Terms of Sale

These terms of sale (the “Terms”) apply to all orders accepted by Mycelium Enterprises LLC, operator of this website and the Mycelium Enterprises retail locations (“Mycelium Enterprises”) for sale of its products and services (the “Products”), except in the case that you and Mycelium Enterprises have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Product Software”), such Product Software is licensed to you, not sold, and only in accordance with the section below entitled “Software License” and a separate product software license agreement. Each mobile software application (“Application Software”) that can be used with the Products is licensed to you, not sold, in accordance with its application software license. Terms such as “sell” and “purchase,” as used in these Terms, apply only to the extent the Products consist of items other than Product Software and Application Software.

Ordering From Mycelium Enterprises

Orders

You can browse and place orders for our Products through, www.myceliumlife.com (“Myceliumlife.com”). We will ask you for your name, phone number, e-mail address, shipping and billing address and other information so we can fulfill your order. When you place an order, Mycelium Enterprises LLC third-party payment service provider will collect your credit card details and charge your credit card account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you. Mycelium Enterprises LLC does not view or store your credit card information. We store your shipping address so we can process your order. If you are logged into your Mycelium Life account when you purchase something from Myceliumlife.com, we associate that order with your Mycelium Life account. For more information on Mycelium Life's data use practices please see Mycelium Life’s Privacy Policy.

We reserve the right to cancel orders or suspend accounts of any user who attempts to circumvent quantity limitations; uses multiple email accounts, names, identities, or addresses; or places excessive orders of the same product. Any user who places more than 3 orders within 24 hours of an initial online product release may have those orders placed in our fraud queue for review. Upon review of orders in our fraud queue, we may cancel orders that violate this policy and suspend associated user accounts.

By placing an order through Myceliumlife.com, you agree that: (i) any credit card information supplied by you is true and complete; and (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Products purchased by you are for personal or gift use and not for commercial use.

If you are unsatisfied with any Product purchased from Myceliumlife.com for any reason, you will have 30 days from the date of purchase to request a full refund. For full details on the return process, please see our Return Policy.

Mycelium Enterprises LLC warrants to the original purchaser that your Product shall be free from defects in materials and workmanship under normal use for a period of 30 days from the date of purchase. For full details on the Limited Warranty, please see our Return Policy.

You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your computers, mobile devices and/or operating systems are compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with the Products you purchased and does not otherwise constitute a basis for receiving a refund after the expiration of the 30 day refund policy identified above.

In No Event Mycelium Enterprises LLC Be Liable for Any Punitive, Exemplary, Special, Consequential or Incidental Damages (Including, Without Limitation, Loss of Revenue, Use, Profits, Data, or Goodwill) or Costs of Procuring Substitute Products, Arising Out of, Relating to, or in Connection With These Terms or the Purchase, Sale, Use, Operation or Performance of the Products, Whether Such Liability Arises From Any Claim Based Upon Contract, Warranty, Tort (Including Negligence), Product Liability or Otherwise, Whether or Not Mycelium Enterprises LLC Has Been Advised of the Possibility of Such Loss or Damage. Mycelium Enterprises LLC and You Have Agreed That These Limitations Will Survive and Apply Even if Any Limited Remedy Specified in These Terms is Found to Have Failed of Its Essential Purpose. In No Event Will Mycelium Enterprises’s Liability to You Arising Out of, Relating to, or in Connection With These Terms and Purchase of Products, From All Causes of Action and Under All Theories of Liability, Exceed the Actual Amount Paid to Mycelium Enterprises LLC by You for the Product That Gives Rise to the Claim.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Mycelium Enterprises LLC grants to you a non-exclusive, non-transferable and non-sublicensable license to use Product Software and Application Software, in executable form, solely as embedded in, or in connection with the Products, solely for your individual, non-commercial use. You may not copy or modify Product Software and Application Software. You acknowledge and agree that the Product Software and Application Software contains trade secrets and copyrighted materials of Mycelium Enterprises LLC or its licensor, and, in order to protect such trade secrets and copyrights, you agree not to disassemble, decompile or reverse engineer the Product Software or the Applications Software nor permit any third party to do so. You further acknowledge and agree that you will not copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit or broadcast the Product Software or the Application Software. Mycelium Enterprises LLC reserves all rights and licenses in and to the Product Software and the Application Software not expressly granted to you under these Terms or any software license.

The law applicable to the interpretation and construction of these Terms and any transaction (including purchases made on Myceliumlife.com) using or related to the Myceliumlife.com, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of California, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of Myceliumlife.com, including all disputes, will be governed by the laws of the United States and by the laws of the State of California.You agree that any disputes and judicial proceeding (including arbitration proceedings) will be brought in Orange County, California. Both you and Mycelium Enterprises LLC consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.You further agree that you may only resolve disputes with Mycelium Enterprises LLC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement and these Terms.

You agree that any disputes and judicial proceeding (including arbitration proceedings) will be brought in Orange County, California. Both you and Mycelium Enterprises LLC consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

You further agree that you may only resolve disputes with Mycelium Enterprises LLC on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement and these Terms.

The parties expressly disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

You may not assign or transfer these Terms, or any order accepted by Mycelium Enterprises LLC hereunder, in whole or in part, by operation of law or otherwise, without Mycelium Enterprises LLC's express prior written consent. Any attempt to do so, without Mycelium Enterprises LLC ’s consent, will be null and of no effect. Mycelium Enterprises LLC may freely assign these Terms.

Mycelium Enterprises LLC will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

The failure by Mycelium Enterprises LLC to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

These Terms constitute the complete and exclusive agreement between Mycelium Enterprises LLC and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party.

You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service; and (iv) upon receipt if sent via email. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.