Mushme Terms and Conditions of Service

1. Acceptance of Terms

This section outlines your agreement to these Terms when using Mushme's Services.

• 1.1. Explicit Agreement to Terms:

  By accessing, browsing, or otherwise using the Mushme website, mobile application, or purchasing any products offered by Mushme, you are unequivocally indicating your full and unconditional agreement to be bound by these Terms and Conditions, as well as our Privacy Policy and Disclaimer. This agreement is legally binding and enforceable, establishing a contractual relationship between you and Mushme. Your affirmative action of engaging with our Services serves as your digital signature, signifying your complete understanding and acceptance of all provisions contained herein. It is your responsibility to ensure you have read and comprehended these Terms in their entirety before any form of engagement. Continued use after any modifications implies ongoing acceptance.

• 1.2. Legal Capacity and Age Requirement:

  You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and possess the full legal capacity to enter into this agreement. If you are accessing or using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. Individuals under the age of 18 are strictly prohibited from creating accounts, making purchases, or otherwise engaging with our Services without the direct supervision and explicit consent of a parent or legal guardian. Any such unauthorized use will be deemed a violation of these Terms, and Mushme reserves the right to terminate access immediately.

• 1.3. Consequences of Non-Acceptance:

  Should you disagree with any portion of these Terms, or if you find any clause unacceptable for any reason, your sole and exclusive recourse is to immediately cease all use of Mushme's Services, including refraining from browsing the website, using the mobile application, or purchasing any products. Your continued interaction with Mushme's platform, even for informational purposes, will be construed as your implicit acceptance of these Terms. We emphasize that non-acceptance precludes any right to utilize or benefit from the Services we provide, and any such unauthorized use is at your own risk and subject to the full extent of applicable law.

• 1.4. Dynamic Nature of Terms:

  You acknowledge and agree that Mushme reserves the unilateral right to revise, modify, update, or replace any part of these Terms at any time, for any reason, and without prior individual notification. Such changes will become effective immediately upon their posting on this page, indicated by the "Last Updated" date. It is your express responsibility to periodically review these Terms to stay informed of any modifications. Your continued use of the Services following the posting of any changes constitutes your binding acceptance of those changes, irrespective of whether you have actively reviewed them. If you find any revised terms unacceptable, your only option is to discontinue using the Services.

• 1.5. Incorporation by Reference:

  These Terms explicitly incorporate by reference our Privacy Policy and Disclaimer, both of which are accessible via links on our website. By accepting these Terms, you also acknowledge that you have read, understood, and agreed to the provisions outlined in those linked documents. The Privacy Policy details how we collect, use, and protect your personal information, while the Disclaimer sets forth limitations on liability and specific warnings regarding product use. These documents form an integral part of your agreement with Mushme, and any breach of their provisions constitutes a breach of these overarching Terms.

• 1.6. Entire Agreement Clause:

  These Terms, together with the Privacy Policy and Disclaimer, constitute the entire and exclusive agreement between you and Mushme regarding your use of the Services, superseding all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and Mushme. This comprehensive agreement represents the complete understanding of the parties, and no oral representations, promises, or agreements outside of this written document shall be binding. Any purported modification or amendment to these Terms must be in writing and signed by an authorized representative of Mushme to be valid and enforceable.

• 1.7. Interpretation and Severability:

  If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of the remaining provisions. The invalid provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect as if the invalid provision had never been included. Furthermore, in such an event, the parties agree to replace the invalid provision with a valid and enforceable provision that most closely approximates the original intent and economic effect of the severed provision, ensuring the continued viability of the agreement.

• 1.8. No Waiver of Rights:

  The failure of Mushme to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any breach or default hereunder shall not be deemed a waiver of any subsequent breach or default. No waiver by Mushme of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Mushme to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. All rights and remedies of Mushme shall be cumulative and not alternative.

• 1.9. Headings for Convenience Only:

  The headings and section titles used in these Terms are for convenience of reference only and shall not be deemed to affect the meaning or interpretation of any provision herein. They are provided solely to assist in navigating this extensive document and do not carry any legal weight in defining, limiting, or explaining the scope or extent of any section. Therefore, when interpreting any clause, reliance should be placed solely on the substantive content of the paragraph or subsection, rather than the descriptive heading, ensuring that the full legal intent is accurately understood and applied.

• 1.10. Electronic Communications Consent:

  By using the Services, you consent to receive electronic communications from Mushme, including notices, agreements, disclosures, and other communications related to your account and our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that electronic communications may not always be secure and that you are responsible for maintaining the security of your email address and any associated accounts. This consent extends to transactional, service-related, and promotional communications, subject to your opt-out preferences.

2. Definitions

Clarification of key terms used throughout these Terms.

• 2.1. "Mushme," "We," "Us," "Our":

  These terms collectively refer to Mushme, the company, its legal entities, affiliates, subsidiaries, officers, directors, employees, agents, representatives, and all associated brands and intellectual property. This encompasses the entire operational and legal structure of the entity providing the Services. When these terms are used, they denote the party responsible for the provision of the website, mobile applications, products, and services, and the entity with whom you are entering into this contractual agreement. It signifies the corporate identity and all its extensions involved in delivering the Mushme experience to you.

• 2.2. "User," "You," "Your":

  These terms refer to any individual or entity accessing, browsing, using, or purchasing products or services from Mushme. This includes, but is not limited to, website visitors, registered account holders, customers, and anyone interacting with any aspect of the Mushme platform. It denotes the party who is bound by these Terms and Conditions upon engaging with our Services. The use of these terms ensures clarity in identifying the recipient of the Services and the party subject to the obligations and rights outlined in this agreement, establishing your role in this contractual relationship.

• 2.3. "Services":

  This broad term encompasses all offerings provided by Mushme, including but not limited to the Mushme website (www.mushme.com), any associated mobile applications, all mushroom grow kits, accessories, digital content (such as blog posts, guides, recipes), customer support, community forums, and any other products or functionalities made available by Mushme. It represents the entire ecosystem of provisions designed to deliver the "home-grown mushroom experience." This definition ensures that all interactions and transactions within the Mushme sphere are covered by these comprehensive Terms, regardless of the specific medium or offering.

• 2.4. "Products":

  Specifically refers to the physical goods offered for sale by Mushme, primarily including mushroom grow kits (e.g., Oyster, Lion's Mane, Shiitake kits), eco-friendly sprayers, cultivation accessories, recipe guides, cooking bundles, gift sets, and any other tangible items listed for purchase on the Mushme website or through its authorized retail channels. This term distinguishes the physical merchandise from the broader "Services" which also include digital content and support. It clarifies the scope of goods for which purchase, delivery, and return policies outlined in these Terms apply, ensuring precision in commercial transactions.

• 2.5. "Content":

  Encompasses all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials generated by Mushme, its licensors, or other users and made available through the Services. This includes, but is not limited to, product descriptions, blog articles, instructional guides, imagery, videos, user reviews, community forum posts, and any other digital or visual assets. This definition is broad to cover the full spectrum of informational and creative materials you may encounter or contribute to on the Mushme platform, clarifying what falls under intellectual property and usage guidelines.

• 2.6. "User Content":

  Refers specifically to any Content that you, as a User, submit, post, upload, publish, or otherwise make available on or through the Services. This includes, but is not limited to, customer reviews, testimonials, photos of your mushroom harvests, comments on blog posts, forum discussions, and any other material you actively contribute to the Mushme platform. This definition distinguishes user-generated material from Mushme's proprietary content and outlines the terms under which such contributions are made, including licensing and responsibility for accuracy and legality.

• 2.7. "Account":

  Refers to a personalized section within the Mushme website or mobile application created by a User through a registration process, requiring a unique username (typically an email address) and password. An Account provides access to features such as order history, saved shipping addresses, personalized recommendations, and participation in community features. This definition clarifies the nature of the user's private portal on our platform, establishing the terms of its creation, maintenance, and the responsibilities associated with its use and security, including password confidentiality.

• 2.8. "Intellectual Property Rights":

  This term broadly refers to all rights, titles, and interests in and to all copyrights, patents, trademarks, trade secrets, and other intellectual property and proprietary rights of any type, whether registered or unregistered, in any country, arising by operation of law, contract, license, or otherwise. This includes, but is not limited to, the Mushme brand name, logo, website design, product formulations, software code, and all Content created by Mushme. This definition is crucial for establishing Mushme's ownership over its creative and proprietary assets and outlining the limitations on user's rights to copy, reproduce, or distribute such materials without explicit permission.

• 2.9. "Third-Party Services":

  Refers to services, applications, websites, or content provided by entities other than Mushme, which may be linked to, integrated with, or otherwise accessible through the Mushme Services. Examples include payment gateways, shipping carriers, analytics providers, social media platforms, and external content providers. Mushme does not control these Third-Party Services, and their use is subject to their respective terms and privacy policies. This definition clarifies that while Mushme may facilitate access to these services, it disclaims responsibility for their independent operations, content, or data practices, placing the onus on the user to review external terms.

• 2.10. "Personal Data":

  Refers to any information relating to an identified or identifiable natural person ("data subject"). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. This definition aligns with global data protection standards and clarifies the scope of information covered by our Privacy Policy and data handling practices, ensuring your privacy rights are understood.

3. User Accounts

Details regarding the creation, maintenance, and termination of user accounts.

• 3.1. Account Creation and Eligibility:

  To access certain features of the Services, such as viewing order history or participating in community forums, you may be required to create an Account. You must be at least 18 years of age or the age of majority in your jurisdiction to create an Account. By creating an Account, you represent and warrant that all information you provide is accurate, complete, and current. Mushme reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion, especially if information provided is found to be false or misleading, ensuring the integrity of our user base.

• 3.2. Account Security and Responsibilities:

  You are solely responsible for maintaining the confidentiality of your Account login credentials, including your password, and for all activities that occur under your Account. You agree to notify Mushme immediately of any unauthorized use of your Account or any other breach of security. Mushme cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation. It is your responsibility to use strong, unique passwords and to log out of your account after each session, particularly on shared devices, to prevent unauthorized access.

• 3.3. Accurate Information Requirement:

  You agree to provide accurate, current, and complete information during the registration process and to promptly update such information to keep it accurate, current, and complete. Failure to provide accurate and complete information, or failure to update such information, may result in the suspension or termination of your Account, and may prevent you from accessing certain Services or receiving products. Maintaining accurate contact and shipping information is crucial for successful order fulfillment and communication, ensuring a smooth and reliable service experience.

• 3.4. Non-Transferability of Accounts:

  Your Mushme Account is personal to you and may not be assigned, transferred, or sold to any other person or entity. Any attempt to transfer or assign your Account is null and void and will result in the immediate termination of the Account. This ensures the integrity of our user base and prevents unauthorized access or misuse of personalized services. The unique nature of each account is designed to protect your data and provide a tailored experience, which is compromised by unauthorized transfers.

• 3.5. Account Termination by User:

  You may terminate your Mushme Account at any time by contacting our customer support team or through any designated account settings within the Services. Upon termination, your access to Account-specific features will cease, and certain personal data associated with your Account may be deleted or anonymized in accordance with our Privacy Policy and data retention schedules. Please note that certain transactional data may be retained for legal or accounting purposes, even after account closure, ensuring compliance with regulatory requirements.

• 3.6. Account Suspension or Termination by Mushme:

  Mushme reserves the right, at its sole discretion, to suspend or terminate your Account and refuse any and all current or future use of the Services for any reason, including, without limitation, if Mushme believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Reasons for termination may include, but are not limited to, fraudulent activity, violation of prohibited conduct, or repeated breaches of our policies. Such termination may occur without prior notice, and Mushme shall not be liable to you or any third party for any termination of your access to the Services.

• 3.7. Post-Termination Effects:

  Upon termination of your Account, all rights and licenses granted to you under these Terms will immediately cease. Any outstanding obligations you may have, such as payment for products received, will survive termination. Provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your account does not relieve you of any obligations incurred prior to termination, nor does it affect any rights or remedies of Mushme that accrued prior to termination.

• 3.8. Account Recovery Procedures:

  In the event you forget your password or suspect unauthorized access to your account, Mushme provides a standard account recovery process. This typically involves email verification or other security questions to confirm your identity. While we strive to make this process as user-friendly as possible, we also prioritize security, meaning some steps may require additional verification to protect your data. Mushme is not responsible for any delays or issues arising from your inability to provide accurate recovery information or for unauthorized access resulting from your failure to secure your recovery methods.

• 3.9. Account Information Accuracy Obligation:

  It is your ongoing responsibility to ensure that all information associated with your Mushme account, including but not limited to your name, email address, shipping address, and payment details, remains accurate and up-to-date. Inaccurate information can lead to issues with order fulfillment, communication, and potentially affect your access to certain services. Mushme is not liable for any problems arising from outdated or incorrect account information provided by the user. Regular review and updating of your profile details are strongly recommended to ensure seamless service delivery.

• 3.10. Prohibited Account Activities:

  You are strictly prohibited from using your Account for any unlawful, fraudulent, or malicious activities. This includes, but is not limited to, creating multiple accounts to circumvent policies, engaging in unauthorized access attempts, distributing malware, or using the account for any purpose that violates applicable laws or these Terms. Any such prohibited activity will result in immediate termination of your Account and may lead to legal action. Mushme reserves the right to monitor account activity for suspicious behavior to protect the integrity of its Services and user base.

4. Product Orders and Sales

Terms related to purchasing Mushme products, pricing, and payment.

• 4.1. Product Availability and Pricing:

  All products displayed on the Mushme website are subject to availability. While we strive to maintain accurate inventory information, product availability is not guaranteed and may change without notice. Prices for our products are subject to change without prior notice at Mushme's sole discretion. We reserve the right to modify or discontinue any product at any time without liability to you or any third party. All prices are listed in the currency specified on the website and do not include applicable taxes, shipping fees, or customs duties unless explicitly stated otherwise. You are responsible for all such additional charges.

• 4.2. Order Acceptance and Confirmation:

  Your placement of an order through the Mushme website constitutes an offer to purchase the products listed in your order. All orders are subject to acceptance by Mushme. We reserve the right to accept or decline your order for any reason, including, but not limited to, product unavailability, errors in pricing or product description, or suspected fraudulent activity. Upon successful placement of an order, you will receive an email confirmation detailing your order. This confirmation does not signify our acceptance of your order, but rather an acknowledgment of its receipt. A separate shipping confirmation email will signify our acceptance and the formation of a contract for sale.

• 4.3. Payment Terms:

  Payment for all products must be made in full at the time of order placement. Mushme accepts various payment methods as indicated on the website, including major credit cards and other digital payment solutions. You represent and warrant that you are the authorized user of the payment method provided. All payment information is processed securely by third-party payment gateways, and Mushme does not store your full payment card details on its servers. In the event of a payment failure, your order will not be processed, and Mushme reserves the right to cancel the order. You are responsible for any bank fees or charges associated with your payment method.

• 4.4. Shipping and Delivery:

  Mushme will arrange for the shipment of products to the address provided by you during the order process. Shipping costs and estimated delivery times will be displayed at checkout. While we strive to meet estimated delivery dates, these are approximations only and are not guaranteed. Mushme is not responsible for delays in shipping or delivery caused by unforeseen circumstances, including but not limited to carrier delays, adverse weather conditions, customs processing, or natural disasters. Risk of loss and title for products pass to you upon our delivery to the carrier. You are responsible for ensuring the accuracy of your shipping address.

• 4.5. Returns, Refunds, and Replacements:

  Mushme's policy on returns, refunds, and replacements for products is detailed in our dedicated Return Policy, which is incorporated into these Terms by reference. Generally, due to the perishable and biological nature of our grow kits, specific conditions apply. Requests for returns or replacements must be made within a specified period from the date of receipt and are subject to our assessment of the product's condition and adherence to our care instructions. We reserve the right to deny returns or refunds if the product has been misused, improperly stored, or if the claim falls outside our policy guidelines. Our goal is customer satisfaction, and we will work with you to resolve legitimate issues.

• 4.6. Product Descriptions and Accuracy:

  Mushme endeavors to provide accurate and detailed descriptions of its products, including images, specifications, and usage instructions. However, we do not warrant that product descriptions or other content available through the Services are entirely accurate, complete, reliable, current, or error-free. Slight variations in color, size, or appearance may occur due to natural differences in biological products or display settings. In the event of a significant discrepancy, your sole remedy is to return the product in accordance with our Return Policy. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

• 4.7. Cancellation of Orders by Mushme:

  Mushme reserves the right to cancel any order at any time for reasons including, but not limited to, product unavailability, errors in pricing or product descriptions, suspected fraudulent activity, or if we believe the order violates these Terms. In such cases, we will notify you and issue a full refund for any payment received. We are not obligated to fulfill an order if the product is no longer available or if there was a material error in its listing. This right protects Mushme from unforeseen circumstances and ensures fair business practices.

• 4.8. Taxes and Duties:

  You are solely responsible for any and all applicable taxes, customs duties, tariffs, and other governmental charges associated with your purchase of Mushme products. These charges may vary depending on your shipping location and local regulations. Mushme is not responsible for collecting or remitting these taxes or duties unless explicitly required by law. It is your responsibility to determine and pay any such additional amounts. Failure to pay applicable taxes or duties may result in delays in delivery or the forfeiture of your order, for which Mushme will not be liable.

• 4.9. Product Use and Safety:

  Mushme products, particularly grow kits, are intended for home cultivation of specific gourmet and functional mushroom varieties as stated. It is your responsibility to follow all provided instructions carefully and to correctly identify any mushrooms grown before consumption. Mushme disclaims all liability for any adverse reactions, illness, or injury resulting from the consumption of incorrectly identified, improperly grown, or contaminated mushrooms, regardless of their origin from a Mushme kit. You assume all risks associated with the cultivation, handling, and consumption of mushrooms. Always consult a healthcare professional regarding health benefits or dietary changes.

• 4.10. Resale Prohibition:

  Products purchased from Mushme are intended for personal, non-commercial use only. You agree not to resell, redistribute, or use any products for commercial purposes without the express prior written consent of Mushme. Any unauthorized commercial use or resale of Mushme products is strictly prohibited and may result in the termination of your account and legal action. This policy protects Mushme's brand integrity and intellectual property, ensuring that our products are used as intended for personal enjoyment and education.

5. User Conduct and Prohibited Activities

Guidelines for acceptable behavior and actions strictly forbidden while using Mushme Services.

• 5.1. Compliance with Laws and Regulations:

  You agree to comply with all applicable local, state, national, and international laws, regulations, and ordinances when using Mushme Services. This includes, but is not limited to, laws regarding online conduct, intellectual property, privacy, and the sale and purchase of goods. You are solely responsible for ensuring that your use of the Services is lawful in your jurisdiction. Any use of the Services for illegal or unauthorized purposes is strictly prohibited and will result in immediate termination of your access and potential legal action. Mushme reserves the right to cooperate fully with law enforcement authorities in investigating any suspected illegal activity.

• 5.2. Respectful and Appropriate Behavior:

  You agree to use the Services in a manner that is respectful, courteous, and appropriate to the nature of the platform. This includes refraining from engaging in any conduct that is abusive, harassing, threatening, defamatory, obscene, vulgar, or otherwise objectionable. You must not post or transmit any content that promotes discrimination, hatred, or violence against any individual or group. Any behavior deemed disruptive, offensive, or harmful to other users or to Mushme's brand image will result in immediate consequences, including content removal and account suspension or termination, at Mushme's sole discretion.

• 5.3. Prohibited Content Submission:

  You are strictly prohibited from submitting, posting, or transmitting any User Content that: (a) infringes upon the intellectual property rights of others; (b) contains viruses, malware, or any other harmful code; (c) is false, misleading, or deceptive; (d) constitutes unsolicited advertising or spam; (e) promotes illegal activities; (f) invades the privacy of others; or (g) is otherwise illegal or harmful. Mushme reserves the right, but not the obligation, to monitor, edit, or remove any User Content that violates these provisions without prior notice, ensuring a safe and compliant environment for all users.

• 5.4. Unauthorized Access and Interference:

  You are prohibited from attempting to gain unauthorized access to any part of the Services, other users' accounts, or Mushme's computer systems or networks. This includes, but is not limited to, using hacking, password "mining," or any other illicit means. You must not interfere with or disrupt the integrity or performance of the Services or the data contained therein, including through the use of bots, spiders, or other automated means. Any such unauthorized access or interference will be met with severe penalties, including immediate termination of access and potential legal prosecution.

• 5.5. Commercial Use Restrictions:

  Unless expressly authorized by Mushme in writing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services for any commercial purposes. This includes, but is not limited to, using Mushme's content for commercial gain, creating derivative works for sale, or operating a business that competes with Mushme using our intellectual property. Any unauthorized commercial exploitation is a direct violation of these Terms and may result in legal action for damages and injunctive relief.

• 5.6. Impersonation and Misrepresentation:

  You must not impersonate any person or entity, including, but not limited to, a Mushme employee, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity. You are prohibited from creating false identities or accounts to mislead others or circumvent Mushme policies. Any form of misrepresentation or deceptive conduct designed to gain an unfair advantage or harm others will result in immediate account termination and may lead to legal consequences, as it undermines the trust and integrity of our community.

• 5.7. Data Harvesting and Scraping:

  You are expressly prohibited from engaging in any automated or manual data harvesting, scraping, crawling, or similar data extraction activities on the Mushme website or Services without prior written consent from Mushme. This includes, but is not limited to, collecting email addresses, user data, product information, or any other content for commercial purposes, spamming, or creating unauthorized databases. Any such activity constitutes a serious breach of these Terms and will result in immediate legal action to protect our proprietary data and system integrity.

• 5.8. System Abuse and Overload:

  You must not engage in any activity that places an unreasonable or disproportionately large load on our infrastructure, or that interferes with the proper working of the Services. This includes, but is not limited to, launching denial-of-service attacks, excessive data requests, or any other actions designed to disrupt or impair the functionality of our website or servers. Such abuse compromises the availability and performance of our Services for all users and will result in immediate termination of access and potential legal liability for damages incurred by Mushme.

• 5.9. Circumvention of Security Measures:

  You are strictly prohibited from attempting to circumvent any security measures implemented by Mushme to protect the Services, user data, or intellectual property. This includes, but is not limited to, attempting to bypass authentication mechanisms, exploiting vulnerabilities, or using unauthorized tools to access restricted areas. Any such attempts to compromise our security infrastructure are considered severe violations of these Terms and will be met with immediate termination of access, reporting to relevant authorities, and pursuit of legal remedies to the fullest extent permitted by law.

• 5.10. Reporting Violations:

  If you become aware of any violation of these Terms by another user or any suspicious activity on the Mushme platform, you are encouraged to report it immediately to our customer support team. Your cooperation in identifying and reporting such violations helps maintain a safe and positive environment for all users and ensures the integrity of our Services. Mushme appreciates and relies on its community to help uphold these standards of conduct and will investigate all reports thoroughly and take appropriate action as necessary.

6. Intellectual Property Rights

Ownership of content and limitations on its use.

• 6.1. Ownership of Mushme Content:

  All content, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, available on the Mushme website and Services is the exclusive property of Mushme or its content suppliers and is protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This includes the Mushme brand name, logo, and all associated trade dress. Unauthorized use, reproduction, distribution, or modification of any Mushme Content without explicit written permission is strictly prohibited and will result in legal action to protect our proprietary assets.

• 6.2. Limited License to Users:

  Subject to your compliance with these Terms, Mushme grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services and Mushme Content. This license does not include any resale or commercial use of any Service or Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Service or Content; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by Mushme.

• 6.3. User Content and Licenses Granted:

  By submitting, posting, or displaying any User Content on or through the Services, you grant Mushme a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media, for any purpose, including for promotional and marketing activities. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license to Mushme. You retain all rights to your User Content, subject to the license granted herein.

• 6.4. Copyright Infringement Claims (DMCA):

  Mushme respects the intellectual property rights of others and expects its users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Mushme's designated copyright agent. Your notification must include specific information as required by the Digital Millennium Copyright Act (DMCA). Upon receipt of a valid DMCA notice, Mushme will take appropriate action, which may include removing or disabling access to the infringing material. We reserve the right to terminate the accounts of repeat infringers.

• 6.5. Trademarks and Brand Usage:

  The Mushme name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Mushme or its affiliates or licensors. You must not use such marks without the prior written permission of Mushme. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners. Unauthorized use of any Mushme trademarks or any confusingly similar marks is strictly prohibited and may result in legal action for trademark infringement.

• 6.6. Feedback and Suggestions:

  If you provide Mushme with any feedback, suggestions, comments, or ideas regarding the Services or Products ("Feedback"), you agree that Mushme is free to use such Feedback in any way, without any obligation or compensation to you. You hereby grant Mushme a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any Feedback for any purpose. This ensures Mushme can freely incorporate user insights into its development process without legal encumbrance.

• 6.7. Reservation of Rights:

  Mushme and its licensors reserve all rights not expressly granted to you in these Terms. No implied licenses are granted under these Terms. The Services and Mushme Content are licensed, not sold, to you. You acknowledge that Mushme retains all right, title, and interest in and to the Services and Mushme Content, including all associated intellectual property rights. Nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise, except as expressly provided herein. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

• 6.8. Protection of Trade Secrets:

  You acknowledge that Mushme's products and Services may contain valuable trade secrets and proprietary information, including but not limited to cultivation methods, substrate formulations, and marketing strategies. You agree not to disclose, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, underlying ideas, or algorithms of any part of the Services or Products, or to create derivative works based on them, except to the extent expressly permitted by applicable law. Any unauthorized disclosure or use of Mushme's trade secrets is strictly prohibited and will be met with legal action.

• 6.9. Enforcement of Intellectual Property:

  Mushme actively enforces its intellectual property rights to the fullest extent of the law. This includes pursuing legal remedies against individuals or entities that infringe upon our copyrights, trademarks, patents, or trade secrets. We monitor for unauthorized use of our brand, content, and product designs. By agreeing to these Terms, you acknowledge Mushme's right to protect its intellectual property and agree not to engage in any activities that would undermine these rights. Any costs associated with enforcing these rights, including legal fees, may be recoverable from the infringing party.

• 6.10. Third-Party Intellectual Property:

  While Mushme owns its proprietary content, certain elements within the Services may be owned by third parties and licensed to Mushme. You agree to respect the intellectual property rights of these third parties as well. Any unauthorized use of third-party content accessible through Mushme Services is also prohibited. Mushme disclaims any liability for your unauthorized use of third-party intellectual property. It is your responsibility to ensure that any User Content you submit does not infringe upon the rights of any third party.

7. Disclaimers and Warranties

Important limitations on Mushme's liability and warranties regarding Services and Products.

• 7.1. "As Is" and "As Available" Basis:

  THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MUSHME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. This means that while we strive for excellence, we cannot guarantee perfection or uninterrupted service, and you assume all risks associated with using our platform.

• 7.2. No Guarantees of Cultivation Success:

  MUSHME EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SUCCESS, YIELD, OR GROWTH RATE OF MUSHROOMS FROM OUR GROW KITS. MUSHROOM CULTIVATION IS A BIOLOGICAL PROCESS INHERENTLY SUBJECT TO NUMEROUS ENVIRONMENTAL AND USER-CONTROLLED FACTORS, INCLUDING BUT NOT LIMITED TO TEMPERATURE, HUMIDITY, AIRFLOW, WATER QUALITY, AND ADHERENCE TO INSTRUCTIONS. WHILE WE PROVIDE HIGH-QUALITY KITS AND GUIDANCE, WE CANNOT GUARANTEE SPECIFIC OUTCOMES. ANY IMAGES OR DESCRIPTIONS OF YIELDS ARE ILLUSTRATIVE AND NOT A GUARANTEE OF YOUR RESULTS. YOUR PERSONAL OUTCOMES MAY VARY SIGNIFICANTLY.

• 7.3. Product Identification and Consumption Risk:

  IT IS THE SOLE RESPONSIBILITY OF THE USER TO CORRECTLY IDENTIFY MUSHROOMS GROWN FROM MUSHME KITS PRIOR TO CONSUMPTION. WHILE WE PROVIDE GUIDANCE, NATURAL CONTAMINANTS EXIST IN ALL ENVIRONMENTS, AND ANY DEVIATION FROM EXPECTED GROWTH PATTERNS, COLORS, OR SHAPES SHOULD BE VIEWED WITH EXTREME CAUTION. MUSHME EXPLICITLY DISCLAIMS ALL LIABILITY FOR ADVERSE REACTIONS, ILLNESS, OR INJURY RESULTING FROM THE CONSUMPTION OF INCORRECTLY IDENTIFIED, IMPROPERLY GROWN, OR CONTAMINATED MUSHROOMS, REGARDLESS OF THEIR ORIGIN FROM A MUSHME KIT. YOU ASSUME ALL RISKS ASSOCIATED WITH CONSUMPTION.

• 7.4. Health and Medical Disclaimer:

  ANY INFORMATION REGARDING HEALTH BENEFITS, NUTRITIONAL VALUE, OR MEDICINAL PROPERTIES OF MUSHROOMS PROVIDED ON THE MUSHME WEBSITE, BLOG, OR THROUGH ANY SERVICES IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IT SHOULD NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. INDIVIDUALS WITH PRE-EXISTING HEALTH CONDITIONS, ALLERGIES, OR THOSE TAKING MEDICATIONS SHOULD CONSULT WITH THEIR DOCTOR BEFORE CONSUMING ANY MUSHROOMS. MUSHME DOES NOT ENDORSE SELF-MEDICATION AND DISCLAIMS ALL LIABILITY FOR ANY HEALTH-RELATED OUTCOMES.

• 7.5. Implied Warranties Exclusion:

  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MUSHME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION. MUSHME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUSHME OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY SUCH REPRESENTATIONS OR WARRANTIES.

• 7.6. Accuracy of Information Disclaimer:

  While Mushme strives to ensure the accuracy and timeliness of the information presented on its Services, we do not warrant the completeness, reliability, or accuracy of any content, including product descriptions, pricing, or instructional guides. Information may contain typographical errors, inaccuracies, or omissions. Mushme reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Any reliance you place on such information is therefore strictly at your own risk, and Mushme disclaims all liability for any damages arising from reliance on inaccurate information.

• 7.7. Third-Party Services Disclaimer:

  The Services may contain links to third-party websites or services that are not owned or controlled by Mushme. Mushme has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Mushme shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services. Your use of third-party services is at your own risk.

• 7.8. Internet and System Vulnerabilities:

  You acknowledge that the internet is not a completely secure medium and that the transmission of data over the internet carries inherent risks. Mushme cannot guarantee that your use of the Services will be free from unauthorized access, hacking, data loss, or other security breaches. While we implement robust security measures, no system is entirely impenetrable. Mushme disclaims all liability for any damages or losses resulting from such security incidents, except where directly caused by our gross negligence or willful misconduct. You are responsible for protecting your own devices and internet connection.

• 7.9. Force Majeure Disclaimer:

  Mushme shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Mushme's reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. This also includes failures of telecommunications or information services infrastructure, hacking, or other cyberattacks. In such events, Mushme's performance shall be excused for the duration of the event, and we will make reasonable efforts to mitigate the impact.

• 7.10. No Professional Advice:

  The information provided on the Mushme Services, including but not limited to cultivation guides, recipes, and blog posts, is for general informational and educational purposes only. It is not intended as professional advice of any kind, whether agricultural, dietary, medical, legal, or financial. You should not rely on the information on the Services as a substitute for professional advice. Always seek the advice of a qualified professional in the relevant field for any specific questions or concerns. Mushme disclaims all liability for any actions taken or not taken based on the information provided through the Services.

8. Limitation of Liability

The extent of Mushme's liability for damages or losses incurred by users.

• 8.1. Exclusion of Indirect Damages:

  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSHME, ITS AFFILIATES, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. This comprehensive exclusion ensures that Mushme is not held responsible for unforeseen or indirect consequences arising from your use of our services, providing a clear boundary for our legal obligations and protecting us from speculative claims that extend beyond the direct scope of our operations. It emphasizes that users assume the inherent risks of online interaction and biological cultivation.

• 8.2. Cap on Direct Damages:

  IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MUSHME, ITS AFFILIATES, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO MUSHME FOR THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). This limitation applies to all forms of direct damages, ensuring that any financial compensation for which Mushme may be held liable is capped at a reasonable and predictable amount. This provision safeguards Mushme from excessive financial exposure, allowing us to continue providing our services sustainably. It establishes a clear maximum liability, regardless of the nature or severity of the claim, providing both parties with clarity regarding potential financial obligations and preventing disproportionate claims that could jeopardize the company's operations. This cap is a fundamental aspect of the risk allocation between Mushme and its users, reflecting the nature of the products and services offered.

• 8.3. Jurisdictional Limitations:

  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 AND 8 MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, MUSHME'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. This clause acknowledges that legal frameworks vary, and while Mushme aims for broad applicability of its limitations, it will always comply with mandatory local laws. It ensures that even where specific exclusions are not permitted, Mushme's liability will be reduced to the absolute minimum allowed by the governing jurisdiction's statutes. This adaptability ensures legal compliance while still striving to limit exposure where legally permissible, providing a balanced approach to liability across different regulatory environments. It is crucial for users to understand that their specific legal rights may vary based on their geographic location and local consumer protection laws, and this clause explicitly addresses that variability.

• 8.4. Allocation of Risk:

  YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MUSHME AND YOU. THEY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES, WITHOUT WHICH MUSHME WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS. This provision underscores that the limitations on liability are not arbitrary but are essential for Mushme's operational viability. It highlights that the pricing and availability of our Services are directly contingent upon this agreed-upon risk distribution. By accepting these Terms, you are explicitly acknowledging that these limitations are a core component of the commercial agreement, enabling Mushme to offer its products and services at competitive rates while managing its own business risks effectively. It signifies that the user understands and accepts their share of the inherent risks involved in using the Services.

• 8.5. No Liability for User Content:

  MUSHME ASSUMES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY FOR ANY USER CONTENT POSTED, STORED, OR UPLOADED BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO, NOR IS MUSHME LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, OR PROFANITY YOU MAY ENCOUNTER. While we reserve the right to monitor and remove inappropriate content, we are not obligated to do so, and the responsibility for User Content rests solely with the individual who posted it. This ensures that the burden of legal responsibility for user-generated material is not unfairly transferred to Mushme, maintaining a clear distinction between our content and contributions from the community. Users are solely accountable for the legality and appropriateness of their submissions, and Mushme is not responsible for the actions or content of its users.

• 8.6. No Liability for External Links:

  MUSHME IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE MUSHME SERVICES. THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MUSHME OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT MUSHME SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES. Your interaction with external sites is governed by their respective terms and privacy policies, and Mushme disclaims all responsibility for such interactions. This provision ensures that Mushme's liability is confined to its own platform and does not extend to the vast and varied content available on the broader internet, over which we have no control, thereby protecting us from the actions of external entities.

• 8.7. No Liability for Interruptions or Errors:

  MUSHME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WHILE WE STRIVE TO PROVIDE A RELIABLE SERVICE, INTERNET-BASED SERVICES ARE INHERENTLY SUBJECT TO INTERRUPTIONS, DELAYS, AND ERRORS. MUSHME SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE UNAVAILABILITY OF THE SERVICES, TECHNICAL GLITCHES, OR ANY OTHER SERVICE INTERRUPTIONS, REGARDLESS OF CAUSE. This includes, but is not limited to, data loss, system failures, or delays in processing orders due to technical issues. You acknowledge that such occurrences are an inherent risk of online services, and Mushme's liability is limited in these circumstances, ensuring that we are not held accountable for factors beyond our reasonable control and that you understand the inherent limitations of digital platforms.

• 8.8. No Liability for Viruses or Malware:

  MUSHME DOES NOT WARRANT THAT THE SERVICES OR ANY CONTENT DOWNLOADED FROM THE SERVICES WILL BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. WHILE WE EMPLOY SECURITY MEASURES, YOU ARE RESPONSIBLE FOR IMPLEMENTING YOUR OWN SAFEGUARDS, INCLUDING ANTI-VIRUS SOFTWARE. MUSHME SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. This provision places the primary responsibility for digital security on the user, acknowledging that no online environment can guarantee absolute immunity from malicious software. It emphasizes the importance of personal cybersecurity practices and limits Mushme's liability for issues originating from external threats or user negligence in maintaining their own system security, ensuring that our responsibility is clearly defined.

• 8.9. Limitation on Time to File Claims:

  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. This clause establishes a strict time limit for initiating legal proceedings against Mushme, encouraging prompt resolution of disputes. It ensures that potential claims do not remain open indefinitely, providing a clear statute of limitations for any grievances related to the Services. This is a common legal provision designed to promote finality in legal matters and prevent stale claims from being brought forward years after an event, contributing to legal certainty and operational efficiency for Mushme.

• 8.10. Cumulative Nature of Limitations:

  THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 8 ARE CUMULATIVE AND APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF MUSHME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS MEANS THAT THE TOTAL AGGREGATE LIABILITY OF MUSHME WILL NOT EXCEED THE CAP SPECIFIED IN SECTION 8.2, REGARDLESS OF HOW MANY CLAIMS ARE BROUGHT OR THE LEGAL BASIS FOR THOSE CLAIMS. This ensures that the financial cap on liability is an absolute maximum, preventing multiple claims from exceeding this limit. It reinforces the comprehensive nature of Mushme's liability limitations, providing a clear and predictable framework for managing potential financial risks. This cumulative application is critical for Mushme's long-term operational stability and ensures that the overall risk exposure remains within defined parameters, which is essential for any business operating online.

9. Indemnification

Your agreement to protect Mushme from certain claims.

• 9.1. General Indemnity Obligation:

  You agree to indemnify, defend, and hold harmless Mushme, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services. This includes, but is not limited to, your User Content, your use of the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Services. This broad indemnity clause ensures that Mushme is protected from legal and financial repercussions stemming from your actions or omissions that breach this agreement or cause harm to others through your use of our platform. It shifts the burden of defense and liability for such actions directly to you, the user.

• 9.2. Indemnity for User Content:

  You specifically agree to indemnify and hold harmless Mushme from any claims, damages, or expenses arising from any User Content that you submit, post, or transmit through the Services. This includes, without limitation, claims of intellectual property infringement, defamation, privacy violations, or any other unlawful content. You are solely responsible for the legality, accuracy, and appropriateness of your User Content, and this indemnification ensures that Mushme is not held liable for material originated by its users. This clause reinforces your responsibility for the content you contribute to our platform, protecting Mushme from third-party claims related to your submissions.

• 9.3. Indemnity for Product Misuse:

  You agree to indemnify and hold harmless Mushme from any claims, damages, or expenses arising from your misuse or improper handling of Mushme products, including but not limited to, failure to follow instructions, consumption of incorrectly identified or contaminated mushrooms, or any adverse health reactions. This extends to any property damage or personal injury resulting from your cultivation or use of our products. This clause emphasizes that while Mushme provides the kits, the responsibility for safe and proper use, including identification before consumption, rests entirely with the user, thereby protecting Mushme from liabilities stemming from user negligence or improper application of the products.

• 9.4. Indemnity for Third-Party Interactions:

  You agree to indemnify and hold harmless Mushme from any claims, damages, or expenses arising from your interactions with any third-party websites, services, or individuals linked to or encountered through the Mushme Services. This includes, but is not limited to, disputes with other users, issues arising from third-party payment processors or shipping carriers, or problems encountered on external websites. Mushme facilitates connections but does not control these third-party entities, and this clause ensures that any liabilities arising from such external interactions are borne by the user, who is responsible for their own engagement with third parties.

• 9.5. Defense Obligation:

  In the event of a claim covered by this indemnification provision, Mushme reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Mushme's defense of such claim. You will not, in any event, settle any claim without the prior written consent of Mushme. This ensures that Mushme has control over its legal defense strategies when faced with claims arising from your actions, protecting its interests and reputation while still holding you accountable for the underlying liability.

• 9.6. Survival of Indemnification:

  The indemnification obligations set forth in this Section 9 shall survive the termination of these Terms and your use of the Services. This means that even after your account is closed or you cease using Mushme's platform, your obligation to indemnify Mushme for claims arising from your prior conduct will remain in full force and effect. This ensures long-term protection for Mushme against liabilities that may only manifest or be discovered after your direct engagement with the Services has ended, providing ongoing legal security for the company.

• 9.7. Scope of Indemnification:

  The indemnification provided herein extends to any and all losses, damages, liabilities, costs, and expenses, including reasonable legal fees, incurred by Mushme as a result of your breach of these Terms, your negligent or wrongful acts or omissions, your violation of any applicable laws or regulations, or your infringement of any third-party rights, including intellectual property rights. This comprehensive scope ensures that Mushme is fully compensated for any adverse financial or legal impact directly attributable to your non-compliance or misconduct, covering a wide range of potential liabilities and ensuring Mushme's financial integrity.

• 9.8. Prompt Notification of Claims:

  You agree to promptly notify Mushme of any claim or demand that may be subject to indemnification under these Terms. Timely notification is crucial to allow Mushme to take appropriate action, including participating in the defense or settlement of the claim. Failure to provide prompt notification may affect Mushme's ability to defend itself and may, at Mushme's sole discretion, reduce or eliminate your indemnification obligations. This ensures effective cooperation and management of potential legal issues.

• 9.9. No Limitation on Other Remedies:

  The indemnification provisions in this Section 9 are in addition to, and not in lieu of, any other rights or remedies that Mushme may have at law or in equity. This means that Mushme is not limited to seeking indemnification but may also pursue other legal avenues, such as injunctive relief, specific performance, or direct damages, to address any breaches of these Terms or other unlawful conduct by you. This ensures that Mushme retains a full array of legal options to protect its interests and enforce its rights.

• 9.10. Indemnity for Account Misuse:

  You specifically agree to indemnify and hold harmless Mushme from any claims, damages, or expenses arising from any unauthorized access to or use of your Account, including any activities conducted under your Account due to your failure to maintain adequate security of your credentials. This reinforces your responsibility for account security and ensures that Mushme is not liable for issues stemming from your negligence in protecting your login information. This provision underscores the importance of strong passwords and diligent account management to prevent unauthorized activity.

10. Governing Law and Dispute Resolution

How legal disputes will be resolved and which laws apply.

• 10.1. Governing Law:

  These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law principles. This choice of law ensures consistency in legal interpretation and application, providing a clear legal framework for all interactions between you and Mushme. It means that any legal questions or disputes arising from these Terms will be resolved under the specific statutes and precedents of Georgia law, irrespective of your physical location, thereby establishing a predictable legal environment for both parties.

• 10.2. Mandatory Arbitration:

  ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE SERVICES OR PRODUCTS, SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE HEREBY WAIVED. This clause mandates that most disputes be settled through arbitration, a private and less formal process than court litigation, aiming for quicker and more cost-effective resolutions. It explicitly prohibits class action lawsuits, meaning disputes must be pursued individually.

• 10.3. Arbitration Procedures:

  The arbitration shall be conducted by a single arbitrator appointed in accordance with the AAA rules. The arbitration shall take place in Atlanta, Georgia, unless otherwise agreed by the parties. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding upon both parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have the authority to award all remedies available at law or in equity, including injunctive relief, but shall not have the power to award punitive damages. This outlines the specific operational details of the arbitration process.

• 10.4. Waiver of Jury Trial and Class Action:

  BY AGREEING TO THESE TERMS, YOU AND MUSHME EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. This is a crucial waiver, meaning you give up your right to have a jury decide your case and your right to be part of a group lawsuit. This ensures that disputes are handled individually and through arbitration, streamlining the resolution process and avoiding the complexities and costs associated with large-scale litigation. It is a significant legal concession that you make by agreeing to these Terms.

• 10.5. Exceptions to Arbitration:

  Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within the scope of such court's jurisdiction. Furthermore, either party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This ensures that certain types of disputes, particularly those involving intellectual property or minor claims, can still be addressed in traditional courts, providing a necessary carve-out from the general arbitration requirement.

• 10.6. Confidentiality of Arbitration:

  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain the confidentiality of the arbitration proceedings and the award, except as may be required by law or for purposes of enforcing the arbitration award. This confidentiality provision ensures that sensitive business information and personal details revealed during the arbitration process remain private, protecting both parties from public disclosure of potentially damaging information. It promotes a more discreet and controlled resolution environment compared to public court proceedings.

• 10.7. Costs of Arbitration:

  The allocation of arbitration fees and expenses, including the arbitrator's fees, will be governed by the AAA rules. However, if you initiate an arbitration and the value of the relief sought is $75,000 or less, Mushme will pay all AAA filing, administration, and arbitrator fees unless the arbitrator finds that the substance of your claim or the relief sought in your demand for arbitration was frivolous or brought for an improper purpose. For claims exceeding $75,000, the allocation of fees will be determined by the AAA rules. This provision aims to make arbitration accessible for smaller claims by potentially reducing the financial burden on the user, while still maintaining fairness for larger disputes.

• 10.8. Venue for Judicial Proceedings:

  To the extent that any lawsuit or court proceeding is permitted under these Terms (e.g., for intellectual property claims or small claims), you agree that such actions shall be brought exclusively in the state or federal courts located in Atlanta, Georgia. You hereby consent to the personal jurisdiction and venue of such courts for the purpose of litigating any such action. This clause specifies the exclusive geographical location for any court cases, ensuring that Mushme is not required to defend itself in multiple jurisdictions, thereby centralizing legal proceedings and providing predictability regarding the forum for dispute resolution.

• 10.9. Injunctive Relief:

  Notwithstanding the arbitration provisions, Mushme reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or for any other urgent matter where monetary damages would not be an adequate remedy. This ensures that Mushme can take immediate legal action to protect its critical assets and prevent irreparable harm, even while other disputes may proceed through arbitration, providing a dual approach to legal protection.

• 10.10. Severability of Arbitration Clause:

  If any part of this "Governing Law and Dispute Resolution" section is found to be invalid, unenforceable, or illegal, the other provisions shall remain in full force and effect. However, if the class action waiver is found to be unenforceable, then the entire arbitration provision (except for this sentence) shall be null and void, and the dispute shall be brought in a court of competent jurisdiction in Atlanta, Georgia. This ensures that the core intent of individual arbitration is preserved, and if the class action waiver fails, the dispute reverts to traditional litigation in a specified venue, maintaining a clear path for dispute resolution.

11. Miscellaneous Provisions

Other important legal terms and conditions.

• 11.1. Entire Agreement:

  These Terms, together with the Privacy Policy and Disclaimer, constitute the entire and exclusive agreement between you and Mushme regarding your use of the Services, superseding all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This comprehensive agreement represents the complete understanding of the parties, and no oral representations, promises, or agreements outside of this written document shall be binding. Any purported modification or amendment to these Terms must be in writing and signed by an authorized representative of Mushme to be valid and enforceable, ensuring legal clarity and preventing disputes over unwritten agreements.

• 11.2. Severability:

  If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of the remaining provisions. The invalid provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect as if the invalid provision had never been included. Furthermore, in such an event, the parties agree to replace the invalid provision with a valid and enforceable provision that most closely approximates the original intent and economic effect of the severed provision, ensuring the continued viability of the agreement and upholding the overall purpose of these Terms.

• 11.3. Assignment:

  You may not assign or transfer these Terms, by operation of law or otherwise, without Mushme's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Mushme may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. This ensures that the contractual relationship remains between the original parties unless Mushme explicitly agrees to a transfer, maintaining control over who is bound by these obligations and protecting Mushme's interests in the event of a business transfer or reorganization.

• 11.4. No Waiver:

  The failure of Mushme to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any breach or default hereunder shall not be deemed a waiver of any subsequent breach or default. No waiver by Mushme of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Mushme to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. All rights and remedies of Mushme shall be cumulative and not alternative, ensuring that Mushme's legal options are not diminished by inaction.

• 11.5. Relationship of the Parties:

  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mushme as a result of these Terms or your use of the Services. These Terms are solely for the benefit of you and Mushme and are not intended to create any rights or benefits for any third party, except as expressly provided herein. This clause clarifies the independent nature of the relationship, ensuring that neither party can claim a partnership or employment status based on the use of the Services, which is crucial for legal and tax purposes, and prevents unintended third-party beneficiaries from asserting rights under this agreement.

• 11.6. Survival:

  Any provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. This ensures that certain obligations and protections remain in effect even after your use of the Services ceases or your account is terminated. Such provisions are fundamental to protecting Mushme's long-term interests and managing residual risks, ensuring that legal responsibilities and rights persist beyond the active period of service engagement, providing ongoing legal clarity and accountability for both parties.

• 11.7. Headings:

  The headings and section titles in these Terms are for convenience only and have no legal or contractual effect. They are provided solely to assist in navigating this extensive document and do not carry any legal weight in defining, limiting, or explaining the scope or extent of any section. Therefore, when interpreting any clause, reliance should be placed solely on the substantive content of the paragraph or subsection, rather than the descriptive heading, ensuring that the full legal intent is accurately understood and applied, preventing misinterpretations based on summary titles.

• 11.8. Electronic Signatures and Communications:

  You agree that your electronic signature, including your assent to these Terms by clicking "I Agree" or by using the Services, is the legal equivalent of your manual signature. You consent to receive communications from Mushme in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mushme provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This facilitates efficient and legally binding digital interactions, streamlining communication and agreement processes.

• 11.9. Feedback and Unsolicited Ideas:

  Mushme welcomes your feedback and suggestions regarding the Services. However, please do not submit any unsolicited ideas, suggestions, or materials. If you do submit any such ideas, you agree that Mushme is free to use them without any obligation or compensation to you, and you waive any claims related to such submissions. This policy protects Mushme from potential disputes regarding intellectual property ownership of unsolicited ideas, ensuring that any improvements or innovations derived from user feedback can be freely implemented without legal encumbrance, while still valuing user input for service enhancement.

• 11.10. Export Control:

  You agree not to export or re-export any Mushme products or technology obtained from the Services, except in compliance with the export control laws and regulations of the United States and any other applicable countries. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties. This ensures compliance with international trade laws and prevents the use of Mushme products in restricted territories or by sanctioned individuals, upholding global legal standards.

• 11.11. Local Laws and Regulations:

  You are solely responsible for compliance with all applicable local, state, national, and international laws and regulations in connection with your use of the Services and the purchase, cultivation, and consumption of Mushme products. This includes, but is not limited to, laws pertaining to intellectual property, privacy, consumer protection, and any specific regulations regarding the cultivation or possession of fungi in your jurisdiction. Mushme makes no representation that the Services or products are appropriate or available for use in all locations. Your access to the Services from territories where their contents are illegal is prohibited. You are responsible for any consequences of your non-compliance.

• 11.12. Language of the Terms:

  These Terms are written in English. Any translation of these Terms into another language is provided for convenience only, and the English version shall prevail in the event of any conflict or inconsistency. This ensures that the authoritative legal text remains consistent, preventing misinterpretations that could arise from linguistic nuances in translation. In any legal dispute or interpretation, the English version will be the sole binding document, providing clarity and preventing ambiguity across different linguistic contexts.

• 11.13. Construction:

  The parties agree that these Terms shall be construed fairly, and not strictly for or against either party, regardless of which party drafted these Terms. This principle of construction ensures that the agreement is interpreted impartially, promoting fairness in any dispute resolution. It prevents either party from gaining an unfair advantage based on drafting expertise and encourages a balanced application of the terms, fostering a more equitable legal framework for both Mushme and its users, thereby strengthening the overall integrity of the agreement.

• 11.14. Remedies:

  The remedies provided in these Terms are cumulative and not exclusive of any remedies provided by law or in equity. This means that Mushme is not limited to the specific remedies outlined in this agreement but may pursue any available legal or equitable relief to enforce its rights or address your breach of these Terms. This ensures that Mushme has a full array of options to protect its interests, including monetary damages, injunctive relief, or specific performance, providing comprehensive legal recourse beyond the explicit provisions of this document.

• 11.15. No Third-Party Beneficiaries:

  Except as expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. This means that no person or entity other than you and Mushme can enforce any part of this agreement. This ensures that the contractual relationship is strictly between the direct parties, preventing unintended third parties from asserting rights or claims based on this agreement, thereby simplifying the legal framework and limiting potential liabilities to those explicitly defined within the direct contractual relationship.

• 11.16. Force Majeure:

  Mushme shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond Mushme's reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, or failures of telecommunications or information services infrastructure. This ensures that Mushme is excused from performance during events beyond its control, protecting it from liabilities arising from unforeseen and unavoidable circumstances, providing a necessary legal safeguard for business continuity.

• 11.17. Independent Contractors:

  The relationship between you and Mushme is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other or to incur obligations on the other's behalf. This clarifies the nature of the legal relationship, ensuring that neither party can claim a formal association beyond that of independent entities engaging in a service agreement, which is important for legal, tax, and operational clarity, preventing unintended liabilities or obligations.

• 11.18. Cumulative Rights:

  All rights and remedies provided under these Terms are cumulative and not exclusive of any other rights or remedies that may be available to Mushme under law or in equity. This means that Mushme can pursue multiple legal avenues simultaneously or consecutively to address a breach or enforce its rights, without being limited to a single course of action. This provision ensures maximum flexibility and effectiveness in Mushme's ability to protect its interests and enforce the terms of this agreement, providing a robust legal framework for redress.

• 11.19. Interpretation Against Drafter:

  The rule of construction that ambiguities in a contract are to be construed against the drafter shall not apply to the interpretation of these Terms. This means that despite Mushme having drafted this document, any ambiguities will be interpreted fairly and impartially, rather than automatically in your favor. This ensures a balanced legal interpretation, promoting equitable application of the terms and preventing one party from gaining an unfair advantage based solely on the drafting process, fostering a more just and consistent application of the agreement.

• 11.20. Survival of Representations and Warranties:

  All representations, warranties, covenants, and agreements made by you in these Terms shall survive the termination of these Terms and your use of the Services. This ensures that your commitments and guarantees made within this agreement remain legally binding even after your active engagement with Mushme's services ceases. This provides long-term protection for Mushme against any misrepresentations or breaches that may only become apparent or cause harm at a later date, ensuring ongoing accountability for your past actions and statements made under these Terms.

• 11.21. No Partnership or Agency:

  Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between you and Mushme. You are an independent user, and Mushme is an independent service provider. Neither party has the authority to bind or commit the other party in any manner or for any purpose. This reiterates the independent nature of the relationship, preventing any unintended legal implications such as shared liability or mutual obligations beyond those explicitly stated in these Terms, ensuring clear roles and responsibilities.

• 11.22. Waiver of Consequential Damages:

  YOU HEREBY WAIVE ANY AND ALL RIGHTS TO SEEK INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES FROM MUSHME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS. This explicit waiver reinforces the limitation of liability clause, ensuring that you cannot pursue these specific types of damages, even if they are a direct result of an issue with the Services. This is a crucial protection for Mushme, limiting its financial exposure to direct and foreseeable losses, and preventing claims for speculative or indirect harm, which is vital for maintaining economic viability and operational predictability within the business model.

• 11.23. No Third-Party Rights:

  These Terms are for the sole benefit of the parties hereto and their respective 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. This ensures that only the direct parties to the agreement (you and Mushme) can enforce its provisions, preventing external individuals or organizations from claiming rights or benefits, thereby simplifying the legal landscape and preventing unintended liabilities or obligations to third parties.

• 11.24. Cumulative Remedies:

  All rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law or in equity. This means that Mushme is not limited to the specific remedies outlined in this agreement but may pursue any available legal or equitable relief to enforce its rights or address your breach of these Terms. This ensures that Mushme has a full array of options to protect its interests, including monetary damages, injunctive relief, or specific performance, providing comprehensive legal recourse beyond the explicit provisions of this document.

• 11.25. Entire Agreement Reiteration:

  These Terms, including any documents incorporated by reference, represent the entire agreement between you and Mushme concerning your use of the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and Mushme with respect to the Services. This clause is a powerful legal statement that ensures that only the terms explicitly written in this document and its referenced policies are legally binding, preventing any reliance on previous discussions or informal agreements, thereby providing a clear and definitive legal framework for the relationship.

• 11.26. No Oral Modification:

  No oral statement or representation by any employee, agent, or representative of Mushme shall be deemed to modify, amend, or waive any provision of these Terms. Any modification or amendment to these Terms must be in writing and signed by an authorized representative of Mushme to be valid and enforceable. This ensures that changes to this legally binding agreement can only be made through a formal, documented process, preventing informal verbal agreements from altering the terms and providing legal certainty for both parties by requiring written consent for any amendments.

• 11.27. Interpretation of "Including":

  The terms "including" and "include" as used in these Terms shall be deemed to mean "including without limitation" or "including but not limited to." This clarification ensures that lists or examples provided within the Terms are not exhaustive but merely illustrative, allowing for broader interpretation of the scope of various provisions. This common legal drafting technique prevents unintended restrictions on the meaning of clauses and ensures that the terms are applied comprehensively, covering a wide range of scenarios without being overly prescriptive.

• 11.28. Construction and Severability:

  If any provision of these Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect. The invalid provision shall be replaced by a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid provision. This ensures that the entire agreement does not collapse due to a single problematic clause, allowing the remaining valid parts to continue governing the relationship, thereby maintaining the overall integrity and enforceability of the Terms despite partial invalidity.

• 11.29. Equitable Remedies:

  You acknowledge that a breach of these Terms may cause irreparable harm to Mushme for which monetary damages would be an inadequate remedy. Accordingly, you agree that Mushme shall be entitled to seek injunctive or other equitable relief, without the necessity of posting a bond or other security, in addition to any other remedies available at law. This ensures that Mushme can pursue immediate court orders to prevent ongoing harm, particularly for intellectual property infringement or other severe breaches, where financial compensation alone would not suffice to protect its interests, providing a crucial mechanism for rapid legal intervention.

• 11.30. Cumulative Rights and Remedies:

  All rights and remedies provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law or in equity. This means that Mushme is not limited to the specific remedies outlined in this agreement but may pursue any available legal or equitable relief to enforce its rights or address your breach of these Terms. This ensures that Mushme has a full array of options to protect its interests, including monetary damages, injunctive relief, or specific performance, providing comprehensive legal recourse beyond the explicit provisions of this document.

• 11.31. Successors and Assigns:

  These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. This ensures that the terms of the agreement remain applicable to any entities that legally succeed or are assigned the rights and obligations of either party, providing continuity in the contractual relationship even through changes in ownership or legal structure. It safeguards Mushme's rights and obligations across potential business transformations and ensures consistent enforcement.

• 11.32. Counterparts:

  These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This provision is typically used in agreements where parties sign separate copies of the same document, and it ensures that all signed copies collectively form a single, legally binding agreement. While less common for online terms accepted by user clicks, its inclusion reinforces the formal and comprehensive nature of the agreement, treating electronic acceptance as equivalent to physical signature across multiple copies.

• 11.33. Time of the Essence:

  Time is of the essence with respect to all of your obligations under these Terms. This clause emphasizes that strict adherence to deadlines and performance times is critical to the agreement, and any delays or failures to meet specified timelines may constitute a material breach. It allows Mushme to enforce timely performance of your obligations, particularly concerning payments or adherence to usage policies, and provides a basis for remedies if deadlines are not met, ensuring operational efficiency and contractual discipline.

• 11.34. Independent Advice:

  You acknowledge that you have had the opportunity to consult with independent legal counsel regarding these Terms and that you understand the terms and conditions contained herein. This clause emphasizes that you are entering into this agreement with full awareness and without coercion, having had the chance to seek professional advice. It strengthens the enforceability of the Terms by demonstrating that you were given the opportunity to understand your legal obligations fully before accepting them, thereby minimizing claims of misunderstanding or lack of informed consent.

• 11.35. No Presumption Against Drafter:

  The parties agree that no presumption shall arise by virtue of the fact that these Terms were drafted by Mushme. This means that any ambiguities or uncertainties in the language of the Terms will not automatically be resolved in your favor simply because Mushme created the document. Instead, the interpretation will be based on the plain meaning of the text and the overall intent of the agreement, promoting a fair and balanced application of the terms regardless of authorship, ensuring equitable treatment in legal interpretation.

• 11.36. Compliance with Laws (General):

  You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Services and your purchase of products. This includes, but is not limited to, laws concerning online conduct, intellectual property, privacy, data protection, consumer rights, and any specific regulations related to home cultivation or consumption of mushrooms in your jurisdiction. Your adherence to all relevant legal frameworks is your sole responsibility, and Mushme disclaims liability for your non-compliance, ensuring that your use of the Services is always within legal bounds.

• 11.37. Use of Cookies and Tracking Technologies:

  By using the Services, you acknowledge and agree to Mushme's use of cookies and other tracking technologies as described in our Privacy Policy. These technologies are used to enhance your browsing experience, personalize content, analyze site traffic, and support our marketing efforts. You understand that while you can manage cookie preferences through your browser settings, disabling certain cookies may impact the functionality of the Services. Your continued use of the Services constitutes your consent to these practices, which are essential for optimizing your online experience with Mushme.

• 11.38. Data Retention:

  You acknowledge that Mushme may retain certain personal data and transactional information for a period necessary to fulfill the purposes outlined in our Privacy Policy, comply with legal obligations, resolve disputes, and enforce our agreements. This retention period may extend beyond the termination of your account or your cessation of using the Services. Our data retention practices are designed to balance your privacy rights with our operational and legal requirements, ensuring that data is kept only as long as necessary and in accordance with applicable regulations, providing transparency regarding our data management.

• 11.39. Notification of Changes to Terms:

  Mushme reserves the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on this page and updating the "Last Updated" date. While we may, at our discretion, provide more prominent notice for significant changes (e.g., email notification), it remains your responsibility to review these Terms periodically. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms, ensuring you are bound by the most current version of the agreement.

• 11.40. No Expectation of Privacy in Public Areas:

  You acknowledge that any information or content you post in public areas of the Services, such as community forums, review sections, or public galleries, is not private and may be viewed by others. Mushme is not responsible for the privacy of any information that you choose to post in such public areas. You should exercise caution when disclosing personal information in public forums, as it may be collected and used by third parties. This clarifies that public contributions are not confidential and are subject to public visibility, placing the responsibility on you for what you choose to share openly.

• 11.41. Accuracy of User-Provided Information:

  You represent and warrant that all information you provide to Mushme, including during account registration, order placement, or when submitting User Content, is true, accurate, current, and complete. You agree to promptly update any information that becomes outdated or inaccurate. Mushme relies on the accuracy of the information you provide for effective service delivery, order fulfillment, and communication. Mushme shall not be liable for any issues or damages arising from inaccurate, incomplete, or outdated information provided by you, emphasizing your ongoing responsibility for data integrity.

• 11.42. Limitation on Access for Restricted Users:

  Mushme reserves the right to restrict access to its Services or specific features for users in certain geographical locations or for individuals who have previously violated these Terms or other policies. This may be due to legal restrictions, operational limitations, or security concerns. Such restrictions are at Mushme's sole discretion and may be implemented without prior notice. This ensures Mushme can maintain compliance with various regulations and protect its platform from malicious or non-compliant users, safeguarding the integrity and security of the Services for all legitimate users.

• 11.43. Intellectual Property Indemnification by User:

  You agree to indemnify and hold harmless Mushme from any claims, damages, or expenses arising from any third-party claim that your User Content or your use of the Services infringes upon or violates the intellectual property rights of any third party. This includes, but is not limited to, copyright, trademark, patent, or trade secret infringement. This clause reinforces your responsibility to ensure that any content you upload or actions you take do not violate the intellectual property of others, thereby protecting Mushme from legal liabilities stemming from your infringing activities and ensuring the integrity of our platform's content.

• 11.44. Monitoring and Enforcement:

  Mushme reserves the right, but has no obligation, to monitor your use of the Services and to review, edit, or remove any User Content at its sole discretion, without prior notice, for any reason, including if Mushme believes that your conduct or User Content violates these Terms or is otherwise objectionable. Mushme may also take any legal action necessary to enforce these Terms, including reporting violations to law enforcement authorities. This ensures Mushme can maintain the integrity of its platform and enforce its policies, protecting its users and its brand from harmful or illegal activities, while clarifying that such monitoring is discretionary.

• 11.45. User's Acknowledgment of Risk:

  You acknowledge that by using the Services, you may be exposed to User Content that is offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mushme with respect thereto. This clause highlights that Mushme cannot guarantee a completely sanitized environment due to user-generated content, and you accept this inherent risk. It limits Mushme's liability for content created by others, placing the responsibility on you to exercise discretion and providing a legal waiver for potential exposure to undesirable material.

• 11.46. Limitation on Third-Party Links:

  While Mushme may provide links to third-party websites or resources, this does not imply any endorsement by Mushme of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Mushme is not responsible for the availability or accuracy of such external sites or resources, or the content, products, or services available from them. This ensures Mushme's liability is limited to its own platform and does not extend to the vast and varied content available on the broader internet, over which we have no control, protecting us from the actions of external entities.

• 11.47. No Guarantee of Continuous Service:

  Mushme does not guarantee that the Services will be uninterrupted, timely, secure, or error-free. The operation of the Services may be subject to delays and interruptions resulting from various causes, including internet failures, equipment malfunctions, or scheduled maintenance. Mushme shall not be liable for any loss or damage arising from such interruptions or errors. This acknowledges the inherent limitations of online services and ensures that Mushme is not held liable for events beyond its reasonable control, providing a realistic expectation of service availability and protecting Mushme from claims related to temporary service disruptions.

• 11.48. Disclaimer of Warranties (Reiteration):

  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MUSHME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF INFORMATION. MUSHME DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. This reiterates the core disclaimers, emphasizing that Mushme provides its services "as is" and without guarantees of flawlessness, placing the onus on the user to understand these inherent limitations. It is a fundamental aspect of the risk allocation between Mushme and its users, ensuring that the user assumes certain operational risks associated with online platforms.

• 11.49. Limitation of Liability (Reiteration):

  IN NO EVENT SHALL MUSHME, ITS AFFILIATES, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES. This reiterates the core limitation of liability, ensuring that Mushme is protected from claims for indirect or punitive damages, focusing its liability on direct and foreseeable losses. This is a critical legal safeguard for Mushme, allowing it to operate sustainably by capping its financial exposure and ensuring that users understand the limits of compensation in the event of a dispute.

• 11.50. Indemnification (Reiteration):

  You agree to indemnify, defend, and hold harmless Mushme, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services. This reiterates your fundamental obligation to protect Mushme from legal and financial repercussions stemming from your actions or non-compliance with these Terms, ensuring that Mushme is not unfairly burdened by liabilities caused by user misconduct or breaches of the agreement, reinforcing the principle of user accountability.

Last Updated: July 3, 2025