Terms & Conditions

Welcome to Texas Fungus LLC. These Terms and Conditions ("Terms") are an agreement between you and Texas Fungus LLC ("Texas Fungus," "we," "us," or "our"). They apply when you use [www.texasfungus.com] (the "Site"), place an order, or buy our products or services. By using the Site or making a purchase, you agree to these Terms, our Privacy Policy, and our Shipping and Refund policies. If you do not agree, please do not use the Site.

1. Eligibility & Accounts
2. Our Products
3. Food Safety & Allergies
4. Tinctures & Supplements
5. Orders, Pricing & Payment
6. Delivery, Shipping & Returns
7. Wholesale & Consulting
8. Site Content & Your Conduct
9. Disclaimers
10. Limitation of Liability
11. Indemnification
12. Governing Law & Disputes
13. Other Terms
14. Contact Us

You must be at least 18 years old, or the age of majority where you live, to make a purchase. If you are younger, you may use the Site only with a parent or guardian's involvement. If you create an account, you are responsible for keeping your login details secure, for all activity on your account, and for giving us accurate, up-to-date information. We may suspend or close accounts that break these Terms.

• Natural variation: Our mushrooms are a living, farm-grown crop. Size, shape, color, and weight vary naturally from what you see in photos. Weights are approximate at the time of packing.
• Availability: Varieties change with the seasons and harvest conditions. Everything we list depends on availability. If an item isn't available, we may offer a substitute, credit, or refund for that item.
• Descriptions: We try to describe our products accurately, but we don't guarantee that every description, photo, or other piece of content is complete, current, or error-free.
• Grow kits and supplies: Results depend on how you set up and care for them, so we can't guarantee a particular yield. See our Refund Policy for our grow kit guarantee.

• Refrigerate fresh mushrooms promptly after delivery or pickup, and cook them thoroughly before eating. See our FAQ for storage tips.
• Some people are sensitive or allergic to certain mushrooms. If you are trying a variety for the first time, start with a small amount. Stop eating it and seek medical care if you have a reaction.
• Our products are grown and packed in a facility that [does / does not] handle [list any allergens, e.g., soy used in growing substrate].
• Grow kits: Only eat mushrooms that grow from our kits and match the species on the label. Throw out anything that shows mold or contamination. Never eat wild or foraged mushrooms based on anything on our Site. Our content is not a guide to identifying wild mushrooms.

Our mushroom supplement products are sold as dietary supplements. These statements have not been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. Information on our Site is for general education and is not medical advice. Talk with a qualified healthcare provider before using supplements, especially if you are pregnant, nursing, or taking medication, or if you have a medical condition. Keep all products out of reach of children.

• Accepting orders: Placing an order is an offer to buy. A contract is formed only when we accept and fulfill your order. We may refuse or cancel any order, including orders that look fraudulent, orders with pricing errors, and orders over quantity limits. If we cancel an order after you've paid, we'll refund you in full.
• Prices: Prices are in U.S. dollars and may change without notice. If a product is listed at an incorrect price, we may cancel the order or contact you before we fulfill it.
• Taxes and fees: Applicable sales tax and delivery or shipping fees are calculated at checkout.
• Payment: Payment is due when you order. Payments are processed by third-party providers such as [Shopify Payments]. You confirm that you are authorized to use the payment method you provide.
• Promotions and gift cards: Discount codes can't be combined unless we say so. They have no cash value and may expire. Gift cards can't be redeemed for cash except where the law requires it.

Our Shipping Policy covers delivery, pickup, and shipping, and our Refund Policy covers returns, refunds, and our freshness guarantee. Both are part of these Terms. Responsibility for a product (risk of loss) passes to you when it is delivered, when you pick it up, or when we hand it to the carrier, whichever comes first.

A separate written agreement or invoice may govern wholesale purchases and farm consulting services. If it conflicts with these Terms, the separate agreement controls. Our consulting services give general guidance based on our experience. We don't guarantee any particular business, yield, or financial result. You are responsible for your own decisions, permits, licensing, and compliance with food-safety laws.

• Our content: Texas Fungus LLC or its licensors own the text, photos, recipes, logos, email content (including our meal intensive series), and other material on the Site. It is protected by copyright and trademark law. You may use it for personal, non-commercial purposes. You may not copy, sell, or republish it without our written permission.
• Your content: When you submit reviews, photos, comments, or other content, you give us a non-exclusive, royalty-free, perpetual license to use, display, and share it in connection with our business, including on social media, with credit where practical. You confirm that you have the rights to what you submit and that it is truthful and lawful.
• Prohibited uses: You agree not to use the Site for any unlawful purpose. You also agree not to interfere with the Site's security or operation, use bots or scrapers, submit false or misleading information, or buy products for unauthorized resale.
• Third-party links: The Site may link to websites we don't control, such as farmers markets, retailers, and social media. We are not responsible for their content or practices.
• Text messages and email: If you sign up for messages from us, our Privacy Policy explains how we handle them and how to opt out.

Except as expressly stated in these Terms or our Refund Policy, the Site and all products and services are provided "as is" and "as available." To the fullest extent the law allows, we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Site will be uninterrupted, secure, or error-free.

To the fullest extent the law allows, Texas Fungus LLC and its owners, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising from your use of the Site or our products or services. Our total liability for any claim will not exceed the amount you paid us for the product or service that gave rise to the claim.

Some jurisdictions don't allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that can't be limited under applicable law.

You agree to defend and indemnify Texas Fungus LLC, and hold it harmless, against claims, losses, and expenses (including reasonable attorneys' fees) that arise from your breach of these Terms, your misuse of the Site or our products, or content you submit.

The laws of the State of Texas govern these Terms, without regard to conflict-of-law rules. If you have a concern, please contact us first. Most issues can be resolved quickly and informally. Any lawsuit related to these Terms or our products must be brought in the state or federal courts located in Tarrant County, Texas, and you and we agree to those courts' jurisdiction. Either party may bring an eligible claim in small claims court.

• Changes: We may update these Terms at any time by posting a new version with a new "Last updated" date. The Terms in effect when you place an order apply to that order.
• Events beyond our control: We are not responsible for delays or failures caused by events outside our reasonable control, including weather, crop failure, power outages, carrier delays, and natural disasters.
• Severability: If any part of these Terms can't be enforced, the rest remains in effect.
• No waiver: If we don't enforce a provision, we have not given up our right to enforce it later.
• Assignment: You may not transfer your rights under these Terms. We may transfer ours, for example if the business is sold.
• Entire agreement: These Terms and the policies they reference are the entire agreement between you and us about the Site and your purchases.

Texas Fungus LLC

3201 E. Pioneer Parkway, Suite 9, Arlington, TX 76010

Phone: +1 (682) 410-0101