Terms and Conditions

shop.FantasticFungi.com TERMS OF USE

Thank you for visiting shop.fantasticfungi.com.These Terms of Use (“Terms of Use”) were developed by Fantastic Fungi, Inc. a company operating under the name Fantastic Fungi (“we,“ “us“ or “our“) as an extension of our commitment to combine the highest quality products and services with the highest level of integrity in dealing with our valued customers, and the companies, businesses and organizations they represent (collectively, “you“).

These Terms of Use apply to shop.fantasticfungi.com (the “Website“), and will apply to all your uses of the Website. We may modify the Terms of Use from time to time and post those modifications here. Your continued use of the Website after any such modification constitutes your acceptance of the modified Terms of Use.

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

FantasticFungi ™ and associated trademarks, service marks and logos appearing on this Website are owned by us or our licensors. All other trademarks, service marks and logos appearing on this Website are the sole property of their respective owners. You are granted no licenses with respect to any of the foregoing. The Website and our newsletters contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively “Content“) that is protected by copyright, trademark, and other laws. Content is owned by us or our licensors. The only rights you are granted with respect to Content are those stated expressly in these Terms of Use, and there are no implied rights or licenses.

You may not modify, remove, delete, augment, add to, publish, transmit, sell, create derivative works of, or in any way exploit any of the Content, in whole or in part. You are hereby granted a revocable, limited license, without the right to grant sublicenses, to copy and to print in hard copy portions of the Website and/or our newsletters solely for your person, non-commercial use. Other than as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws, you may not reproduce or distribute Content in any way without first obtaining permission of the owner of the copyright thereof. Any other use of the Content is strictly prohibited. If you breach these Terms of Use, your right to use the Content will automatically terminate and you must immediately destroy all copies of Content.

YOUR ACCOUNT OBLIGATIONS

In order to use the Website, purchase products, you may be required to create an account to provide certain information about yourself. In such case, you agree to provide true, accurate, current and complete information on the account form and to maintain and promptly update such account information. If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Website. Information you provide to us is subject to the terms of our Privacy Policy.

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.

COMMERCIAL TRANSACTIONS

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 hi@fantasticfungi.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.

You hereby acknowledge that any breach of these Terms of Use or any violation of any of our policies by you may result in termination of your access to the Website, deactivation or deletion of your account and all related information and files in your account, and permanent termination of your access to such information and files, without prior notice.

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.

DISCLAIMERS

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.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) resulting or arising, directly or indirectly, out of Content you submit, post to or transmit through the Website, your misuse of the Website, your violation of these Terms of Use, or your violation of any rights of any other person.

SMS MARKETING

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 hi@fantasticfungi.com 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.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

PRIVACY

We respect your privacy in accordance with the terms of our Privacy Policy, which is hereby incorporated by reference into these Terms of Use. DIGITAL MILLENNIUM COPYRIGHT ACT

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.

POSTED INFORMATION

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.

TERMINATION

These Terms of Use are effective until terminated by either party upon notice to the other party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Website. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Website with or without notice at any time. You agree that any termination of your access to the Website may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar you from any further access to such files or the Website. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Website.

GENERAL

These Terms of Use constitute the entire agreement between you and us and govern the use of the Website. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

ASSIGNMENT

We may assign these Terms of Use, including your Content and personal information, in the event of any merger, acquisition, change in control or other similar transaction involving us or any of our affiliates.

COMMENTS

If you have any questions or comments about us or these Terms of Use, you may contact us at:

The Mushroom Store, LLC

By email: hi@fantasticfungi.com

COPYRIGHT NOTICE

These terms of service were last updated on November 8, 2022