Terms and Conditions

Last updated: March 4, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the website (the “Website”, “Site”) and (the “Service”) operated by Salish Mushrooms, LLC (“us”, “we”, “Company”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Information on this site does not constitute the practice of medicine or other healthcare services including the giving of medical advice or other healthcare services. This content is not intended to be a substitute for professional medical recommendation, diagnosis, or treatment. Information and opinions of controlled substances is not an endorsement of use given the complexity inherent in these medicines and the current widespread illegality of their usage.

INFORMATION ON THIS SITE HAS NOT BEEN WRITTEN OR REVIEWED BY EXPERTS AND THERE ARE NO GUARANTEES AS TO THE ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE OR PRESENTED AT EVENTS.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Limitation of Liability

The Service and all activities associated with it are used at your own risk. We limit our liability to the fullest extent permitted by law. We are not liable for any injuries, losses, or damages of any kind arising from or in connection with the use of our Service or participation in any activities.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Salish Mushrooms, LLC.

Salish Mushrooms, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Salish Mushrooms, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the Privacy Policy and Cookie Policy of any third-party web sites or services that you visit.

Disclaimer

You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.

You understand that gathering and eating wild mushrooms carriesrisk such as personal injury and in rare cases death. You understand that you are responsible for accurately identifying any mushroom that you intend to eat. As mushrooms categorized as edible can still cause illness or death, you assume all risks associated with eating mushrooms regardless of any claims of edibility.

The foregoing disclaimers apply to the maximum extent permitted by law.

You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States and the state of Washington, without regard to its conflict of law provisions. Any legal actions or proceedings relating to your use of the Website or our Products and Services shall be brought exclusively in the state courts located in Washington State.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

You should periodically review these Terms. Company reserves the right, at any time, to modify or replace these Terms by posting the updated terms on the Website. Any changes to the Terms will be in effect immediately after being posted. We will notify users of any changes to our Terms via email. Your continued use of the Website and/or our Products and Services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the new terms, please stop using the Service.

Legally Binding Agreement

If you do not agree to these terms, do not use this website. By using the website and agreeing to these terms, you confirm that you are at least 18 years old and that you are legally competent to enter into a contract.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “REGISTER”, “I ACCEPT” or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act (E-SIGN).

Use of Site

You are prohibited from using the “Site” for illegal purposes.

Content Disclaimer

The company and its owners, principals, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. While Salish Mushrooms, LLC strives to keep the information on the website and on the featured products and services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website.

Your use of the website is subject to any additional disclaimers and caveats that may appear throughout the website and with products and services featured by us.

Disclaimer of Warranties With Respect to Use of Website and Products and Services

The website and all products and services featured on it are provided on an “As is” and “As available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, obtained by you from the company or through the website shall create any warranty not expressly made herein.

Indemnity

You agree to defend, indemnify, and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgments, agreements, representations, warranties, and obligations herein.

Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You agree that the Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.

Dispute Resolution

Most of your concerns can be resolved quickly to your satisfaction by contacting jeremy@salishmushrooms.com. In the unlikely event that we cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. Both you and the Company agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective, or class actions or arbitrations are not permitted.

Media Release

Occasionally we will take photos when gathering mushrooms and other events. You agree to allow photos taken with your expressed or implied permission to be used in social media or blog posts. You may request removal of these photos by contacting the Company.

Digital Millennium Copyright Act

If you are a copyright owner or an agent and believe that any Material or content on this Website infringes your copyright, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In order to contact the Company regarding a complaint about the Website or Materials, please contact us at jeremy@salishmushrooms.com.

Contact Us

If you have any questions about these Terms, please contact us.