OUR #1 PRIORITY IS CUSTOMER HAPPINESS!
THE MUSHROOM SPORE STORE TERMS AND CONDITIONS
Last Updated: January 1st, 2023
1. IMPORTANT INFORMATION
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully. These terms require the use of binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. By accessing this site and placing an order for products from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions. You may not order or obtain products from this site if:
(a) You do not agree to these terms
(b) You are not the older of; (i) At least 18 years of age or; (ii) Legal age to form a binding contract,
(c) You are prohibited from accessing or using this website or any of this website’s contents or goods by applicable law or if the laws of your jurisdiction prohibit you from purchasing any applicable goods from this website.
2. ORDER ACCEPTANCE AND CANCELLATION
(a) You agree that your order is an offer to buy, under these Terms, all products listed in your order (“Products”). All orders must be accepted by us before fulfillment. If we do not accept an order, we are not be obligated to sell the Products to you. We may choose not to accept orders at our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail.
(b) We reserve the right to refuse any order for Products placed by a person under the age of 18, in violation of these Terms, or which requires shipment to a jurisdiction where the Products are deemed illegal or otherwise banned, in our sole discretion. Under no circumstances will We ship any Product to addresses in California, Idaho, or Georgia. Any order requesting shipment to California, Idaho, or Georgia will be refused, voided, and refunded, as necessary. If we refuse an order, we will send you a message stating such refusal to the e-mail address you provided with your order.
3. PRICES AND PAYMENT TERMS
(a) Prices posted on this Site may be different than prices offered by us and other retailers both on the internet and at physical locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) From time to time we may offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will govern.
(c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit cards, debit cards, cash, check, and wire transfer for all purchases. Charges to your credit card will appear listing the brand and/or description of the Product(s) you ordered. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the order, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
4. SHIPMENTS, DELIVERY, TITLE AND RISK OF LOSS
(a) We will arrange for shipment of the Products to you following your order. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. GOODS NOT FOR RESALE OR EXPORT BY CUSTOMERS
You, as a direct customer of the Products, represent and warrant that you are buying Products from the Site for your own research and/or identification purposes only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States, excluding California, Idaho, and Georgia
6. INTELLECTUAL PROPERTY
(a) This site and all of its contents (the “Content”) are the sole property of the Mushroom Spore Store. This includes the graphics, logos, interface, layout, design, sounds, text, color scheme, blog posts, press releases, certain Product names, Product descriptions and lists, trademarks, software code, menus, and all other materials on this site. Marketing materials and logos, and derivations thereof are trademarked, and related words, logos, slogans, and designs and are the property of or licensed to us. You are not entitled to use, in any way, any of the intellectual property on this site for any reason without our written consent prior to such use.
(b) Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Content on this site. This license does not allow you to resell or make any commercial use of the site, its Contents, or our Products sold through the site; make any derivative use of any of our Content; download, copy, or other use any Content or Account information for the benefit of any third party; or use any data mining, robots, or similar data gathering and/or extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or our licensors, suppliers, publishers, rightsholders, or other content providers. No Content on, or Product sold through, this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our Products or Content. You may use our site only as permitted by applicable law and these Terms. The limited licenses we have granted you pursuant to this subsection will terminate if you do not comply with these Terms.
(c) The Site may contain logos, trademarks, or other intellectual property belonging to third parties not affiliated with us. You are responsible for complying with all legal obligations and the intellectual property policies related to any use by you of any third party’s intellectual property displayed on this site. You agree to indemnify and hold us harmless for any damage or loss caused or alleged to be caused by your use of any third party’s intellectual property or proprietary information displayed on this site.
(d) The Site may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external websites, and do not endorse and are not responsible or liable for any content, advertising, Products and/or other materials on or available from such websites. You further acknowledge and agree that we 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 use of or reliance on any such content, goods, or services available on or through any such websites.
(e) We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the Accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information: (i) A description of the copyrighted work that you believe has been infringed upon and a description of the infringing activity; (ii) A description of the location of the material that you believe is infringing; (iii) Your contact information, including address, telephone number and email address; (iv) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner; (vi) A physical or electronic signature by you; and (vii) Send the written notice to the following address:
THE MUSHROOM SPORE STORE – P.O. Box 1070 Avon, CO. 81620
8. RETURNS AND REFUNDS
We want you to feel confident with your purchase and want to provide you with the highest quality customer service. The warranties set forth in Section 11 of these Terms govern all returns, replacements and refunds.
9. USAGE LIMITATIONS
(a) You may not: (i) Submit any false or misleading information to this site or use this site to submit any false or misleading information to us or any other party; (ii) Use this site to access any private network of ours, any other private proprietary information belonging to us, or any other information not intended for customer use; (iii) Upload any harmful computer program or component, including any virus, malware, bot, trojan, worm, bomb, or any other computer component, program or action designed to damage and/or alter this site in any way, or to receive any proprietary information belonging to us; (iv) Take any action that disrupts or changes the functionality, content or accessibility of this site, including any act that takes down the site; (v) Disguise your origin or that of any message sent by you, pretend to be somebody or something else, or impersonate anybody or anything;
(vi) Use this site in any way for any purpose that is unlawful or in violation of these Terms; or, (vii) Upload any content, including, but not limited to comments, feedback, or other submissions, that contains unlawful, offensive, threatening, libelous, defamatory, or otherwise objectionable material in violation of these Terms.
(b) User Accounts. You may access our Site by a user account (“Account”) using a username and password provided by you to us. You agree that we may access your Account for any reason in our sole and absolute discretion. You further acknowledge, consent, and agree that we may disclose your account (and its contents) if required to do so by applicable law or if we have a good faith belief that such disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims; and/or (iv) protect the rights, property, or personal safety of us, our users and/or the public.
(c) You are solely responsible for maintaining the confidentiality of your Account. Including all activities occurring under your Account and all access to, and use of the Site by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. We shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Site is in compliance with these Terms. You further acknowledge and accept that we shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to the Site, which is defined as a matching and current member sign-in and user password. You shall notify us immediately of any unauthorized access to your Account or any other unauthorized use of the Site.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
(a) If you send certain submissions to the Site or to websites linked to or from the Site (for example, contest entries, blog entries, or social media posts) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any Comments.
(b) We may, but have no obligation to, monitor, edit, or remove Comments or content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
(c) You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or a third-party as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
11. LIMITED WARRANTY AND DISCLAIMERS FOR DIRECT TO CUSTOMER SALES
This limited warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state. We warrant that during the customer warranty period, the products purchased from the site will be free from defects in materials and workmanship. To the extent not prohibited by law, this warranty is exclusive and in lieu of all other warranties, oral, written, statutory, express or implied. Except for the express warranties contained in this limited warranty statement and to the extent not prohibited by law, we disclaim all other warranties, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability and fitness for a particular purpose. Some states limit or do not allow the disclaimer of implied or other warranties, so this disclaimer may not apply to you. To the extent such warranties cannot be disclaimed under the laws of your jurisdiction, we limit the duration and remedies of such warranties to the duration of this express limited warranty. Our responsibility for defective products is limited to repair, replacement, or refund as set forth in these terms. Neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our suppliers, agents or employees will create a warranty, or in any way increase the scope or duration of this limited warranty.
(a) Products manufactured by a third party (“Third Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. Third Party Products are not covered by the warranty in this Section 11. For the avoidance of doubt, we make no representations or warranties with respect to any third-party product, including any (i) Warranty of merchantability; (ii) Warranty of fitness for a particular purpose; (iii) Warranty of title; or (iv) Warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
(b) Who May Use This Warranty? This limited warranty extends only to the original customer who purchased the Products from the Site. It does not extend to any subsequent or other owner or transferee of the Product or any transferee or other beneficiary of any services provided, if any.
(c) What Does This Warranty Cover? This limited warranty covers during the Customer Warranty Period (as defined below) defects in materials and workmanship in Products purchased from the Site.
(d) What Does This Warranty Not Cover? This limited warranty does not cover any damage due to: (i) Transportation; (ii) Storage; (iii) Improper use; (iv) Failure to follow Product instructions; (v) Modifications; (vi) Combination or use with any Products, materials, processes, systems or other matter not provided or authorized by us; or; (vii) External causes such as accidents, abuse, or other actions or events beyond our reasonable control.
(e) What is the Period of Coverage? This limited warranty starts on the date of your purchase and lasts for THIRTY (30) days (the “Customer Warranty Period”). The Customer Warranty Period is not extended if we repair or replace a warranted Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
(f) What Are Your Remedies Under This Warranty? With respect to any defective Products during the Customer Warranty Period, we will, in our sole discretion, either: (i) repair or replace such Products free of charge, or (ii) refund the purchase price of such Products.
(g) How Do You Obtain Warranty Service? To obtain warranty service, you must call or email the Mushroom Spore Store during the Customer Warranty Period to obtain a Return Merchandise Authorization “RMA” number. Once an RMA number is obtained, we will send an e-mail to you at the e-mail address provided by you upon your purchase of the Products describing the means in which we will honor this Limited Warranty.
(h) Limitation of Liability. The remedies described in this section 11 are your sole and exclusive remedies and our entire obligation and liability for any breach of this limited warranty. Our liability will under no circumstances exceed the actual amount paid by you for the defective product that you have purchased through the site, nor will we under any circumstances be liable for any loss of production, work, data, use, business goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
(i) What Can You Do if a Dispute Arises with Us? The informal dispute resolution procedure detailed in Section 14 is available to you if you believe that we have not performed our obligations under this limited warranty or these Terms.
12. FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. GOVERNING LAW AND JURISDICTION
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado.
14. DISPUTE RESOLUTION AND BINDING ARBITRATION
(a) You and we are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products through the site, will be resolved exclusively and finally by binding arbitration.
(b) Mandatory Binding Arbitration. (i) Any dispute, claim, interpretation, controversy, or issues of public policy arising out of relating to these Terms, including the determination of the scope or applicability of this Section 14, that is arbitrable will be determined exclusively by binding arbitration held in Denver, Colorado, and will be governed exclusively by the Colorado Revised Arbitration Act, §§ 13-22-201, et seq., C.R.S. (the “CRAA”). (ii) The arbitrator will be selected from the roster of arbitrators at Judicial Arbiter Group, Inc. in Denver, Colorado (“JAG”), unless the parties agree otherwise. If the parties do not agree on the selection of a single arbitrator within ten Business Days after a demand for arbitration has been made, then JAG will select the arbitrator from among its available professionals. An arbitration will be held in Denver, Colorado. Arbitration of all disputes and the outcome of the arbitration will remain confidential between the parties except as necessary to obtain a court judgment on the award or other relief or to engage in collection of the judgment. (iii) You and we irrevocably submit to the exclusive jurisdiction of the state courts located in Denver, Colorado, with respect to this Section 14 to compel arbitration, to confirm an arbitration award or order, or to handle court functions permitted under the CRAA. The parties irrevocably waive defense of an inconvenient forum to the maintenance of any such action or other proceeding. The parties may seek recognition and enforcement of any Colorado state court judgment confirming an arbitration award or order in any United States state court or any court outside the United States or its territories having jurisdiction with respect to recognition or enforcement of such judgment. (iv) Prior to resolution or a decision by the arbitrator, each party shall bear its own costs and expenses and an equal share of the arbitrator’s expenses and administrative fees of arbitration. The arbitrator shall award all costs, reasonable attorneys’ fees, and expenses of the arbitration proceeding to the substantially prevailing party, as determined by the arbitrator.
(c) You agree to an arbitration on an individual basis. In any dispute, neither you nor we will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
15. WAIVER OF THE DEFENSE OF ILLEGALITY
You hereby agree to waive any defense against the enforcement of this agreement by us arising out of the doctrine of illegality and/or any public policy arguments surrounding the subject matter of this agreement or any products purchased from us.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of Content or Products other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
17. ACKNOWLEDGEMENT OF PSILOCYBIN CUBENSIS PRODUCTS
(a) By agreeing to these terms and conditions you acknowledge that our Products may be used to cultivate fungus capable of producing psilocybin and/or psilocin, including Psilocybin Cubensis. Furthermore, you acknowledge that these Products have not been evaluated by any government agency, and we make no claims as to any regulatory compliance of our Products.
(b) These products are not intended for cultivation, redistribution, or consumption. The products offered on this site are intended for microscopy research and taxonomy purposes only. We reserve the right to cancel, refuse, and refund any order placed for any purpose other than microscopy and taxonomy research, including, but not limited to, the cultivation and harvesting of psilocybin cubensis.
18. ASSUMPTION OF RISK
By agreeing to these Terms, you acknowledge that there are federal, state, and local laws pertaining to psilocybin, and these laws vary by jurisdiction. You are responsible for compliance with all the laws of your jurisdiction, and you assume all liability with regard to the purchase, possession, and use of our Products. You acknowledge that the possession of Products sold on the Site are illegal in California, Idaho, and Georgia. Any and all claims you may have against us that arise from, or are related to, a civil or criminal enforcement action against you shall be governed by, and subject to, the dispute resolution terms in Section 14 herein.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 19 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
20. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ours.
21. NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to:
THE MUSHROOM SPORE STORE – P.O. Box 1070 Avon, CO. 81620
(b) We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
24. ENTIRE AGREEMENT
Find more information here.