AGREEMENT BETWEEN USER AND WWW.PHORIA.COM
Welcome to www.onlinekratom.com. The onlinekratom.com website (the “Seller”) is comprised of various web pages operated by the Seller. Onlinekratom.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.phoria.com constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference
By ordering any products from the Seller, you are agreeing unconditionally to all of the following Terms and Conditions. These terms may be changed at any time by Seller without notice.
“Seller” refers to Phoria.com, the website phoria.com and all persons associated with phoria.com.
“Buyer” refers to the individual, company, firm, or other legal entity purchasing the Goods from the Seller for any and all reasons.
“Goods” refers to any and all of the material or products which are the subject of the Contract.
“Contract” refers to this agreement between the Seller and Buyer in exchange for the sale of Goods.
Goods may not be purchased by anyone less than 18 years of age. Buyer agrees that all orders may be subject to the requirement of adult signature or other proof of age of Buyer at time of purchase.
These statements have not been evaluated by the Food & Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease. The information provided on this site is intended for your general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. Please, consult your physician. Testimonials and product reviews reflect individual people’s unique experiences and opinions and should not be viewed as professional advice. Individual results may vary. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard medical advice or delay in seeking it because of something you have read on the this site. Product sold on this site are for personal use and not for resale. All orders placed through this website are subject to Seller’s acceptance, in its sole discretion. This means that the Seller may refuse to accept, or may cancel, any order, whether or not it has been confirmed, without liability to you or any third party. The Seller reserves the right to discontinue any program or offer.
The Site does not provide medical advice, diagnosis or treatment, and the information included on the Site is offered for informational purposes only. Some portions of the Site may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Site, neither our employees nor these third parties are authorized to provide medical or other professional advice through the Site. We also have not confirmed the qualifications of any third party who provides information through the Site, even if that third party lists his or her qualifications. As a result, you should never use the information you obtain on the Site for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider.
Please consult with your physician or other healthcare provider if you have health-related questions before using any of our products or relying on any information you obtain on the Site. You should discuss any medications or nutritional supplements you are using with a healthcare provider before using any new medications or supplements.
REGULATION AND RISK OF LOSS
Buyer is wholly responsible for any and all applicable local laws relating to the purchase of Goods. The Seller deems the offer of Goods void where prohibited. In the event Goods are lost during transit, due to Buyer negligence to obey applicable laws, the Seller deems loss the responsibility of the Buyer. Any risk of loss expressly passes to the Buyer upon purchase of Goods.
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 Onlinekratom.com is not responsible for third party access to your account that results from theft or misappropriation of your account. Onlinekratom.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Buyer affirms that the billing and shipping information given to the Seller are truthful and accurate. Buyer confirms all personal information given is their own and not that of a third party.
Visiting www.onlinekratom.com or sending emails to the Seller 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.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Onlinekratom.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Seller and the Seller 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 Seller is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Seller of the site or any association with its operators.
RIGHT TO REFUSE SALE/TERMINATION
The Seller reserves the right to refuse sale or service to anyone for any reason. The Seller 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. Under no circumstance will Goods ever be shipped or sold to Buyers in the following countries: Thailand, Bhutan, Australia, Finland, Denmark, Poland, Lithuania, Malaysia, Myanmar (Burma).
The Seller will make all efforts to ship Goods to Buyer expeditiously. In the event of delay, Buyer acknowledges that the Seller is not liable.
Please refer to our Returns and Refunds Policy.
The validity of these terms and conditions are not affected by the declaration of one or more of the terms and conditions legally invalid, illegal, or unenforceable. Each term and condition stands on its own merits and shall not be deemed less valid by any seen or unforeseen change in the others, regardless of circumstance.
INDEMNIFICATION/ GOVERNING LAW
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California 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 to indemnify, defend and hold harmless the Seller, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Goods sold, the Site, 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. These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been agreed to in and occurred in the State of California. 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 State of California. 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 California. The Buyer waives the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or related motions.
DISCLAIMER OF LIABILITY
The purpose of this Terms and Conditions agreement is to alleviate any and all liability of the Seller 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:
I am aware that possession of certain alkaloids contained in mitragyna speciosa are illegal within certain U.S. states. I affirm that I am not a resident of any of these states.
I am over 18 and an adult under the laws of my State and Country.
I am in good health and am capable of making my own decisions and representations.
LIMITATION AND DISCLAIMER OF WARRANTIES
I CLEARLY UNDERSTAND THAT ALL GOODS & INFORMATION OBTAINED THROUGH SELLER 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 SELLER 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 SELLER IN ANY WAY. WAIVER OF LIABILITY INCLUDES ALL DAMAGES WHETHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR SIMILAR.
I AGREE TO INDEMNIFY AND HOLD HARMLESS SELLER AND ALL OTHER PARTIES INVOLVED, INCLUDING BUT NOT LIMITED TO THEIR OWNERS, OFFICERS, AFFILIATES, ASSOCIATES AND EMPLOYEES, FOR ANY AND ALL DAMAGES INCURRED AS RESULT OF THE PURCHASE, USE, OR MISUSE OF THE GOODS. THE SELLER AND ALL RELATED AFOREMENTIONED PARTIES SHALL NOT BE LIABLE UNDER ANY THEORY WHATSOEVER.
THERE ARE NO CIRCUMSTANCES IN WHICH SELLER SHALL BE LIABLE FOR ANY DAMAGES WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE.
I HAVE CLEARLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO THE WARNINGS PRINTED ON THE LABEL. I hereby agree to carefully abide by these cautions & warnings. I also will abide by all warnings stated on the website, regarding product use.
This product is not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of any disease or medical condition. This product is not for human consumption.
CHANGES TO TERMS
The Seller reserves the right, in its sole discretion, to change the Terms under which www.onlinekratom.com is offered. The most current version of the Terms will supersede all previous versions. The Seller encourages you to periodically review the Terms to stay informed of our updates.