MITRAPURA™ SELLER TO BUYER PUBLISHED TERMS, CONDITIONS AND RESTRICTIONS
(Updated January 19, 2017)
When ordering any products from the company MitraPura™ LLC, as the Buyer you hereby unconditionally agree to, have read and have agreed to all of the following Terms, Conditions and Restrictions contained herein. The Terms, Conditions and Restrictions may change at any time by MitraPura™ LLC without notice.
*The statements contained on this website in part or whole, have not been evaluated by the Food & Drug Administration (FDA). All information on this website regarding the use of Kratom in folk medicine is provided for informational purposes only. It is not intended as medical advice. All products offered by MitraPura™ are not intended to diagnose, treat, cure, mitigate, or prevent any disease. You must be at least 18 years of age to purchase any kratom or Unplugd product from MitraPura™. All kratom products offered are not intended for for ingestion, are not represented for use as a conventional food or as a sole item of a meal or the diet and are intended for incense or ethnobotanical research purposes only.
WHEREAS, MitraPura™ LLC is a limited liability Company duly organized and existing under the laws of the State of Colorado and lawfully conducting business in the State of Colorado and the United States of America; and
WHEREAS, Seller desires to sell, and Buyer desires to purchase, Goods from the Company listed above on the terms and for the consideration herein contained.
- The term “Seller” shall refer to MitraPura™ LLC, the website mitrapura.com, and all employees and persons associated with MitraPura™ LLC.
- The term “Seller” shall not apply to any affiliate of MitraPura™ LLC or any third party entity who may purchase Goods for resale from MitraPura™ LLC.
- The term “Buyer” shall refer to any individual, company, firm, or other legal entity purchasing any Goods for sale from the Seller for any and all reasons;
- The term “Goods” shall refer to any and all materials and/or products which are the subject of the below Terms, Conditions and Restrictions.
This entire agreement shall hereby be construed as and referred to as a Contract between the Seller and Buyer in exchange for the sale of Goods. Said Contract is therefore considered a binding agreement between the Buyer and Seller.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual terms, conditions, provisions, restrictions and agreements contained herein, the Seller and Buyer hereto hereby agree respectively for themselves, their respective heirs, legal representatives, and successors, as follows:
AGE REQUIREMENTS AND RESTRICTIONS
Section 1.1 Age restrictions apply to Kratom(mitragyna speciosa) and Unplugd products; Kratom and Unplugd Goods shall not be purchased by anyone less than 18 years of age, except in Louisiana and Illinois, where a person shall be at least 21 years of age to purchase Kratom Goods.
Section 1.2 Buyer shall agree that all orders may be subject to the requirement of adult signature or other proof of age of Buyer at time of delivery.
USE OF KRATOM AND UNPLUGD GOODS
Section 2.1 Buyer shall understand that any and all kratom and/or Unplugd Goods purchased from Seller are offered solely for the purpose of scientific research and development and shall in no way be intended for human consumption/ingestion and is not intended for use as a conventional food or as a sole item of a meal or the diet under any circumstances.
Section 2.2 Buyer shall agree that any consumption of kratom and/or Unplugd Goods offered by Seller is a misuse of said Goods.
Section 2.3 Buyer shall not hold Seller liable for any seen or unforeseen consequence, nor harm or injury resulting in the misuse of said kratom and/or Unplugd Goods.
REGULATION AND RISK OF LOSS
Section 3.1. Buyer shall be wholly liable and responsible for any and all applicable local laws and taxes relating to the purchase of Goods.
Section 3.2 Seller shall deem the offer of Goods void where prohibited by law or legislation.
Section 3.3 In the event Goods are lost during transit due to Buyer negligence to obey applicable laws, Seller shall deem any loss the responsibility of the Buyer. Any risk of loss shall expressly pass to the Buyer upon the purchase of any Goods.
Section 4.1 Buyer shall affirm that the billing and shipping information given to Seller is truthful and accurate.
Section 4.2 Buyer affirms all personal information given is their own and not that of a third party.
RIGHT OF SALE REFUSAL
Section 5.1 Seller shall reserve the right to refuse sale or service to anyone for any reason.
Section 5.2 Under no circumstance shall Kratom Goods be shipped or sold to Buyers in the following countries: Thailand, Bhutan, Australia, Ireland, Israel, Finland, Denmark, Norway, Romania, Bulgari, Poland, Lithuania, Malaysia, Myanmar (Burma), nor shall Goods be shipped to the states of Alabama, Tennessee, Vermont, Wisconsin or Indiana (January 19, 2017). These restrictions are applicable for Kratom products only.
Section 6.1 Seller shall make all efforts to ship Goods to Buyer expeditiously and shall agree to the terms and conditions outlined in the Shipping and Returns section on this site.
Section 6.2 In the event of delay, Buyer shall acknowledge that Seller is not liable for any delay whether seen or unforeseen.
Returns are subject to the Returns Policy referenced in the Shipping and Returns section.
Section 8.1 The validity of these terms, conditions, provisions, restrictions and agreements shall not be affected by the declaration of one or more of the terms, conditions, provisions, restrictions and agreements legally invalid, illegal, or unenforceable.
Section 8.2 Each term, condition, provision, restriction and agreement shall stand on its own merit and shall not be deemed less valid by any seen or unforeseen change in the others, regardless of circumstance.
CHOICE OF LAW AND VENUE
Section 9.1 These terms, conditions, provisions, restrictions and agreement as well as any sale of Goods to Buyer, are deemed to have been agreed to in and occurred in the State of Colorado.
Section 9.2 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 Colorado.
Section 9.3 Buyer and Seller shall expressly agree that all actions or proceedings arising in connection with the sale of any Goods or these terms, conditions, provisions, restrictions and agreement shall be tried and litigated exclusively in the State or Federal Courts located in the State of Colorado.
Section 9.4 The Buyer shall waive the right to contest exclusive venue by any motion to transfer, motion for forum non-conveniens or related motions thereof.
DISCLAIMER OF LIABILITY
Section 10.1 The purpose of this agreement in whole is to alleviate any and all liability of the Seller for occurrences where harm or injury may result from the purchase, use, or misuse of the Goods.
Section 10.2 By purchasing the Goods, as the Buyer, you shall hereby affirm to the following representations:
a. For any kratom or Unplugd product, I am at least 18 years of age (or at least 21 years of age within the state of Louisiana and Illinois for Kratom products) and an adult under the laws of my State and Country.
b. I am in good health and am fully capable of making my own decisions and representations.
c. Disclosure of Limitation and disclaimer of warranties. I shall clearly understand that all Goods and information obtained through Seller shall be provided ‘AS IS’ and without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are hereby disclaimed. E3Live Products are excluded from this disclaimer.
d. In no event shall Seller be liable to me or any other person for any damages or injury which may be caused by use, misuse, or improper use of the Goods. Neither shall Seller be liable, to me or any other person, for actions taken, by me or any other person, resulting from reliance on information or views, stated or in written in literature obtained through Seller in any way. Waiver of liability includes all damages whether incidental, consequential, special, or similar.
e. I shall 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 which may incur 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.
f. There shall be 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, CONDITIONS, PROVISIONS, RESTRICTIONS AND THIS ENTIRE AGREEMENT CONTAINED HEREIN AS WELL AS ANY AND ALL CAUTIONS & WARNINGS, INCLUDING BUT NOT LIMITED TO GUIDANCE, WARNINGS OR RESTRICTIONS PRINTED ON ANY PRODUCT LABEL. By clicking on the AGREE TO TERMS AND RESTRICTIONS button prior to purchase, I hereby agree to this entire agreement and to carefully abide by any guidance, cautions & warnings stated on the MitraPura™ LLC website or on any Seller product labels.