Terms of Service
THE VAULT by Oasis Cannabis Co.
Last Updated: September 20, 2026
Effective Date: December 21, 2025
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE VAULT
THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER," "YOU," OR "YOUR") AND OASIS CANNABIS CO., A NEW MEXICO LIMITED LIABILITY COMPANY, INCLUDING ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND ASSIGNS (COLLECTIVELY, "OASIS," "COMPANY," "WE," "US," OR "OUR").
BY ACCESSING, BROWSING, OR USING THE VAULT PLATFORM, WEBSITE, MOBILE APPLICATION, OR ANY RELATED SERVICES (COLLECTIVELY, THE "SERVICES"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICES.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTIONS 22 AND 23 CAREFULLY.
THESE TERMS ALSO CONTAIN A STRIKE SYSTEM WITH PERMANENT ACCOUNT SUSPENSION PROVISIONS AND AN EXPLICIT WAIVER OF ANY RIGHT TO APPEAL OR REINSTATEMENT. PLEASE READ SECTIONS 4.5, 4.6, AND 19 CAREFULLY.
1. ELIGIBILITY AND AGE VERIFICATION
1.1 Age Requirement
You must be twenty-one (21) years of age or older to access or use the Services. By using the Services, you represent and warrant under penalty of perjury that you are at least twenty-one (21) years of age, that you are legally permitted to purchase and consume cannabis products in your jurisdiction, and that you are accessing the Services from a location where cannabis use is legal.
1.2 Verification
We reserve the right, at any time and in our sole discretion, to require proof of age and identity. You agree to provide valid government-issued photo identification upon request. Failure to provide satisfactory proof of age will result in immediate termination of your access to the Services and forfeiture of any pending transactions, credits, or benefits.
1.3 Misrepresentation
Any misrepresentation of your age constitutes a material breach of these Terms and may result in permanent account termination, forfeiture of all credits and benefits, and referral to appropriate law enforcement authorities.
1.4 Parental Responsibility
The Services are not intended for use by minors. We do not knowingly collect information from individuals under twenty-one (21) years of age. Parents and guardians are responsible for supervising their children's internet usage and ensuring they do not access the Services.
2. ACCOUNT REGISTRATION AND SECURITY
2.1 Account Creation
To access certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to maintain its accuracy.
2.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any authentication codes. You agree to:
- (a) Create a strong, unique password that you do not use for any other service;
- (b) Not share your account credentials with any third party;
- (c) Immediately notify us of any unauthorized access to or use of your account;
- (d) Log out of your account at the end of each session, particularly when using shared or public devices;
- (e) Accept full responsibility for all activities that occur under your account, whether or not authorized by you.
2.3 Account Restrictions
You may only maintain one (1) account. Creating multiple accounts is strictly prohibited and will result in termination of all accounts and forfeiture of all credits, benefits, and pending transactions.
2.4 Account Termination by User
You may terminate your account at any time by contacting us at help@oasiscannabisnm.com. Upon termination, all unused credits will be forfeited and cannot be refunded or transferred.
2.5 Account Suspension and Termination by Company
We reserve the right to suspend, restrict, or permanently terminate your account at any time, with or without cause, with or without prior notice, and without any liability to you whatsoever. You acknowledge and agree that the Company has sole and absolute discretion in determining whether conduct warrants account action, and that such determinations are final, binding, and not subject to external review.
Grounds for suspension or termination include, but are not limited to:
- (a) Violation or suspected violation of any provision of these Terms;
- (b) Suspected fraudulent, deceptive, abusive, or illegal activity, whether or not resulting in a criminal charge or conviction;
- (c) Failure to claim products within the specified pickup window on one or more occasions;
- (d) Accumulation of strikes under our Strike System and Abuse Prevention framework as described in Section 4.6 of these Terms;
- (e) Reaching the threshold for automatic permanent suspension under the Strike System (three (3) or more strikes), as set forth in Section 4.6;
- (f) Request by law enforcement, regulatory bodies, or government agencies;
- (g) Extended periods of inactivity exceeding such duration as the Company may determine from time to time;
- (h) Any conduct that we determine, in our sole and absolute discretion, to be harmful to other users, the Company, its reputation, its dispensary partners, or any third party;
- (i) Attempts to circumvent, manipulate, or exploit the Strike System, trust tier system, or any abuse prevention mechanism;
- (j) Any other reason the Company deems sufficient, in its sole discretion, to protect the integrity of the platform and its user community.
IMPORTANT: NO RIGHT TO REINSTATEMENT OR APPEAL
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ACCOUNT SUSPENSION OR TERMINATION UNDER THIS SECTION IS FINAL AND NON-REVERSIBLE UNLESS THE COMPANY, IN ITS SOLE AND ABSOLUTE DISCRETION, ELECTS OTHERWISE. THERE IS NO GUARANTEED RIGHT OF APPEAL, NO FORMAL REINSTATEMENT PROCEDURE, AND NO OBLIGATION ON THE PART OF THE COMPANY TO REVIEW, RECONSIDER, OR REVERSE ANY SUSPENSION OR TERMINATION DECISION. THE COMPANY IS UNDER NO OBLIGATION TO PROVIDE YOU WITH A DETAILED EXPLANATION OF THE SPECIFIC GROUNDS FOR SUSPENSION OR TERMINATION BEYOND WHAT IS SET FORTH IN ANY NOTICE, IF ANY, PROVIDED AT THE TIME OF SUCH ACTION. FOR FURTHER DETAILS REGARDING PERMANENT ACCOUNT ACTIONS, SEE SECTIONS 4.6 AND 19 OF THESE TERMS.
3. THE VAULT PLATFORM AND SERVICES
3.1 Description of Services
THE VAULT is a promotional platform that allows registered users to compete for the opportunity to purchase curated cannabis product packages ("Drops") at user-determined prices. THE VAULT does not sell cannabis products directly. All cannabis products are sold by licensed Oasis Cannabis dispensary locations in compliance with New Mexico Cannabis Regulation Act and all applicable state and local laws.
3.2 How Drops Work
- (a) We periodically release Drops featuring curated cannabis product packages with a floor price (minimum acceptable offer) and a countdown timer;
- (b) Registered users may submit offers at or above the floor price;
- (c) When the countdown timer expires, the user with the highest offer "unlocks" the deal;
- (d) The winning user receives a Claim Pass containing a QR code and redemption details;
- (e) The winning user must present the Claim Pass and valid government-issued photo identification at their selected Oasis Cannabis dispensary location to complete the purchase and claim the products;
- (f) Claim Passes are subject to expiration as specified in the Claim Pass details;
- (g) Certain users, including Founding Members, may be allowed to submit offers on a scheduled Drop during an early access window before the Drop opens. An early access offer is an offer on a Drop that has not yet opened, and it is subject to the stock check described in (h);
- (h) Drops feature real products held in limited quantities at specific Oasis Cannabis dispensary locations, and those products remain on sale in the store while a Drop is scheduled or running. Shortly before a Drop opens, and at other times, we check the inventory of the participating location. If the product has sold out, we cancel the Drop as described in Section 3.3.
3.3 No Guarantee of Availability
All Drops are subject to availability and to cancellation or modification at any time. We do not guarantee that any particular product, package, or Drop will be available or will proceed to completion. Product descriptions, images, quantities, and other information are provided for informational purposes only and may vary from actual products. We reserve the right to modify, substitute, cancel, void, or remove any Drop, whether scheduled, active, completed, or pending redemption, at any time for the reasons listed in Section 4.10, and to the fullest extent permitted by law without liability to you.
When we cancel a Drop on which offers have been placed, we will: (a) mark the Drop as cancelled and keep its page available so that you can see what happened; (b) send an in-app notice to each user who placed an offer, stating that the Drop was cancelled and the general reason; (c) release every offer on that Drop, so that no user owes anything and no purchase obligation remains; and (d) not issue a strike or any other penalty to any user because of the cancellation. No payment is ever collected through THE VAULT, so a cancelled Drop never results in a charge to you.
3.4 Modifications to Services
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you. This includes, but is not limited to, changes to features, functionality, pricing structures, floor prices, Drop schedules, and platform availability.
4. DROPS, OFFERS, AND CLAIM PASSES
4.1 Binding Offers
An offer submitted through THE VAULT is a binding commitment by you for as long as the Drop remains open or scheduled. By submitting an offer, you agree to purchase the products at your offered price if the Drop runs to completion and you are the highest bidder when it closes. You may not retract, cancel, or modify an offer once submitted.
Your commitment depends on the Drop completing. If we cancel or void a Drop under Section 3.3 or Section 4.10, every offer on that Drop, including yours, is released automatically, you owe nothing, and neither you nor the Company has any further obligation regarding that Drop. Being shown as the leading offer while a Drop is scheduled or running is not a win. A win occurs only under Section 4.3 when the countdown of an open Drop expires.
4.2 Offer Increments and Rules
Offers must meet or exceed the current minimum offer amount as displayed on the Drop. We reserve the right to establish minimum offer increments. Offers that do not meet the requirements will be rejected.
4.3 Winning an Offer
The user with the highest valid offer at the time the Drop countdown expires will be deemed the winner and will receive a Claim Pass. In the event of a tie, the user who submitted their offer first will be deemed the winner. Our determination of the winner is final and binding.
4.4 Claim Pass Terms
- (a) Claim Passes are non-transferable and may only be used by the account holder who won the Drop;
- (b) Claim Passes must be redeemed within the specified pickup window, which will be clearly stated on the Claim Pass;
- (c) Claim Passes may only be redeemed at the Oasis Cannabis dispensary location specified on the Claim Pass;
- (d) You must present valid government-issued photo identification matching your account information to redeem a Claim Pass;
- (e) Expired Claim Passes are void and cannot be redeemed, refunded, or reinstated;
- (f) We reserve the right to void any Claim Pass if we suspect fraud, abuse, or violation of these Terms.
4.5 Failure to Claim
Failure to redeem a Claim Pass within the specified pickup window constitutes a material breach of your obligation under these Terms. You acknowledge that when you submit a winning offer or use Instant Unlock, you are making a binding commitment to complete the transaction in person at the designated dispensary location within the claim period. The Company, other users, and dispensary partners rely on this commitment, and your failure to honor it causes real harm to the platform ecosystem and other participants.
Each failure to claim will result in all of the following consequences:
- (a) Immediate forfeiture of the Claim Pass and the irrevocable loss of your right to purchase the products at the winning price — this forfeiture is automatic and cannot be reversed;
- (b) Issuance of one (1) strike against your account under the Strike System described in Section 4.6 — strikes are cumulative, permanent, and do not expire or reset over time;
- (c) Automatic trust tier reduction — your trust tier will be downgraded, resulting in reduced offer limits, restricted access to premium Drops, and potential loss of priority placement;
- (d) Automatic permanent suspension upon accumulating three (3) or more strikes, as further detailed in Section 4.6 — permanent suspensions under the Strike System carry no right of appeal or reinstatement;
- (e) No refund, credit, or compensation of any kind, including but not limited to XP, coupons, credits, Founding Member status, or any other benefits associated with your account;
- (f) Forfeiture of any coupon attached to the expired Claim Pass — coupons applied to unclaimed Drops are permanently consumed and will not be returned to your account.
You expressly waive any right to dispute or contest the issuance of a strike resulting from a failure to claim. The Company's records regarding claim windows and redemption status are conclusive and binding.
4.6 Strike System, Trust Tiers, and Abuse Prevention
4.6.1 Overview and Purpose
The Company operates a Strike System and trust tier framework (collectively, the "Abuse Prevention System") designed to maintain platform integrity, protect dispensary partners from inventory and operational disruption, and ensure a fair experience for all users. By using the Services, you expressly consent to the application of the Abuse Prevention System to your account and agree to abide by its terms as set forth in this Section 4.6. The Company reserves the right to modify the Abuse Prevention System at any time, with or without notice, and any such modifications shall apply to strikes and trust tier determinations made after the date of modification.
4.6.2 Trust Tiers
Each user account is assigned a trust tier that determines the user's offer limits, access to certain Drops, eligibility for promotional features, and overall standing on the platform. Trust tiers are determined by factors including, but not limited to:
- (a) Account age and registration history;
- (b) Identity verification status;
- (c) Number and frequency of successful claims (Claim Passes redeemed in-store);
- (d) Compliance history, including the presence or absence of strikes;
- (e) Overall participation patterns and bidding behavior;
- (f) Any other factors the Company deems relevant in its sole discretion.
Trust tier assignments and adjustments are made automatically by the platform and/or by Company personnel. The Company is under no obligation to disclose the specific algorithm, weighting, or criteria used to calculate trust tiers. Trust tier determinations are final and not subject to appeal.
4.6.3 The Strike System
Strikes are formal account infractions issued by the Company in response to violations of these Terms or conduct that undermines platform integrity. The Strike System operates as follows:
Strike Thresholds and Consequences
- Strike 1:A formal warning is issued and recorded permanently on your account. Your trust tier is reduced by one level, resulting in lower offer limits and restricted access to certain Drops. You will receive a notification informing you of the strike and the conduct that triggered it. You remain eligible to use the platform subject to your reduced trust tier.
- Strike 2:A second formal warning is issued and recorded permanently on your account. Your trust tier is further reduced, which may include significant restrictions on offer amounts, exclusion from premium or featured Drops, and loss of promotional benefits including but not limited to Founding Member privileges. You will receive a final warning notification stating that one additional strike will result in permanent account suspension with no opportunity for reinstatement.
- Strike 3:Your account is permanently suspended effective immediately. All access to the Services is revoked. All pending Claim Passes, credits, XP, coupons, Founding Member status, and any other benefits or entitlements associated with your account are permanently forfeited. This suspension is irrevocable and permanent. There is no appeal, no reinstatement process, and no exception to this policy. See Section 4.6.5 for further details.
4.6.4 Conduct That May Result in Strikes
Strikes may be issued for any conduct that violates these Terms or that the Company determines, in its sole discretion, to be harmful to the platform, its users, or its dispensary partners. Without limiting the foregoing, the following conduct will result in the issuance of one or more strikes:
- (a) Failure to claim: Failing to redeem a Claim Pass within the specified pickup window (see Section 4.5);
- (b) Bid manipulation: Submitting offers with no genuine intent to complete the purchase, including but not limited to shill bidding, price manipulation, or collusive bidding;
- (c) Multiple account abuse: Creating, operating, or benefiting from multiple accounts in violation of Section 2.3;
- (d) Abusive conduct: Harassing, threatening, intimidating, or engaging in abusive behavior toward Company staff, dispensary employees, or other users, whether on-platform or in-store;
- (e) System exploitation: Exploiting bugs, vulnerabilities, or errors in the platform, or attempting to circumvent any aspect of the Abuse Prevention System;
- (f) Fraudulent activity: Providing false identity information, using stolen credentials, engaging in referral fraud, or any other form of deception;
- (g) Coupon or credit abuse: Manipulating, exploiting, or misusing coupons, XP, credits, or promotional benefits in a manner inconsistent with their intended purpose;
- (h) Repeated violations: Engaging in any pattern of conduct that the Company determines to be disruptive, harmful, or contrary to the spirit of these Terms.
The Company reserves the right to issue multiple strikes for a single incident of severe misconduct, including but not limited to fraud, threats of violence, or conduct that poses a risk to the safety of any person. In cases of egregious misconduct, the Company may bypass the graduated strike process entirely and proceed directly to permanent account termination under Section 19.
4.6.5 Permanent Nature of Strikes and Suspensions
CRITICAL: READ THIS SECTION CAREFULLY
STRIKES ARE PERMANENT AND CUMULATIVE. ONCE A STRIKE IS ISSUED, IT REMAINS ON YOUR ACCOUNT INDEFINITELY. STRIKES DO NOT EXPIRE, DECAY, RESET, OR DIMINISH OVER TIME, REGARDLESS OF SUBSEQUENT GOOD CONDUCT, ACCOUNT AGE, SPENDING HISTORY, OR ANY OTHER FACTOR.
UPON REACHING THREE (3) STRIKES, YOUR ACCOUNT WILL BE PERMANENTLY SUSPENDED. THIS SUSPENSION IS ABSOLUTE, FINAL, AND IRREVOCABLE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO ALL OF THE FOLLOWING:
- (a) No right of appeal. There is no formal or informal appeal process available to you. The Company is not obligated to review, reconsider, or reverse any suspension decision, and no request for reconsideration, whether made by you, an attorney, or any third party on your behalf, will create any obligation on the part of the Company to respond or take action.
- (b) No reinstatement. Permanently suspended accounts will not be reinstated under any circumstances. The Company does not offer, and you shall not request, any process, hearing, mediation, or other mechanism to restore access to a permanently suspended account. This prohibition applies regardless of the passage of time, changes in personal circumstances, or any other factor.
- (c) No new accounts. If your account is permanently suspended under the Strike System, you are permanently prohibited from creating or using any new account on the platform. Any new account created by or for a permanently suspended user will be terminated immediately upon discovery, without notice, and any associated benefits will be forfeited.
- (d) Complete forfeiture. Upon permanent suspension, all credits, XP, coupons, Founding Member status, trust tier standing, pending Claim Passes, and any other benefits, entitlements, or digital assets associated with your account are permanently and irrevocably forfeited. No refund, credit, transfer, or compensation of any kind will be provided.
- (e) No liability. The Company shall bear no liability whatsoever for any loss, damage, inconvenience, or expense you incur as a result of account suspension under the Strike System, including but not limited to loss of access to pending Drops, forfeiture of Claim Passes, loss of promotional benefits, or inability to participate in future platform activities.
- (f) Sole discretion. All determinations regarding the issuance of strikes, the classification of conduct, the assignment of trust tiers, and the imposition of account suspensions are made by the Company in its sole and absolute discretion. You agree that such determinations are final and binding and that you will not challenge them in any forum, subject only to the Arbitration Agreement in Section 22 (which itself does not create a right of reinstatement).
4.6.6 Discretionary Leniency
Notwithstanding anything in this Section 4.6 to the contrary, the Company may, in its sole and absolute discretion, elect to show leniency in any individual case, including but not limited to reducing a strike, waiving a consequence, or offering a one-time exception. Any such act of discretionary leniency shall not create a precedent, shall not be construed as a waiver of the Company's rights under these Terms, and shall not entitle you or any other user to similar treatment in any future matter. The exercise or non-exercise of discretionary leniency in one case creates no expectation, right, or obligation regarding any other case.
4.7 Product Pickup
- (a) All products must be picked up in person at the designated Oasis Cannabis dispensary location;
- (b) Products cannot be shipped, mailed, or delivered;
- (c) You must comply with all applicable laws and dispensary policies during pickup;
- (d) We reserve the right to refuse service to anyone for any lawful reason.
4.8 Product Availability and Substitution
Product availability is subject to real-time inventory. If any item in a package is unavailable at the time of redemption:
- (a) Oasis will first attempt to offer a comparable substitute of equal or greater retail value;
- (b) If no suitable substitute is available, the winning price will be adjusted proportionally to reflect the retail value of available items;
- (c) If the primary item in a package is unavailable and no acceptable substitute can be provided, the winner may elect to void their Claim Pass at no cost;
- (d) All substitution and adjustment decisions are made at Oasis's sole discretion.
4.9 Medical vs. Recreational Product Eligibility
IMPORTANT: MEDICAL PATIENT PURCHASE LIMITS APPLY
Certain product quantities are only available to registered medical cannabis patients under New Mexico law. These include, but are not limited to: edibles containing more than 100mg THC, concentrates and vape products exceeding 18 grams, and flower exceeding 56 grams.
By placing an offer on any Drop containing products that exceed recreational purchase limits, you acknowledge and agree that:
- (a) If you are not a registered medical cannabis patient, the products will be substituted with recreational-compliant alternatives;
- (b) If suitable recreational substitutes are not available, your Claim Pass may be voided;
- (c) You are solely responsible for understanding your eligibility based on your patient status;
- (d) Medical patient status will be verified at the time of redemption.
4.10 Company Right to Cancel, Modify, or Void Drops
The Company reserves the right, exercised in good faith, to cancel, modify, suspend, void, or terminate any Drop, whether active, scheduled, completed, or pending redemption, at any time for any of the following reasons:
- (a) Inventory shortages or discrepancies;
- (b) Pricing errors, system errors, or technical malfunctions;
- (c) Duplicate or erroneous listings;
- (d) Suspected fraud, abuse, or violations of these Terms;
- (e) Regulatory or compliance concerns;
- (f) Operational or business reasons;
- (g) Any other circumstance in which completing the Drop would be unlawful, unsafe, or commercially unreasonable.
Products featured in Drops remain available for sale in the store and may sell out at any moment, including while a Drop is scheduled or running and after you have placed an offer. A Drop cancelled for that reason is an inventory shortage under (a). When we cancel a Drop we will follow the notice and release steps in Section 3.3.
In the event a Drop is cancelled or voided, whether before it opens, while it is running, or after a winning offer has been accepted, no User shall have a claim to the products, and to the fullest extent permitted by law the Company shall have no obligation to provide any refund, credit, substitute, or compensation. Because no payment is collected through THE VAULT, a cancellation does not cause you to lose money. By participating in any Drop, you acknowledge and agree that no enforceable right to purchase arises until the physical point-of-sale transaction is completed at a licensed Oasis Cannabis dispensary location.
The Company may, in its sole discretion, offer a goodwill credit or other accommodation following a cancellation or a service problem. Any such accommodation is voluntary, is not an admission of fault or liability, and does not create a right to any future accommodation. Nothing in this Section limits any right or remedy that cannot be waived or limited under New Mexico law.
5. CREDITS AND REFERRAL PROGRAM
5.1 Credits
We may offer credits to users through sign-up bonuses, referral programs, promotions, or other means. These are "Vault Credits." Separately, Oasis Cannabis may issue a credit for use at its dispensary locations (an "In-Store Credit"), which is governed by the paragraph at the end of this Section. Vault Credits are subject to the following terms:
- (a) Credits have no cash value and cannot be redeemed for cash, transferred to another user, or sold;
- (b) Credits may only be used to offset offer amounts on Drops;
- (c) Credits may not be combined with other offers or promotions unless expressly permitted;
- (d) Unused credits may expire as specified at the time of issuance or in promotional terms;
- (e) Credits are forfeited upon account termination, whether voluntary or involuntary;
- (f) We reserve the right to modify, limit, or discontinue the credit program at any time;
- (g) We reserve the right to void credits obtained through fraud, error, or violation of these Terms.
In-Store Credits. An In-Store Credit is applied as a discount against the price of a lawful purchase made in person at a licensed Oasis Cannabis dispensary location. An In-Store Credit: (a) has no cash value and cannot be redeemed for cash, transferred, or sold; (b) cannot be used to obtain cannabis or cannabis products free of charge, and some payment by the customer is required on every transaction in which it is used, consistent with 16.8.2.40 NMAC; (c) may be used only by the account holder, who must present valid government-issued photo identification and satisfy all age, patient status, and purchase limit requirements under New Mexico law; (d) expires on the date stated when it is issued; and (e) may be voided if obtained through fraud, error, or violation of these Terms.
5.2 Referral Program
We may offer a referral program that allows users to earn credits by referring new users. Referral credits are subject to the following terms:
- (a) Referral credits are awarded only when the referred user completes registration and meets any additional requirements specified in the program terms;
- (b) Self-referrals, fake referrals, and referral fraud are strictly prohibited and will result in forfeiture of all credits and account termination;
- (c) We reserve the right to modify or terminate the referral program at any time;
- (d) We reserve the right to limit the number of referral credits any user may earn;
- (e) Referral credits are subject to the same terms as other credits.
5.3 Founding Member Status
Users who register during our pre-launch period may receive Founding Member status, which may include benefits such as early access to Drops, exclusive Drops, permanent profile badges, and sign-up credits. Founding Member benefits:
- (a) Are determined solely by us and may be modified at any time;
- (b) Are non-transferable;
- (c) Are provided on an "as available" basis without guarantee;
- (d) May be revoked for violation of these Terms.
6. SMS AND ELECTRONIC COMMUNICATIONS
6.1 Consent to Electronic Communications
By using the Services, you consent to receive electronic communications from us, including emails, SMS text messages, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
6.2 SMS Communications
By providing your phone number and opting in to SMS communications, you expressly consent to receive text messages from THE VAULT and Oasis Cannabis Co. at the phone number you provided. These messages may include:
- (a) Account verification codes;
- (b) Drop alerts and notifications;
- (c) Offer updates and outbid alerts;
- (d) Claim Pass reminders and expiration warnings;
- (e) Promotional messages and special offers;
- (f) Account-related notifications;
- (g) Important service announcements.
6.3 Message Frequency and Rates
Message frequency varies based on your activity, preferences, and platform events. Standard message and data rates from your wireless carrier may apply. You are solely responsible for any charges from your wireless carrier.
6.4 Opt-Out
You may opt out of SMS communications at any time by replying STOP to any message. Upon opting out, you will receive a confirmation message and will no longer receive promotional SMS messages. You may continue to receive transactional messages related to your account security and active Claim Passes. You may resubscribe by replying START or by texting VAULT to (505) 448-0563.
6.5 SMS Help
For SMS assistance, reply HELP to any message or contact us at help@oasiscannabisnm.com.
6.6 Accuracy of Contact Information
You are responsible for providing and maintaining accurate contact information. We are not liable for any failure to receive communications due to inaccurate or outdated contact information.
7. PROHIBITED CONDUCT
You agree not to engage in any of the following prohibited activities:
7.1 Illegal Activities
- (a) Violating any applicable federal, state, or local law, regulation, or ordinance;
- (b) Purchasing cannabis products for resale or distribution;
- (c) Purchasing cannabis products on behalf of any person under twenty-one (21) years of age;
- (d) Transporting cannabis products across state lines;
- (e) Using the Services in any jurisdiction where such use is prohibited.
7.2 Fraud and Misrepresentation
- (a) Providing false, inaccurate, or misleading information;
- (b) Impersonating any person or entity;
- (c) Creating multiple accounts or using another person's account;
- (d) Engaging in offer manipulation, collusion, or shill bidding;
- (e) Using the Services to defraud the Company, other users, or any third party.
7.3 Interference with Services
- (a) Using any automated system, bot, scraper, or data mining tool to access the Services;
- (b) Attempting to bypass, circumvent, or disable any security features;
- (c) Interfering with or disrupting the Services or servers or networks connected to the Services;
- (d) Introducing viruses, malware, or other harmful code;
- (e) Attempting to probe, scan, or test the vulnerability of the Services;
- (f) Overwhelming, flooding, or overloading our infrastructure.
7.4 Intellectual Property Violations
- (a) Copying, reproducing, distributing, or displaying any content from the Services without authorization;
- (b) Modifying, creating derivative works from, or reverse engineering any part of the Services;
- (c) Removing, altering, or obscuring any copyright, trademark, or other proprietary notices;
- (d) Using our trademarks, logos, or branding without express written permission.
7.5 Abuse of Platform
- (a) Submitting offers with no intention of completing the purchase;
- (b) Repeatedly failing to claim products;
- (c) Harassing, threatening, or abusing Company staff or other users;
- (d) Attempting to circumvent the trust tier or abuse prevention systems;
- (e) Exploiting any bug, error, or vulnerability in the Services;
- (f) Any conduct that we determine, in our sole discretion, to be harmful or disruptive.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Company Ownership
The Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof (collectively, "Content"), are the exclusive property of Oasis Cannabis Co., its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use only. This license does not include any right to:
- (a) Modify, copy, or distribute the Content;
- (b) Use any data mining, robots, or similar data gathering or extraction methods;
- (c) Download or cache any Content other than for personal use;
- (d) Use the Content for any commercial purpose;
- (e) Frame or utilize framing techniques to enclose any Content;
- (f) Use any meta tags or other hidden text utilizing our name or trademarks.
8.3 Trademarks
THE VAULT, OASIS CANNABIS, OASIS CANNABIS CO., and all related names, logos, product and service names, designs, and slogans are trademarks of Oasis Cannabis Co. or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
8.4 Feedback
If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner and for any purpose, without compensation or attribution to you.
9. PRIVACY AND DATA PROTECTION
9.1 Privacy Policy
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
9.2 Data Collection
We collect personal information necessary to provide the Services, including but not limited to your name, email address, phone number, date of birth, and transaction history. We also collect usage data, device information, and location information as described in our Privacy Policy.
9.3 Data Security
While we implement reasonable security measures to protect your information, no method of transmission over the Internet or electronic storage is completely secure. We cannot guarantee the absolute security of your information.
9.4 Third-Party Sharing
We may share your information with third parties as described in our Privacy Policy, including service providers, business partners, and as required by law.
10. CANNABIS PRODUCT DISCLAIMERS
10.1 Compliance with Law
All cannabis products available through the Services are sold by licensed Oasis Cannabis dispensary locations in compliance with the New Mexico Cannabis Regulation Act, the rules and regulations of the New Mexico Cannabis Control Division, and all applicable state and local laws. THE VAULT is a promotional platform only and does not directly sell, distribute, or deliver cannabis products.
10.2 Product Information Disclaimer
Product descriptions, images, potency information, and other details are provided for informational purposes only. While we strive for accuracy, we make no representations or warranties regarding the accuracy, completeness, or reliability of product information. Actual products may vary from descriptions and images. You are responsible for reviewing product information and consulting with dispensary staff before making any purchase.
10.3 Health and Safety Disclaimer
CANNABIS PRODUCTS MAY HAVE INTOXICATING EFFECTS. CANNABIS PRODUCTS MAY BE HABIT-FORMING. CANNABIS USE DURING PREGNANCY OR BREASTFEEDING MAY BE HARMFUL. USE OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. KEEP CANNABIS PRODUCTS AWAY FROM CHILDREN AND PETS.
THE COMPANY MAKES NO CLAIMS REGARDING THE THERAPEUTIC, MEDICINAL, OR HEALTH BENEFITS OF CANNABIS PRODUCTS. CANNABIS PRODUCTS ARE NOT APPROVED BY THE FOOD AND DRUG ADMINISTRATION TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. CONSULT A HEALTHCARE PROFESSIONAL BEFORE USING CANNABIS PRODUCTS, ESPECIALLY IF YOU HAVE ANY MEDICAL CONDITIONS OR TAKE ANY MEDICATIONS.
10.4 Assumption of Risk
You acknowledge and agree that the purchase and consumption of cannabis products carries inherent risks. By using the Services and purchasing cannabis products, you voluntarily assume all such risks and agree that the Company shall not be liable for any adverse effects, reactions, or consequences resulting from the use or consumption of cannabis products.
10.5 Legal Restrictions
Cannabis remains illegal under federal law. It is your sole responsibility to understand and comply with all applicable federal, state, and local laws regarding the purchase, possession, and consumption of cannabis products. The Company is not responsible for any legal consequences you may face as a result of your use of cannabis products.
11. THIRD-PARTY SERVICES AND LINKS
11.1 Third-Party Services
The Services may integrate with or rely upon third-party services, including but not limited to payment processors, SMS providers, identity verification services, and analytics providers. Your use of such third-party services may be subject to additional terms and conditions imposed by those third parties.
11.2 Third-Party Links
The Services may contain links to third-party websites or resources. We provide these links for convenience only and are not responsible for the content, accuracy, or practices of any third-party websites. Your use of third-party websites is at your own risk.
11.3 No Endorsement
The inclusion of any link or integration does not imply endorsement, approval, or recommendation by the Company of the linked or integrated third-party, its products, or its services.
12. DISCLAIMERS OF WARRANTIES
12.1 "As Is" and "As Available"
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
- (b) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
- (c) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- (d) WARRANTIES THAT INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, OR COMPLETE;
- (e) WARRANTIES THAT DEFECTS WILL BE CORRECTED;
- (f) WARRANTIES THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
12.2 No Guarantee of Results
WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. ANY INFORMATION OR SUGGESTIONS PROVIDED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON.
12.3 Jurisdiction Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. LIMITATION OF LIABILITY
13.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OASIS CANNABIS CO., ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR ASSIGNS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR ANY:
- (a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- (b) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
- (c) DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES;
- (d) DAMAGES ARISING FROM ANY CONTENT, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SERVICES;
- (e) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
- (f) DAMAGES ARISING FROM THE CONDUCT OR CONTENT OF ANY THIRD PARTY;
- (g) DAMAGES ARISING FROM ANY ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES;
REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO THE COMPANY FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
13.3 Essential Basis
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.
13.4 Jurisdiction Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13.5 Rights That Cannot Be Waived
Nothing in these Terms excludes or limits any right, remedy, or liability that cannot lawfully be excluded or limited under New Mexico law, including rights and remedies under the New Mexico Unfair Practices Act, NMSA 1978, Sections 57-12-1 to 57-12-26. The exclusions and limits in this Section 13 apply only to the extent New Mexico law allows.
14. INDEMNIFICATION
14.1 Indemnification Obligation
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO:
- (a) Your use or misuse of the Services;
- (b) Your violation of these Terms;
- (c) Your violation of any applicable law, regulation, or ordinance;
- (d) Your violation of any rights of any third party;
- (e) Your purchase, possession, or consumption of cannabis products;
- (f) Any content or information you provide through the Services;
- (g) Any dispute between you and any third party;
- (h) Your negligence, willful misconduct, or fraud.
14.2 Defense and Settlement
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of any such claim. You shall not settle any claim without our prior written consent.
15. RELEASE
15.1 General Release
YOU HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOUR PURCHASE OR CONSUMPTION OF CANNABIS PRODUCTS, OR ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY.
15.2 Waiver of Unknown Claims
YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER ANY STATUTE OR COMMON LAW PRINCIPLE THAT WOULD OTHERWISE LIMIT THE SCOPE OF THIS RELEASE TO CLAIMS KNOWN OR SUSPECTED TO EXIST AT THE TIME OF SIGNING THIS RELEASE.
16. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performing any obligation under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, labor disputes, power failures, internet or telecommunications failures, or failures of third-party service providers.
17. GEOGRAPHIC RESTRICTIONS
17.1 New Mexico Only
The Services are intended for use only in the State of New Mexico. We make no representation that the Services are appropriate or available for use in other locations. You are responsible for compliance with local laws if you access the Services from outside New Mexico.
17.2 Access Restrictions
We reserve the right to limit the availability of the Services to any geographic region at any time.
18. MODIFICATIONS TO TERMS
18.1 Right to Modify
We reserve the right to modify, amend, or update these Terms. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date and by sending an email to the address on your account or an in-app notice.
Changes apply going forward only. A change does not apply to any Drop that closed, any Claim Pass that was issued, or any dispute or claim that arose or of which either party had notice, before the change took effect. Those matters remain governed by the Terms in effect at the time. In particular, no change to Section 22 (Arbitration Agreement) or Section 23 (Class Action Waiver) applies to a dispute that arose before the change took effect.
18.2 Acceptance of Modified Terms
Your continued use of the Services after the posting of modified Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must discontinue your use of the Services immediately.
18.3 Review of Terms
You are responsible for periodically reviewing these Terms to stay informed of any updates.
19. TERMINATION
19.1 Termination by Company — General Authority
We may terminate or suspend your access to the Services immediately, without prior notice and without liability, for any reason whatsoever, including without limitation if you breach these Terms. This general termination authority exists independently of, and in addition to, the Strike System described in Section 4.6. The Company is not required to follow the graduated strike process before terminating an account under this Section 19, and may proceed directly to permanent termination in cases involving fraud, illegality, threats of violence, severe misconduct, or any other conduct the Company deems sufficiently egregious.
19.2 Termination via the Strike System
In addition to the Company's general termination authority under Section 19.1, accounts that accumulate three (3) or more strikes under the Strike System set forth in Section 4.6 will be permanently suspended automatically. Such suspensions are governed by the specific terms and conditions of Section 4.6.5, which are incorporated herein by reference. All provisions regarding the finality, irrevocability, and non-appealability of Strike System suspensions set forth in Section 4.6.5 apply with full force to terminations under this Section 19.2.
19.3 Effect of Termination
Upon termination or permanent suspension of your account, whether under Section 19.1, Section 19.2, or any other provision of these Terms, the following consequences shall apply immediately and without further action required:
- (a) Your right to access and use the Services shall immediately and permanently cease;
- (b) All licenses granted to you under these Terms shall immediately and irrevocably terminate;
- (c) Any and all credits, XP, coupons, Founding Member status, trust tier standing, pending Claim Passes, and any other benefits, entitlements, or digital assets associated with your account shall be permanently forfeited without compensation;
- (d) You shall remain fully liable for any and all obligations, liabilities, and amounts owed that were incurred prior to termination, including but not limited to any pending transactions, outstanding claims, or indemnification obligations;
- (e) The Company may, but is not obligated to, retain your account data in accordance with its Privacy Policy and applicable law;
- (f) Sections of these Terms that by their nature should survive termination shall survive, as specified in Section 24.9.
19.4 No Right of Appeal or Reinstatement
IMPORTANT: PLEASE READ CAREFULLY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- (a) THE COMPANY'S DECISION TO TERMINATE OR PERMANENTLY SUSPEND YOUR ACCOUNT IS FINAL AND BINDING. THERE IS NO FORMAL OR INFORMAL APPEAL PROCESS, REVIEW BOARD, OMBUDSMAN, OR OTHER MECHANISM BY WHICH YOU MAY CHALLENGE, CONTEST, OR SEEK REVERSAL OF A TERMINATION OR SUSPENSION DECISION.
- (b) THE COMPANY HAS NO OBLIGATION TO PROVIDE YOU WITH ADVANCE NOTICE, A HEARING, AN OPPORTUNITY TO CURE, OR A DETAILED WRITTEN EXPLANATION OF THE GROUNDS FOR TERMINATION, EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW.
- (c) PERMANENTLY TERMINATED ACCOUNTS WILL NOT BE REINSTATED. THE COMPANY DOES NOT OFFER ANY PROCESS — WHETHER AUTOMATIC, PETITION-BASED, TIME-BASED, OR OTHERWISE — FOR RESTORING ACCESS TO A PERMANENTLY TERMINATED ACCOUNT.
- (d) YOU MAY NOT CREATE A NEW ACCOUNT FOLLOWING PERMANENT TERMINATION. ANY ATTEMPT TO DO SO CONSTITUTES A VIOLATION OF THESE TERMS AND MAY RESULT IN ADDITIONAL LEGAL ACTION.
- (e) ANY COMMUNICATION YOU SEND TO THE COMPANY REQUESTING REINSTATEMENT, RECONSIDERATION, OR LENIENCY FOLLOWING A PERMANENT TERMINATION DOES NOT OBLIGATE THE COMPANY TO RESPOND, REVIEW YOUR CASE, OR TAKE ANY ACTION WHATSOEVER.
19.5 No Refunds or Compensation
No refunds, credits, reimbursements, or compensation of any kind will be provided upon termination or suspension of your account, whether voluntary or involuntary, and regardless of the reason for termination. This includes, without limitation, any XP earned, coupons purchased with XP, credits received through referrals or promotions, Founding Member benefits, and the value of any pending or expired Claim Passes. You expressly waive any right to seek monetary or equitable relief in connection with the forfeiture of account benefits upon termination.
19.6 Survival of Obligations
Termination of your account does not relieve you of any obligations incurred prior to termination, including but not limited to indemnification obligations under Section 14, compliance with the Release under Section 15, and any other obligations that by their nature are intended to survive termination as set forth in Section 24.9.
20. GOVERNING LAW
These Terms and any dispute arising out of or relating to these Terms or your use of the Services shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
21. VENUE AND JURISDICTION
Subject to the Arbitration Agreement below, any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico. You hereby consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.
22. ARBITRATION AGREEMENT
22.1 Agreement to Arbitrate
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND THE COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.
22.2 Waiver of Jury Trial
BY AGREEING TO ARBITRATION, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
22.3 Arbitration Rules
Arbitration shall be conducted by a single neutral arbitrator in accordance with the Consumer Arbitration Rules of the American Arbitration Association ("AAA"). At your choice, the arbitration will be conducted by telephone or video, on written submissions only, or in person in the New Mexico county where you live. This Section 22 applies equally to claims brought by you and claims brought by the Company. Either party may bring an individual claim in a New Mexico magistrate or metropolitan court in place of arbitration if the claim is within that court's jurisdiction.
22.4 Arbitration Fees
If you start an arbitration, you will pay no more toward AAA filing, administrative, and arbitrator fees than the fee you would have paid to file the same claim in a New Mexico magistrate court. The Company will pay all remaining AAA filing, administrative, and arbitrator fees and expenses. The Company will not seek to recover those fees from you unless the arbitrator finds that your claim was groundless. Each party bears its own attorneys' fees, except that the arbitrator shall award attorneys' fees and costs to the same extent a court would under applicable law, including the New Mexico Unfair Practices Act.
22.5 Arbitrator's Authority
The arbitrator shall have the authority to award, on an individual basis, the same remedies that would be available in court, including statutory damages, injunctive relief, and attorneys' fees, except that the arbitrator shall not have the authority to conduct a class arbitration or award relief to anyone other than the parties to the arbitration. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
22.6 Opt-Out Right
You may opt out of this Arbitration Agreement by sending written notice to help@oasiscannabisnm.com within thirty (30) days of creating your account or, if you already had an account on the Last Updated date shown at the top of these Terms, within thirty (30) days after that date. Opting out does not affect any other part of these Terms or your ability to use the Services. Your notice must include your name, account email, mailing address, and a clear statement that you wish to opt out of arbitration.
23. CLASS ACTION WAIVER
23.1 No Class Actions
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
23.2 Waiver of Class Relief
YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY.
23.3 Severability of Class Waiver
If the class action waiver in this section is found to be unenforceable, then the entirety of the Arbitration Agreement shall be null and void, and the dispute shall be resolved in court in accordance with the Venue and Jurisdiction section above.
24. GENERAL PROVISIONS
24.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or policies published on the Services, constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior agreements, understandings, and communications.
24.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.
24.3 Waiver
The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of the Company.
24.4 Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any of our rights or obligations hereunder at any time without notice or consent.
24.5 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights, except that our affiliates, officers, directors, employees, agents, and licensors are intended third-party beneficiaries of the limitation of liability, indemnification, and release provisions.
24.6 No Agency
Nothing in these Terms shall be construed to create a joint venture, partnership, employment, or agency relationship between you and the Company. You have no authority to bind the Company in any way.
24.7 Notices
We may provide notices to you through the Services, by email to the address associated with your account, by SMS to your registered phone number, or by any other reasonable means. Notices to the Company must be sent by email to help@oasiscannabisnm.com.
24.8 Headings
The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
24.9 Survival
The following sections shall survive termination of these Terms: Sections 2.5 (Account Suspension and Termination by Company), 4.5 (Failure to Claim, with respect to forfeiture and strike provisions), 4.6 (Strike System, Trust Tiers, and Abuse Prevention), 4.10 (Company Right to Cancel, Modify, or Void Drops), 5 (Credits and Referral Program, with respect to forfeiture), 8 (Intellectual Property Rights), 10 (Cannabis Product Disclaimers), 12 (Disclaimers of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Release), 19 (Termination, including all subsections), 20 (Governing Law), 21 (Venue and Jurisdiction), 22 (Arbitration Agreement), 23 (Class Action Waiver), and 24 (General Provisions).
25. CONTACT US
If you have any questions about these Terms, please contact us at:
THE VAULT by Oasis Cannabis Co.
Email: help@oasiscannabisnm.com
Website: thevault.oasiscannabisnm.com/help
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.