Terms of Service

1. Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to change these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the website after any such changes constitutes your acceptance of the new Terms.

2. Use of the Website

2.1 Eligibility

You must be at least 18 years old to use our website and services. By using our website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

2.2 Account Responsibility

If you create an account on our website, you are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

2.3 Prohibited Conduct

When using our website, you agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Use the website for any illegal or unauthorized purpose
• Interfere with or disrupt the operation of the website
• Attempt to gain unauthorized access to any portion of the website
• Collect or harvest any information from the website without our consent
• Impersonate any person or entity
• Engage in any activity that could damage, disable, or impair our servers or networks
• Use any automated means to access the website without our permission

3. Intellectual Property

3.1 Ownership

The website and all of its contents, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the property of FunGemisCo or its content suppliers and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for personal, non-commercial purposes. This license does not include:

• Modifying or copying the materials
• Using the materials for any commercial purpose
• Attempting to decompile or reverse engineer any software contained on the website
• Removing any copyright or other proprietary notations from the materials
• Transferring the materials to another person or "mirroring" the materials on any other server

This license will terminate if you violate any of these restrictions, and we may terminate this license at any time.

3.3 Trademarks

FunGemisCo, the FunGemisCo logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FunGemisCo or its affiliates. You may not use these marks without our prior written permission.

4. Products and Services

4.1 Product Information

We strive to provide accurate information about our products and services on our website. However, we do not warrant that product descriptions or other content on the website are accurate, complete, reliable, current, or error-free.

4.2 Pricing and Availability

All prices displayed on the website are in Canadian dollars unless otherwise specified. We reserve the right to change prices at any time. We do not guarantee the availability of any product or service displayed on the website.

4.3 Orders and Purchases

Your submission of an order constitutes an offer to purchase the products or services ordered. We reserve the right to accept or decline your order for any reason. After you place an order, we will send you an email confirming receipt of your order. This email confirmation does not constitute our acceptance of your order.

5. User Content

5.1 Submission of Content

If you submit any content to our website (such as reviews, comments, or feedback), you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

5.2 Content Standards

You represent and warrant that any content you submit does not violate any third-party rights, including intellectual property rights and privacy rights, and complies with all applicable laws and regulations.

5.3 Content Monitoring

We have the right, but not the obligation, to monitor, edit, or remove any content submitted to our website that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

6. Disclaimer of Warranties

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUNGEMISCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FUNGEMISCO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7. Limitation of Liability

IN NO EVENT WILL FUNGEMISCO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnification

You agree to indemnify, defend, and hold harmless FunGemisCo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

9. External Links

Our website may contain links to third-party websites or services that are not owned or controlled by FunGemisCo. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that FunGemisCo 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services.

10. Governing Law

These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of the website shall be resolved through binding arbitration in accordance with the Arbitration Act of Ontario. The arbitration shall take place in Toronto, Ontario, Canada.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on this website. Your continued use of the website after any such changes constitutes your acceptance of the new Terms.

14. Contact Information

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