Thickspores.com TERMS OF SERVICE

Terms and Conditions READ CAREFULLY. This Terms of Use Agreement (“Terms of Use,” “Terms of Service,” or “Terms and Conditions”) applies to use of the thickspores.com website located at https://thickspores.com/ (the “Site”). The Site is the property of Thick Spores, LLC (“thickspores.com”). Before you make any purchases, you must first agree to this Terms of Use. If you do not understand what you are agreeing to then either seek professional legal council or do not place an order. BY CLICKING “I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE, (OR ANY OTHER SIMILAR BUTTON OR LINK)” YOU AGREE TO THESE TERMS OF USE, AND ARE FULLY BOUND TO THE CONDITIONS OF THIS CONTRACT, INDEFINITELY. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON, DO NOT PURCHASE ANY PRODUCTS AND DO NOT USE THE SITE. PURCHASE OF ANY PRODUCT SHALL BE DEEMED A FULL AGREEMENT TO THESE TERMS OF THIS CONTRACT, AND A CLEAR INTENT TO ENTER INTO CONTRACT WITH Thick Spores, LLC

OBLIGATION OF BUYER: Buyers obligation to thickspores.com is to pay their order total, IN FULL, and to understand and agree to perform to the full extent of all/any other agreements, terms, and provisions set forth in this contract.

OBLIGATION OF Thickspores.com: To ship the product(s) that are ordered through the website by the BUYER, as described in each items short description, within a reasonable amount of time after the order has been paid for in full, including but not limited to, order total, shipping fees, and handling fees.

thickspores.com reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, thickspores.com grants you (“End User”) a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Notices and Conditions of Sale: Buyer hereby agrees that their intent in purchasing any product on this website is to use the product(s) for microscopy, taxonomy, or collections purposes ONLY, and their intent is NOT to attempt to cultivate or grow spores which can produce Psilocybin, or any other or any controlled substance under Federal Law, or relevant State law. Buyer understands and agrees that this substance is in fact illegal and classified under Federal law, as a DEA Schedule 1 prohibited substance. Buyer understands and agrees that the distinction is that no mushroom spore contains the substance Psilocybin, psilocin, or any controlled substance under Federal Law, at this time. Buyer agrees that buyer has thoroughly investigated their State’s and local laws, to the best of buyers ability, and that buyer has found that it is not illegal to import or possess the product that is being ordered. Buyer further agrees that if it is illegal to possess any product that they have ordered, buyer has permission from the relevant authority, department, or agency, etc., to possess the items that they have ordered. Further, buyer agrees that they will not request instructions for how to cultivate spores which may produce Psilocybin, and that thickspores.com will not respond to such requests. If buyer is in breach of these terms, and reveals any illegal intent, or intent that is outside of what has already been mentioned in these terms, or asks any representative of Thick Spores, LLC/thickspores.com for growing instructions, buyer hereby agrees that any warranty on their products will become immediately VOID, and that Thick Spores, LLC/thickspores.com WILL NOT provide them with any support, for any reason.
2. Access to Site: You also agree that thickspores.com may, in its sole discretion and without prior notice to you, terminate your access to the Site for any reason, including without limitation: (i) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (ii) overcoming software security features limiting use of or protecting any content, (iii) discontinuance or material modification of the Site or any service offered on or through the Site, (iv) violations of this Terms of Use, (v) failure to pay for purchases, (vi) suspected or actual copyright infringement, (vii) unexpected operational difficulties. You agree that thickspores.com will not be liable to you or to any third party for termination of your access to the Site.
3. Consent To Collection, Use & Disclosure of Your Personal Information: For you to place an order through thickspores.com you must disclose certain Personally Identifiable Information. As a condition of placing orders with our Site, you represent that you consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information. While thickspores.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL thickspores.com BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER thickspores.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail: By placing an order with us, you grant permission for thickspores.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at [email protected] or follow the opt-out procedures set forth in such marketing emails.
5. Additional Conditions of Sale and Payment Terms: To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a resident of the United States of America (unless placing an international order), exclusive of its commonwealths, territories and possessions (“United States”). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. Further, should you provide us with incorrect billing information, and your card receives a charge, but we are not compensated due to the transaction being declined, you hereby agree that thickspores.com is not responsible for such charge, and that you will directly contact your bank, or the issuing company of the card to dispute such transaction. All sales of products and services are final. All charges from those sales are nonrefundable. If you wish to request a cancellation of an order, thickspores.com may consider it, if made prior to shipping notification of the product(s) that you paid for; under no circumstances will thickspores.com consider canceling an order which has already shipped. If thickspores.com decides to refund your order prior to shipping, you agree to be charged, and pay a 20% restocking fee for the total of the order that you placed. If you claim that a spore or other item has perished in shipment, then thickspores.com may, at its sole discretion, either refund the order or ship out new product, but it is not obligated nor required to. Furthermore, you hereby agree and understand that thickspores.com does not under any circumstances ship an item with living mycelium in them. If spores germinate into mycelium during transit, it is considered and act of God, and thickspores.com is not responsible for such act of God. You hereby agree that you will dispose of said item that has had spores germinated within it during transit. thickspores.com will not refund nor replace any item on the grounds that it was ruined due to spore germination or any reason similar, as it is an act of God, and we cannot control God’s actions.
6. Methods of Payment, Credit Card Terms and Taxes: All payments must be made by VISA MasterCard or Discover, PayPal account transfer or BitCoin. Unless expressly set forth on the thickspores.com site, we do not accept any other payment form except Money Orders, or cash. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT thickspores.com, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify thickspores.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If thickspores.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by thickspores.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. thickspores.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Virginia and any other states or localities that it deems is required.
7. Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. thickspores.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. thickspores.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by thickspores.com upon shipment of products or performance of services that you have ordered. Title to goods passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
8. No Responsibility To Sell Mispriced Products Or Services: thickspores.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. thickspores.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, thickspores.com shall immediately issue a credit to your credit card account in the amount of the charge. 9. Modifications to Prices or Billing Terms: thickspores.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
9. You hereby agree that upon notice of shipping your order, both buyer (you) and thickspores.com have fulfilled their obligations of this contract, and no further service by either party shall be expected, nor will it be required as part of any obligation or warranty. If further service is required by the buyer, it will be at thickspores.com sole discretion to provide any further service, but thickspores.com is not in any event required to do so.
10. Once an order is given to the shipping provider chosen, buyer hereby releases and indemnifies thickspores.com of any liability, or responsibility of the package, package contents (products purchased from thickspores.com), or order. If there is any form of issue with delivery, or state of packaging, including, but not limited to damage, or theft, thickspores.com is not liable or responsible. If buyer contacts thickspores.com about any issue arising from the shipping provider, it will be at thickspores.com sole discretion to act upon said claim, but in no event is thickspores.com liable to replace said order without full compensation of the order total, including new shipping fees, packaging costs, and handling fees, and any other fee deemed necessary by thickspores.com.
11. Indemnification: You agree to indemnify and hold harmless thickspores.com and its officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
12. No customer may involve any third party, file any claim, charge-back, or reversal of fees paid, of any kind, without first contacting thickspores.com by e-mail, or any other method of contact that is prescribed on the website. Failure to contact us to resolve such dispute before involving a third party will void all terms of this contract, and immediately result in the buyer being in breach and default of this agreement. Further the charge-back, claim, etc. will be disputed by thickspores.com. Should buyer lose such charge back, claim, etc. buyer shall forfeit the total payment made to thickspores.com as remuneration, and payment of said breach and default of this contract, and further, the order will be voided, cancelled, and deleted,  and all future orders shall be cancelled, and prohibited from buyer.
13. General: No delay or failure to take action under this Terms of Use shall constitute any waiver by thickspores.com of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Thick Spores, LLC permitted successors and assigns. This Terms of Use shall be governed by the laws of the State of Virginia without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Bath County, Virginia and/or in the State of Virginia. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Thick Spores, LLC may freely assign this Terms of Use without consent or notice. This Terms of Use constitutes the complete and exclusive agreement between thickspores.com and the Buyer (you) with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.