Terms and Conditions
THIS WEBSITE DOES NOT PROVIDE ANY MEDICAL ADVICE
Information and products purchased on this Website are not intended as a substitute for the advice of a physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information or products purchased on this Website for diagnosing or treating any health problem or disease, or selecting any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. You should carefully read all product packaging and instructions for any products or services you purchase through this Website. If you have or suspect that you have a medical problem, you should immediately contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read or purchased on this Website. Information provided on this Website and the use of any products or services purchased through this Website by you does not create a doctor-patient relationship between you and any physician. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
COPYRIGHT AND TRADEMARKS
YOUR ACCOUNT OBLIGATIONS
If you create an account, you will receive a password and account designation after you have completed, and we have accepted, your account application form and provided the required account information. You agree to maintain the security of your account, including the confidentiality of your password and other account information, and you are fully responsible for any activities that occur under your password and account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
Certain products or Services may be purchased on Website. In the event you wish to purchase or subscribe for any of these products or Services, you will be asked by Us or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Us or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
Some products and services offered by the Website are subscription-based services. When you open a subscription-based account, you hereby agree to pay all charges to your account, including any applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. shop.fantasticfungi.com reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges or terms effective upon notice to subscribers. We reserve the right to terminate any account at any time for any reason. We agree that we will notify you when, and if, we decide to terminate your account.
Your subscription will be automatically renewed and your credit card will be automatically charged on a quarterly, monthly or weekly basis, depending upon the billing terms for your account, for as long as you remain a member. You agree that we will not be obligated to send you any renewal or advance billing notices or confirmations that your credit card has been charged.
Your right to use the Service or a specific product is conditional upon our receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately either suspend or terminate your access and account, thereby terminating this Agreement and all shop.fantasticfungi.com obligations hereunder. You are required to pay any amounts still owed to us at the time your account is suspended or terminated. In the event that you elect to terminate your Fantastic Fungi subscription, you may contact our customer care specialists. If you have any questions regarding your products or order, please email email@example.com
YOUR CONDUCT ON THE WEBSITE
Any conduct by you on the Website that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the Website any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or derogatory, racially, ethically, or otherwise, to another’s faith or status, or is otherwise objectionable, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to solicit passwords or personally identifying information for commercial or unlawful purposes from others users. You agree not to: (a) transmit “junk mail,“ “chain letters,“ or unsolicited mass mailing, instant messaging or “spamming“; (b) use the Website to engage in commercial activities or sales without our prior written consent, including without limitation any contests, sweepstakes, barter, advertising, or pyramid schemes; (c) create or distribute any unauthorized copy of any third party’s copyrighted work, including without limitation providing pirated computer programs or links to such programs, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or (d) or impersonate any person or entity or forge anyone’s digital or manual signature or attempt to gain unauthorized access to any other person’s computers, software, or data. You may not use the Website to defame, insult or ridicule another person. Any verbiage that we find objectionable will be removed without notice.
You may not post any message impersonating another user. You may also not post any message that contains any personal information such as telephone numbers, Social Security numbers, account numbers, addresses or employer references. Any threat or suggestion to commit suicide will be reported to the proper authorities and the posting will be removed. If you are in need of someone to talk with, please call the National Suicide Prevention Lifeline: 1-800-273-8255. If you are in immediate danger, please call 911.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website. You further agree not to access the Website by any means other than through the interface provided by us for use in accessing the Website. You understand that the robots.txt file is the only means by which robots are authorized to access the Website. You agree not to violate any of our robot access policies.
USAGE OF THE WEBSITE BY MINORS
All purchases of products or services through the Website may be made only by adults eighteen (18) years of age or older, and all users who create an account on the Website must be eighteen (18) years of age or older. WE DO NOT SOLICIT AND WILL NOT KNOWINGLY ACCEPT PERSONAL INFORMATION FROM ANY PERSON UNDER THIRTEEN (13) YEARS OF AGE.
WE PROVIDE THIS WEBSITE, THE CONTENT AND ALL OTHER GOODS AND SERVICES ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEALING OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states such as New Jersey do not allow the exclusion or limitation of certain warranties, and in such states the foregoing may not apply to you.
You hereby agree to consult your physician and medical advisors before purchasing or using any products or services available through the Website. In addition, you should carefully read all information provided by the manufacturers of such products or in product packaging and on labels before using any product purchased through the Website.
The Website may contain links to other websites, and third parties may link their websites to the Website. You understand and agree that we shall have no responsibility for any product or service or the accuracy, content, or availability of information found on other websites, or that contain links to or from the Website. Because some websites may employ automated search results or may otherwise link to websites containing information that may be deemed inappropriate or offensive, you understand and agree that we will have no responsibility for the accuracy, legality, or decency of material contained in third-party websites, and you hereby irrevocably waive any claim against us with respect thereto. Prices and availability of products and services available through the Website are subject to change without notice.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE OR CONTENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING WITHOUT LIMITATION ANY DAMAGES THAT RESULT FROM: (I) ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF THE WEBSITE OR ANY DATA OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THIS WEBSITE; (II) PERSONAL INJURY OR DEATH CAUSED BY USE OR MISUSE OF THE WEBSITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE OR YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (VI) ANY OTHER MATTER RELATING TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF THE PRICE YOU PAID US FOR THE GOODS OR SERVICES THAT ARE THE SUBJECT OF YOUR CLAIM OR FIVE HUNDRED DOLLARS ($500). Some states such as New Jersey do not allow the exclusion or limitation of certain liabilities, and in such states the foregoing may not apply to you.
By consenting to Fantastic Fungi’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at firstname.lastname@example.org for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
If you are a copyright owner or an agent thereof and believe that any portion of the Website or Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) through this link: DMCA Notice.
You may also have the ability to post Content yourself on the Website (“Posted Information“). If so, you hereby represent to us that you are the sole owner of Posted Information. You further hereby grant us a worldwide, irrevocable, perpetual, nonexclusive, royalty-free, paid up, transferable license, including the right to grant sublicenses through multiple tiers, to use, publicly perform, publicly display, digitally perform, copy, and create derivative works of Posted Information.
APPLICABLE LAW; JURISDICTION AND VENUE
We control the Website from our offices within the United States. We make no representation that the Content on the Website is appropriate, legal or available for use in other locations. If you access the Website from outside the United States, you are responsible for compliance with applicable local laws. Any dispute between you and us, and any dispute relating to the Website, the goods and services provided through the Website, or the Content shall be governed by the laws of the state of Arizona, without reference to its conflicts of laws provisions. The state and federal courts located in Phoenix, Arizona shall have sole jurisdiction over each such dispute, and the parties hereby consent to the personal jurisdiction of such courts.
The Mushroom Store, LLC
By email: email@example.com
Copyright 2022 The trademarks of Fantastic Fungi may not be used without prior written permission.
© 2022 The Mushroom Store, LLC
All Rights Reserved
These terms of service were last updated on November 8, 2022