Terms and Conditions

This agreement applies between you, the User of this Website, and OMGM LLC, the owner of thickcultures.com. By accessing and using this Website, you agree to comply with and be bound by these terms and conditions. If you do not agree, please discontinue use of the Website immediately.

1. Definitions and Interpretation

In this Agreement, the following terms shall have the following meanings:

“Content”: Any text, graphics, images, audio, video, software, data compilations, and other information capable of being stored in a computer that appears on or forms part of this Website. “Service”: Collectively, any online facilities, tools, services, or information that thickcultures.com makes available through the Website, now or in the future. “System”: Any online communications infrastructure that thickcultures.com provides through the Website, including but not limited to web-based email, message boards, live chat facilities, and email links. “User”/”Users”: Any third party that accesses the Website and is not employed by OMGM LLC and acting in the course of their employment. “Website”: The website you are currently using (thickcultures.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. Intellectual Property

2.1 All Content included on the Website, unless uploaded by Users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code, and software, is the property of OMGM LLC, our affiliates, or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable United States and international intellectual property and other relevant laws.

2.2 Subject to sub-clause 2.3, you may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by OMGM LLC.

2.3 Material from the Website may be re-used without written permission where any of the exceptions detailed in Title 17 of the United States Code apply.

3. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of OMGM LLC or our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of their use. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

4. Links to this Website

We welcome and encourage links to thickcultures.com from other websites. You may link to any publicly accessible page on our Website without prior permission. We appreciate when other sites find our content valuable enough to reference.

5. Use of the Website and Our Service

5.1 You expressly agree and acknowledge that thickcultures.com:

(i) is a technology provider in the field of mycology; (ii) is not a licensed medical or adult-use magic mushroom retailer, brand, or cultivator; (iii) does not itself provide delivery services to consumers; (iv) does not employ or contract drivers who provide delivery services; (v) does not cultivate, manufacture, package, label, test, or sell medical or adult-use mushrooms.

5.2 It is the sole responsibility of the retailer to offer its services to you in a legal and compliant manner, facilitated through its use of the thickcultures.com platform. OMGM LLC has no responsibility or liability for any delivery services provided to you by retailers or their drivers or provided by you as a driver to consumers.

5.3 You must be at least 18 years old to use thickcultures.com and must be at least 21 years old to use thickcultures.com to order, receive, or facilitate delivery of mycology spores. By using thickcultures.com, you expressly represent and warrant that you are at least 18 years old, are legally entitled to enter into this Agreement, and have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

6. 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 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 they have thoroughly investigated their State’s and local laws, to the best of their ability, and have 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, they have permission from the relevant authority, department, or agency to possess the items ordered.

Buyer agrees that they will not request instructions for how to cultivate spores which may produce Psilocybin, and that thickcultures.com will not respond to such requests. If Buyer is in breach of these terms, reveals any illegal intent, or asks any representative of thickcultures.com for growing instructions, Buyer hereby agrees that any warranty on their products will become immediately VOID, and OMGM LLC will NOT provide any support for any reason.

7. Refund and Warranty Policy

7.1 No Refunds: All sales are final. OMGM LLC does not provide refunds for any products purchased through thickcultures.com under any circumstances.

7.2 Replacement-Only Policy: In lieu of refunds, OMGM LLC offers product replacements at our sole discretion for qualifying issues covered under our warranty.

7.3 30-Day Warranty: OMGM LLC provides a limited 30-day warranty from the date of purchase for product viability and contamination-free quality only. This warranty covers:

• Product viability (ability to perform as intended for microscopy purposes)
• Contamination-free guarantee at time of shipment

7.4 Warranty Claims: To submit a warranty claim, you must:

• Contact us within 30 days of purchase
• Provide proof of purchase
• Provide photographic or other evidence of the product defect
• Have not violated any terms of this Agreement

7.5 Warranty Exclusions: This warranty does not cover:

• Improper storage or handling after delivery
• Damage caused by User error or negligence
• Products that have been tampered with or modified
• Any issues arising after 30 days from purchase date
• Any violations of the Conditions of Sale outlined in Section 6

8. Shipping and Delivery Terms

8.1 FOB Shipping Point: All products are sold Free On Board (FOB) shipping point. Title and risk of loss pass to the Buyer upon delivery of the products to the shipping carrier. Once a package has been delivered to the shipping carrier, OMGM LLC is not responsible for any loss, damage, delay, or other issues that occur during transit or delivery.

8.2 Shipping Carrier Responsibility: OMGM LLC uses third-party shipping carriers (including but not limited to USPS, UPS, FedEx) through our shipping management provider, ShipStation. We are not the shipping carrier and do not provide delivery services directly.

8.3 Shipping Method Selection and Substitution: As the shipper, OMGM LLC retains the sole responsibility and discretion to select the most appropriate shipping service for your order. You acknowledge and agree that:

• OMGM LLC may choose a different shipping carrier or service than the one selected by the Buyer at checkout
• Shipping method substitutions may occur without prior notice to the Buyer
• Reasons for substitution include, but are not limited to: (i) when the Buyer’s selected shipping service costs more than the amount paid, (ii) when the selected service is unavailable or inappropriate for the destination, (iii) when operational or logistical considerations require an alternative method, or (iv) at OMGM LLC’s sole discretion for any other reason
• OMGM LLC will select a substitute shipping method that provides comparable or better service when substitutions are made
• No refunds, credits, or compensation will be provided for shipping method substitutions

8.4 No Responsibility for Carrier Issues: OMGM LLC is not responsible for and provides no support for:

• Shipping carrier delays or delivery failures
• Lost, stolen, or damaged packages while in carrier possession
• Tracking service issues or tracking information not updating
• Carrier routing decisions or delivery attempts
• Weather-related delays or natural disasters affecting delivery
• Incorrect delivery addresses provided by the Buyer
• Carrier service interruptions or strikes

8.5 Carrier Claims: Any claims for lost, damaged, or delayed shipments must be filed directly with the shipping carrier by the Buyer. OMGM LLC does not file claims on behalf of customers or provide compensation for carrier-related issues.

8.6 Tracking Support: While we provide tracking information when available, OMGM LLC does not provide customer support for shipping carrier tracking services. For tracking inquiries, delivery status, or delivery issues, Buyers must contact the shipping carrier directly.

8.7 Address Accuracy: It is the Buyer’s sole responsibility to provide accurate and complete shipping information. OMGM LLC is not responsible for packages shipped to incorrect addresses provided by the Buyer.

9. Data Collection and Third-Party Services

9.1 Consent to Data Collection: By using thickcultures.com, you expressly consent to the collection, use, and sharing of your data as described in our Privacy Policy.

9.2 Analytics and Tracking Services: You acknowledge and consent to our use of the following third-party services to analyze website usage, improve user experience, and optimize our services:

• Google Analytics: For tracking website traffic, user behavior, and site performance
• Microsoft Clarity: For capturing user interactions through behavioral metrics, heatmaps, and session replay

9.3 Shipping Management: You acknowledge and consent to our use of ShipStation, a third-party shipping management platform, which will process your order information including name, shipping address, and order details for fulfillment purposes.

9.4 Cookies and Tracking Technologies: You consent to our use of cookies and similar tracking technologies as detailed in our Privacy Policy. These technologies are essential for website functionality, security, and service improvement.

9.5 Privacy Policy Incorporation: Our Privacy Policy, available at https://thickcultures.com/privacy-policy/, is incorporated into these Terms and Conditions by reference. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

9.6 Data Sharing with Third Parties: You acknowledge that your information will be shared with our third-party service providers (including payment processors, ShipStation, shipping carriers, analytics providers, and spam detection services) as necessary to provide our services to you.

10. Limitation of Liability

To the maximum extent permitted by law, OMGM LLC accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

OMGM LLC specifically disclaims any liability for losses or damages arising from shipping carrier performance, delivery delays, lost packages, tracking service issues, shipping method substitutions, or any other matters related to the shipping and delivery process once products have been transferred to the shipping carrier.

11. Severability

If any of these terms and conditions are found to be unlawful, invalid, or otherwise unenforceable, that provision is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.

12. Governing Law

These terms and conditions and the relationship between you and OMGM LLC shall be governed by and construed in accordance with the laws of the State of Virginia, and you agree to submit to the exclusive jurisdiction of the courts of Virginia.

13. Changes to These Terms and Conditions

OMGM LLC reserves the right to change these terms and conditions at any time. Any such changes will be binding on Users from the date they are posted on the Website. Users are advised to check the terms and conditions regularly to ensure familiarity with the current version.

14. Contact Information

For any questions or concerns regarding these terms and conditions, please contact us at https://thickcultures.com/contact-us/ or email us at [email protected].

Last updated: November 10, 2025