Terms and Conditions

 

Agreement between User and https://totalkratom.com

Welcome to https://totalkratom.com. The https://totalkratom.com website (the "Site") is comprised of various web pages operated by Total Kratom (Future Wave Systems, LLC) ("FWS, LLC"). https://totalkratom.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://totalkratom.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

https://totalkratom.com is an E-Commerce Site.

 

Total Kratom (A DBA of Future Wave Systems, LLC) sells value-priced herbs and nutraceuticals including Kratom (Mitragyna Speciosa), Kava Kava, and others. The purpose of the site is to provide a simple marketing and sales platform for our customers around the USA and abroad.

 

Privacy

Your use of https://totalkratom.com is subject to FWS, LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

Visiting https://totalkratom.com or sending emails to FWS, LLC 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 FWS, LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. FWS, LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen

FWS, LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://totalkratom.com only with permission of a parent or guardian.

 

Cancellation/Refund Policy

All sales are backed by our unconditional money-back guarantee! If you aren't absolutely THRILLED with your order, we will issue a full refund of your purchase price after you return your unused product (Customer is responsible for return shipping)! This policy is in effect for 30 days after purchase.

Orders can be cancelled prior to shipping. Customers MUST call us at 866-607-9897 to request a cancellation. If a product has already shipped, the order cannot be canceled and is subject to our refund policy stated above.

 

Links to Third Party Sites/Third Party Services

https://totalkratom.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FWS, LLC and FWS, LLC 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. FWS, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FWS, LLC of the site or any association with its operators.

 

Certain services made available via https://totalkratom.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://totalkratom.com domain, you hereby acknowledge and consent that FWS, LLC may share such information and data with any third party with whom FWS, LLC has a contractual relationship to provide the requested product, service or functionality on behalf of https://totalkratom.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 https://totalkratom.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FWS, LLC 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 FWS, LLC 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. FWS, LLC 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 FWS, LLC 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 FWS, LLC 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.

 

FWS, LLC has no obligation to monitor the Communication Services. However, FWS, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FWS, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

FWS, LLC 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 FWS, LLC's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FWS, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FWS, LLC 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 FWS, LLC spokespersons, and their views do not necessarily reflect those of FWS, LLC.

 

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 https://totalkratom.com or Posted on Any FWS, LLC Web Page

FWS, LLC does not claim ownership of the materials you provide to https://totalkratom.com (including feedback and suggestions) or post, upload, input or submit to any FWS, LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FWS, LLC, our affiliated companies and necessary sublicensees permission to use your 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. FWS, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FWS, LLC's 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

You will be able to connect your FWS, LLC account to third party accounts. By connecting your FWS, LLC account to your third party 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 FWS, LLC 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 FWS, LLC Content accessed through https://totalkratom.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless FWS, LLC, 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 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. FWS, LLC 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 FWS, LLC 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 arbitrations 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 FWS, LLC 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. TOTAL KRATOM (FUTURE WAVE SYSTEMS, LLC) AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

TOTAL KRATOM (FUTURE WAVE SYSTEMS, LLC) 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. TOTAL KRATOM (FUTURE WAVE SYSTEMS, LLC) 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 TOTAL KRATOM (FUTURE WAVE SYSTEMS, LLC) 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 TOTAL KRATOM (FUTURE WAVE SYSTEMS, LLC) 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.

 

Termination/Access Restriction

FWS, LLC 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 Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado 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 FWS, LLC as a result of this agreement or use of the Site. FWS, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FWS, LLC'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 FWS, LLC 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 FWS, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FWS, LLC 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.

 

 

Warning:

Below are the terms and conditions by which Totalkratom.com, Total Kratom, its parent company, child companies, affiliates, retailers, and retail brands, stockholders, owners, and related parties offer to sell our products to the buyer. By making ANY purchase from anyone selling our products (including any retail brand(s) that we co-pack or promote) you hereby agree to be held to these terms and conditions.

 

**Keep out of reach of Children** Must be 18 years old+ to purchase. All products sold at Total Kratom are sold as Bulk Botanical Specimens. No directions for use.

 

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE LET US KNOW IMMEDIATELY.  YOUR PURCHASE CAN BE FULLY REFUNDED AND RETURN SHIPPING PAID BY CUSTOMER.

You are agreeing to our purchase terms and conditions, which may be changed and updated on the website without notice, at our discretion at any time. Hereforth, the name “Totalkratom.com” refers to  Total Kratom, its parent company, child companies/DBA’s, stockholders, affiliates, retail brands, owners, and related parties.

  1. Totalkratom.com products are sold as bulk botanical ingredients and with no directions for use or claims made regarding them. The chemical, physical, and toxicological properties of these herbs and chemicals have not been tested or fully investigated and are not guaranteed.
  2. Totalkratom.com products are sold exclusively to the buyer under the condition that they will not be adulterated, mislabeled, or used as precursor materials for any scheduled materials.
  3. Buyer acknowledges that the products have not been tested by Totalkratom.com for
    safety in any application. Buyer represents and warrants to Totalkratom.com that buyer will properly test and use any products purchased from Totalkratom.com in accordance with the practices of an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted.
  4. Buyer realizes that Totalkratom.com products may not be on the Toxic Substances Control Act inventory. Buyer assumes responsibility to assure that the products purchased from Totalkratom.com are approved for use under TSCA if applicable. Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved with using products purchased from Totalkratom.com. Buyer also has the duty to warn any auxiliary personnel of any possible risks involved in using or handling the products.
  5. Totalkratom.com disclaims all warranties and statements of any kind, expressed or implied, with respect to any of the products offered, their use and or any results from their use, including but not limited to special, indirect, consequential, punitive, and exemplary damages, in connection with any of the products offered by Totalkratom.com and or any results from their use, whether or not it has been advised of the possibilities thereof. Totalkratom.com intends to only offer for sale accurate botanical material and information. It is possible that some information about our products may be incorrect as the herbal products that we offer for sale have been collected in the wild and/or the originating source may have incorrectly identified the botanical material. Therefore, no guarantee is made regarding the accuracy of the botanical species or purity of the material of our products.
  6. In no event shall Totalkratom.com, Total Kratom, its parent company, child companies/DBA’s, affiliates, retail wholesalers, stockholders, owners, and related parties and/or related ownership entities be liable for any special, incidental, or consequential damages, whether purchasers claim in contract, negligence, strict liability, or otherwise. In consideration of the sale of product to buyer, which sales we would not otherwise make, buyer agrees to indemnify and hold Totalkratom.com, Total Kratom, its parent company, stockholders, owners, and related parties harmless from all claims, expenses, losses, and liability of any nature whatsoever arising out of buyers handling and/or use or mis-use of product(s), whether used alone or in combination with any other substance.
  7. By purchasing any materials or products from Totalkratom.com you acknowledge that
    you are over the age of 18, and will use such products for legitimate, proper and legally
    acceptable purposes.
  8. By ordering any product, the buyer has checked all laws and regulation regarding said product in the state/province and country, which the buyer resides. Buyer agrees that said product(s) are legal for buyer to purchase, and possess in buyer’s state, province and country. Any complication with Goods in transit, which are due to a failure to observe applicable laws and regulations are entirely the responsibility of the buyer. In the event of litigation both parties expressly agree that the venue shall be in Colorado Springs, CO or as changed at the sole discretion by the owners of Totalkratom.com. Colorado law shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury and the buyer agrees to pay all court fees, costs, expert witness fees, and any lawyer fees associated to defending Totalkratom.com.
  9. Orders are not considered finalized until payment is received.
  10. If a cell phone number is provided, you may be added to our text marketing list. This list may be unsubscribed at any time by replying "STOP". While we do not charge for this service, Standard Data and Text Messaging Rates may apply.
  11. Your email will also be used to provide updates of Kratom news, promotions, and announcements. WE DO NOT SELL OR GIVE AWAY YOUR INFORMATION TO ANYONE ELSE. To unsubscribe from email lists, simply click the unsubscribe button at the bottom of your email.

I do hereby declare I have read, fully understand, and agree with all the purchase terms and conditions of sale outlined by Totalkratom.com in the above sections 1 through 9. I understand that I must check
a box agreeing to the Terms and Conditions set forth in this document before I will be allowed to purchase any Totalkratom.com product. Orders placed by phone or in person are held to the same terms and conditions and even if the seller fails to mention these terms, every package is labeled with the agreement that opening said package holds the buyer to these complete terms.

By clicking the Terms and Agreement checkbox at time of checkout I am swearing that I am 18 years of age or older, that all personal information I give is true and accurate pertaining to my identity and my physical address. I understand that Totalkratom.com reserves
the right to deny any purchase I may attempt to make for any reason at any time with no explanation. I understand that in the event this happens all monies I might have paid will be refunded in full and immediately.

 

 

Changes to Terms

FWS, LLC reserves the right, in its sole discretion, to change the Terms under which https://totalkratom.com is offered. The most current version of the Terms will supersede all previous versions. FWS, LLC encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

FWS, LLC welcomes your questions or comments regarding the Terms:

 

Total Kratom (Future Wave Systems, LLC)

15954 Jackson Creek Parkway, Ste B414

Monument, Colorado 80132

 

 

Email Address:

store@totalkratom.com

 

Telephone number:

866-607-9897

 

Effective as of July 01, 2018