TERMS AND CONDITIONS

THESE TERMS OF USE (collectively the “TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE END USER (“You”) AND KKIND LLC (“Company”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE WEBSITE AND ONLINE SITES MADE AVAILABLE TO YOU BY Company, AND THEIR ASSOCIATED CONTENT, FEATURES, TOOLS, AND MATERIALS (collectively, the “Site”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR USE OF THE SITE AND ITS FEATURES.

IN PARTICULAR, THIS TOU CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT.

IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT, UNINSTALL, AND/OR CEASE ALL USE OF THE SITE IMMEDIATELY.

IMPORTANT – PRODUCT DISCLAIMERS

Kratom products are not to be used while operating motor vehicles or working with heavy machinery. Do not use Kratom products if pregnant, and ask a doctor for possible interactions if You are prescribed and taking medication. Kratom products are not recommended for long-term use, and may be habit-forming. Kratom products are not suitable for use by persons under the age of 21. Do not exceed the maximum suggested use level for any products described or made available on the Site.

The products described and/or made available on this Site have not been evaluated by the United States Food and Drug Administration, and are not approved to diagnose, treat, cure, or prevent any disease.

License Grant and Restrictions

This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Site solely for Your lawful business use as specifically described herein, conditioned on Your continued compliance with this TOU.

When using the Site in accordance with the foregoing license, You shall not directly or indirectly: (a) use the Site to create any service, software or documentation that performs substantially the same functionality as the Site; (b) disassemble, decompile, reverse-engineer or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Site or any of its components; (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Site in any service bureau arrangement or similar commercial purposes; (d) adapt, combine, create derivative works of or otherwise modify the Site; (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Site; (f) use or access the Site for any unlawful, fraudulent, deceptive, malicious, or otherwise harmful or injurious purpose; (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Site or accompanying documentation; (h) use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any third party’s authorized use of the Site; (i) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Site; or (j) probe, scan, or test the vulnerability of the Site or any systems or network infrastructure connected with the Site, including without limitation by stress testing or penetration testing.

User Obligations

You represent that You are at least twenty-one (21) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which You have all necessary rights, permission(s), or authority to provide) when submitting information through the Site. In addition, You are responsible for compliance with all applicable laws, rules, and regulations with respect to Your use of the Site (including use of any permitted copies of the Site materials and information).

The Site is not intended for use or access by any individual under the age of thirteen (13) years, and Company does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.

Your Account

You may be required to register an account to use the Site or certain features of the Site. Each registration is for a single user only, unless otherwise expressly agreed by Company. Registration for the Site may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Company in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the express prior written consent of Company, which may be granted or withheld in its sole discretion. You shall immediately notify Company if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. Company will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Site, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current.

Company reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Company has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Site is in violation of applicable law or this TOU.

Electronic Communications

Company may send emails or other electronic messages to You concerning Your use of the Site. You consent to receive such electronic communications and You agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

Purchases and Payments

The Site may contain the option for You to purchase products and services. The applicable fees or purchase price (and any applicable discounts, if available), period of plan or subscription, renewal opportunities, and permitted payment methods (e.g., credit or debit) will be specified through the Site at the time of order. All purchases are final and there will be no refunds or credits, except as otherwise provided in this TOU, indicated by Company in writing, or as expressly required under applicable law. All transactions are void where prohibited by law and Company may request additional information in order to confirm the order and method of payment. Company reserves the right to terminate or suspend access to the Site or any related plan, subscription, product, or service if You fail to pay any amounts when due.

You shall reimburse Company for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts. Unless otherwise specified herein, all obligations with respect to the amounts due to Company under the TOU shall survive the expiration or termination of the TOU for any reason.

When making or submitting a payment through the Site, You agree to pay using the payment methods indicated and grant authorization to Company and/or the applicable third-party payment service provider to charge Your payment methods indicated. Company and/or the applicable third-party service provider shall charge and You shall be responsible for payment of all taxes, tariffs, levies, or duties applicable to Your payment. All amounts submitted and processed under Your account will be denominated in the currency of the United States, and all transactions listed through the Site are denominated in U.S. dollars. You are responsible for: (a) the accuracy of all credit and debit card or other payment information that You provide to us; and (b) maintaining the confidentiality and security of Your account information. You are responsible for all transactions on Your account, including unauthorized transactions.

When You submit payment information to Company via the Site, You authorize Company (and its third-party payment service providers, as applicable) to use such payment information for purposes of handling and processing Your payment, as well as any other payment related features or functionality selected by You in the Site. In addition, You acknowledge and agree that Company may collect, store, transmit, and process certain aggregated, anonymized statistics regarding the payments and other transactions conducted via the Site, and expressly consent to Company’s collection and use of such data for any lawful purpose in its discretion.

Links to Third-Party Sites and Services

Certain services, features, or components made available via the Site are delivered by third-party providers. By using any product, service, or functionality originating from the Site, You hereby acknowledge and consent that Company may share such information and data with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality via the Site.

Company EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE SITE, AND YOU AGREE THAT Company SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE SITE.

Third-Party Terms and Conditions

Additional notices, terms, and conditions may apply to products, services, receipt of or access to certain materials, participation in a particular program, and/or specific portions or features of the Site, including without limitation the terms of third-party applications incorporating or utilizing the Site and/or Your accounts with third-party providers of such applications. You hereby agree that: (a) this TOU operates in addition to any terms of use imposed or required by any such third-party provider; and (b) the terms of this TOU supplement and do not alter or amend any such third-party terms of use.

Data Privacy

You understand, acknowledge, and agree that the operation of certain features of the Site may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to Company’s Privacy Policy available at https://krakenkratom.com/privacy-policy (as may be updated by Company from time to time), for a summary of Company’s policies and practices regarding personally identifiable information.

Proprietary Rights

All materials and information included as part of the Site, including without limitation all content, text, graphics, logos, and images made available on the Site, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Site, are the property of Company or its applicable third-party licensors, and are protected by copyright and other laws governing intellectual property and proprietary rights. Company reserves all rights in the Site not expressly granted herein.

You agree that You do not acquire any ownership rights in any part of the Site under this TOU or through Your use of the Site. Company does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.

Submissions

Certain features of the Site may permit You to upload, post, display, transmit, or otherwise provide certain communications, reviews, information, content, or other materials to the Site (each a “Submission” and collectively “Submissions”). You hereby grant to Company a royalty-free, fully transferable, fully sublicensable license to use, display, copy, perform, reproduce, modify, record, distribute, and create derivative works of Submissions in connection with: (i) Company’s operation of the Site and its features and functionalities; (ii) Company’s development, promotion, and implementation of its products, services, and business operations; and (iii) Company’s research, development, and other non-profit operations.

In addition, You agree that You will not upload, post, display, or transmit any Submission(s) that:

(a) are illegal, defamatory, deceptive, fraudulent, discriminatory, tortious, obscene, pornographic, or otherwise objectionable;

(b) infringe, misappropriate, or otherwise violate the personal or proprietary rights of others;

(c) contain any virus, malware, worm, Trojan horse, disabling device, or any other harmful or malicious script, code, or tool;

(d) impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity;

(e) unsolicited communications, promotions, or advertisements, or spam;

(f) harms, harasses, threatens, or violate the rights of any third party, or promotes, provokes, or incites violence; or

(g) constitutes false advertising, false endorsement, or is otherwise false, misleading, or likely to cause consumer confusion.

Company may screen, review, edit, moderate, or monitor Submissions from time to time at its discretion, but has no obligation to do so. In any event, Company is not responsible for Your or any other user’s Submissions, and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions.

By uploading, posting, displaying, transmitting, or otherwise providing a Submission to the Site, You represent and warrant that: (1) You possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Company to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (2) each Submission is in full compliance with all applicable laws and regulations; and (3) Your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.

Feedback

“Feedback” means any feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement communicated to Company by You regarding the Site or Company’s products and services. From time to time, You may voluntarily provide Feedback to Company, whether or not in response to specific requests or solicitation by Company. In such event, You grant to Company a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in Company’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this TOU for any reason.

Indemnification

You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorney’s fees) relating to or arising out of Your violation of (a) this TOU, (b) any personal or proprietary rights of a third party, or (c) any applicable laws, rules, or regulations. Company 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 Company in asserting any available defenses.

Disclaimers and Excluded Liability

COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE WHATSOEVER REGARDING THE QUALITY, ACCURACY, EFFECTIVENESS, LEGALITY, RELIABILITY, OR TIMELINESS OF ANY SERVICES, CONTENT, OR INFORMATION MADE AVAILABLE IN CONNECTION THEREWITH OR ANY RESULTS OBTAINED THEREFROM. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE SITE ARE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RESULTS OF SUCH USE AND ACCESS, SUCH THAT COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION NOW KNOWN OR HEREAFTER ESTABLISHED.

IN NO EVENT SHALL COMPANY BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORSEEABLE OR IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.

CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

No Professional Advice

The content and information contained in or made available through the Site (including but not limited to any Submission) cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Site should be treated or construed as professional financial, tax, medical, psychological, therapeutic, or legal matters. You should not use the information on this Site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.

You acknowledge that You are solely responsible and accountable for your decisions, actions, and results regarding finances, tax, and personal health, and agree that Company shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Site.

Term, Termination, and Suspension

This TOU takes effect (or re-takes effect) at the moment You first access, use, install, and/or log into the Site. Company reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Site, or to any portion thereof, in order to protect its name and goodwill, its business, its ownership and other rights in the Site or any content or information therein, the security and stability of the Site, and/or the rights of others. This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this TOU at any time by ceasing to use the Site, but each re-access or renewed use of the Site will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by Company hereunder shall immediately terminate, and You must immediately cease all use of the Site. The provisions of this TOU concerning Company’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, indemnification rights, arbitration, class action waiver, injunctive relief, and governing law will survive the termination of this TOU for any reason.

Without limiting the foregoing, Company reserves the right, in its sole discretion, to terminate or suspend Your access to the Site or any feature or portion thereof at any time, without notice to You, if Company reasonably determines or suspects that You are in violation of this TOU.

Arbitration

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this TOU, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in Portland, Oregon. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. 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 this TOU for any reason. Notwithstanding the foregoing, Company may bring a claim for injunctive relief against Your violation of this TOU in any court of competent jurisdiction.

Class Action Waiver

BY USING THE SITE AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOU OR YOUR USE OF THE SITE. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOU AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

Governing Law

This TOU is governed by the laws of the State of Oregon, without reference to its principles of conflict of laws. Subject to the foregoing arbitration requirements, any claim, suit, or other proceeding brought between the You and Company under this TOU shall be adjudicated exclusively in the state and federal courts sitting in Portland, Oregon and You hereby expressly submit to such jurisdiction for the final resolution thereof.

The Site may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph.

Independent Contractors

The relationship between You and Company under this TOU is that of independent contractors, and nothing herein or in Your use of the Site shall be construed as creating any joint venture, partnership, employment, or agency relationship.

Security and Compliance

Company reserves the right to view, monitor, and record Your activity on the Site without notice or permission from You. Company’s provision of the Site is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Company’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Site or information provided to or gathered by Company with respect to such use.

Export Controls

You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo or sanction; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Site is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

Severability and Waiver

If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed reformed or severed from this TOU to the minimum extent required by such order or law, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.

Company’s failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance by You. No waiver by Company of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to Company not readily quantifiable as money damages, such that Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.

Changes to Terms

Please note that Company reserves the right to change the terms and conditions of this TOU by posting a revised set of terms to this location, and/or providing such alternate notification to You as may be expressly required by applicable law. In addition, Company may add, modify, or delete any aspect, component, or feature of the Site, but Company is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be deemed as conclusive acceptance of any change to the TOU. Accordingly, please review the TOU on a periodic basis.

If You have any questions or comments regarding this TOU, please contact Company at: support@kratomkind.com