Sales Terms & Conditions
Last updated 1/2/2023.
These terms and conditions of sale (these “Terms”) are the only terms which govern the sale of Shroom Junkie™ goods (“Goods”) by Shroom Junkie™ (a brand of MycoTechnology, Inc.) (“Seller”) to the purchaser of such goods (“Buyer”). These Terms and any emails from Seller regarding the purchase of Goods by Buyer (collectively, this “Agreement”) comprise the entire agreement between Buyer and Seller, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, written or oral, regarding the sale of Goods. Upon placement of the Order, Buyer shall be deemed to have accepted these Terms and Seller may rely on this fact in performing. These Terms prevail over any inconsistent, contrary or additional terms related to the Goods in any email, purchase order or any other document from Buyer (and this shall serve as Seller’s objection under UCC §2-207(2)(c) to any such terms). These Terms may only be amended or modified in a writing signed by an authorized representative of Seller that specifically states that it amends these Terms.
An “Order” shall exist upon Seller’s receipt from Buyer of a purchase order to purchase Goods and payment of funds from Buyer for such Goods.
Price and Payment
The price for the Goods shall be as listed on Seller’s website at the time of the Order (the “Price”). All Prices set forth on Seller’s website are subject to change by Seller. All Prices are exclusive of all sales, use and any other similar taxes, duties, shipping and handling charges, which shall be Buyer’s sole responsibility. Upon placing an Order, Buyer shall pay all amounts due to Seller for such Goods in US dollars. Buyer acknowledges that all Orders are processed through Shopify and its affiliates and, as such, are subject to its and their terms.
Shipping and Delivery
After receipt of an Order, the Goods will be shipped to Buyer to the address specified by Buyer in the Order, subject to availability of the Goods. Any date given by Seller for delivery of Goods is given as an estimate only. Seller will have discretion in selecting the carrier, but Seller shall not be liable for any delays, loss or damage in transit. Seller shall also not be liable for any delay in performance due to any cause beyond its reasonable control. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods.
Return and Exchanges
Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing within 30 days after receipt thereof of any rejected Goods (including non-receipt thereof), identifying which Goods are rejected and the reason for such rejection. As stated in its return policy, Seller offers a refund or credit for any rejected goods. Buyer acknowledges and agrees that the remedies set forth in Section 5 are Buyer’s exclusive remedies, and Seller’s entire liability, for the Order. Seller expressly disclaims any implied warranties of merchantability or fitness for a particular purpose.
No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller.
Intellectual Property Rights
Buyer acknowledges and agrees that Seller retains all intellectual property rights in the Goods and nothing herein grants a license, assignment or other transfer of any such rights to Buyer. Buyer specifically agrees that it will not, directly or indirectly, analyze any of the Goods for chemical composition or structure, modify, reverse engineer, disassemble, or design around any of the Goods.
Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void.
No Third-Party Beneficiaries
This Agreement is for the sole benefit of the Buyer and Seller and their respective heirs, successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.
Governing Law; Venue
These Terms shall be governed by and interpreted in accordance with the substantive (and not conflicts) laws of the State of Colorado. Any cause of action arising hereunder or related in any way hereto shall be brought only in the federal or state courts in Denver, Colorado and Buyer hereby submits to the exclusive jurisdiction of such courts.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Last Updated January 2, 2023
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
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- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify or copy any materials from the Website;
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The Company’s name and all related names, logos, product and service names, designs and slogans on this Website are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. The Company reserves all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries
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- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
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Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
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Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express prior written consent. We may disable all or any social media features and any links at any time without notice in our discretion.
This Website may provide certain social media features that enable you to:
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- You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
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Links from the Website
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You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
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THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
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