Agreement between User and Kratomxp.com
Welcome to Kratomxp.com. The Kratomxp.com website (the “Site”) is comprised of various web pages operated and owned by 
and is herein after referred to as “The Company” offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Kratomxp.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
Kratomxp.com is an E-Commerce Site for the purpose of the sale of Kratom, Kratom products and accessories.
The products, claims, reviews, & testimonials made about products & services on or through this site or product packaging have not been evaluated by The Company or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided on this site & any information contained on or in any product label or packaging is for informational purposes only & is not intended as a substitute for advice from your physician or other health care professional. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should consult with a healthcare professional before using any of our products, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems. Individual results may vary. The Company, Inc urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks, and to share with your provider any information pertaining to your health & well-being, including the use of supplemental nutrition. You should not stop taking any medications without first consulting your physician.
DISCLAIMER: CONSUMING KRATOM MAY POSE KNOW AND UNKNOWN HEALTH RISKS TO CONSUMERS OR ANIMALS AND HAS ADDICTIVE POTENTIAL. INCREASED RISK OF INJURY OR DEATH MAY BE POSED BY CONSUMING WITH ALCOHOL AND/OR OTHER DRUGS. THE CHEMICAL, PHYSICAL AND TOXICOLOGICAL PROPERTIES OF THESE HERS AND CHEMICALS HAVE NOT BEEN FULLY INVESTIGATED AND EFFECTS ARE LARGELY UNKNOWN. THE FDA (FEDERAL DRUG ADMINISTRATION) HAS NOT EVALUATED THE STATEMENTS MADE ON THIS WEBSITE OR OUR PACKAGING. THE FDA HAS PUBLISHED HEALTH WARNINGS ABOUT SIGNIFICANT CONCERNS REGARDING THE RISKS ASSOCIATED WITH THE CONSUMPTION OF KRATOM.
Disclaimer of Liability
The purpose of this Terms and Conditions agreement is to alleviate any and all liability of the Seller, The Company, for occurrences where harm or injury resulted from the purchase, use, or misuse of the Goods. By purchasing the Goods, you are hereby affirming the following representations:
It is the sole responsibility the Buyer to comply with all laws and regulations of the particular jurisdiction which the customer is in.
I am fully responsible for being aware of the laws and regulations in my state, county, or municipality in regards to the products I’m purchasing, and take full responsibility for any outcomes or damages resulting from purchasing and having products shipped to my location. I acknowledge that The Company is shipping my purchases to me at my direction and on my behalf and is not responsible for knowing the details of my local laws. By providing a shipping address for products, I am informing the Seller that I believe that the products ordered are in compliance with all laws and regulations of the shipping destination.
I am over 21 and an adult under the laws of my State and Country.
I am in good health and I am capable of making my own decisions and representations.
LIMITATION AND DISCLAIMER OF WARRANTIES AND IDEMNIFICATION
I clearly understand that all Goods & information obtained through The Company and Kratomxp.com are provided ‘AS IS’ and without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are hereby disclaimed. In no event will The Company be liable to me or anyone else for any damages or injury caused by use, misuse, or improper use of the Goods. Neither shall Seller be liable, to me or anyone else, for actions taken, by me or anyone else, resulting from reliance on information or views, verbal or in literature obtained through The Company or website in any way. Waiver of liability includes all damages whether incidental, consequential, special, or similar.
I agree to indemnify and hold harmless The Company and all other parties involved, including but not limited to their owners, officers, board members, affiliates, associates and employees, etc. for any and all damages incurred as result of the purchase, use, or misuse of the Goods. The Company and all related aforementioned parties shall not be liable under any theory whatsoever. There are no circumstances in which The Company shall be liable for any damages whether direct or indirect, special, incidental, consequential, or punitive.
Electronic Communications
Visiting Kratomxp.com or sending emails to The Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Age Restriction - Under 21: You must be 21 years or older to purchase from this website. The Company does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. By place an order you confirm that you are at least 21 years of age. If you are under 21 years of age, please cease placing your order and exit our website immediately.
Links to Third Party Sites/Third Party Services
Kratomxp.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Company and The Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Company of the site or any association with its operators. Certain services made available via Kratomxp.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Kratomxp.com domain, you hereby acknowledge and consent that The Company may share such information and data with any third party with whom The Company has a contractual relationship to provide the requested product, service or functionality on behalf of Kratomxp.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Kratomxp.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to The Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of The Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Company or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, The Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Company sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Company spokespersons, and their views do not necessarily reflect those of The Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Kratomxp.com or Posted on Any The Company Web Page
The Company does not claim ownership of the materials you provide to Kratomxp.com (including feedback and suggestions) or post, upload, input or submit to any The Company Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Company Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Company sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
For payment processing, shipping and related, your account with Kratomxp.com and The Company will be shared third party accounts. By using your Kratomxp.com account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated, and administered by The Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Company Content accessed through Kratomxp.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Additional Indemnification
You agree to indemnify, defend and hold harmless The Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of (a) use of the products (including without limitation to storage, handling, and transportation of products) (b) use of the products by a third party with you authorization; (c) use of the products by a third party without your authorization, where such unauthorized use is due to your negligent act or omission, or willful misconduct; (d) failure to comply with any applicable laws and regulations (including without limitation, those regarding the export of products, the Toxic Substance Control Act and the Emergency Planning and Community Right to Know act of 1986, or to obtain any licenses or approval from the appropriate government agencies necessary to purchase or use the products); (e) breach of any of the obligations set forth in these terms and conditions, your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY, AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY, AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Choice of Law and Venue.
These Terms and Conditions, as well as any sale of Goods to Buyer/User, are deemed to have been agreed to in and occurred in Washoe County, the State of Nevada. Any disputes or interpretation construction, and the remedies for enforcement or breach, are to be applied pursuant to and in accordance with the laws of the Nevada and county of Washoe. Buyer and Seller expressly agree that all actions or proceedings arising in connection with the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts located in the State of Nevada. The Buyer waives the right to contest exclusive venue by any motion to transfer, motion for forum non-convenience or related motions.
Termination/Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Company reserves the right, in its sole discretion, to change the Terms under which Kratomxp.com is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding the Terms and Conditions:
Contact support at
Effective as of January 01, 2020
Agreement and Approval. I do hereby declare I have read, fully
understand, approve and agree with and to all the Terms and Conditions of use
listed herein above and throughout the website. I understand that by checking the Terms and Agreement
box upon checkout that I am agreeing to all and any of the Terms and Conditions
set forth in this document.
Questions: Any questions should be directed to our support staff by clicking on the contact us link on the front-page website menu.
