Last Updated: March 2019

Sales Terms & Conditions

MycoTechnology, Inc. (“Company” or “we” or “us”) respects the privacy of the users of our website: (“Website”) and is committed to protecting it through compliance with this Privacy Policy.

This Privacy Policy describes the types of information we may collect from users of the Website (“you”) or that you may provide when you visit our Website, in email, text, and other electronic messages between you and this Website, when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy, and other information, including personal information, that we may collect from you online and offline, including through our various channels such as websites, apps, third party social networks, points of sale and events.  This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on this Website.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use this Website. By accessing or using this Website or agreeing to the cookie pop-up banner, you give your consent to and and accept and agree to be bound and abide by this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy below). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.

Children Under the Age of 13
Our Website is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features nor use any of the interactive or public comment features of this Website. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using the information in the Contact Information section below.

Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“);
That is about you but individually does not identify you; and/orAbout your internet connection, the equipment you use to access our Website and usage details.We collect this information:Directly from you when you provide it to us.Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.From third parties, for example, our business partners.

Information You Provide to Us.
The information we collect on or through our Website may include:Information that you provide by filling in forms on our Website. This includes information provided at the time of requesting further information. We may also ask you for information when you enter a contest or promotion sponsored by us, sign up for our newsletter, respond to a survey or marketing communication, and when you report a problem with our Website.Records and copies of your correspondence (including email addresses), if you contact us.Your search queries on the Website.Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.Information about your computer and internet connection, including your IP address, operating system, and browser type.We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. Feel free to contact us (see Contact Information section below) for more information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.The information we collect automatically may include personal information and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, by, for example, enabling us to:Estimate our audience size and usage patterns.Store information about your preferences, allowing us to customize our Website according to your individual interests.Speed up your searches.Recognize you when you return to our Website.The technologies we use for this automatic data collection may include:Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies. Note that if you disable cookies, some features may be disabled and some of our services may not function properly. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).Third-Party Use of Cookies and Other Tracking Technologies.Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.How We Use Your InformationWe process and use information that we collect about you or that you provide to us, including any personal information:To present our Website and its contents to you.To provide you with information, products, or services that you request from us.To fulfill any other purpose for which you provide it.To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection..To notify you about changes to our Website or any products or services we offer or provide though it.To allow you to participate in interactive features on our Website.To sell or transfer any relevant part of our business.To comply with law, manage our systems, conduct investigations, or exercise legal rights.In any other way we may describe when you provide the information.For any other purpose with your consent.We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, see Choices About How We Use and Disclose Your Information.We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.Disclosure of Your InformationWe may disclose aggregated information about our users, and information that does not identify any individual, without restriction.We may disclose personal information that we collect or you provide as described in this Privacy Policy:To our subsidiaries and affiliates.To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by our Company about our Website users is among the assets transferred.To fulfill the purpose for which you provide it.For any other purpose disclosed by us when you provide the information.With your consent.We may also disclose your personal information:To comply with any court order, law, or legal process, including to respond to any government or regulatory request.To enforce or apply our terms of use ( and other agreements.If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.Choices About How We Use and Disclose Your InformationWe strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. E.g. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly.Promotional Offers from the Company. If you do not wish to have your email address or other contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by contacting us (see Contact Information) and letting us know. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, product service experience or other transactions.Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us (see Contact Information) and letting us know. We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.Accessing, Correcting or Deleting Your InformationProper access and use of information provided on the Website is governed by our terms of use ( You may contact us (see Contact Information) to correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.Your California Privacy RightsCalifornia Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us (see Contact Information) with such request.Links to Other SitesThis Website may contain links to other sites that are not operated by the Company. WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE CONTENT OF SUCH OTHER WEBSITES, INCLUDING WEBSITES OPERATED BY AFFILIATED ENTITIES. We provide such links only as a convenience and the inclusion of a link on the site does not imply endorsement of the linked site by us. If you provide any personal information through any such third party website, your transaction will occur on such third party’s website (and not on this Website) and the personal information you provide will be collected by and controlled by the Privacy Policy of that third party. We recommend that you review the Privacy Policy of third party websites arrived at from links on this Website.Data SecurityWe have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.Retention of InformationWe take every reasonable step to ensure that your personal information is only processed for the minimum period necessary in connection with: (i) the purposes set out in this Privacy Policy; (ii) any additional purposes notified to you at or before the time of collection of the relevant personal information or commencement of the relevant processing; or (iii) as required or permitted by applicable law; and thereafter, for the duration of any applicable limitation period. For example, we will retain your personal information for as long as we maintain an ongoing relationship with you and you have not asked that we delete such personal information.Visiting our Website from Outside the United StatesIf you are visiting our Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By clicking the cookie banner or using the Website, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy and you consent to such use.No Rights of Third PartiesThis Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our Website.Changes to Our Privacy PolicyWe reserve the right to make changes in this Privacy Policy. These changes will take effect immediately upon posting. For your convenience, the date the Privacy Policy was last revised is identified at the top of the page. By continuing to use the Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Privacy Policy, please do not continue using the Website. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes.Governing LawThis Privacy Policy is governed by the laws of the State of Colorado, USA, without regard to its choice of law provisions.Contact InformationTo ask questions or comment about this Privacy Policy and our privacy practices, contact us at:MycoTechnology, Inc.18250 East 40th Avenue, Suite 50Aurora, CO 80011 USA+1

1.     Applicability

These terms and conditions of sale (these “Terms”) are the only terms which govern the sale of goods (“Goods”) by MycoTechnology, Inc. (“Seller”) to the purchaser of such goods (“Buyer”). The accompanying quotation, confirmation of sale, and/or invoice from Seller (“SalesConfirmation”) and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, written or oral, regarding the sale of Goods. Unless Buyer notifies Seller to the contrary within three (3) days after issuance of the Sales Confirmation, Buyer shall be deemed to have accepted these Terms andSeller may rely on this fact in performing. These Terms prevail over any inconsistent, contrary or additional terms related to the Goods in any purchase order or any other document from Buyer (and this shall serve as Seller’s objection under UCC §2-207(2)(c) to any such terms). Fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms or conditions nor serve to modify or amend these Terms. These Terms may only be amended or modified in a writing that specifically states that it amends these Terms and is signed by an authorized representative of Seller. Notwithstanding anything herein to the contrary, if a separate written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.

2.     Quotations and Orders.

Any quotation or proposal made by Seller is subject to satisfactory trade and credit references and shall only remain open for acceptance for thirty days, subject to revision for errors and availability of Goods. An “Order” shall exist upon Seller’s written confirmation, to be given at Seller’s sole discretion, to Buyer of a purchase order to purchaseGoods.

3.     Shipping and Delivery.  

(a)    After receipt of an Order, the Goods will be delivered to Buyer as stated in the SalesConfirmation, subject to availability of the Goods. Any date given by Seller for delivery of Goods is given as an estimate only and shall not constitute a term of any contract between the parties. Delivery shall be made EXW Seller’s designated facility. Seller shall not be liable for any delays, loss or damage in transit. Seller shall also not be liable for any delay in performance due to any cause beyond its reasonable control.  

(b)   Unless otherwise agreed in writing by the parties, Seller shall arrange for delivery of the Goods to the address specified by Buyer using Seller’s standard methods for packaging and shipping for such Goods and Seller will have discretion in selecting the carrier and broker. Title and risk of loss to Goods passes to Buyer upon delivery of such Goods to Buyer (or Buyer’s carrier) at EXW Seller’s designated facility (the “Delivery Point”). Buyer shall be responsible for all loading costs and shipping costs as well as import and export duties and all other payments and documentation for customs.

(c)    Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the Goods shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order.

4. Title and Risk of Loss.

Title and risk of loss passes to Buyer upon delivery of the Goods at the Delivery Point. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller alien on and security interest in and to all of the right, title and interest ofBuyer in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Colorado UniformCommercial Code.

5.     Inspection and Rejection of Nonconforming Goods.  

(a)    Buyer shall inspect the Goods within three (3) days of receipt thereof (“Inspection Period”) and will be deemed to have accepted the Goods unless it notifies Seller in writing during the InspectionPeriod of any Nonconforming Goods and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents.

(b)   If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i)replace such Nonconforming Goods with conforming Goods, or (ii) issue a credit for such Nonconforming Goods. Buyer shall return the Nonconforming Goods toSeller’s designated facility upon request from Seller. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer, the replaced Goods to theDelivery Point.

(c)    Buyer acknowledges and agrees that the remedies set forth in Section 5(b) are Buyer’s exclusive remedies, and Seller’s entire liability, for the delivery of Nonconforming Goods. Except as provided under Section 5(b), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

6.     Price.

Buyer shall purchase the Goods from Seller at the price (the “Price”) set forth in the Sales Confirmation. All Prices set forth in quotations are subject to change by Seller. All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer and Buyer shall be responsible for all such charges, duties and taxes.

7.     Payment Terms.  

(a)    Buyer shall pay all invoiced amounts due to Seller within 30 days from the date of Seller’s invoice. Buyer shall make all payments hereunder in US dollars and in accordance with the invoice.

(b)   Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly.Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder and such failure continues for five (5) days following written notice thereof.

(c)    Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller.

8.     Limited Warranty.  

(a)    Seller warrants to Buyer that the Goods will materially conform to Seller’s published specifications for such Goods for a period of the published shelf life for suchGoods (“Warranty Period”), provided that Buyer has continually stored and maintained the Goods in a sterile environment under cool, dry conditions and in food grade packaging.


(c)   Seller shall not be liable for a breach of the warranty set forth in Section 8(a) unless: (i) Buyer receives written notice of the defect, reasonably described, to Seller within three (3) days of the time when Buyer discovers or ought to have discovered the defect; (ii) Seller is given a reasonable opportunity after receiving the notice to examine such Goods and Buyer (if requested to do so by Seller) returns such Goods to Seller’s place of business at Seller’s cost for the examination to take place there; and (iii) Seller reasonably verifies Buyer’s claim that the Goods are defective.

(d)    Seller shall not be liable for a breach of the warranty set forth in Section 8(a) if: (i) Buyer makes any further use of such Goods after giving such notice; (ii) the defect arises because Buyer failed to follow Seller’s oral or written instructions as to the storage, use or maintenance of the Goods; or (iii) Buyer alters suchGoods without the prior written consent of Seller.

(e)   Subject to Section 8(c)and Section 8(d) above, with respect to any such defective Goods during theWarranty Period, Seller shall, in its sole discretion, either: (i) replace suchGoods (or the defective part) or (ii) credit or refund the price of such Goods at the pro rata contract rate provided that, if Seller so requests, Buyer shall, atSeller’s expense, return such Goods to Seller.


9.     Limitation of Liability.  



(c)    The limitation of liability set forth in Section 9(b) above shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct resulting in death or bodily injury.

10.     Compliance with Law.

Buyer shall comply with all applicable laws, regulations and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents and permits that it needs to carry out its obligations under this Agreement. Buyer shall comply with all export and import laws of all countries involved in the sale of the Goods under thisAgreement or any resale of the Goods by Buyer. Buyer assumes all responsibility for shipments of Goods requiring any government import clearance. Buyer shall be deemed to have full knowledge of the nature of the Goods and has sole responsibility to obtain any permissions, consents, or licenses which may be necessary for the use, possession, or sale of the Goods or products which include the Goods.

11.     Waiver.

No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

12.     IntellectualProperty Rights.

Buyer acknowledges and agrees that Seller retains all intellectual property rights in the Goods and nothing herein grants a license, assignment or other transfer of any such rights to Buyer. Buyer specifically agrees that it will not, directly or indirectly, analyze any of the Goods for chemical composition or structure, modify, reverse engineer, disassemble, or design around any of the Goods.

13.     Assignment.

Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement.

14.     NoThird-Party Beneficiaries.

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

15.     Governing Law; Venue.

These Terms shall be governed by and interpreted in accordance with the substantive (and not conflicts) laws of theState of Colorado. Any cause of action arising hereunder or related in any way hereto shall be brought only in the federal or state courts in Denver, Colorado and Buyer hereby submits to the exclusive jurisdiction of such courts.

16.     Severability.

If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

17.   Force Majeure.

Seller shall not be liable for any delay in or impairment of performance resulting in whole or in part from fire, floods or other catastrophes, acts of God, severe weather conditions; strikes, lockouts or labor disruption; wars, riots, embargo delays, raw material market conditions, the inability to procure supplies or raw materials; or shortages of transportation equipment, fuel or labor; or any other circumstance or cause beyond its reasonable control.