LAST UPDATED: [March], 2022
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU BEGIN USING THE WEBSITE. THESE TERMS ARE LEGALLY BINDING AND YOUR USE OF THE WEBSITE SERVES AS YOUR ACCEPTANCE OF THE TERMS, INCLUDING BUT NOT LIMITED TO THE IMPORTANT DISCLAIMERS IN SECTION 2 BELOW. IF YOU DO NOT AGREE WITH ANY OF THE TERMS, YOU ARE NOT PERMITTED TO USE THE WEBSITE.
We may amend the Terms by posting the amended versions on our Website. You agree that such posting will constitute sufficient and effective notice. By continuing to use the Website after we post an amended version, you confirm your acceptance of the Terms as amended. If you do not agree with any of the changes, you must immediately stop using the Website, and your right to access and use the Website will immediately terminate.
The following disclaimers and limitations of liability shall not limit the more general disclaimers and limitations of liability in Section 11 or elsewhere in these Terms:
REMEDAY OFFERS THE WEBSITE SOLELY TO PROVIDE CONTENT FOR GENERAL INFORMATIONAL PURPOSES. NEITHER REMEDAY NOR THE WEBSITE OFFERS OR PURPORTS TO OFFER, AND THE CONTENT AVAILABLE ON THE WEBSITE DOES NOT CONSTITUTE OR PURPORT TO CONSTITUTE OR SUBSTITUTE OR PURPORT TO SUBSTITUTE FOR, PERSONAL HEALTH ADVICE, MEDICAL ADVICE OR PROFESSIONAL ADVICE OF ANY OTHER KIND.
IF YOU’RE EXPERIENCING A MEDICAL EMERGENCY, CALL YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY, OR VISIT THE NEAREST EMERGENCY ROOM OR URGENT CARE CENTER.
YOU SHOULD CONSULT YOUR QUALIFIED HEALTHCARE PROVIDER BEFORE STARTING ANY NUTRITION, DIET, EXERCISE, FITNESS, MEDICAL, OR WELLNESS PROGRAM AND REGARDING ANY QUESTIONS YOU HAVE RELATING TO ANY MEDICAL CONDITION, PROCEDURE, OR TREATMENT, WHETHER IT IS A PRESCRIPTION MEDICATION, OVER-THE-COUNTER DRUG, VITAMIN, SUPPLEMENT, OR HERBAL ALTERNATIVE.
WE DO NOT ENDORSE OR WARRANT THE EFFICACY OR SAFETY OF ANY SUBSTANCES, PRODUCTS OR TREATMENTS DESCRIBED ON THE WEBSITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION AVAILABLE ON THE WEBSITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. WE MAY UPDATE THE CONTENT ON THIS WEBSITE FROM TIME TO TIME, BUT ITS CONTENT IS NOT NECESSARILY COMPLETE OR UP-TO-DATE. ANY OF THE MATERIAL ON THE WEBSITE MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE SUCH MATERIAL.
TO THE EXTENT THE WEBSITE INCLUDES CONTENT REGARDING ANY SUBSTANCES THAT ARE OR MAY BE REGULATED OR PROHIBITED BY FEDERAL, STATE OR OTHER LAWS, SUCH CONTENT IS OFFERED FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND DOES NOT CONSTITUTE ANY ENDORSEMENT OF SUCH SUBSTANCES OR CONFIRMATION OF SUCH SUBSTANCES’ LEGALITY UNDER ANY LAWS APPLICABLE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY ACTIVITIES YOU ENGAGE IN COMPLY WITH ANY LAWS APPLICABLE TO YOU.
The Website is provided at our sole discretion, subject to your full compliance with these Terms, and is intended solely for your personal, non-commercial use. We reserve the right to withdraw or amend our Website, and any functionality, service, or material we provide on the Website, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
All rights, title, and interest in the Website and all text, displays, images, graphics, trademarks, logos, designs, names, representations, likenesses, audio, video, information, data, content, and other material displayed on, or downloadable from, the Website (collectively, “Protected Material”) are and will remain the property of Remeday or its licensors (including Retailers). Except for the limited right to access and use the Website granted below, neither these Terms nor your use of the Website convey or grant to you any rights in or related to the Protected Material.
Subject to your acceptance of and continued compliance with the Terms, we grant you a limited, non-transferable, non-exclusive right to access and use the Website for your own personal, non-commercial use. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Website or any component of it, except as expressly authorized by us. Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission or publication of any Protected Material is strictly prohibited without the express written consent of the owner of the Protected Material. All rights not expressly granted herein are reserved by Remeday.
Our goal is to create a respectful, positive, and safe environment for our Website users. In order to promote this goal, we prohibit certain kinds of conduct with respect to the Website. We reserve the right to determine whether a user’s conduct violates these Terms, and to take action as we deem appropriate, which may include suspending access to the Website.
Without limiting the foregoing, you agree that you will: not use the Website in any way that violates these Terms or any applicable federal, state, local or international law or regulation; not use or attempt to use or impact or attempt to impact the Website in any manner that could damage, disable, overburden, interfere with the proper working of, or impair the Website (or any websites or systems connected to or supporting the Website) or interfere with any other person’s use or enjoyment of the Website; not use any automated or manual process, device, or technique to monitor or copy any Protected Material; not use the Website to transmit or otherwise facilitate any false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, junk, spamming, abusive, illegal, or otherwise objectionable communications; not use the Website to engage in any impersonation of any person; not use the Website in any manner that violates, infringes, or misappropriates any party’s intellectual property, privacy, publicity, or other legal rights; and not otherwise use the Website to disseminate any content or communications, or engage in any actions, that subject or potentially subject us or any other person to any harm.
The Website may contain links to other sites and resources provided by third parties. We provide these links for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The Website may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:
- Cure Mushrooms
- Mushroom Revival
- Amazon Associates
You may link to our homepage, or to specific articles hosted on our Website, provided you do so in a way that is fair and legal, includes clear and conspicuous attribution to Remeday, and does not damage our reputation or take advantage of it. In addition to the foregoing limitations, you will not (i) establish a link from any website that is not owned by you or that promotes, facilitates or encourages unlawful or dangerous activities, (ii) establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent; (iii) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (iv) link to any part of the Website other than the homepage or a specific article, (v) place, or use any software to place, any complete article from our Website on any other website, unless you have contacted us first, received written permission from us to place the entire article online, and include clear and conspicuous attribution to Remeday in your placement, or (vi) otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.
To the extent that any content generated through your use of the Website (“User-Generated Content” or “UGC”) gives rise to any copyright or other property right, you hereby grant Remeday an exclusive, perpetual, irrevocable, fully transferable and sub-licensable, worldwide right and license to use your UGC in any way and for any purpose in connection with the Website and related goods and services, and to distribute your UGC without any further notice or compensation to you of any kind for the whole duration of protection granted to such intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to our and other users’ use and enjoyment of your UGC in connection with the Website and related goods and services under applicable law. The foregoing license grant to Remeday, and the above waiver of any applicable moral rights, survives any termination of these Terms.
Remeday is based in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
IN ADDITION TO AND WITHOUT LIMITING THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE UNDER SECTION 2 (IMPORTANT DISCLAIMERS):
YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE WEBSITE WILL BE OF A CERTAIN QUALITY OR SUITABILITY, OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
REMEDAY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE WEBSITE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND OUR EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH US IS TO STOP USING THE WEBSITE.
TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM REQUIRED UNDER SUCH APPLICABLE LAW.
You agree to indemnify, defend, save, and hold Remeday, its affiliated companies, owners, shareholders, members, officers, directors, contractors, employees, agents, licensors, and Retailers (each, a “Remeday Entity”) harmless from and against any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use of the Website; (ii) your breach of these Terms; or (iii) your UGC. You are solely responsible for defending any claim against a Remeday Entity, subject to such Remeday Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all claims against a Remeday Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Remeday Entity without its prior express written consent. If we assume the defense of any claim, you agree to cooperate with our defense of such claims.
We reserve the right to condition a user’s right to access and use the Website on that user’s compliance with these Terms. We also reserve the right to terminate a user’s right to access and use the Website, at any time, at our sole discretion. You may terminate these Terms by discontinuing your use of the Website. Notwithstanding such a termination, Sections 2, 4, 9, 11, 12 and 15-21 of the Terms will remain in force, and you will continue to be liable for all your activities during the time you used the Website.
Access to and use of the Website is subject to our Privacy Notice. By using the Website, you confirm that you do not object to the practices described in our Privacy Notice.
You and Remeday agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of applicable law.
You and Remeday agree that these Terms and any dispute of any nature that might arise between you and Remeday will be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its conflict or choice of laws principles, and that any action relating to any such dispute will be filed, and venue properly lie, only in the state or federal courts located in the State of New Hampshire, and you and Remeday expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.
We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign any of the rights or obligations you have under these Terms without our prior written approval. Any such assignment without our prior written approval is ineffective and in violation of these Terms.
These Terms, including any additional policies referenced in the Terms, are the entire agreement between you and Remeday. They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.
Our failure to enforce any right or provision in these Terms will not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.
All notices given by you or required from you under these Terms must be in writing and addressed to us at the address set forth below in the Contact Information section, below. Any notices that you provide without compliance with this subsection will have no legal effect.
If you have questions, complaints, or claims with respect to the Terms, please direct such communications to: firstname.lastname@example.org.