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Terms and Conditions
Terms and Conditions READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the EarthsTongue.com website located at http://www.earthstongue.com (the "Site"). The Site is the property of Earth's Tongue, LLC ("EarthsTongue.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," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE. EarthsTongue.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, EarthsTongue.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: Do NOT attempt to cultivate or grow spores which can produce Psilocybin. This substance is in fact illegal and classified under Federal law, as a DEA Schedule 1 prohibited substance. The distinction is that spores do not contain the substance Psilocybin, and therefore it is not a controlled substance under Federal Law, at this time. You should always check with your State and Local laws to make sure you are complying with you jurisdiction. You agree that if you purchase such spores that you are not located in the states of Georgia, California, or Idaho. You also agree that under no circumstances will you attempt to cultivate or grow such spores in any way, and that your sole purpose for purchasing said spores is for legitimate scientific research. If we are contacted by any authority regarding your purchase of said spores, our records are open to them, as this is an above board and legitimate business. You also agree and understand that if you place on order from Georgia, California, or Idaho that we shall cancel your order and charge you a processing fee of $25.00. Do not request instructions for how to cultivate spores which may produce Psilocybin, we will not respond to such requests. 2. Access to Site: You also agree that EarthsTongue.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, or (viii) requests by law enforcement or other government agencies. You agree that EarthsTongue.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 EarthsTongue.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 EarthsTongue.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 EARTHSTONGUE.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 EARTHSTONGUE.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 EarthsTongue.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at support@EarthsTongue.com 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. 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, we may consider it, if made within 48 hours of the time of purchase; under no circumstances will we consider canceling an order which has already shipped. Items marked as Specialty Items (example: Sterilized Substrates and casing Soils), may take up to one month to prepare and ship. If you claim that a spore or other item has perished in shipment, then EarthsTongue.com may, at its sole discretion, either refund the order or ship out new product. If you decide to cancel an order involving any type of sterilized substrate including but not limited to jars or bags a $25 fee will be assessed per 6 pack of jars or per bag of substrate ordered. In order to be immune to this cancellation/restocking fee you must cancel an order within 48 hours of placing it. 6. Methods of Payment, Credit Card Terms and Taxes: All payments must be made by VISA MasterCard or Discover. Unless expressly set forth on the EarthsTongue.com site, we do not accept any other payment form except Money Orders. 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 EARTHSTONGUE.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 EarthsTongue.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 EarthsTongue.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by EarthsTongue.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. EarthsTongue.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Texas 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. EarthsTongue.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. EarthsTongue.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 EarthsTongue.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: EarthsTongue.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. EarthsTongue.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, EarthsTongue.com shall immediately issue a credit to your credit card account in the amount of the charge. 9. Modifications to Prices or Billing Terms: EARTHSTONGUE.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. 10. Indemnification: You agree to indemnify and hold harmless EarthsTongue.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. 11. General: No delay or failure to take action under this Terms of Use shall constitute any waiver by EarthsTongue.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 EarthsTongue.com's permitted successors and assigns. This Terms of Use shall be governed by the laws of the State of Texas 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 Bexar County, in the State of Texas. 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. EarthsTongue.com may freely assign this Terms of Use without consent or notice. This Terms of Use constitutes the complete and exclusive agreement between EarthsTongue.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
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