c) does not apply to claims brought under the exception to arbitration in Section 12(b).

Arbitration hearings will take place through videoconferencing, unless you and Genie agree upon another location in writing. A single arbitrator will be appointed.

The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.

Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.

To administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;

To designate one arbitrator for each batch;

To accept applicable fees, including any related fee reduction determined by NAM in its discretion;

That no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;

That the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved.

If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.

To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Genie will pay the Administrative Arbitrator’s costs.