The Kratom Company Terms and Conditions of Use, Disclaimers, and Policies
The Kratom Company
Terms
and Conditions of Use, Disclaimers and Policies
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
· MUST BE EIGHTEEN YEARS OF AGE: You represent and acknowledge as follows: you are eighteen (18) years of age or older, or of the age of majority where you reside; you intend to use, and shall use, any products purchased through The Kratom Company for your own personal use, however, if you request the shipment of any products to a third party, you represent that the receiving party is also eighteen (18) years of age or older, or of the age of majority where that receiving party resides, and intends to use any products for his or her personal use.
· NO RESPONSIBILITY FOR MISUSE: Products sold on this site contain Mitragyna speciosa, which is more commonly known as kratom. The product bags are used as carriers or containers for this botanical product for the purpose of holding the powder. The manufacturer of this product and its affiliates take NO responsibility for the misuse of any botanical product.
· PRODUCT WARNING AND DISCLAIMER: The products, claims, reviews & testimonials made about products and services on or through this website have not been evaluated by has NOT been evaluated by the U.S. Food and Drug Administration (FDA). The statements and images on The Kratom Company’s website, product packaging, and social media accounts have NOT been evaluated by the FDA. Kratom is NOT “deemed fit for human consumption” by the FDA. Do not use if you are pregnant or nursing. Do not use if you are under the age of 18 years old. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult with a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, a medical condition or take medicine. All users and customers of The Kratom Company are strongly advised to consult with a professional on the proper usage of kratom, and potential risks associated with kratom. The Kratom Company holds no liability towards the potential misuse of kratom or health problems resulting from the use of kratom.
· CAUTION: Keep The Kratom Company Products out of reach of children. The Kratom Company products are not intended for sale or use of person under 18 years old.
· ILLEGAL IN SOME JURISDICTIONS. It is illegal to possess Kratom in the following United States locations (as of 11/1/2019):
· States of: Wisconsin, Indiana, Alabama, Arkansas, Rhode Island and Vermont;
· Cities of: San Diego, CA. Denver, CO. Parker, CO. Jerseyville, IL. Alton, IL. Franklin, NH; and multiple Mississippi cities including: Alcorn, Calhoun, Itawamba, Lowndes, Monroe, Noxubee, Prentiss, Tippah, Tishomingo, and Unition.
· Counties of: Sarasota, FL and multiple Mississippi counties, icluding: Belmont Blue Montain, Booneville, Bruce, Burnsville, Caledonia, Calhoun, Columbus, Corinth, Derma, Fulton, Guntown, Iuka, Mantachie, Marietta, New Albany, Okolona, Oxford, Pontotoc, Ripley, Saltillo, Senatobia, Tishomingo, Vardaman.
RETURN POLICY: If you would like to return or exchange your order for whatever reason within 10 days of receiving them please reach our customer service at (734) 673-8747 or email customer.service@thekratomco.com. If you would like to replace (or trade in) your products we will mail a return slip along with the new products requested. If you would like to return product for a refund of payment we will mail you a check in the amount of your order along with the shipping return slip. *Note that all refunds will be provided via check regardless of your original payment method.
SHIPPING POLICY: All orders are processed within 1-2 business days (excluding weekends and holidays) after receiving your order confirmation email. You will receive another notification email when your order has shipped including tracking information. All retail orders include free shipping and all wholesale will be calculated by using a flat rate of $12 + $0.10 per unit. All orders will be shipped via Fedex 2-day unless they are too large for the standard Fedex 2-day padded envelope of 9-1/2″ x 12-1/2″ in which case they will be sent via UPS ground. The only exceptions to this would be an order to a PO box which will always be shipped via USPS Priority First Class or an individual request for a different shipping method. We do not offer local pickup, in-store pickup, or international shipping.
In the event that your order arrives damaged in any way, please email us as soon as possible at customer.service@thekratomco.com with your order number and a photo of the item’s condition. We address these on a case-by-case basis but will try our best to work towards a satisfactory solution.
· DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE IS PROVIDED BY THE KRATOM COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE KRATOM COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE KRATOM COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE KRATOM COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE KRATOM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE KRATOM COMPANY NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
· PRIVACY: Please review our full Privacy Policy, which also governs your visit to our website, to understand our practices.
· ELECTRONIC COMMUNICATIONS: When you visit The Kratom Company or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
· COPYRIGHT: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Kratom Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Kratom Company with copyright authorship for this collection by The Kratom Company and protected by U.S. and international copyright laws.
· TRADEMARKS: The Kratom Company trademarks and trade dress may not be used in connection with any product or service that is not The Kratom Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Kratom Company. All other trademarks not owned by The Kratom Company or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Kratom Company or its subsidiaries.
· LICENSE AND SITE ACCESS: The Kratom Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Kratom Company. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Kratom Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Kratom Company and our associates without express written consent. You may not use any meta tags or any other “:hidden text”: utilizing The Kratom Company name or trademarks without the express written consent of The Kratom Company. Any unauthorized use terminates the permission or license granted by The Kratom Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Kratom Company so long as the link does not portray The Kratom Company its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Kratom Company logo or other proprietary graphic or trademark as part of the link without express written permission.
· YOUR MEMBERSHIP ACCOUNT: If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your own computer. You agree to accept responsibility for all activities that occur under your account or password. If you are under the age of 18, you may not use our website for purchases. If you are under the age of 18, you may only use our site with the involvement of a parent or guardian and for informational purposes only. The Kratom Company and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
· REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT: Visitors may post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Kratom Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant The Kratom Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Kratom Company and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify The Kratom Company or its associates for all claims resulting from content you supply. The Kratom Company has the right but not the obligation to monitor and edit or remove any activity or content. The Kratom Company takes no responsibility and assumes no liability for any content posted by you or any third party.
· RISK OF LOSS: All items purchased from The Kratom Company are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the courier.
· PRODUCT DESCRIPTIONS: The Kratom Company and all associates attempt to be as accurate as possible. However, The Kratom Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by The Kratom Company itself is not as described, your sole remedy is to return it in an unused, opened, unsealed condition.
· STORAGE INFORMATION: Store this product in a cool and dry place.
· APPLICABLE LAW: By visiting The Kratom Company you agree that the laws of the state of Michigan and the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Kratom Company or its associates.
· DISPUTES: Any dispute relating in any way to your visit to The Kratom Company or to products you purchase through The Kratom Company shall be submitted to confidential arbitration in Michigan, except that, to the extent you have in any manner violated or threatened to violate The Kratom Company intellectual property rights, The Kratom Company may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
· INDEMNITY: Buyer shall indemnify, defend, and hold harmless The Kratom Company and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that The Kratom Company may sustain or incur arising from (a) Buyer’s use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer’s authorization, (c) use of the products by a third party without Buyer’s authorization, where such unauthorized use is due to Buyer’s negligent act or omission, or willful misconduct, (d) Buyer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer’s breach of any of its obligations set forth in these Terms or in the Agreement. The Kratom Company will provide Buyer with: (i) prompt written notice of such claim of which The Kratom Company is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of The Kratom Company, which shall not be unreasonably withheld.
· SITE POLICIES, MODIFICATION, AND SEVERABILITY: Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to The Kratom Company. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
· PAYMENTS / NON-SUFFICIENT FUNDS: You authorize us or our financial institution to debit the bank account listed above by way of an Automated Clearing House (ACH) debit at any time on or after the Payment Due Date for the Total of payments as well as any fees that are unpaid by you. If there are insufficient funds in your bank account when the debit is processed, a single NSF fee of $20.00 will be added to your balance due to us and debited from your bank account. If funds are not available when we debit your bank account on the payment due date, you authorize us and/or our representatives to perform additional electronic debits to your bank account for the outstanding balanced owed to us (which includes the one-time NSF fee of $20.00 and the late payment fee of $25.00 referred to below), until such time as the entire balance is repaid in full. All payments made to Premium Supplements, LLC.
· QUESTIONS: Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the Contact Us link in the side menu. Or you can email us at tkco.service@gmail.com.
