M.O.M. TERMS OF USE
These Terms of Use were last updated on: November 1, 2023
These Terms of Use (“Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your” or “user”) and The Garden Inc. and its respective subsidiaries, parents and affiliates (referred to herein as “The Company,” “M.O.M.,” we,” “us,” or “our”). You may not access or use the Services (as defined herein) or accept the terms of this Agreement if you do not agree with all its provisions.
M.O.M. (Moms On Mushrooms) is an educational platform and community of moms interested in learning about the safe and intentional use of psychedelic mushrooms. Our mission is to de-stigmatize psychedelics, promote safe and sacred use, and remain in service to others. We do this by providing a private digital community, a database of information and resources, programs and courses. By accessing, browsing, using or contributing to the M.O.M. digital community, our programs and courses, as well as any other content, information, services, features or resources available on the momsonmushrooms.com website as well as any other media form, media channel, mobile application or mobile website related or connected thereto (referred to collectively as the “Services”), or by clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement, the Privacy Policy, and any additional terms and conditions and policies referenced or linked herein or that apply to specific services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent and warrant that you have the right, authority, and capacity to enter into this Agreement personally and, if applicable, on behalf of any company, entity, organization or other legal entity on whose behalf you use the Services..
Please read this Agreement carefully before using any of the Services. Certain Services may be subject to additional guidelines, terms, or rules, which may be provided to you in connection with such Services. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
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ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU AND M.O.M. TO RESOLVE ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. FOR THE AVOIDANCE OF DOUBT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST M.O.M. ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
2. Changes to Terms of Use.
M.O.M. reserves the right to update, change, or replace the terms and conditions of these Terms by posting a revised Terms of Use or mailing and/or e-mailing notice thereof to you. In addition, we may add, modify, or delete any program, course, community or feature of the Services which shall also be subject to this Agreement. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes your acceptance and agreement to be bound by the terms of the amended Terms of Use. We encourage you to review these Terms of Use periodically for changes ensure you are familiar with the current version. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on the Services.
3. Privacy.
Your access or use of the Services is also subject to our Privacy Policy, a copy of which is available here: [Link to Privacy Policy]. We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of our Services.
4. Age Requirements.
The Services are not targeted toward or intended for use by anyone under the age of 21. In order to access and use the Services, you must be at least twenty-one (21) years of age and fully able and competent to enter into this Agreement and abide by its terms. Individuals under the age of twenty-one (21) are not permitted to use the site or the Services. By accessing or using the Services, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least twenty-one (21) years of age and are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers. Any use of the Services by anyone under the age of 21 is strictly prohibited.
5. Acknowledgment of Law.
THE CULTIVATION, PRODUCTION, EXTRACTION, DISTRIBUTION, POSSESSION, OR SALE OF CERTAIN PSYCHEDELICS AND ASSISTING OTHERS OR CONSPIRING WITH OTHERS TO DO SO IS ILLEGAL UNDER FEDERAL LAW. You acknowledge and agree that psilocybin and other psychedelic operations, including without limitation the distribution, possession, processing of psilocybin is currently prohibited under state criminal laws and/or state food and drug laws in a number of U.S. States and is subject to prohibitive policies and/or restrictions in a number of other U.S. States. You access and use the Services at your own risk, and you are responsible for ensuring that your use of the Services is compliant with all applicable laws, rules, regulations, and treaties, as well as any and all privacy policies, agreements, or other obligations you may maintain or enter into with applicable third parties.
6. Safety Acknowledgment.
Using controlled substances outside of the lawful supervision of a medical professional may result in serious health complications including hospitalization, unknown lasting effects, or death. By accessing the Services you acknowledge the information provided through the Services is provided for informational and educational purposes only. In no way is any of the information contained in this Agreement or elsewhere on the Services intended to be a medical or prescriptive guide or a substitute for informed medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical condition, seek the advice and assistance of a physician or trained health professional before consuming any psychedelic. There are serious contraindications with various health conditions and pharmaceutical medications. Do not consume psychedelics if on any medications (especially SSRIs) without consulting with a doctor first.
Tracey Tee is not a licensed therapist, counselor, or medical professional, and any information she shares pertaining to psychedelics, supplements or any other health and wellness modality is not meant to treat, diagnose, or cure any health condition, disease, or mental illness.
7. Third Party Products and Services.
We may post, feature, discuss, or provide recommendations and suggestions to products and services of third parties over which we have no control (collectively, “Guidance”). Such Guidance is informational and for your convenience only. We make no representations with respect to, nor do we guarantee or endorse, the quality, accuracy, completeness or reliability of such third-party materials, programs, products, and services. You are solely responsible for making a selection of a practitioner, coach, or other product or service and determining whether he/she/they/it are suitable for you. Please conduct your acting on any Guidance. The Company shall not be liable for any loss or damage of any sort related to any Guidance. We do not provide referrals to “underground” (illegal) psychedelic services.
You expressly acknowledge and understand that we do not provide psychoactive or any controlled substances and do not employ licensed therapists, counselors, or medical professionals.
8. Account Registration, Payment, Refund, and Cancellation Policy.
Account Creation. In order to use the Services, you must (i) register for an account (“Account”) and provide certain information about yourself as prompted by the registration form. You may not create more than one Account. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times (c) you are the sole authorized user of your account (d) you will monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or account by minors. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.
Memberships and Payment Plans. If you become a GROW or GROW+ member or access other Services for which there is a recurring charge, you agree to provide and keep current your payment method and contact information so that we may continue to deliver and bill you without interruption.
We may also update your payment method using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You also authorize us to charge any payment method associated to your Account in case your primary payment method is declined or no longer available to us for payment. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid payment method.
Cancellations and Refunds. Charges paid by you for memberships, courses, or other products and Services are final and non-refundable. The Company has no obligation to provide refunds or credits, but may grant them, in each case in the Company’s sole discretion.
9. Mobile Data Fees and Usage.
The Company is not responsible for any fees or usage charges related to your access or use of the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a mobile or tablet device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular network, hardware, or devices.
10. Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
11. License; Restrictions; Ownership.
License. Subject to the terms of this Agreement, the Company grants you a non-assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Services solely for your personal use.
Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Modification. The Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.
Ownership. You acknowledge that all the intellectual property rights in the Services are owned by the Company or the Company’s licensors. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in this Agreement. You acknowledge that any suggestions, ideas, enhancement requests, Feedback and User Content (as defined below), recommendations, or other information provided by you relating to the Services are non-confidential and shall become the sole property of the Company. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by the Company. Any trademarks, logos, service marks, company or product names displayed through the Services are trademarks of the Company or third parties, and no right or license is granted to use them.
12. User Content; License; Restrictions.
User Content. By submitting content, feedback, suggestions, material, or information of any type to the Services, including without limitation, the M.O.M. Communities, Live Q & As, Community Discussions, courses, or any other portion of the Services (“User Content“), you automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license, without limitation, to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such User Content (in whole or in part) worldwide in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. You represent that such User Content does not infringe or violate the intellectual property or proprietary rights of any third party, and that you have all rights necessary to convey to the Company and enable the Company to use such User Content. You also acknowledge that such User Content is non-confidential for all purposes and that the Company has no control over the extent to which the User Content may be used by any party once it is posted or displayed. Notwithstanding this right and license, it is understood that the Company is merely a distributor (and not a publisher or creator) of such User Content. Moreover, the Company assumes no responsibility for the deletion of or failure to store any User Content, is not responsible for editing or monitoring User Content, and does not make any representation with respect to the accuracy, acceptability, completeness, or reliability of User Content posted or displayed on the Services.
Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Services. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any User Content. You are solely responsible for any User Content you provide and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third party.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights or this Agreement.
User Content – Restrictions. You agree not to use the Services, or any of the Company's social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party. the Company reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Content and the Company and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate the Company to sell, license or offer to sell or license any advertising, promotion or distribution rights.
User Content – Your Responsibilities. You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by the Services or the Company. You acknowledge and agree that We are not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not the Company), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. The Company is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.
Feedback. If you provide the Company any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in the Feedback and agree that We shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to Us as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
13. Errors, Inaccuracies and Omissions.
We undertake no obligation to update, amend or clarify information on the Services. No specified update or refresh date applied in Services should be taken to indicate that all information on the Services has been modified or updated. We are not responsible if content is not accurate, complete, or current. All of the information provided in the Services, whether historical in nature or forward-looking, speaks only as of the date the information was provided, and the Company does not undertake any obligation to update such information after it is posted or provided, or to remove such information from the Services if it is not, or is no longer, accurate or complete. Any reliance on content is at your own risk. We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Services.
14. Email Communications.
You agree that we may send you emails concerning our services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES.
15. Acceptable Use Policy.
The following sets forth the Company’s acceptable use policy (collectively, the “Acceptable Use Policy”):
Account Profile. When you create an Account, you may change or hide your name in your Account profile. Prior to posting a profile, you will need to verify the email address associated with your Account. In addition to the other restrictions contained in the Acceptable Use Policy, profiles posted on the Services must not: (a) be plagiarized; (b) sell or facilitate the sale of controlled substances, including psychedelics; (c) contain disparaging information about any person, (d) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals, (e) contain references to companies or competitors other than the company or product being described; or (f) be written exclusively in capital letters.
Images. You agree not to use the Services to post, upload, or otherwise transmit an image or video (collectively “Image”) of another person without that person’s consent. Image files must feature the products they illustrate. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section. We reserve the right to set requirements and restrictions related to Images and remove Images at any time for any reason.
Technological Restrictions. In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (e) attempt to or impersonate another user or the Company or gain unauthorized access to the Services, other computer systems, or networks connected to or used together with the Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Services; or (g) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Services.
Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or profile content), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
16. Indemnity.
You agree to defend, indemnify and hold the Company (and its subsidiaries, affiliates, officers, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Services, (ii) your User Content, (iii) your violation of this Agreement; (iv) your violation of applicable laws or regulations; or (v) your experience as a result of any Guidance. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
17. DISCLAIMERS.
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY GUIDANCE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SERVICES, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE OR THROUGH THE SERVICES FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
18. LIMITATION ON LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOR SHALL COMPANY BE LIABLE FOR ANY ACT, OMISSION, OR OUTCOME RELATED TO ANY GUIDANCE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD-PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID THE COMPANY IN THE PRIOR 6 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
19. Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement by Us, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our Services, and live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement or your Account is terminated, the following provisions of this Agreement will remain in effect: Sections 5, 7, 11, 12, 15 – 21, 23.
20. Copyright Policy.
We respect and adhere to copyright law and expect Users of the Services to do the same. If you believe that any content on the Services infringes copyright, please notify us immediately.
21. Dispute Resolution; Arbitration; Jury and Class Action Waiver; Forum Selection Clause.
Dispute Resolution. In the event of any dispute with the Company, you agree to first contact the Company to attempt in good faith to resolve the dispute. Either party may commence this negotiation by delivering written notice to the other party. All offers, promises, conduct and statements, whether oral or written, made in the course of negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
Arbitration. If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration, rather than in court. We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to this Agreement, the Services, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof. The Parties shall share the costs of the arbitration equally; however, each Party shall be responsible for its own attorneys’ fees and other costs and expenses. The arbitration will be conducted in the English language, in Denver, Colorado, by a single arbitrator jointly selected by the parties in accordance with the AAA Rules. The arbitrator shall have the power to grant legal and equitable remedies, including awarding the prevailing party its attorneys’ fees and other costs of the arbitration, but they shall not grant punitive damages. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal. The Parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury and that all rights and remedies will be determined by an arbitrator and not by a judge or jury. This Section will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.
Waiver of Class or Consolidated Actions. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Services signifies your explicit consent to this waiver. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT 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.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if it makes any future change to this Arbitration Agreement while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the email provided in the Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
California Users and Residents. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
22. Privacy.
Your access or use of the Services is also subject to our Privacy Policy [Link to Privacy Policy]. We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information from the users of the Services.
23. General.
No Support or Maintenance. You acknowledge and agree that We will have no obligation to provide you with any support or maintenance in connection with the Services.
Copyright/Trademark Information. © 2023 The Garden, Inc dba Moms on Mushrooms. All rights reserved. You acknowledge and agree that you are not permitted to use any third-party marks displayed on our site without prior written consent from the owners of such third-party marks.
Miscellaneous. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by the Company of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and the Company. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
24. HOW TO CONTACT US.
Address: The Garden, Inc, P.O. Box 100340, Denver, CO 80250, U.S.A.
Attention: Tracey Tee