Terms & Conditions.

01 Introduction

These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, www.getpsyched.shop, including all pages within this website (collectively referred as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms and Conditions.

02 Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, Psyched! Supplements LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

03 Restrictions

You are expressly restricted from all of the following:

• publishing any Website material in any media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is, or may be, damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from access by you. Psyched! Supplements LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

04 Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose. By providing Your Content, you give Psyched! Supplements a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Psyched! Supplements reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

05 Health Information / FDA Disclosure

All products on this website are sold strictly for research purposes and are not meant for human consumption. No product on this website is promoted for edible purposes and Psyched! Supplements withdraws themselves of any responsibility.

06 No Warranties

This Website is provided “as is,” with all faults, and Psyched! Supplements makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

07 Limitation of Liability

In no event shall Psyched! Supplements, nor any of its officers, directors, employees or contractors, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Psyched! Supplements, including its officers, directors, employees or contractors shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

08 Indemnification

You hereby indemnify to the fullest extent Psyched! Supplements from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

09 Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

10 Variation of Terms

Psyched! Supplements is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

11 Assignment

Psyched! Supplements shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

12 Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Psyched! Supplements and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

13 Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of California, and you submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

SMS Psyched! Supplements SMS Marketing Terms & Conditions

By consenting to Psyched! Supplements’ SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [email protected] for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified of such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

1 Arbitration

By using or purchasing Psyched! Supplements products or services, you agree that any controversy, claim, action, or dispute between you and Psyched! Supplements arising out of or relating to:

(a) these Terms, or the breach thereof; (b) your access to or use of Psyched! Supplements’ website, services, or materials; or (c) any alleged violation of any federal, state, or local law, statute, or ordinance

(each such controversy or claim, a “Claim”) shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes to a neutral third party (an arbitrator) for a binding decision, instead of having such disputes decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.

2 Arbitration Procedures

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Los Angeles County, California, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of California, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Minnesota law governing arbitration agreements will apply. All disputes regarding the enforceability, validity, or applicability of these arbitration provisions shall be determined exclusively by an arbitrator, not a court.

3 Exclusion from Arbitration

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt out of these arbitration procedures within 30 days from the date that you first purchase any of Psyched! Supplements’ products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to:

Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with Psyched! Supplements. You are responsible for ensuring Psyched! Supplements’ receipt of your opt-out notice, and you may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your Claim in arbitration.

4 Class Action Waiver

You and Psyched! Supplements agree that you may bring or participate in Claims against Psyched! Supplements only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.

Unless both you and Psyched! Supplements agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding.

Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.