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Terms & Conditions

Simplyspeciosa.com and all its Subsidiaries, known and unknown, owners and/or employees cannot be held responsible for, and will not be liable for the inaccuracy or application of any information whatsoever herein provided. Simplyspeciosa.com and all employees strive to be as accurate as possible. However, Simplyspeciosa.com does not warrant that any product descriptions or other content of this website and/or invoice are accurate, reliable, complete, current, or free of errors.

LIMITATION OF LIABILITY

In no event shall Simplyspeciosa.com, any of its Subsidiaries, known or unknown, nor any of its officers, directors and employees, be held liable for anything arising out of, or in any way connected with your decisions and/or actions with the product(s) once you are in possession of said product(s), whether such liability is under contract or not. Simplyspeciosa.com, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of our services or your decisions and/or actions with the product(s).

INDEMNIFICATION

You hereby indemnify to the fullest extent Simplyspeciosa.com and all its Subsidiaries, known and unknown, from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

WARNING

These products are only to be possessed and/or handled by adults ages 21+. Keep out of reach of children. Simplyspeciosa.com makes no representation as to intended use or suitability for use of the products. The Drug Enforcement Administration (DEA) has stated, if consumed, Mitragyna Speciosa (Mitragynine Speciosa, Kratom) : “produces stimulant effects”, “users experience sedative effects”, “Kratom consumption can lead to addiction”, “cases of psychosis resulting from use of kratom have been reported, where individuals addicted to kratom exhibited psychotic symptoms, including hallucinations, delusion, and confusion”, “effects on the body include nausea, itching, sweating, dry mouth, constipation, increased urination, tachycardia, vomiting, drowsiness, and loss of appetite. Users of kratom have also experienced anorexia, weight loss, insomnia, hepatotoxicity, seizure, and hallucinations”. Please see DEA Drug Fact Sheet on Kratom, October 2022. Please see FDA Import Alert 54-15. According to the CFR (Code of Federal Regulations), Kava is not GRAS (Generally Recognized as Safe). Please see 21 CFR Part 170.30. According to the CDC (Center for Disease Control), and other Health Institutions, Kava can lead to Hepatotoxicity. Please see Morbidity and Mortality Weekly Report (MMWR) November 29, 2002 / 51(47);1065-1067. As with any substance containing active compounds, Kava has the potential to lead to habit formation, addiction, withdrawal symptoms, health complications, illness, disease, and even death. By purchasing products from Simplyspeciosa.com , you acknowledge and agree that you have read and understood FDA Import Alert 54-15, the DEA Drug Fact Sheet on Kratom, 21 CFR Part 170.30, and MMWR 51(47);1065-1067 and release Simplyspeciosa.com and all its Subsidiaries and Parent Companies, known and unknown, from any and all liabilities and risks stated within, but not limited to, FDA Import Alert 54-15 and the DEA Drug Fact Sheet on Kratom, 21 CFR Part 170.30, and MMWR 51(47);1065-1067. These products contain chemicals known to the state of California to cause cancer, birth defects, or other reproductive harm. Specifically nickel, arsenic, and lead. For more information please visit https://www.p65warnings.ca.gov IProposition 65 Warning!


Use all products with caution. Simplyspeciosa.com’s products are not sold to minors, or if you are taking any prescription or non-prescription medication or drugs.

All products currently on our website and/or this invoice contain NO SYNTHETIC INGREDIENTS & are not meant to replace those that do, or any controlled substance or medication, for that matter.

Our products are not to be confused with synthetically-enhanced potpourri or herbal incense.

DISCLAIMER & TERMS

Although Simplyspeciosa.com ships throughout the U.S., we strongly suggest that each customer and end consumer do their own research regarding their particular state and county law. By purchasing a product or products from this website or company you state and agree you have read our full disclaimer and to indemnify, defend and hold Simplyspeciosa.com and its agents, managers, officers, directors and employees harmless from any and all liabilities, loss, damages, and expenses including reasonable attorneys’ fees (collectively, “Claims”) arising from or growing out of any acts or omissions you commit, including but not limited to, violation of any applicable law, regulation, or order.

NO WARRANTIES

This website and/or invoice is provided “as is,” with all faults, and Simplyspeciosa.com expresses no representations or warranties, of any kind related to this website and/or invoice, or the materials distributed by Simplyspeciosa.com.

FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE

The products listed on this website and/or on this invoice have not been approved by the FDA. Therefore any information is presented solely as the opinions of their respective authors who in which do not claim in any way shape or form to be medical professionals providing medical advice. The products sold on this website and or invoice are not intended to diagnose, treat, or cure any disease or ailment. Prior to utilizing any legal product, it is essential to consult with a physician. Pregnant and nursing women as well as anyone under the age of 21 cannot purchase Kratom or Kratom products. All information presented here is not a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before choosing to purchase any product.

By using our service and purchasing products from Simplyspeciosa.com you acknowledge the following:

Choice of Law and Venue. These Terms and Conditions, as well as any sale of Goods to Buyer, are deemed to have been both agreed to and have had occurred in the State of Wyoming. Any disputes or clarification of interpretation, and the remedies for enforcement or breach of contract, are to be applied pursuant to and in accordance with the laws of the State of Wyoming. Buyer and Seller expressly agree that all actions or proceedings arising in relation to the sale of any Goods or these Terms and Conditions shall be tried and litigated exclusively in the State or Federal Courts within the State of Wyoming. The Buyer relinquishes the right to contest exclusive venue by any motion to transfer, motion for forum non-convenience or any and all related motions.

By purchasing products from Simplyspeciosa.com, you are entering a binding contractual agreement that any dispute or claim arising out of or relating to the purchase, sale, or use of our products shall be resolved exclusively through binding arbitration administered by arbitrators of the American Arbitration Association (AAA). The arbitration shall be conducted by three (3) arbitrators. Simplyspeciosa.com shall appoint one arbitrator, the purchaser shall appoint another, and the two appointed arbitrators shall jointly appoint the third arbitrator who shall act as the presiding arbitrator. If the two arbitrators fail to agree on the third arbitrator within thirty (30) days of their appointment, the third arbitrator shall be appointed in accordance with the AAA Rules and Guidelines. Any arbitration shall be conducted in Wyoming unless otherwise mutually agreed upon by both parties. The arbitral award shall be final and binding on both Parties, and may be enforced in any court of competent jurisdiction within the state of Wyoming. The Parties hereby waive any right of appeal to any court in connection with any question of law arising in the course of the arbitration or with respect to any award made. You further agree that arbitration shall be the sole and exclusive forum for resolving any such dispute or claim, and you waive your right to participate in any class action lawsuit or class-wide arbitration.



ASSIGNMENT

Simplyspeciosa.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you cannot assign, transfer, or subcontract any of your rights and/or obligations under these Terms.



VARIATION OF TERMS

Simplyspeciosa.com is permitted to revise these Terms at any time as it sees fit, and by using our services you are expected to review these Terms on a regular basis.



ENTIRE AGREEMENT

These Terms constitute the entire agreement between Simplyspeciosa.com and you in relation to your purchase of our products, and supersede all prior agreements and understandings.

You and Simplyspeciosa.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.



Additional Buyer Agreements:

By purchasing the Products, you are hereby affirming the following:

1. 
I am 21 or older and an adult under the laws of my State and Country and of the legal age to purchase Mitragyna Speciosa (Kratom) as and if designated by the laws of my state, county, or city.

2. I am in good health, of sound mind and body, and am capable of making my own decisions and representations.

3. I have clearly read and fully understand and comprehend 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 and state that I will carefully abide by these cautions & warnings. I will also abide by and follow all warnings stated on the website and/or invoice.



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 OasisKratom’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.

SEVERABILITY

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

*I understand the statements regarding these products have not been evaluated by the Food and Drug Administration. This Product is not intended to diagnose, treat, cure or prevent any disease. Results from products may vary. These items are not intended to cure, treat or prevent any diseases.*