Terms & Privacy
Effective Date: 10/1/2020
Collection and Use of Personal Information
We collect personal information from you to provide an efficient, meaningful and customized experience for you on Site.
We may collect the following personal information from you:
- Contact Information such as name, email address, mailing address and phone number
- Billing Information such as credit card number and billing address
- Unique Identifiers such as username, account number and password
- Preferences Information such as product wish lists, order history, marketing preferences, and reminder and notification preferences
- Survey and/or review responses such as product and/or experience reviews
Similar to most websites, we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages and operating system. We may log this information for system administration, order verification, internal marketing and system troubleshooting purposes.
We use this information to:
- Send you an order confirmation
- Fulfill your order
- Administer, update, or review your account
- Send you requested product or service information
- Send product updates or warranty information
- Respond to customer service requests
- Recommend products you may be interested in purchasing
- Send you a newsletter
- Send you marketing communications
- Respond to your questions and concerns
- Improve our Site and marketing efforts
- Conduct research and analysis
- Display content based upon your interests
To review and update your personal information to ensure it is accurate, contact us at: firstname.lastname@example.org.
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties, and we do not authorize the collection of our members' or visitors' personally identifiable information by any third parties for the third parties' use. We may provide your personal information to companies that provide services to help us with our business activities such as charging your order, shipping your order, or offering customer service. These companies are authorized to use your personal information only as necessary to provide these services to us as they help you.
We may also disclose your personal information:
- As required by law such as to comply with a subpoena or similar legal process;
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request; or
- To any other third party with your prior consent to do so.
We may share non-personal information (such as the number of daily visitors to a particular web page or the size of an order placed on a certain date) with third parties such as advertising partners. This information does not directly personally identify you or any user.
Third Party Websites
Social Networking Sites
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included at the footer of all emails or by contacting us at email@example.com.
You may change any of your personal information in your account by editing your profile within your account or by sending an e-mail to us at the e-mail address set forth above. You may request deletion of your personal information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information for fraud or similar purposes.
Cookies & Tracking Technologies
Targeted Advertising (also known as online behavioral advertising) uses information collected on an individual's web browsing behavior such as the pages they have visited or the searches they have made. Third parties collect this information by placing or accessing cookies in your browser when you visit this, or other, websites. If you would like to learn more about the third party advertisers that may be aware of the fact that you visit this website, and to understand your choices about having such advertisers' cookies turned off, please visit www.networkadvertising.org.
Third-Party Payment Processing
Online payments made through our Site are handled by our third-party payment services provider. We do not process, record, or maintain your credit card or bank account information. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments and dealing with complaints and queries relating to such payments and refunds. If you have any questions about payments or would like to dispute a charge, you can contact us at firstname.lastname@example.org.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at email@example.com.
Mushroom Design, LLC is not an entity that is covered by HIPAA. The HIPAA privacy rules apply to health plans, health care clearinghouses, and to any health care provider who transmits health information in electronic form in connection with transactions for which the Secretary of HHS has adopted standards under HIPAA (the “covered entities”) and their service providers (“business associates”). This means that the information that you provide to us is not protected by the HIPAA privacy rules and regulations.
We do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us immediately at firstname.lastname@example.org.
California Consumer Privacy Act
If you reside in California, you or your authorized agent may request that we take the following actions in relation to your personal data:
- Disclose to you the categories of personal data we have collected, used or disclosed within the last 12 months, including personal data(if any) that we disclosed to third parties for direct marketing purposes.
- Delete your personal data.
- Transfer to you a paper or electronic machine-readable copy of specific pieces of your personal data we have collected or used within the last 12 months.
To submit a request, California residents, or their authorized agents, can click here, write to us at email@example.com or call 1-888-525-0059. Mushroom Design will not discriminate against you based upon your exercise of any of these rights.
We will request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.
Notification of Privacy Statement Changes
Terms & Conditions
Effective Date: 10/1/2020
Please read the terms of this Agreement (the “Agreement”) carefully. By accessing or using this website or any other websites of Mushroom Design, LLC (“us” or “we” or “our” herein), its affiliates, or agents with links to this agreement (collectively, the “Site”) in any way, including using the services and resources available or enabled via the Site (each a “Service” collectively, or the “Services”) by completely the registration process, making a purchase, and/or merely browsing the site, you represent that: (1) you have read, understand, and agree to be bound by this agreement, (2) you are of legal age to form a binding contract with the company, (3) you have the authority to enter into the agreement. If you do not agree to be bound by the agreement, you may not access the Site or use the Services.
If you subscribe to the services for a term (the “initial term”), then the initial term will be automatically renewed for additional periods of the same duration as the initial term at the company’s then-current fee for such services unless you cancel your subscription in accordance with the terms set forth herein. You may cancel your subscription at any time.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Your use of, and participation in, certain Services may be subject to additional terms ("Supplemental Terms"), such as the Loyalty Program Terms and Conditions, and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. The Supplemental Terms shall be governed by the terms of this Agreement. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service.
It is your responsibility to review this agreement periodically. We may revise this agreement at any time without notice to you. If you do not agree to these terms and conditions, do not use this site or the services.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at the Site. If we make any material changes, and you have registered to use the Services, we will also send an email to you at the last email address you provided to us via account information or order information. Any changes to the Agreement will be effective immediately for new users of the Site or Services and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site and/or the Services. Otherwise, your continued use of the Site and/or Services constitutes your acceptance of such change(s).
Please regularly check the site to view the then-current agreement.
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute and transmit the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use.
To create an account and/or make purchases through the Site, you will be asked to submit certain information, which may include your name and/or a username, email address, and password. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.
In order to access certain features of the Services, you may be required to link your account with a social networking site or other third party account, such as Facebook, Instagram, or other Social Networking Site ("SNS" and each such account, a "Third-Party Account") by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without requiring us to pay any fees or subjecting us to any usage limitations imposed by such third-party service providers.
By granting us access to any Third-Party Accounts, we may access, make available, and store (if applicable) any photographs, information, data, text, software, graphics, video, messages, tags and/or other materials accessible through the Site ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site via your account. You may also share Content obtained or accessed through the Services with such Third-Party Account. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers, and we possess no liability for personally identifiable information that may be provided to them by such third-party service providers in violation of the privacy settings that you have set in such third-party accounts. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any SNS Content.
You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
At the time of your first order, we will request shipping and payment information. You agree that we may update your payment information with information your bank or credit card issuer may supply, or other information available to us.
Subscription, Renewal, Cancellation
We only ship to addresses within the United States. If you purchase a subscription to Mushroom Design Vitamins through our Site, every twenty to twenty-five (20-25) days, we will send you a shipment containing a thirty (30) day supply of vitamin supplements. Our subscription term is thirty (30) days, so we ship at least 5 days early to ensure you do not run out of your vitamin supplements at the end of each month.
Your subscription will continue, and you will be charged, every twenty-five (25) days, until you choose to cancel. However, please note that all fees for the Subscription are non-refundable except for the one-time 30-day guarantee, so if you cancel your subscription, we will send you any outstanding supply of vitamin supplements but will not refund you any amounts for shipments not received as of the date of cancellation.
There is no subscription fee associated with your subscription. You will only be charged for the cost of the product and the cost of shipping and handling as applicable.
After your initial thirty (30) day subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a "Renewal Commencement Date") and continue for an additional thirty (30) day period, at our then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription within fourteen (14) days prior to the Renewal Commencement Date by logging into your account and going to the "Account Details" and then “Manage Subscriptions.”
If you do not wish your account to renew automatically, or if you want to cancel your subscription, please log into your account cancel or edit under the "Account Details" section. Cancellations must be submitted fourteen (14) days prior to renewal charge. This date can be viewed at any time under your account, or you can ask us at firstname.lastname@example.org.
By subscribing, you authorize us to charge your payment provider now, and again at the beginning of any subsequent subscription period. We will send you an email confirmation of charge by your payment provider with each subscription period.
If you choose to cancel your subscription, your subscription will terminate automatically and we will not charge your payment provider for the subsequent subscription period as long as it is canceled at least fourteen (14) days prior to the subsequent subscription period. You agree that the we may either terminate or suspend your subscription for any reason at any time in our sole discretion.
Billing and Payment
We accept the following bank or credit cards: MasterCard, Visa, American Express, and Discover. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
We use a third-party service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). You hereby consent to provide and authorize Mushroom Design, LLC and its third-party service provider to share any information and payment instructions you provide to the extent required to complete payment transactions in accordance with this Agreement, including personal, financial, credit card payment, and transaction information.
We are not responsible for any fees or charges that your bank or credit card issuer may apply.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. If you would like to receive a refund for any reason, please contact us at email@example.com. Refunds will be issued by us in our sole discretion.
The Services allow registered users to post reviews, ratings and comments about products purchased through the Site (collectively, "Reviews"), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are not endorsed by Mushroom Design and do not represent the views of Mushroom Design.
You acknowledge that Mushroom Design may choose to provide attribution of your Review at our discretion. You acknowledge and agree that your Review is non-confidential and non-proprietary. You affirm, represent and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for Mushroom Design to publish and otherwise use) your Review as authorized herein.
Mushroom Design reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that Mushroom Design is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. Mushroom Design does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the product you are reviewing; (ii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iii) your review will comply with the terms set forth herein.
If Mushroom Design determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such Review without notice. Further, Mushroom Design may remove any Reviews in the event it determines, in its sole discretion, that a Review:
- Is false, unlawful, misleading, obscene, libelous, indecent, defamatory, inflammatory, pornographic, lewd, suggestive, abusive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, fraudulent or otherwise objectionable;
- Is offensive to the online community, such as that which promotes hatred, racism, bigotry, or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the human rights of any party, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Constitutes mass mailings or "spamming" or "junk";
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Mushroom Design;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Reviews or products in which such Review is posted; or
- (i) is otherwise objectionable, (ii) restricts or inhibits any other person from using or enjoying the Services, or (iii) may expose Mushroom Design or its users to any harm or liability of any type.
Notice Regarding Medical Advice
This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.
LIMITATION OF LIABILITY
You understand and agree that in no event shall we be liable for any indirect, incidental, exemplary, consequential, or special damages arising out of or in connection with the site or services, including, without limitation, any damages resulting from loss of data, use, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional or mental distress arising out of or in connection with the agreement, or from any communications, interactions or meetings with other users of the company properties, on any theory of liability, resulting from: (1) the use or inability to use the site or services; (2) the cost of procurement of substitute goods or services resulting from any goods, information, data, or services purchased or obtained through the site; (3) unauthorized access to or alteration of your transmissions or data; (4) conduct or statements of any third party on the site; or (5) any other matter related to the site, whether based on contract, warranty, copyright, product liability, tort (including negligence), or any other legal theory.
Under no circumstances will we be liable to you for more than the amount received by us as a result of your use of the site in the subscription period during which you first assert a claim. If you have not paid the company any amounts in the subscription period during which you first assert any such claim, company's sole and exclusive liability shall be limited to eighty dollars ($80).
We do not promise, covenant, represent, warrant or guarantee that you or any other user of the site will obtain any particular or tangible result or goal through the use of the site, or any product or service made available on or through the site.
Except as otherwise specifically provided, the site and the products offered on the site are provided on an "as is" and "as available" basis and without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible under applicable law, we disclaim all warranties and guarantees, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
We do not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected or that the site or the server that makes the site available are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials on the site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow limitations or exclusions on warranties so the above limitations may not apply to you.
No advice or information, whether oral or written, obtained from us or through the site or services, including in connection with the products, will create any warranty not expressly made herein.
The technology underlying the Site and the entire contents of the Site including, but not limited to, images, text, audio, graphics, data, downloads, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Mushroom Design, LLC and protected by copyright and other intellectual property or proprietary rights.
The collective work includes works that are licensed to Mushroom Design LLC © 2019.
All trademarks, service marks and trade names of the Mushroom Design mark, are trademarks or registered trademarks of Mushroom Design LLC.
You agree to indemnify, defend and hold harmless Mushroom Design LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all liabilities, losses, expenses, costs, and damages, including reasonable attorneys' fees, resulting from any violation of this Agreement, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your user account or your internet account, or your ability or inability to use the Site and Services, including any products purchased thereon.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, perpetual, irrevocable, royalty-free, worldwide, non-exclusive, and fully sublicensable right and license to use, display, adapt, distribute, re-format, reproduce, perform, modify, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Site and Services.
THIRD-PARTY LINKS AND SITES
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Mushroom Design LLC’s. We are not responsible for and do not endorse or accept any responsibility for the contents, products, services, or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that we are not responsible for any loss or damage you may incur from visiting or using such a third-party site. It is your responsibility to contact the site administrator for the applicable third-party site if you have any concerns regarding such links or the content located on any such third-party site.
Your use of the Site shall be governed in all respects by the laws of the state of Florida, USA.
This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
We shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to: acts of God, war, terrorism, riots, acts of civil or military authorities, fire, floods, accidents, strikes or shortages or delays of transportation or shipping facilities, fuel, energy, materials, or labor. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with us and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement: You agree that any dispute or claim relating in any way to your use or access of the Site, to any products distributed or sold through the Site, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, domain names, trade secrets, patents, and copyrights). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
If you agree to arbitration with Mushroom Design LLC, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against us alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against us in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this arbitration agreement.