Terms of Service, Terms of Sale, and Refund Policy

Last updated: January 1, 2023

Overview

These Terms of Service, including those additional terms and conditions and policies referenced herein or available by hyperlink (together, the “TOS” or “Terms”), describe your rights and responsibilities concerning your use of the websites located at RyzaGrow.com (together with any successor site, the “Site”), if available, the related mobile application (the “App”), and related content, materials, or services, including any support services provided to you (collectively, the “Connected Offerings”). These Terms also govern your use of any products offered by us (the “Products”), which may be used in connection with the Services. The Connected Offerings and the Products, along with any updates, new features, or tools added to any of the foregoing, are referred to collectively as the “Services.”

These Terms govern your use of the Services. Your purchase of a Product is also governed by the applicable limited Refund Policy applicable to such Product (the “Product Warranty”) and our Terms of Sale (the “Terms of Sale”). Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy.

The Services are provided to you by or on behalf of RyzaGrow.com (“Ryza”, “we”, or “us”). For purposes of these Terms, “you” and “your” means you as the user of the Services. We only provide our Services to individuals in their personal capacity and not for companies or other entities. If you use the Services on behalf of another individual other than yourself then “you” includes you and that individual, and you represent and warrant that: (a) you are an authorized representative of the other individual with the authority to bind that individual to these Terms; and (b) you agree to these Terms on that individual’s behalf.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TOS. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TOS, THEN YOU MAY NOT ACCESS THE SITE OR USE ANY SERVICES. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TOS.

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes to our Site. It is your responsibility to check this page periodically for updates or changes. Your continued use of or access to the Site or Services following the posting of any updates or changes constitutes acceptance of those updates or changes.

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Please note that Section 14 contains an arbitration clause and class action/jury trial waiver. By agreeing to these Terms, you agree: (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 15.

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1. Online Store Terms

Our store is hosted on Squarespace Inc., a third party unaffiliated with Ryza. They provide us with the online e-commerce platform that allows us to sell our Products to you.

When preordering or purchasing Products, you understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Our Services are offered and available to users who are at least 18 years of age or older, and only for individuals’ personal use. By using our Services, you represent and warrant that you are at least 18 years of age or older.

Availability and prices for our Products are subject to change without notice. We reserve the right to modify, discontinue, or refuse the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, refusal, or discontinuance of the Service.

2. Accounts and Accuracy of Billing Information

To access certain of our Services, such as to purchase our Products using our e-commerce partner’s platform, you may be asked to create an account (your “Account”) and to provide certain registration details or other information, including your name, email address, phone number, address, and a password for the Account. You agree to provide us with current, accurate, complete, and updated information for your Account. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at support@RyzaGrow.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

3. Products & Disclaimers

You are solely responsible for properly utilizing the Products pursuant to the instructions accompanying the applicable Products.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at our online store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Products or Connected Offerings to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Connected Offerings that we offer. All descriptions or pricing of Products are subject to change at any time without notice, at our sole discretion. Any offer for any Product or Connected Offerings made on this Site is void where prohibited.

We cannot and do not warrant that the quality of any Products or Connected Offerings will meet your expectations, or that our Products will yield any particular results for you, or that any errors will be corrected. Ryza will not be liable to you or any other person or entity for any damages of any kind in connection with the purchase or use of our Products or Connected Offerings. We make no warranties of any kind, including warranties of merchantability or fitness for a particular purpose, relating to or arising from the use of our Products or Connected Offerings, except as required by law.

RYZA’S SERVICES, INCLUDING OUR PRODUCTS AND CONNECTED OFFERINGS, SHALL ONLY BE USED FOR LAWFUL PURPOSES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT USE RYZA’S SERVICES FOR ANY ILLEGAL PURPOSE, INCLUDING WITHOUT LIMITATION THE GROWTH OF PSILOCYBE CUBENSIS OR HALLUCINOGENIC MUSHROOMS IN ANY JURISDICTIONS WHERE IT IS ILLEGAL.

4. Services

Subject to your compliance with this TOS, the Ryza hereby grants to you, a limited, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the Services. We may modify, amend, alter, supplement or replace the Services from time to time, in whole or in part. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Services without our prior written consent and complying with such laws, orders, restrictions, or regulations.

You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Services is solely at your own risk. While we have endeavored to create secure and reliable Services, you should understand that the confidentiality of any communication or material transmitted to or from the Services over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Ryza is not responsible for the security of any information transmitted to or from the Services. You agree to assume all responsibility concerning activities related to your use of the Services. Any support, updates, or communications relating to or for the Services shall only be available through the sole discretion of Ryza and provided without warranty of any kind.

We are not responsible if information made available through the Services is not accurate, complete or current. The material in the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material in the Services is at your own risk.

5. Restrictions

You agree that you will not:

(a) modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Service;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Service (including any underlying idea or algorithm), or attempt to do any of the same;

(c) use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through Service;

(d) frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Halo without our express consent;

(e) attempt to gain unauthorized access to, interfere with, damage or disrupt the Service, accounts registered to other users, or the computer systems or networks connected to the Service;

(f) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Service;

(g) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Service to monitor, extract, copy or collect information from or through the Service, or any manual process to do the same;

(h) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(i) use the Service for illegal, harassing, unethical, or disruptive purposes;

(j) violate any applicable law or regulation in connection with your use of the Service; or

(k) use the Service in any way not expressly permitted by these Terms of Use.

6. Proprietary Rights

These Terms provide only a limited license to access and use the Services. Accordingly, you expressly acknowledge and agree that Ryza transfers no ownership or intellectual property interest or title in and to the Services to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Ryza and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Ryza does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Ryza Site or Products may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Ryza does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Ryza's trademarks. Our current United States and international patents are listed at our patent page at www.RyzaGrow.com.

Other than any third party content linked to or provided through the Connected Offerings, Ryza is the exclusive copyright holder of the Connected Offerings and its contents as a collective work or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Connected Offerings. Any downloadable or printable programs, directories, databases, information, or materials available through the Connected Offerings and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Ryza. Ryza, the Ryza logo, RyzaGrow, RyzaPods, and all other names, logos, and icons identifying Ryza and its Products and Services are proprietary trademarks of Ryza, and any use of such marks, including, without limitation, as domain names, without the express written permission of Ryza is strictly prohibited. Other service and entity names mentioned herein may be the trademarks or service marks of their respective owners.

7. Comments, Feedback, and other Submissions

We welcome your comments, feedback, and suggestions about our Products or Connected Offerings. By transmitting any comment, feedback, suggestions, information, material, or other content (collectively, "Feedback") to Ryza, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Ryza and enable Ryza to use such Feedback. In addition, any Feedback received through the Connected Offerings or otherwise provided to Ryza, including through email, social media, or other electronic means, will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sublicensable, non-exclusive right and license for Ryza to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

You agree that your Feedback will not contain disparaging, libelous, unlawful, abusive, or obscene material, or contain any computer virus or other malicious code that could in any way affect the operation of the Services or any related website. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and their accuracy. We take no responsibility and assume no responsibility for any Feedback provided by you or any third party.

8. Postings

The Site and other Connected Offerings may contain comment areas, user reviews, surveys, questionnaires, blogs, and other interactive features where you can share and display certain postings. To the extent that the Connected Offerings contain any such communication forums (collectively, “Forums”), you agree that you will not post or transmit any of the following materials on Ryza’s Forums:

(a) statements or material that violates, infringes, or misappropriates the intellectual property rights, trade secrets, or privacy of others, or is otherwise in violation of applicable laws or regulations;

(b) statements or materials that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;

(c) statements or material that contains or constitutes false, misleading, disparaging statements relating to Ryza, its Products, or Services;

(d) statements or materials that contains confidential information of Ryza or any third party to which you owe an obligation of confidentiality;

(e) statements or material that contain vulgar, obscene, racially offensive, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person;

(f) statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Ryza;

(g) statements or material that misrepresents your affiliation with any entity or Ryza;

(h) statements or material that advocates for, facilitates, or is otherwise associated with any illegal purpose or activities, including without limitation the growth of Psilocybe Cubensis or hallucinogenic mushrooms, or the use of any Rzya Products or the Services in connection with any illegal purpose or activities; or

(i) anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual.

All postings or other content you provide in the Forums constitute Feedback to Ryza, and accordingly is subject to all of the prohibitions, rights, and licenses applicable to Feedback as set forth above in Section 7 (Comments, Feedback, and other Submissions). You acknowledge that all postings in Forums are non-confidential and that we have no control over the extent to which any information or content may be used by any person or entity once it is posted or displayed. Accordingly, notwithstanding the rights and licenses granted to Ryza, it is understood that by merely permitting your information, content, and materials to appear on the Forums, we have not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display such postings. Moreover, we assume no responsibility for the deletion of or failure to store any posting and recommend that you do not post, display, or transmit any confidential or sensitive information. We are not responsible for screening, policing, editing, or monitoring your or other postings to the Forums. Nevertheless, Ryza reserves the right to delete or take other action with respect to any postings (or parts thereof) that we believe in good faith violate these Terms or are potentially unlawful or harmful to Ryza or its Products, Services, or goodwill.

9. Personal Information

You acknowledge and agree that the operation of the Services requires the submission, collection, use, processing, and dissemination of various personal information, including personally identifiable information. Accordingly, by using the Services or otherwise submitting personal information to Ryza, you thereby accept our personal information practices, as set forth in our Privacy Policy.

10. Third Party Links and Products

We may provide links or other access to third party websites, tools, or products, over which we neither monitor nor have any control or input. Moreover, these links do not imply an endorsement with respect to any third party or the content, products, or services provided by any third party. Accordingly, we expressly disclaim any responsibility for the content, the materials, the accuracy of the information, and the quality of the content, products, or services provided by, available through, or advertised on these third party properties, and we are not liable for any harm or damages related to the purchase or use of content, products, services, or any other transactions made in connection with any third party properties. Please carefully review the third party’s policies and practices and ensure you understand them before you engage in any transaction. Your correspondence or any other dealings with third parties are solely between you and such third parties.

11. Disclaimers

THE SERVICES AND ALL INFORMATION, MATERIALS, PROGRAMS, SOFTWARE, AND HARDWARE ASSOCIATED WITH THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. RYZA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT OUR PRODUCTS OR SERVICES, OR ANY RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF OUR PRODUCTS OR SERVICES FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY UNDER APPLICABLE LAW. RYZA ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL OPERATE IN AN ERROR FREE, UNINTERRUPTED, TIMELY, OR SECURE MANNER OR THAT ANY FILES OR INFORMATION THAT YOU OBTAIN THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability

In no event shall Ryza, our directors, officers, employees, affiliates, partners, agents, contractors, suppliers, service providers, or licensors be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of, or inability to use, any Service, or for any other claim related in any way to the Service, including, but not limited to, any errors or omissions in the Service, or any loss or damage of any kind incurred as a result of the use of our Products or any content or information posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Notwithstanding the foregoing, the total liability of Ryza for any reason related to the Services or under these TOS shall not exceed the total amounts paid by you to Ryza in connection with the Product that is related to the particular dispute. To the extent that any injury, loss, or claim is based on your purchase of or use of our Products, you acknowledge and agree that Ryza may, at Ryza’s option, replace any defective Product or provide you with a refund under the terms of the applicable Product Return Policy, and this remedy is intended to be your sole and exclusive remedy under these TOS and any other agreement between you and Ryza.

13. Indemnification

You agree to defend, indemnify, and hold harmless Ryza and our parents, subsidiaries, affiliates, and all of their respective employees, agents, directors, officers, shareholders, service providers, contractors, suppliers, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) (together, “Losses”) relating to or arising from your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party, including without limitation any Losses resulting from your use of Ryza’s Products or Services in connection with any illegal purposes or activities.

14. Governing Law, Arbitration, and Class Action Waiver

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its provisions governing conflicts of law.

You agree that in the event of any dispute between you and the Ryza, you will first contact Ryza and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, arbitration pursuant to the procedures set forth below.

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of our products or services, including the Services, or otherwise arising under these Terms, will be resolved by arbitration. You and Ryza agree that any Claim will be settled by final and binding arbitration, as administered by the American Arbitration Association (AAA) under its then current commercial arbitration rules (the “AAA Rules”). Arbitration will be conducted in Philadelphia, PA in the English language by a single arbitrator in accordance with the AAA Rules. Any judgment or award rendered shall be final and conclusive to the parties, and may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitration and class actions are not permitted. You understand that by agreeing to these Terms, you and Ryza are each waiving the right to trial by jury or to participate in a class action, class arbitration, consolidated, multi-district, or collective action, or private attorney general action lawsuit. Notwithstanding the foregoing, you and Ryza will have the right to bring an action in the state courts of the Commonwealth of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for injunctive or other equitable or conservatory relief pending a final decision by the arbitrator, for Ryza to protect its confidential information or intellectual property rights, or to remove you as a participant in any class action, class arbitration, consolidated, multi-district, or collective action, or private attorney general action lawsuit. You hereby consent to the exclusive jurisdiction of these courts for such actions. You and Ryza shall each bear and pay its own fees associated with the arbitration, including any filing, administrative, arbitrator fees, attorneys’ fees, and experts’ fees.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@RyzaGrow.com. The notice must be sent to Ryza within 30 days of you registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. The opt-out notice must include: (a) your name; (b) the email address associated with your Ryza account; (c) your mailing address; and (d) a statement that you do not wish to resolve disputes with Ryza through arbitration. This notification affects these Terms only; if you previously entered into other arbitration agreements with Ryza or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and Ryza. If you opt-out of these arbitration provisions, Ryza also will not be bound by them.

Any claim you may have against Ryza must be brought within six (6) months after the cause of the claim arises, or such claim is barred. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Ryza if you wish to receive a printed copy of these Terms.

15. Term and Termination

These Terms will take effect at the moment you access the Site or otherwise use the Services and is effective until terminated as set forth below. In addition, Ryza reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate these Terms, to deny your access to the Connected Offerings or to any portion thereof in order to protect its business, rights, reputation, or goodwill, and immediately terminate these Terms without notice. These Terms will also terminate automatically upon your breach thereof, subject to the survival rights of certain provisions identified below. You may also terminate these Terms at any time by ceasing to use the Services, including any Ryza Products, and providing us with written notification. Upon termination, you must destroy all copies of any aspect of the Connected Offerings in your possession and all Ryza Products, and may no longer use the Products or Services. Your obligations and liabilities that were incurred prior to the termination of these Terms, including without limitation payment obligations, shall survive the termination for all purposes. The provisions relating to Ryza’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, governing law, arbitration, class action waiver, and any other sections which by their nature should survive the termination of these Terms will continue in full force and effect subsequent to and withstanding any termination of these Terms. Termination will not limit any of the Ryza’s other rights or remedies at law or in equity.

16. Miscellaneous

(a) Term Updates. We may update, change, or replace these Terms from time to time in our sole discretion. The latest TOS will be posted on the Site. Therefore, please visit the “Terms of Service,” “Privacy Policy,” “Terms of Sale,” and “Refund Policy” areas each time you visit the Site and inspect the “Last Updated” date at the beginning of each document, in order to check for updates or changes and to familiarize yourself with the then-current terms. Your access or use of the Services following the posting of the updated TOS constitutes your agreement to be bound by, and to act in accordance with, the then-current TOS.

(b) Termination of License. If you breach any of the provisions of these Terms, all licenses granted by Ryza will terminate automatically.

(c) Injunctive Relief. You agree that a breach of these Terms, threatened or actual, will cause irreparable injury to Ryza, for which monetary damages would not be an adequate remedy and Ryza shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction, without the necessity of posting band, other security, or proof of damages.

(d) Assignment. These Terms are for the benefit of the parties hereto as well as Ryza's licensors. Accordingly, these Terms are personal to you, and you may not assign your rights or obligations to any other person or entity without Ryza's prior written consent. Ryza may assign its rights or obligations under these Terms to an Affiliate or to any successor to substantially all of its assets or business.

(e) Waiver. Failure by Ryza to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver by Ryza of that or any subsequent default or failure of performance.

(f) Severability. If any provision, or part thereof, contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions, or parts thereof, contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.

(g) Independent Parties. No joint venture, partnership, employment, or agency relationship exists between you and Ryza as result of these Terms or your utilization of the Services.

(h) Headings. Headings used herein are for convenience only and shall not be read to have any legal effect.

(i) Entire Agreement. These Terms, along with the Ryza's Terms of Sale, Return Policy, and Privacy Policy, represents the entire agreement between you and Ryza with respect to use of the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Ryza with respect to the Services.

(j) California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit or the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

(k) How to Contact Us. You may contact us regarding the Services or these Terms by email at support@RyzaGrow.com.

TERMS OF SALE

Last updated: November 15, 2022

Overview

These Terms of Sale, including those additional terms and conditions and policies referenced herein or available by hyperlink (together, the “Sales Terms”), describe your rights and responsibilities concerning your purchase of products offered by us (the “Products”) and any associated subscription, support, or other services (collectively, the “Additional Services”) from our online store (the “Store”). By making a preorder or purchase of any Products or Additional Services from the Store, you agree to be bound by these Sales Terms and any additional terms we provide, including without limitation the applicable limited Refund Policy applicable to the purchased Product (the “Refund Policy”), our Terms of Service. (the “TOS”), and any additional terms included in-box with any Ryza Products. Our Privacy Policy describes how we handle the information you provide to us when you use the Store or purchase Products or Additional Services. For an explanation of our privacy practices, please visit our Privacy Policy.

The Products and Additional Services are provided to you by or on behalf of RyzaGrow.com (“Ryza”, “we”, or “us”). For purposes of these Terms, “you” and “your” means you as the purchaser of the Products or Additional Services. We only provide our Products and Additional Services to individuals in their personal capacity and not for companies or other entities. If you use the Products or Additional Services on behalf of another individual other than yourself then “you” includes you and that individual, and you represent and warrant that: (a) you are an authorized representative of the other individual with the authority to bind that individual to these Sales Terms; and (b) you agree to these Terms on that individual’s behalf.

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE SALES TERMS. BY PURCHASING OR USING THE PRODUCTS OR ADDITIONAL SERVICES, YOU AGREE TO BE BOUND BY THESE SALES TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE SALES TERMS, THEN YOU MAY NOT PURCHASE OR USE ANY PRODUCTS OR ADDITIONAL SERVICES. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE SALES TERMS.

You can review the most current version of these Sales Terms at any time on this page. We reserve the right to update, change, or replace any part of these Sales Terms by posting updates or changes to our Store. It is your responsibility to check this page periodically for updates or changes. Your continued use of or access to the Store or purchase of Products or Additional Services following the posting of any updates or changes constitutes acceptance of those updates or changes.

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1. Online Store

Our Store is hosted on Squarespace Inc., a third party unaffiliated with Ryza. They provide us with the online e-commerce platform that allows us to sell our Products and Additional Services to you.

Each time you preorder or purchase Products from Ryza, the Sales Terms in force at that time will apply between you and Ryza. If you purchase any Additional Services, we will notify you in the event we make changes to these Sales Terms that materially affect your Additional Services. If you have any questions regarding these Sales Terms, you can contact support@RyzaGrow.com.

When preordering or purchasing Products or Additional Services, you understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Our Products and Additional Services are offered and available to customers who are at least 18 years of age or older. By using our Services, you represent and warrant that you are at least 18 years of age or older.

Availability and prices for our Products and Additional Services are subject to change without notice. We reserve the right to modify, discontinue, or refuse to provide the Products or Additional Services (or any part or content thereof) without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension, refusal, or discontinuance of the Service.

The Store is for retail sales to private consumers only. Please contact support@Ryzagrow.com if you wish to purchase wholesale or discuss distribution partnerships.

Although the Store is accessible worldwide, the Products and Additional Services offered in the Store are only available to customers in the United States. IYou understand and accept that the Store, Products, and Additional Services are not designed or approved for purchase or use outside of the United States. To the extent permissible by law, Ryza accepts no responsibility or liability for any damages or loss caused by your access or use of the Store, Products, or Additional Services outside of the United States.

2. Product Warning and Safety Considerations

In addition to the Product and Disclaimers information provided in our Terms of Service, you acknowledge and agree that you are solely responsible for conducting your own research, exercising extreme caution, and ensuring the safety relating to any mushrooms or other fungus or plant you choose to grow using our Products.

The content of our Store and any any content associated with our Products and Additional Services are for informational purposes only, has not been vetted for accuracy or completeness, and does not constitute medical or any other advice of any kind. Ryza does not make any representations or warranties of any kind relating to the Store, Products, Additional Services, or the content contained therein, including without limitation any representations or warranties relating to the safety or effectiveness of mushroom cultivation or ingestion.

IT IS CRITICAL THAT YOU TAKE IT UPON YOURSELF TO EDUCATE YOURSELF ON ANY CULTIVATION YOU CHOOSE TO UTILIZE OUR PRODUCTS OR ADDITIONAL SERVICES FOR, AND TO EXERCISE EXTREME CAUTION IN IDENTIFYING AND UTILIZING SPORES, LIQUID CULTURES, MUSHROOMS, OR OTHER FUNGUS OR PLANTS, INCLUDING FOR CONSUMPTION. SOME MUSHROOMS ARE POISONOUS AND CAN BE EXTREMELY HARMFUL, EVEN DEADLY. ANY USE OR CONSUMPTION OF MUSHROOMS OR OTHER FUNGUS OR PLANTS IS AT YOUR OWN CHOICE AND RISK. RYZA DOES NOT PROVIDE ANY IDENTIFICATION OF MUSHROOMS AND TAKES NO RESPONSIBILITY FOR ANY CUSTOMERS’ USE OF RYZA PRODUCTS OR ADDITIONAL SERVICES.

3. Reservations and Pre-Orders

Products available for reservation and pre-order are not offered for sale by Ryza. Your placement of a reservation and pre-order does not create a contract for sale. By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to Ryza to purchase the Product subject to these Sales Terms. Ryza will obtain an authorization from your bank or credit card company for no charge. An authorization from your payment card company may stay open for several weeks or months before a charge is actually made. You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. Later, when the Product is offered for sale, Ryza may accept your offer to purchase Products subject to these Sales Terms. At that time, Ryza will capture payment on the payment card you provided and ship your Product. Ryza may obtain an additional authorization from your payment card company to confirm necessary funds are available to purchase the Products requested.

Ryza reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is canceled, or if additional information is needed to complete and accept your order.

4. Payment and Sales Tax

By providing a credit card or other payment method accepted by Ryza, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes, shipping and handling costs, and other charges). If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Ryza account (if applicable), you can do so at any time by logging into your account and editing your payment information.

Depending on the order, Ryza calculates and charges sales tax in accordance with applicable laws.

5. Additional Services

(a) Subscription Services. Although we do not currently offer subscription services, we may do so in the future and will provide information on such services through our Store or the Ryza website at the RyzaGrow.com, or then-current successor domain.

(b) Billing for Subscription Services. For any subscription services you purchase, you expressly acknowledge and agree that: (i) Ryza is authorized to charge you a monthly or other periodic subscription service fee depending on the billing cycle you choose (in addition to any applicable taxes) for as long as your subscription continues; and (ii) your subscription is continuous until you cancel it or such Subscription Service is suspended, discontinued or terminated in accordance with Ryza’s Terms of Service or other applicable terms. Ryza will automatically bill the payment method associated with your subscription on a monthly or other periodic basis (depending on the billing cycle you choose). You acknowledge that the amount billed may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your payment method for the corresponding amounts.

(c) Cancellation of Subscription Services. You may cancel your subscription services at any time by doing so through your Ryza account or contact us at support@RyzaGrow.com.

(d) Support Services. Although we do not currently offer support services, in the event we do so in the future or partner with a third party to provide such services, we will provide information on such services through our Store or the RyzaGrow.com website.

6. Availability and Pricing

All Products and Additional Services offered on the Store are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products or Additional Services without prior notice. Prices for the Products and Additional Services are subject to change at any time, but changes will not affect any order for Products or Additional Services you have already placed. In the event we change the pricing for any subscription services you have purchased, we will give you advance notice of this change in accordance with the notification procedures set forth below in these Sales Terms. After receiving this notice, you will be deemed to have accepted the change in pricing, unless you cancel your subscription as set forth in Section 5(c) above.

7. No Resale or Distribution

Purchases made on the Store are intended for your personal end user needs only, and are not authorized for resale or other distribution. Title for Products purchased from the Store passes to you as the purchaser at the time of delivery by Ryza to the freight carrier.

8. Shipping and Delivery

Prices for the Products do not include shipping costs unless stated otherwise, i.e. as part of a special offer or promotional pricing. Our delivery charges and methods are as described on the Store website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to Ryza. It may take up to 60 days for the returned items to be identified as refused, and charges for refused deliveries are nonrefundable without Ryza’s prior written approval.

The Products available on the Store have been designed, marketed and sold only for use by residents of the United States. All safety warnings, information, instructions, packaging, and in-box materials are provided only in the English language. The Products available on the Store are not intended for purchase or use outside of the United States. You are responsible for complying with all applicable laws and regulations of the jurisdiction for which the Product is destined. We are not liable or responsible if you break any such law.

9. Refunds for Defective Products

If you received a defective Product, you may be eligible for a refund under our Refund Policy, but you must notify us no later than 30 days following the date of original purchase . The Product is not eligible for a refund after the 30-day period. To initiate a refund request, please refer to the procedures in our Refund Policy.

10. Proprietary Rights

You acknowledge and agree that Ryza is the exclusive owner of and retains all rights and title to all trademarks, service marks, trade names, patents, copyright, trade secrets, and other intellectual property rights in relation to the Products and Additional Services (collectively, the “Ryza IP”), and that no right, title, or interest in any Ryza IP is transferred to you or any third party by the sale of Products or Additional Services. All information you receive from Ryza in respect of our business or technology shall be deemed to be confidential and you shall not use or disclose such information with our Ryza’s express prior written consent, unless such information is publicly known through no breach of this confidentiality obligation. You shall not take any actions with the intent or effect of: (a) tampering with, disabling, copying, modifying, distributing, decompiling, disassembling, reverse-engineering, violating, removing, or misappropriating any Products of Additional Services; (b) merging or bundling any Products or Additional Services with, or using Products or Additional Services to create, any other product or service; (c) attempt to derive the source code or the underlying algorithms, protocols, or technologies of the Products or Additional Services; or (d) otherwise infringing or misappropriating any of Ryza’s IP rights.

11. Disclaimers

To the extent permitted by applicable law, the Store, all content available on the Store, and all Products and Additional Services, are provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. With respect to Ryza Products, you may choose whether to make a claim under these Sales Terms or the Return Policy or both, but you may not recover twice in respect of the same loss. To initiate a refund request under the Refund Policy for your Ryza Product, you must follow the procedures set forth in that policy.

Your use of any Products or Additional Services is at your own discretion and risk, and you are solely responsible for properly utilizing the Products and Additional Services pursuant to the instructions provided by Ryza. You will be solely responsible for (and Ryza disclaims) any and all loss, liability, or damages resulting from your use of a Product or Additional Service, including any personal injury, damage or loss to your home, the Product, and all other individuals, property, and pets who may come in contact with the Products or Additional Services.

RYZA’S PRODUCTS AND ADDITIONAL SERVICES SHALL ONLY BE USED FOR LAWFUL PURPOSES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU SHALL NOT USE RYZA’S PRODUCTS OR ADDITIONAL SERVICES FOR ANY ILLEGAL PURPOSE, INCLUDING WITHOUT LIMITATION THE GROWTH OF PSILOCYBE CUBENSIS OR HALLUCINOGENIC MUSHROOMS IN ANY JURISDICTIONS WHERE IT IS ILLEGAL.

12. Limitation of Liability

In no event shall Ryza, our directors, officers, employees, affiliates, partners, agents, contractors, suppliers, service providers, or licensors be liable to you or any third party for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of, or inability to use, any Product or Additional Service, or for any other claim related in any way to the Products or Additional Services, including, but not limited to, any errors or omissions in the Products or Additional Services, or any loss or damage of any kind incurred as a result of the use of our Products or Additional Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Notwithstanding the foregoing, the total liability of Ryza for any reason related to the Products or Additional Services or under these Sales Terms shall not exceed the total amounts paid by you to Ryza in connection with the Product or Additional Service that is related to the particular dispute. This limitation is cumulative and will not be increased by the existence of more than one incident or claim. Ryza disclaims all liability of any kind of Ryza’s licensors, suppliers, and service providers. To the extent that any injury, loss, or claim is based on your purchase of or use of our Products, you acknowledge and agree that Ryza may, at Ryza’s option, replace any defective Product or provide you with a refund under the terms of the applicable Product Refund Policy, and this remedy is intended to be your sole and exclusive remedy under these Sales Terms and any other agreement between you and Ryza.

13. Indemnification

You agree to defend, indemnify, and hold harmless Ryza and our parents, subsidiaries, affiliates, and all of their respective employees, agents, directors, officers, shareholders, service providers, contractors, suppliers, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) (together, “Losses”) relating to or arising from your breach of these Sales Terms or the documents they incorporate by reference, your use of the Products or Additional Services, or your violation of any law or the rights of a third party, including without limitation any Losses resulting from your use of Ryza’s Products or Additional Services in connection with any illegal purposes or activities.

14. Governing Law, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

These Sales Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its provisions governing conflicts of law.

You agree that in the event of any dispute between you and Ryza, you will first contact Ryza and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, arbitration pursuant to the procedures set forth below.

After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of our products or services, including the Products and Additional Services, or otherwise arising under these Sales Terms, will be resolved by arbitration. You and Ryza agree that any Claim will be settled by final and binding arbitration, as administered by the American Arbitration Association (AAA) under its then current commercial arbitration rules (the “AAA Rules”). Arbitration will be conducted in Philadelphia, PA in the English language by a single arbitrator in accordance with the AAA Rules. Any judgment or award rendered shall be final and conclusive to the parties, and may be entered in any court that has jurisdiction. Any arbitration under these Terms will take place on an individual basis – class arbitration and class actions are not permitted. You understand that by agreeing to these Terms, you and Ryza are each waiving the right to trial by jury or to participate in a class action, class arbitration, consolidated, multi-district, or collective action, or private attorney general action lawsuit. Notwithstanding the foregoing, you and Ryza will each have the right to bring an action in the state courts of the Commonwealth of Pennsylvania or the United States District Court for the Eastern District of Pennsylvania for injunctive or other equitable or conservatory relief pending a final decision by the arbitrator, for Ryza to protect its confidential information or intellectual property rights, or to remove you as a participant in any class action, class arbitration, consolidated, multi-district, or collective action, or private attorney general action lawsuit. You hereby consent to the exclusive jurisdiction of these courts for such actions. You and Ryza shall each bear and pay its own fees associated with the arbitration, including any filing, administrative, arbitrator fees, attorneys’ fees, and experts’ fees.

You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to support@Ryzagrow.com. The notice must be sent to Ryza within 30 days of the date you first accepted these Sales Terms, unless a longer period is required by applicable law, otherwise you shall be bound to arbitrate disputes in accordance with these Sales Terms. The opt-out notice must include: (a) your name; (b) the email address associated with your Ryza account; (c) your mailing address; and (d) a statement that you do not wish to resolve disputes with Ryza through arbitration. This notification affects these Sales Terms only; if you previously entered into other arbitration agreements with Ryza or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Sales Terms shall not affect the other arbitration agreements between you and Ryza. If you opt-out of these arbitration provisions, Ryza also will not be bound by them.

15. Your Data

By placing an order for Products or Additional Services, you agree and understand that Ryza may store, share, process, and use data collected from your order form or phone/fax/email order for the purposes of processing the order, providing support for the Products or Additional Services, and providing you with information about your purchase or other Ryza Products and Additional Services. Ryza will protect your information in accordance with Ryza's Privacy Policy. Ryza works with other companies that help Ryza provide Products to you, such as marketing partners, freight carriers, and credit card processing companies, and Ryza may have to share certain information with these companies for this purpose.

16. Miscellaneous

(a) Term Updates. We may update, change, or replace these Sales Terms from time to time in our sole discretion. The latest Sales Terms will be posted on the Store website. Therefore, please visit the “Terms of Service,” “Privacy Policy,” “Terms of Sale,” and “Refund Policy” areas each time you visit the Site and inspect the “Last Updated” date at the beginning of each document, in order to check for updates or changes and to familiarize yourself with the then-current terms. Your access or use of the Store or purchase of Products or Additional Services following the posting of the updated Sales Terms constitutes your agreement to be bound by, and to act in accordance with, the then-current Sales Terms.

(b) Electronic Communications. You are communicating with Ryza electronically when you use the Store or send email to Ryza. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order in the Store, we collect and store your email address. From that point forward, your email address is used to send you information about Ryza’s products and services unless you opt-out of such emails using the opt-out link in the emails.

(c) Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, stay at home orders, failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(d) Injunctive Relief. You agree that a breach of these Sales Terms with respect to Ryza’s confidential information or intellectual property rights, whether threatened or actual, will cause irreparable injury to Ryza, for which monetary damages would not be an adequate remedy and Ryza shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction, without the necessity of posting band, other security, or proof of damages.

(e) Assignment. These Terms are for the benefit of the parties hereto as well as Ryza’s licensors. Accordingly, these Terms are personal to you, and you may not assign your rights or obligations to any other person or entity without Ryza’s prior written consent. Ryza may assign its rights or obligations under these Sales Terms to an Affiliate or to any successor to substantially all of its assets or business.

(f) Waiver. Failure by Company to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver by Company of that or any subsequent default or failure of performance.

(g) Severability. If any provision, or part thereof, contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions, or parts thereof, contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.

(h) Survivability. The provisions relating to payments, Ryza’s proprietary rights, disclaimers of warranty, limitation of liability, governing law, arbitration, class action waiver, and any other sections which by their nature should survive the termination of these Sales Terms will continue in full force and effect subsequent to and withstanding any termination of these Sales Terms. Termination will not limit any of the Ryza’s other rights or remedies at law or in equity.

(i) Independent Parties. No joint venture, partnership, employment, or agency relationship exists between you and Ryza as result of these Sales Terms or your purchase of the Products or Additional Services.

(j) Headings. Headings used herein are for convenience only and shall not be read to have any legal effect.

(k) Entire Agreement. These Sales Terms, along with Ryza’s Terms of Service, Return Policy, and Privacy Policy, represents the entire agreement between you and Ryza with respect to purchase and use of the Products and Additional Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Ryza with respect to the Products and Additional Services.

(l) California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit or the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

(m) How to Contact Us. You may contact us regarding the Products or these Sales Terms at: support@RyzaGrow.com.

Refund Policy

Last Updated: November 15, 2022

RyzaPods Refund Policy

FIRST MONTH

RyzaGrow.com (“Ryza”) offers a limited 30-day refund policy for legitimate purchases of its Ryza Pods product.

If any product supplied by Ryza through the RyzaGrow.com website fails because of a proven defect in workmanship, improper sterilization, or material within 30 days from the date of original purchase, in each case as determined by Ryza at its sole good faith discretion, Ryza may, at its sole option, provide a refund to the original method of payment or provide a replacement product in lieu of a refund. If Ryza elects to replace the product, the customer may be required to pay for shipping and handling for the replacement product.

APPLICABILITY AND LIMITATIONS

This refund policy is applicable only to products sold retained within the Fifty States of the U.S.A. and District of Columbia. This refund policy is not applicable to products which have been innoculated or otherwise contaminated by operation of the user, or damaged during shipment. Contamination during mushroom cultivation is inevitable in some cases and is not covered by this policy.

ELIGIBILITY AND PROOF OF PURCHASE

In order to be eligible under this policy, customer must provide original proof of purchase (such as a Ryza sales receipt or delivery slip) in order to establish the date of purchase of Ryza products. The Ryza product must have been purchased directly from Ryza’s website at the RyzaGrow.com domain, the product must be unused and in the same condition that it was received and in its original packaging, and the customer must notify Ryza no later than 30 days following the date of purchase (the "Refund Period"). The product is not eligible for a refund or replacement after the 30-day Refund Period. Customers who received their Ryza product through a testing program, promotion, or giveaway are not eligible for any refund or replacement.

INITIATING REFUNDS

To initiate a refund, the customer must inform Ryza within the Refund Period by contacting Ryza customer support and emailing support@ryzagrow.com, and clearly stating the owner’s desire for a refund or replacement of the product. To be eligible for a refund, the customer must provide a receipt or proof of purchase for the defective product. Ryza also requests that the customer include details on the reason for requesting a refund for the product and the nature of the product defect, with any supporting documents such as pictures.

Once a refund request with all required documentation is received and reviewed, Ryza will notify the customer and provide confirmation of the approval or rejection of the refund request and whether a refund or replacement will be provided. If a refund was approved, Ryza will refund the price the customer paid for the product, exclusive of the original delivery cost, less the value of any promotional merchandise or discounts the owner received. Shipping costs are non-refundable. If a replacement product was approved, Ryza will provide the customer with the shipping and tracking information for the replacement product, after the customer pays any applicable shipping costs.

If the product was purchased as part of a bundle of multiple products sold together at a discount, Ryza will not provide a refund if the request is only for part of the bundle, and all of the products sold together in that bundle must be defective in order to receive any refund.

Ryza will process the refund due to customers as soon as possible.

GIFTS

If the product was marked as a gift when purchased and shipped directly to the product owner, the owner (if eligible for a refund) will receive a gift receipt for the value of the defective product. Once the refund request is received and approved by Ryza, a gift certificate or Ryza account credit will be provided to the original customer who purchased the product.

LIMITATIONS AND DISCLAIMERS

THE REFUND OR REPLACEMENT OF PRODUCTS AS STATED HEREIN CONSTITUTES CUSTOMERS’ SOLE AND EXCLUSIVE REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM PERMITTED BY APPLICABLE LAW, RYZA HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND COVENANTS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR MERCHANTABILITY. RYZA HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL LIABILITY FOR ANY AND ALL DAMAGES RESULTING FROM OR IN CONNECTION WITH ANY OF RYZA’S PRODUCTS.

Some states do not allow for the exclusion or limitation of incidental or consequential damages, or certain warranties. You may have other rights that vary from state to state.