TERMS OF SERVICE

Effective Date: November 19, 2025
Entity: MUSHROOM MERCHANT
Address: 30025 Alicia Parkway, STE 669, Laguna Niguel, CA 92677
Email: admin@themushroommerchant.com

1. Acceptance of Terms

These Terms of Service (“Terms”) govern all purchases, access to products, and use of materials, content, and services provided by Mushroom Merchant (“Company”).
By purchasing, accessing, or using any Company product, service, or website, the customer (“Customer”) agrees to be legally bound by these Terms without limitation or qualification.

Customer acknowledges that these Terms form a binding contract between Customer and the Company.

2. Eligibility and Age Requirement

Company products and services are intended only for individuals 21 years of age or older.
By ordering or using Company products, Customer represents and warrants that:

3. Intended Use of Products

3.1 Gourmet and Edible Mushroom Species Only

All products sold by Mushroom Merchant are designed and intended exclusively for the legal cultivation of gourmet and edible mushroom species.

Products must not be used for:

3.2 No Spores or Genetic Material Provided

The Company does not sell or provide:

Customer acknowledges that the Company plays no role in the Customer’s selection or use of mushroom species or genetics.

3.3 Customer Legal Compliance

Customer assumes full responsibility for:

Illegal activity immediately voids any rights under these Terms.

4. Prohibited Conduct

Customer agrees not to:

  1. Use Company products for illegal cultivation
  2. Reverse engineer, replicate, or attempt to derive Company’s proprietary formulas, substrate compositions, or manufacturing processes
    • This does not prohibit customers from creating their own original substrate or formulas
  3. Resell Company products without written authorization
  4. Harass or abuse Company staff or communication channels
  5. Engage in conduct that violates applicable law or regulations

5. Storage, Handling, and Use Responsibility

Customer is solely responsible for:

Once delivered, the Company bears no liability for contamination, spoilage, or damage resulting from Customer handling or environmental factors.

6. Returns, Refunds, and Reporting Requirements

6.1 Eligible Returns: Defective Products Only

Returns are strictly limited to items:

Returns will not be accepted for:

6.2 Reporting Window

Customer must notify the Company within forty-eight (48) hours of delivery and provide:

6.3 Company Discretion

The Company retains sole authority to determine:

6.4 Incorrect Shipping Information

Customer is fully responsible for entering accurate shipping information.
If an incorrect address is provided and the order ships, no refund or replacement will be issued.

7. Assumption of Risk & Safety Disclosure

Customer acknowledges and agrees:

Customer releases the Company from all liability associated with cultivation risks.

8. No Medical Use or Claims

Products grown using Company materials are not intended for:

Company does not provide medical advice, and no content may be construed as such.

9. Third-Party Platforms, Payment Providers, and Shipping Carriers

Mushroom Merchant uses WooCommerce as its e-commerce platform, as well as third-party payment providers including but not limited to:

And shipping carriers including:

Customer acknowledges and agrees that:

10. Errors and Omissions

The Company reserves the right to:

The Company is not liable for unintentional inaccuracies.

11. U.S. Customers Only

Company products are intended for customers located in the United States only, unless the Company provides explicit written approval for international sales or use.

Customer agrees not to export or transport the products outside the U.S. without written authorization.

12. Intellectual Property

All formulas, substrate compositions, processes, labels, instructions, images, branding, text, logos, and website content are the exclusive property of Mushroom Merchant.

Unauthorized reproduction, distribution, scraping, modification, or exploitation is strictly prohibited.

13. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Company from all claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising from:

14. Warranty Disclaimer

ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
THE COMPANY DISCLAIMS:

Customer accepts full responsibility for all outcomes.

15. Limitation of Liability

To the fullest extent permitted by law:

These limitations apply even if the Company was advised of the possibility of such damages.

16. Binding Arbitration and Dispute Resolution

16.1 Notice and 30-Day Good-Faith Resolution

Before initiating arbitration, Customer must provide written notice and allow 30 days for informal resolution.

16.2 Binding AAA Arbitration (FAA-Governed)

If unresolved, disputes shall be resolved exclusively through individual binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

The Federal Arbitration Act (FAA) governs this arbitration agreement.

16.3 No Court or Jury

Customer waives the right to file suit in court or seek a jury trial.

16.4 Class Action Waiver

Customer agrees that all claims must be brought individually.
No class, collective, consolidated, representative, or mass actions are permitted.

16.5 Remote Arbitration

All arbitration proceedings shall be conducted remotely by video conference, unless both parties agree otherwise.

16.6 Exceptions

This Arbitration Agreement does not prevent:

  1. Either party from filing an individual small-claims action within jurisdictional limits
  2. The Company from seeking injunctive or equitable relief in court to protect:
    • Intellectual property
    • Confidential information
    • Brand integrity
    • Legal compliance
    • Claims involving fraud

16.7 Severability

If any portion of the arbitration agreement is unenforceable, the remainder shall remain in effect.

17. Governing Law

These Terms are governed by:

18. Force Majeure

The Company is not liable for delays or failures caused by circumstances beyond its control, including natural disasters, war, government action, supply chain disruptions, or technological failures.

19. Entire Agreement

These Terms constitute the entire agreement between Customer and the Company and supersede all prior communications.

20. Digital Consent

By purchasing or using Company products, Customer signifies acceptance of these Terms.

21. Contact

Mushroom Merchant
30025 Alicia Parkway, STE 669
Laguna Niguel, CA 92677
admin@themushroommerchant.com