Terms of Purchase - Star Kratom

Terms of Purchase

These terms of use (collectively the “TOU“) form a legal agreement between you, the end user (“YOU“), and Star Kratom (“Company“) that applies each time you use or access the website and online sites made available to you by Company, including starkratom.com, and their associated content, features, tools, and materials (collectively, the “Site“). You should therefore read carefully the following terms and conditions as they govern your use of the Site and its features.

In particular, this TOU contains an arbitration provision that waives your right to a court hearing and/or a jury trial and a class action waiver that waives your right to participate in any class action lawsuit to enforce this contract.

Product disclaimer

Do not use products from Star Kratom to treat, cure, or alleviate any sickness or medical condition. For more information, please consult the FDA Import alert 54-15. Star Kratom does not claim to have sufficient knowledge to instruct the purchaser on the product’s intended use or suitability for use. The state of Colorado is aware that chemicals contained within the product, nickel, arsenic, and lead, are known to cause cancer, birth defects, and other reproductive harm in humans. For more information, please consult your general practitioner.

Product use and handling

This product is not endorsed for use for any purpose by Star Kratom. Star Kratom does not provide the purchaser with any information regarding use and directions for use on this website or on product packaging. By purchasing the product, the purchaser acknowledges that they and they alone are responsible for the safe use of the product. By purchasing the product, the purchaser acknowledges that they agree to the terms and conditions of purchase and that they understand them. The purchaser is responsible for performing any due diligence and research regarding the use and handling of the product before purchasing the product. The purchaser acknowledges that it is their responsibility to understand the risks that come with using the product and handling the product. 

Liability waiver

Upon purchasing the product, the purchaser agrees that Star Kratom is not responsible for any problems that may or may not arise from the use or handling of the product. Upon receipt of the product, the purchaser acknowledges that the hold harmless clause is in effect. The purchaser acknowledges that Star Kratom is not responsible for any use or handling of the product by a third party. The purchaser acknowledges that the intended recipient of the product is the person who takes receipt of the package at the shipping address linked to the account of the person who ordered the product from the Star Kratom website. 

Age restriction

Any and all visitors to the Star Kratom website must comply with age restrictions. Any visitors who are under the age of 21 must not browse the website or access its content, as outlined in the Terms of Service policy. Any and all visitors under 21 must navigate away from this website. This also pertains to individuals under the age of 21 who are accompanied by someone over the age of 21. 

Legal waiver

Upon purchase of products from Star Kratom, the purchaser acknowledges that laws may differ between various states, counties, and locales. While due diligence is performed on the part of Star Kratom to keep this information up to date, the purchaser acknowledges that information on this website regarding these legalities may not be 100% correct and up to date. The purchaser acknowledges that it is their responsibility and theirs alone to know the law in their region. Star Kratom will not take responsibility for unlawful use of the product by the purchaser, whether it takes place in the area which the purchaser orders to or a place in which the purchaser travels to. 

Customer data

The purchaser accepts that Star Kratom may use their personal data in regards to the undertaking of website operations, including the processing of orders, customer correspondence, and payment processes. For more information on how Star Kratom uses and protects your data, please refer to the Privacy Policy. 

User access and customer accounts

The purchaser acknowledges that Star Kratom reserves the right to restrict access to this website for any user at any time, for any reason, without providing a reason. Star Kratom may restrict the account of a customer, a user’s IP address, email, phone, or shipping or billing address for any reason as they see fit. Star Kratom reserves the right to block a customer’s payment methods and blacklist the customer from the use of the website. 

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Sparks, NV before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Star Kratom’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Should the purchaser wish to raise a dispute with Star Kratom, it must be handled exclusively by Star Kratom. 

 

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