Important Kratom Notice
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Botanical Remedies LLC (“Botanical Remedies,” “we,” “us,” or “our”). By accessing or using botanicalremediesllc.com (the “Website”) or by purchasing any products offered herein (the “Products”), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you are strictly prohibited from using the Website or purchasing Products from Botanical Remedies LLC.
Botanical Remedies LLC reserves the exclusive right to amend, modify, or replace any portion of these Terms at its discretion. Updates will be posted on this page, and continued use of the Website following any modification constitutes acceptance of the revised Terms.
2. Kratom Disclosures and Mandatory Health Notices
2.1 General Warning
Kratom (Mitragyna speciosa) interacts with opioid receptors and may lead to physical dependence, addiction, or withdrawal symptoms similar to those associated with opioids. Only individuals who are 21 years of age or older and in good health may use Kratom-containing Products. Kratom must be kept out of the reach of minors.
2.2 FDA and DEA Statements
• The U.S. Food and Drug Administration (“FDA”) has not approved Kratom for any medical or dietary use.
• The Drug Enforcement Administration (“DEA”) identifies Kratom as a “Drug and Chemical of Concern.”
• Public health agencies report that Kratom use may cause nausea, agitation, insomnia, hypertension, tremors, hallucinations, liver complications, seizures, and—in severe misuse cases—respiratory depression or death.
Reference: FDA Import Alert 54-15.
Immediate medical attention should be sought if adverse health effects occur.
2.3 Legal and Geographic Restrictions
Botanical Remedies LLC does not ship Kratom Products to jurisdictions in which Kratom is regulated or prohibited, including but not limited to the jurisdictions listed in our legally mandated shipping restrictions.
2.4 User Responsibility
By purchasing Kratom Products, you certify that you:
(a) are at least 21 years of age, and
(b) are legally authorized to purchase and possess Kratom in your jurisdiction.
You assume all responsibility for ensuring compliance with applicable state, local, and international laws.
3. Mandatory Arbitration Agreement and Waiver of Class Action Rights
All claims, disputes, or controversies arising out of or relating to these Terms, the Website, or any Products purchased from Botanical Remedies LLC shall be resolved exclusively through binding individual arbitration, as further detailed in Section 18.
By accepting these Terms, you expressly waive your right to participate in any class action, collective proceeding, or jury trial.
4. Scope of Services
The Website and all associated features, including browsing, purchasing, submitting reviews, or interacting with content, collectively constitute the “Services.” Our e-commerce platform operates via WooCommerce and WordPress.
Botanical Remedies LLC may refuse service, cancel orders, or restrict access to any User for any lawful reason at its sole discretion.
5. Product Disclaimers
5.1 General Disclaimer
All Products offered by Botanical Remedies LLC are sold strictly for non-medical use. No Product is intended to diagnose, treat, cure, or prevent any disease. No statements made on this Website have been evaluated by the FDA or FTC.
5.2 California Proposition 65 Notice
Some Products may contain trace levels of chemicals such as Lead, Nickel, or Arsenic, which the State of California identifies as causing cancer or reproductive harm.
For more information, visit P65Warnings.ca.gov/product.
6. User Eligibility and Obligations
To use the Website or purchase Products, you must be at least 21 years old and comply with all applicable local, state, federal, and international laws.
You may not use the Services for any unlawful or unauthorized purpose. Any breach of these Terms may result in immediate termination of access.
7. Intellectual Property Rights
7.1 Ownership
All content on the Website—including text, graphics, videos, images, software, and digital materials (“Content”)—is the exclusive property of Botanical Remedies LLC or its licensors.
7.2 Trademarks
All logos, trade names, and brand identifiers belonging to Botanical Remedies LLC are protected under trademark laws. Unauthorized use is strictly prohibited.
7.3 License Restrictions
Users are granted a limited, revocable, non-transferable, non-exclusive license for personal use only. You may not:
• Copy, reproduce, or distribute the Content for commercial purposes;
• Reverse engineer or decompile any Website code;
• Employ bots, scrapers, automated systems, or similar tools;
• Modify or create derivative works from any Content.
Any violation may result in legal action.
8. User Submissions
By submitting reviews, feedback, suggestions, or other materials (“Submissions”), you grant Botanical Remedies LLC a perpetual, worldwide, royalty-free license to use, reproduce, publish, modify, and distribute such Submissions in any medium.
Botanical Remedies LLC is not obligated to maintain confidentiality regarding Submissions and may remove or edit User-generated content at its discretion.
9. Privacy
Personal information submitted through the Website is managed in accordance with our Privacy Policy. Continued use of the Website constitutes consent to our data practices.
10. Prohibited Conduct
Users are prohibited from:
• Violating any applicable law;
• Infringing the intellectual property rights of Botanical Remedies LLC or third parties;
• Uploading malware or harmful code;
• Providing false or misleading information;
• Attempting to gain unauthorized access to systems, accounts, or networks.
Violations may result in access termination and potential civil or criminal liability.
11. Pricing and Service Modifications
All prices are subject to change without prior notice. Botanical Remedies LLC may modify or discontinue any Product or Service at its discretion and shall not be liable for any resulting damages or inconvenience.
12. Orders, Billing, and Payment
We reserve the right to refuse, cancel, or limit any order, including for suspected fraud or policy violations. Users must ensure that all billing and contact information is accurate and promptly updated.
Transactions are processed by third-party payment providers, and disputes related to payment processing must be addressed directly with the provider.
Refunds and returns are governed by our Refund Policy.
13. Indemnification
You agree to defend, indemnify, and hold harmless Botanical Remedies LLC and its officers, employees, contractors, agents, and affiliates from any claim, liability, damage, or expense (including legal fees) arising from your:
• Violation of these Terms;
• Use or misuse of Products;
• Breach of legal obligations;
• Conduct resulting in claims from third parties.
This obligation survives termination of your access to the Services.
14. Third-Party Content and External Links
The Website may include content, tools, or links provided by third parties. Botanical Remedies LLC does not supervise, endorse, or guarantee third-party materials and assumes no responsibility for damages arising from their use.
15. Termination
Botanical Remedies LLC may suspend or terminate your access at any time without notice if:
• You breach these Terms;
• Your activities present risk to others or to the Company; or
• Termination is required by law.
Obligations relating to intellectual property, indemnification, and dispute resolution shall survive termination.
16. Disclaimer of Warranties
All Products and Services are provided strictly “as is” and “as available.”
Botanical Remedies LLC expressly disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant uninterrupted or error-free operation of the Website or accuracy of Product descriptions.
17. Limitation of Liability
To the fullest extent permitted by law, Botanical Remedies LLC shall not be liable for:
• Indirect, incidental, consequential, punitive, or exemplary damages;
• Loss of revenue, data, or profits;
• Any claim arising out of the use or inability to use the Products or Services.
Your use of Kratom Products is undertaken entirely at your own risk.
18. Force Majeure
Botanical Remedies LLC shall not be liable for delays or failure to perform resulting from causes beyond its reasonable control, including but not limited to natural disasters, government restrictions, pandemics, cyberattacks, labor disputes, or supply chain disruptions.
19. Arbitration Agreement
Before initiating arbitration, Users must submit a written Notice of Dispute and allow sixty (60) days for informal resolution.
Unresolved disputes shall be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules. Arbitration will be conducted before a single arbitrator in Citrus County, Florida, unless otherwise agreed.
Punitive damages are expressly prohibited.
Class Action Waiver
Users agree that:
• All proceedings shall be conducted on an individual basis only;
• Class, collective, or representative actions are prohibited;
• Jury trial rights are waived.
If the class-action waiver is deemed unenforceable, the arbitration clause shall be void, and disputes shall be litigated exclusively in courts located in Idaho.
20. Governing Law
These Terms shall be governed exclusively by the laws of the State of Florida, without regard to conflict-of-law principles. Non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Lecanto, Florida.
21. Website Accessibility
Botanical Remedies LLC strives to maintain Website accessibility in accordance with the Americans with Disabilities Act (ADA). Accessibility concerns may be reported to [email protected], and we will make reasonable efforts to remediate accessible barriers.
22. Entire Agreement
These Terms, together with all referenced policies, constitute the entire agreement between you and Botanical Remedies LLC and supersede any prior agreements or communications.
Failure by Botanical Remedies LLC to enforce any provision shall not constitute a waiver of that provision.
23. Amendments
Botanical Remedies LLC may revise these Terms at its discretion. Users are responsible for reviewing the most recent version. Continued use of the Website constitutes acceptance of any revisions.
24. Contact Information
Legal notices and inquiries may be directed to:
Botanical Remedies LLC
Attn: Legal Department
7228 S Denhoff Point
Lecanto, FL 34461