Terms of service
NC MUSHROOMS – TERMS OF SERVICE
OVERVIEW
Welcome to NC Mushrooms. The terms “we,” “us,” and “our” refer to NC Mushrooms. NC Mushrooms operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). NC Mushrooms is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms” or “Terms of Service”), describe your rights and responsibilities when you use the Services, purchase our products, or interact with our website.
Please read these Terms of Service carefully, as they include important information about your legal rights, and cover areas such as health and safety disclaimers, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy, Refund Policy, and Shipping Policy, all of which are available through links on our website. If you do not agree to these Terms of Service or our policies, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment details, and shipping address. You represent and warrant that all information you provide is true, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person. You agree to notify us promptly if you suspect any unauthorized access or use of your account.
SECTION 2 – OUR PRODUCTS AND HEALTH DISCLAIMER
NC Mushrooms produces mushroom-based dietary supplement products, including capsules, tinctures, and powders. Our products are made from whole mushrooms grown in controlled environments using our internal cultivation and extraction methods. Our supplements are not prescription medications and are not intended to diagnose, treat, cure, or prevent any disease.
The information on our website is for general educational and informational purposes only. It is not medical advice and is not a substitute for consultation with a physician or other qualified healthcare provider.
You should always consult your healthcare provider before using dietary supplements, especially if you are pregnant, nursing, taking prescription or over-the-counter medications, or have any medical condition. Discontinue use and consult a healthcare provider if you experience any adverse reaction.
Required FDA Disclaimer:
Statements regarding dietary supplements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure, or prevent any disease. Individual results vary.
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors, size, and appearance may differ from how they appear on your screen due to device type, settings, and lighting. We do not warrant that the appearance, quality, or perceived effects of any products purchased by you will meet your expectations or be identical to images or descriptions on the website.
All product descriptions, formulations, and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products or services that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase the products in your cart under these Terms. NC Mushrooms reserves the right to accept or decline any order in its sole discretion. Your order is not accepted until we confirm acceptance, typically via order confirmation email. We must receive and successfully process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation or change requests once an order is accepted and processing has begun. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to our Refund Policy and Shipping Policy, which are incorporated into these Terms by reference and are available via links on our website.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export without our prior written consent.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions 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. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices in our online store may differ from prices offered in any physical location or in online or other stores operated by third parties. From time to time, we may offer promotions or discounts that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern for that specific promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
Shipping, risk of loss, and delivery expectations are described in more detail in our Shipping Policy, which forms part of these Terms.
We are not liable for shipping or delivery delays. All delivery times displayed at checkout or in order confirmations are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, adverse weather, natural events, or other circumstances outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you. It is your responsibility to provide a complete and accurate shipping address. If an order is delayed, misdelivered, or returned due to an incorrect or incomplete address, you may be responsible for additional shipping costs, and refunds may be limited or unavailable, consistent with our Shipping and Refund Policies.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product labels, product descriptions, educational content, video, and audio, and the design, selection, and arrangement thereof, are owned by NC Mushrooms, its affiliates, or licensors and are protected by United States and foreign copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through the Services without our prior written consent, except for automatic caching by your browser and for your own limited personal use.
Except as expressly provided herein, nothing in these Terms grants, or shall be construed as granting, a license or other rights to you under any patent, trademark, copyright, or other intellectual property of NC Mushrooms, Shopify, or any third party. Unauthorized use of the Services may violate federal and state law. All rights not expressly granted herein are reserved by NC Mushrooms.
NC Mushrooms’ names, logos, product and service names, designs, and slogans are trademarks or trade dress of NC Mushrooms or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to tools or features offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be deemed part of the Services and subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of those third-party materials or websites.
If you decide to leave the Services and access these third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources, or content on or through those websites. You should carefully review the third-party’s terms, policies, and practices before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
NC Mushrooms is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly between you and NC Mushrooms.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales, fulfillment, or customer support related to your purchases from NC Mushrooms, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your transactions with NC Mushrooms.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which is available through a link on our website. Because the Services are hosted by Shopify, certain personal information may also be subject to Shopify’s privacy practices.
By using the Services, you acknowledge that you have read our Privacy Policy and understand how personal information is collected, used, and shared. You also acknowledge that information you submit to the Services may be transmitted to and processed by Shopify and other third-party service providers, which may be located in countries other than your own.
SECTION 11 – FEEDBACK AND USER CONTENT
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photos, or other content (collectively, “Feedback” or “User Content”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such content in any medium for any lawful purpose, including to operate, improve, and promote the Services and our products.
You represent and warrant that: (i) you own or have all necessary rights to any Feedback or User Content you submit; (ii) your Feedback is accurate and not misleading; and (iii) your Feedback and its use by us will not violate any rights of any third party or any law.
We may, but have no obligation to, monitor, edit, or remove Feedback or User Content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You are solely responsible for any Feedback or User Content you submit and for any consequences arising from it.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order), to the extent permitted by law.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms. You may not use the Services:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any person;
(e) to submit false or misleading information;
(f) to upload or transmit any code, file, or software that may damage or interfere with the operation of the Services or any related website;
(g) to send spam, chain letters, junk mail, or any other form of unsolicited communications;
(h) to impersonate any person or entity or misrepresent your affiliation; or
(i) to engage in any other conduct that, in our judgment, restricts or inhibits anyone’s use or enjoyment of the Services or may harm NC Mushrooms, Shopify, or other users.
We reserve the right to suspend, disable, or terminate your access to the Services at any time, without notice, if we believe you have violated these Terms or engaged in inappropriate or unlawful conduct.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services, or any part of them, at any time, without notice, for any reason, including if we believe you have violated these Terms. You will remain liable for all amounts due up to and including the date of termination.
Sections that by their nature should survive termination (including but not limited to Intellectual Property, Feedback and User Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Privacy) will continue to apply after termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information and educational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY NC MUSHROOMS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL NC MUSHROOMS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
Without limiting the foregoing, NC Mushrooms is not responsible for: (a) misuse of our products; (b) allergic reactions or sensitivities; (c) interactions with medications or pre-existing conditions; (d) adverse health outcomes related to supplement use; or (e) lost, stolen, or misdelivered packages where the carrier marks the order as delivered to the address you provided.
Our total liability for any claim arising from or relating to your use of the Services or products will not exceed the total amount you paid to NC Mushrooms for the specific order giving rise to the claim.
Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, so some limitations above may not apply to you.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless NC Mushrooms, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or expenses (including reasonable attorneys’ fees) arising out of or related to: (1) your breach of these Terms or any policies incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your use or misuse of the Services or our products.
We will notify you of any such claim and may, at our option, assume the exclusive defense and control of the matter. You agree to cooperate with any reasonable requests in assisting our defense.
SECTION 18 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms. The validity and enforceability of the remaining provisions will not be affected.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service, together with our Privacy Policy, Refund Policy, Shipping Policy, and any other policies posted on the website, constitute the entire agreement and understanding between you and NC Mushrooms regarding your use of the Services and purchase of products, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent. Any attempted assignment in violation of this provision is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without notice or consent.
SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services are governed by and construed in accordance with the laws of the State of North Carolina and applicable federal law, without regard to conflict-of-law principles.
You and NC Mushrooms agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your purchase or use of our products will be brought exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of such courts.
SECTION 22 – HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of the Terms.
SECTION 23 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Where required by law, we will notify you of material changes. Your continued use of or access to the Services following any changes to these Terms of Service constitutes acceptance of those changes.