Terms and Conditions

Evolve Fungi

Terms & Conditions

Welcome to EvolveFungi.com (“Website”), the official website of Evolve Fungi (hereafter referred to as “EvolveFungi “our”). Use of the Website is subject to the following terms and conditions, as amended from time to time (the “Terms”), which govern the use of and interaction with the Website and its respective services (the “Service” or “Services”) by all users. These Terms are to be read together with our Privacy Policy and any supplemental terms, conditions or disclaimers provided in the pages of the Website.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND/OR ANY SERVICE. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS BY VISITING OR USING THE WEBSITE AND SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE OR ANY OF ITS SERVICES.

  1. Use of Products and Services

At Evolve Fungi, our mushroom supplements are intended solely as collectable, adult, novelty souvenirs. If we are concerned that any customer will be using, eating, swallowing, planting, germinating, or harvesting our products in a country where this is illegal, we have the right to refuse sale. Our products are sold with the condition that they not be used in any way that interferes with or directly goes against laws established in the country, city or region where the purchaser resides.

  1. Age of Majority

The Website is intended for your use only if you are 21 years of age or older. If you do not fall within this category, you may be in breach of laws or regulations applicable in your province or country of residence or access, and you should leave the Website immediately.

You may restrict access to this Website using content filtering software or by changing your computer settings (e.g. browser or operating system), as appropriate.

  1. Updates

Evolve Fungi reserves the right to modify these Terms at any time, at its sole discretion. If Evolve Fungi decides to change these Terms, Evolve Fungi will post those changes here. We will also update the “Last Updated Date” at the top of these Terms. We encourage you to visit this section of the Website regularly in order to remain informed of any changes. We are not liable to you or any third party in any respect arising from any changes or interruptions to the Website or Services.

If you do not agree to any changes that have been made, you must immediately stop using the Website and all Services.

  1. Conditions of Use

Our Website and any of our Services are offered solely for your own personal, informational, or non-commercial use. By accessing the Website or any Service, you agree to only use the Website and Services for legitimate purposes in compliance with these Terms and all applicable laws and regulations.

You represent and warrant that all information provided to us in relation to our Online Services is true and accurate. You acknowledge and agree that content posted by you will be publicly attributable to you. You further acknowledge and agree that once you post content, it may not be possible to delete the content.

The Website may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of linked content, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings. We may or may not actively monitor postings on public forums. Similarly, we may or may not exercise editorial control over postings on any public forum.

We may assign these Terms to anyone for any reason in our sole discretion without notice. You may not assign these Terms without our prior written consent.

  1. Prohibited Use

In addition to the requirements set forth in other sections of these Terms, you agree not to access and/or use the Website or Services for any purpose not expressly authorized by these Terms and/or transmit or upload to the Website or any Service content that in any form or respect:

  1. contravenes or violates any applicable laws or regulations, including, without limitation, criminal, intellectual property, privacy, competition, securities and other laws and regulations;

  2. constitutes an advertisement or solicitation of business of any kind, including but not limited to, spam, chain letters, and pyramid schemes;

  3. contains or constitutes software, computer programs, or routines of any kind, including but not limited to, viruses, bots, worms, spiders or offline readers;

  4. enables hacking or permits any automated device, program, tool (including but not limited to robot, bot, spider, deep-link, other data-mining or harvesting processes) or any manual process that in any way would facilitate access, or allow the acquisition, copying, or monitoring of any portion of the Website, including all data and networks, without the prior express written consent of Evolve Fungi;

  5. collects information about others, including but not limited to, users’ e-mails, passwords or other account information;

  6. copies or distributes any part of the Website or Services in any medium without Evolve Fungi’s prior written authorization;

  7. reverse engineers or decompiles the software comprising or included in the Website;

  8. attempts to gain access to unauthorized content, including content that has not yet been made available to the public;

  9. modifies, reverse-engineers, disassembles, decompiles or stores any content, data or any portion of the Website, for any reason, including for the purpose of competing with Evolve Fungi and its affiliates, or distributing content for commercial use;

  10. collects or harvests any personal information from the Website or a Related Service, nor will you use communication systems provided by the Website and Service for any commercial solicitation purposes; and/or

  11. solicits, for commercial purposes, any users of the Website and Service.

Notwithstanding this section, Evolve Fungi grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases.

  1. Privacy

We encourage you to read our Privacy Policy. It explains how we collect, use and disclose and otherwise manage your personal information when you visit and use our Website and Services. If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.

  1. Links

Our Website may contain links to third-party websites or resources. You acknowledge and agree that Evolve Fungi is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Third-party websites or resources can include, but are not limited to, advertisements, promotional offers or applications included in or made available on the Website. These third-party websites and resources are not owned or controlled by us. You understand and agree that Evolve Fungi does not review, endorse, approve or control the content, products or services on or available from third-party websites or resources, and is not responsible or liable for the behaviour, availability, features or content of any third-party website or resource or for any losses or damages arising out of your interaction with any third party. Your use of these third-party websites and resources is at your own risk and subject to separate terms of use.

Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.

  1. Copyright and Intellectual Property

All information, content and materials made available by Evolve Fungi through the Website or Service, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings, as well as any copyrights, trademarks, service marks, logos, patents, trade names or other intellectual property or proprietary rights comprising the Website and Services, or any component or element of the Website and Service (collectively, the “Content”) is the exclusive property of Evolve Fungi and its licensors and is protected by U.S. and international copyright law.

Evolve Fungi and its licensors retain all rights in the Content of this Website. The Content is provided to you AS IS, without any representation or warranty, whether express or implied, for your informational, personal, non-commercial use and may not be modified, copied, distributed, downloaded, displayed, emailed, transmitted, sold, licensed, performed or otherwise exploited in any form or by any means, for any purpose whatsoever, in whole or in part, without the prior written consent of the respective owner thereof.

You agree to not engage in the use, copying, distribution, transmission or modification of any of the Content for any commercial purpose. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the Website, Services or any of their related security features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Services or the Content therein.

9. Liability for Incorrect Payments

When you/the customer choose to pay via cryptocurrency / Bitcoin (BTC) and accidentally send your payment to the wrong address due to not copying our Bitcoin Address correctly, no refunds will be made. Any mistake on the sender’s or customer’s side is completely their liability and responsibility.

10. Disclaimers

IF YOU RESIDE IN A JURISDICTION WHERE THIS SECTION OR PARTS HEREOF MAY NOT BE VALID BY VIRTUE OF LOCAL CONSUMER PROTECTION OR OTHER LAWS THEN PARTS OF ALL OF THIS SECTION MAY NOT APPLY TO YOU AND YOU MAINTAIN YOUR RECOURSES PROVIDED BY LAW. PLEASE READ THIS ENTIRE SECTION CAREFULLY.

CERTAIN FEDERAL OR PROVINCIAL/TERRITORIAL LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, YOU WILL HAVE THOSE MINIMUM RIGHTS AVAILABLE TO YOU UNDER THAT CONSUMER PROTECTION LAW AND THE FOLLOWING PROVISIONS IN THIS SECTION WILL NOT APPLY TO YOU.

YOU AGREE THAT ALL CONTENT ON THIS WEBSITE AND ANY RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL USE OF THIS WEBSITE AND SERVICE IS AT YOUR OWN RISK. EVOLVE FUNGI DOES NOT GUARANTEE THE ACCURACY OF ITS CONTENT AND YOU AGREE TO ACCEPT ANY RISKS ASSOCIATED WITH THE USE OF THIS SERVICE ON AN ONLINE PLATFORM, INCLUDING, BUT NOT LIMITED TO, EXPOSURE TO VIRUSES, DAMAGING OR DISABLING CODE. EVOLVE FUNGI DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES, CONDITIONS AND LIABILITIES OF MINDLIFETHERAPY, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MINDLIFETHERAPY DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE AND ANY RELATED SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE WEBSITE, SERVICE OR THE SERVER THAT THE WEBSITE AND SERVICE ARE AVAILABLE ON ARE ERROR-FREE, INCLUDING DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE WEBSITE, SERVICE AND ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE OR SERVICE IS SOLELY AT YOUR OWN RISK.

11. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY RELATED SERVICE REMAINS WITH YOU.

You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and, subject to applicable laws, continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of the contract, the failure of any exclusive remedy or termination of these Terms.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EVOLVE FUNGI AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE WEBSITE, SERVICE OR ANY CONTENT THEREIN (COLLECTIVELY, THE “INVOLVED PARTIES”) DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VICARIOUS LIABILITY OR OTHERWISE. THE INVOLVED PARTIES DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR IN CONNECTION WITH: (A) ANY USE OF, OR INABILITY TO USE THE WEBSITE, THE SERVICE, CONTENT OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE; OR (B) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICE, CONTENT, THE MEMBER SUBMISSIONS, THIRD PARTY SOFTWARE, THIRD-PARTY PLATFORMS OR OTHER MATERIALS IN OR ASSOCIATED WITH THE WEBSITE AND SERVICE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE INVOLVED PARTIES HAVE BEEN ADVISED OF, OR COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

12. Health and Medical Disclaimer

All health or medical related content found on this Website is offered strictly for informational and educational purposes only and is not intended to cure, treat, or diagnosis any condition or disease. The content, information or Services on this Website are not intended, implied or construed to be a substitute for medical advice, diagnosis or treatment, nor should it in any way be used as a replacement for professional medical care, counseling or other professional services.

This Website does not offer or give medical advice or provide medical or diagnostic services and Evolve Fungi does not represent themselves as licensed professionals. No decision, action or inaction should be taken by you or anyone else based solely upon the information found within this Website, or any other linked site, without seeking the professional advice of a doctor or other licensed health or medical professional.

Never disregard professional medical advice or delay seeking any necessary medical treatment based upon the information provided on this or any other website.

This Website makes no representation and assumes no responsibility for the accuracy of information contained on or available through this Website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Website with other sources, and review all information regarding any health or medical condition, concern, diagnosis or treatment with your primary care physician, or another licensed or appropriately credentialed health care worker or medical professional.

This Website does not recommend, endorse or make any representation about the accuracy, reliability, efficacy, appropriateness or suitability of any products, procedures, treatments, remedies, Services, opinions, advice, health care providers, or any other information that may be contained on or available through this web site.

Use of any of the content, information or Services contained in this website is at the sole choice and risk of the reader or participant.

By using, accessing or viewing this Website, you agree that Evolve Fungi will not be held responsible or liable for any course of action, treatment, diagnosis or resulting consequence of using the information provided on or through this Website, or by a third party website or affiliate website. Evolve Fungi will not be held responsible or liable for any subsequent results or damages of any kind that result from the use or misuse of the information provided on or through this Website, or any third party or affiliate sites, including any decisions made, or actions or inactions based upon content or reliance of the information found on this or any other linked site.

13. Indemnification

You shall release, defend, indemnify, and hold Evolve Fungi and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Website or Services; or (ii) your violation of these Terms.overning Law

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by Evolve Fungi to resolve any legal matter arising from the Terms and Conditions or related to your use of the Evolve Fungi

Website. If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and Conditions and the remaining terms and conditions will continue to be valid in full force and effect.

  1. Termination of Website and/or Service

Evolve Fungi may discontinue at any time, without notice, the Website, Service, Content, materials, products and/or other services described on the Website or the availability thereof. Evolve Fungi also reserves the right, in its sole discretion, to terminate these Terms and your access to all or part of the Website and/or Service with or without notice to you.

  1. Entire Agreement; Conclusion

These Terms, the Privacy Policy, and any other terms or conditions expressly referred to therein, constitute the entire agreement between you and Evolve Fungi regarding your use of the Website, Service and any other subject matter herein. If any portion of these Terms is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these Terms.

We may, from time to time, offer you the opportunity to participate in or use other special services, events, contests, and so forth, both on and off the Website. By participating in any such special service, you agree to any and all special terms set forth in connection with any such service, in addition to these Terms.

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