terms of service
Site Usage Terms and Conditions
Welcome to the fatmoonmushrooms.com (the “Site”). Fat Moon Farm Online (“Fat Moon Farm Online”) provides the content and services available on the Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
License and Site Access
Fat Moon Farm Online grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Fat Moon Farm Online. This license does not include any resale or commercial use of this site or its contents, including text, graphics, logos or button icons; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fat Moon Farm Online.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of fatmoonmushrooms.com and our affiliates without express written consent for the purpose of passing it off as your own. You may not use any meta tags or any other “hidden text” utilizing Fat Moon Farm Online’s name or logos without the express written consent of Fat Moon Farm Online. Any unauthorized use terminates the permission or license granted by Fat Moon Farm Online.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of fatmoon.com so long as the link does not portray fatmoon.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Fat Moon Farm Online logo or other proprietary graphic or trademark as part of the link without express written permission.
Privacy
Please review our Privacy Policy so that you may understand our privacy practices.
Products and Services
The products and services available on the Site are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Account Registration
This Site is intended for people 18 and older. If you do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in Fat Moon Farm Online’s best interests to do so.
Electronic Communications
When you visit fatmoonmushrooms.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. 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.
Submissions
Any reviews, inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes.
We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other
works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and
marketing products. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
User Content
When you transmit, upload, post, e-mail or otherwise make available text, graphics, images, or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under the preceeding section. You agree not to transmit, upload, post, e-mail or otherwise make available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; or (c) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass, entrap or harm any third party; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users. We do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fat Moon Farm or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Third Party Links
In an attempt to provide increased value to our visitors, Fat Moon Farm may link to sites operated by third parties. However, even if the third party is affiliated with Fat Moon Farm, Fat Moon Farm has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fat Moon Farm. We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. These linked sites are only for your convenience and your linking to or from any off-website pages or other websites is at your own risk. Nonetheless, Fat Moon Farm seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Participation Disclaimer
Fat Moon Farm does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fat Moon Farm is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fat Moon Farm reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fat Moon Farm in its sole discretion.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fat Moon Farm. The collective work includes works that are licensed to Fat Moon Farm Copyright 2021, Fat Moon Farm ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fat Moon Farm or purchasing Fat Moon Farm products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fat Moon Farm or to purchase Fat Moon Farm products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fat Moon Farm. The compilation of all content on this site is the exclusive property of fatmoonfarm.com or used with the permission of said parties and protected by U.S. and international copyright laws.
Trademarks
All trademarks, service marks and trade names of Fat Moon Farm used in the site are trademarks or registered trademarks of Fat Moon Farm
Risk of Loss
All items purchased from Fat Moon Farm Online are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Fat Moon Farm Online will not take responsibility for lost or stolen packages. For more information Shipping Policy
Product Descriptions
Fat Moon Farm Online and its affiliates attempt to be as accurate as possible. However, Fat Moon Farm Online does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Fat Moon Farm Online itself is not as described, with the exception of Fat Moon Farm Mushroom Grow Kit(s), your sole remedy is to return it in unused condition.
Typographical Errors
In the event that a Fat Moon Farm product is mistakenly listed at an incorrect price, Fat Moon Farm reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fat Moon Farm reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fat Moon Farm shall issue a credit to your credit card account in the amount of the incorrect price.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fat Moon Farm disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fat Moon Farm does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fat Moon Farm does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Fat Moon Farm shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fat Moon Farm has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Term Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fat Moon Farm without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Indemnification
You agree to indemnify, defend, and hold harmless Fat Moon Farm, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.