Agreement and Acceptance
THE SERVICE IS NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 18 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY TRUE REISHI. By registering for, or otherwise using, the Site, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Site by True Reishi.
Use of the Site
True Reishi grants you permission to use the Site and to download Content (as defined in the “Ownership” section below) for your personal non-commercial use only, provided that you retain all proprietary rights notices originally included on the Content.
Except as allowed by the Terms or with written permission from True Reishi, you may not distribute, transmit, copy, reproduce, publish, reuse, display, modify, create derivative works from, license, transfer, sell or otherwise make use of Content from the Site.
All content on the Site, including, but not limited to, all visual interfaces, text, graphics, design, software, computer code (including source code or object) and other files (collectively, “Content”) are property of True Reishi or its subsidiaries, affiliated companies, or third-party licensors and are protected by and subject to United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectually property and proprietary rights, and
applicable laws. All trademarks, logos, service marks, and trade dress included on the Site are owned by True Reishi or others. Any use of this Content without written permission is strictly prohibited.
True Reishi reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any Content from the Site, at any time without notice to you, and without liability to you.
Nothing contained in these Terms, nor your use of the Content, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. True Reishi reserves all rights not expressly granted in these Terms.
No Medical Advice; Disclaimer
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE.
The information contained in, or otherwise provided to you via, this Site is provided for informational purposes only. True Reishi makes no warranties or guarantees as to the accuracy or completeness of such information. The information should not be used in place of a visit with, call to, consultation or advice from your physician or other health care provider.
True Reishi does not recommend self-management of health problems nor does it endorse any particular type of medical treatment. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your physician or other health care provider. You should not conclude by virtue of the dietary supplement information provided on or through this Site or something you have read on this Site that you do not need to consult a health care professional nor should you rely on such information when determining how to address an ailment or other health condition.
Never disregard medical advice or delay in seeking medical advice or treatment as a result of something you read on this Site, or as a result of the dietary supplement information provided on or through this Site. This information is not a substitute for professional medical advice and nothing contained on this Site is intended to be instructional or constitute medical diagnosis or treatment.
Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
BY USING THE SITE YOU AGREE NOT TO:
a. use the Site for any purposes other than to access information and products offered by True Reishi;
b. rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Content or any licenses granted herein;
c. impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
d. delete the copyright or other proprietary rights on the Site;
e. use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
f. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
g. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
h. intentionally interfere with or damage operation of the Site or any other user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Fees and Payments
a. Payments. You agree to pay to True Reishi or its designated payment processor all applicable fees for the purchase of products or services made available on the Site, including, but not limited to, any fees charges levied by domestic or foreign governments (“Fees”). All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for
the payment of any such taxes that may be imposed on your purchase of products or services through the Site. True Reishi may from time to time, and in its sole discretion, modify the prices charged for products or services made available on the Site.
b. Payment Processing Authorization. Upon presentation of credit card information, you hereby warrant to True Reishi or its designated payment processor that you are the cardholder and that the billing information provided is accurate. If you are purchasing on behalf of a company, by using a corporate credit card or billing instrument, you affirm that you are authorized to use the corporate
card or billing instrument for such purposes. By approving the purchase of the product or service, you authorize True Reishi or its designated payment processor to charge the designated credit card for the total amount of the purchase. If you choose to pay by credit card, True Reishi or its designated payment processor may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your Fees. These
pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
a. Order Processing. True Reishi may use certain third-party service providers in order to process and fulfill orders for products and services from the Site. Although True Reishi makes an effort to ship your order in a timely manner, shipments may be delayed, such as due to changes in supply or fulfillment issues with third-party providers. You agree that True Reishi may withhold shipment of an
order until we receive all information and full payment.
b. Order Policies. All orders are subject to the True Reishi Order Policies , which may be updated from time to time in True Reishi’s sole discretion. Please review the Order Policies prior to submitting any order for products or services from the Site.
Changes to the Terms
True Reishi may, from time to time, revise these Terms. Any such changes will be reflected directly on this page. The date of the most recent update appears at the top of this page. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective upon the earlier of (i) your use of the Site with actual knowledge of such modified terms or (ii) thirty (30) days after they are initially posted on the Site; provided however, that any dispute that arises under these Terms shall be resolved according to the version of the Terms that were in place at the time the dispute arose.
Third-Party Sites, Products, Links and Services
The Site may include links or references to other external web sites or services solely as a convenience to you (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom True Reishi has no control. True Reishi does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH
REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
a. By True Reishi. You agree that True Reishi, in its sole discretion, for any or no reason, and without penalty, may discontinue the Site or terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any discontinuation of the Site or any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that True
Reishi will not be liable to you or any third party for any such discontinuation or termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies True Reishi may have at law or in equity.
Disclaimer of Warranties
THE SITE AND CONTENT MAY CONTAIN TECHNICAL INACCURACIES AND/OR
TYPOGRAPHICAL ERRORS. THE SITE AND CONTENT ARE PROVIDED TO YOU ON
AN "AS IS" BASIS. TRUE REISHI DISCLAIMS ANY AND ALL WARRANTIES EXPRESSED, STATUTORY OR IMPLIED WITH RESPECT TO THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM TRUE REISHI OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT, AS USED IN THIS SECTION, THE TERM TRUE REISHI INCLUDES TRUE REISHI’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
Limitation of Liability and Damages
a. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TRUE REISHI OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST
REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH TRUE REISHI, EVEN IF TRUE REISHI OR A TRUE REISHI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TRUE REISHI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
b. Limitation of Damages. IN NO EVENT WILL TRUE REISHI’S OR ITS AFFILIATES’,
CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH THE TRANSACTION GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
c. Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN TRUE REISHI AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.
d. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT TRUE REISHI HAS
OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND TRUE REISHI, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TRUE REISHI. TRUE REISHI WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
e. Limitations by Applicable Law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
You agree to indemnify, defend, and hold harmless True Reishi, its members, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use or misuse of the Site, any violation these Terms, or any breach of the representations, warranties, and covenants made by you herein. True
Reishi reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify True Reishi, and you agree to cooperate with True Reishi’s defense of these claims. True Reishi will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS. THESE STATEMENTS RELATE TO FUTURE EVENTS OR THE FUTURE PERFORMANCE OF True Reishi. True Reishi HAS ATTEMPTED TO IDENTIFY THESE STATEMENTS BY TERMINOLOGY INCLUDING "ANTICIPATE," "BELIEVE," "CAN," "CONTINUE," "COULD," "ESTIMATE," "EXPECT," "INTEND," "MAY," "PLAN," "POTENTIAL," "PREDICT," "SHOULD," OR "WILL" OR THE NEGATIVE OF SUCH TERMINOLOGY OR OTHER COMPARABLE TERMINOLOGY.
Specifically, statements concerning clinical trial timelines and expectations regarding clinical trial design are forward-looking statements. THESE STATEMENTS ARE ONLY PREDICTIONS AND INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES, AND OTHER FACTORS. THE INFORMATION IN SUCH DISCUSSIONS COVERS CERTAIN RISKS, UNCERTAINTIES, AND POSSIBLE INACCURATE ASSUMPTIONS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THE EXPECTED AND HISTORICAL RESULTS. Undue reliance
should not be placed on forward-looking statements, which speak only as of the date they are made.
True Reishi undertakes no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date they were made, or to reflect the occurrence of unanticipated events.
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws principles. You agree that any action, at law or in equity, arising out of or relating to these Terms or the Site will be filed only in the state or federal courts in and for San Francisco County, California, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
a. Notice. True Reishi may provide you with notices, including those regarding changes to the Terms, by email or by postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless True Reishi is notified that the email address is invalid. Notice posted on the Site is deemed given 30 days following the initial posting.
b. Waiver. The failure of True Reishi to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by True Reishi.
e. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
d. Disclosures. The Site is hosted in the United States, and the services provided hereunder are offered by Center Sage, LLC, d/b/a True Reishi: 70 Zoe Street, Suite 200, San Francisco, CA 94107; email@example.com