Mandatory Fine Print

Last Updated 04-26-2023

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Buku Fungi and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Buku Fungi Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Products and Services; (b)  your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Buku Fungi of any third party Claims, cooperate with Buku Fungi in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Buku Fungi will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Buku Fungi.

Disclaimers

Your use of our Products is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Buku Fungi does not represent or warrant that our Products and Services are accurate, complete, reliable, current or error-free. While Buku Fungi attempts to make your access to and use of our Products and Services safe, we cannot and do not represent or warrant that our Services or Products are cure any ill or health condition. You assume the entire risk as to the quality and performance of the Products and Services.

BukuFungi.com is prohibited by law from making any claims or representations that our products and/or plants are suitable or effective in treating, curing, mitigating or preventing any disease or condition. We do NOT make these types of medical claims or representations about any product or service which we sell  or provide nor do we guarantee that they will work for any disease or condition.

The information provided by BukuFungi.com on this site or by its agents or employees by phone, fax or other transmission medium including any links to and from this site is purely for educational, research and/or entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical treatment. The Food and Drug Administration (FDA) has not evaluated any of the statements or contents of this website. The information contained herein is NOT intended, nor should it be used to diagnose, treat, cure, prevent, or mitigate any disease or condition.

FDA regulations do not permit any company to publish information regarding medical conditions or treatment of disease in combination with, support for, or as an incentive to purchase dietary health supplements. Our website IS NOT in any way, directly or indirectly, an advertisement or claim for any actual products for their effectiveness or use in relation to the treatment of any disease or medical condition, nor shall it be construed as such.

BukuFungi.com absolutely makes no such claims or connections that any product fungus, mushroom or any plant appearing in this website is suitable to treat any disease or condition. This information has been given to us from various sources and we only add it for informational purposes only. These items are offered for information, scientific studies and collecting reasons only.

You exercise your own judgment when reviewing any information and/or purchasing any product on this website. Please check with a physician or health professional if you suspect you are ill. 

BukuFungi.com makes no representation that information or products, referenced on this website are available, appropriate or legal in any country or region outside the U.S. BukuFungi.com makes no representation that information or products, referenced on this website are available, appropriate or legal in the U.S. state of Louisiana. Those who choose to access this website are solely responsible for compliance with applicable law. Use of this website is at your own risk.

Limitation of Liability

Buku Fungi will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Buku Fungi have been advised of the possibility of such damages.

The total liability of Buku Fungi, for any claim arising out of or relating to these Terms or our Products and Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Products and Services.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Buku Fungi or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Bukufungi.com is providing this site on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, including warranties of merchantability or fitness for a particular use.

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not, in any way, affect the validity or enforceability of the remaining provisions of this agreement.

Release

To the fullest extent permitted by applicable law, you release Buku Fungi from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

Neither BukuFungi.com nor any of its directors, employees, or agents will be liable for damages of any kind arising out of or in connection with the use of this site, including compensatory, direct, indirect or consequential damages. Use of this website and these terms of use shall be governed by the laws of the State of Washington, without giving effect to any principles of conflicts of law. You and BukuFungi.com irrevocably consent to the exclusive jurisdiction of the courts located in the State of Washington in connection with any action arising out of or related to these terms, this website, or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenience.

Changes to these Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account, if any, or providing notice through our Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.