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Conditions of Use

 TERMS AND CONDITIONS - PLEASE READ CAREFULLY

BY YOUR ACCESS AND USE OF THE WWW.PHYTOEXTRACTUM.COM WEB SITE (THE “SITE”), INCLUDING, BUT NOT LIMITED TO, ANY ORDER OR PURCHASE OF ANY PRODUCTS FROM THE SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS”). IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE, AND PROMPTLY RETURN ANY PURCHASED PRODUCTS.

1. Use of Phytoextractum products and User Representations. Some Phytoextractum products are NOT INTENDED FOR HUMAN CONSUMPTION or other unauthorized use. You represent, and acknowledge, as follows: you understand that some of Phytoextractum’s products are offered for herbarium specimen, collection, reference, incense, scientific research, and/or ornamental display purposes only; you are eighteen (18) years of age or older, or of the age of majority where you reside; you intend to use, and shall use, any products purchased through Phytoextractum for your own personal use, however, if you request the shipment of any products to a third party, you represent that the receiving party is also eighteen (18) years of age or older, or of the age of majority where that receiving party resides, and intends to use any products for his or her personal use; you understand that some of the products available on the Site are not intended for human consumption, and you have no intention of consuming those products marked as not intended for human consumption or marked as not intended for internal use.

Any communications or inquiries regarding human consumption of Phytoextractum products cannot be responded to, and will result in immediate termination of your access to the products on the Site. You understand that Phytoextractum’s products may not have been tested for safety and efficacy in commercial or any other use. Some products may contain toxins or chemicals which may be harmful if misused. Due care should be exercised with all products to prevent direct human contact. Only those who are familiar with Phytoextractum products should handle the products. Phytoextractum products are sold exclusively under the condition that they will not be adulterated, mislabeled, or used as precursor materials for any scheduled or otherwise prohibited materials. The products 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 disease. The historical data provided on this Site is for informational purposes only and is not intended as a substitute for advice from your physician or other health care professional or any information contained on or in any product label or packaging. 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.

2. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY. PHYTOEXTRACTUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. PHYTOEXTRACTUM PRODUCTS ARE OFFERED AND SOLD ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHYTOEXTRACTUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PHYTOEXTRACTUM BE LIABLE FOR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE, MISUSE OR UNAUTHORIZED USE OF ANY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; DAMAGES FOR LOSS OF USE, OTHER PROPERTY OR EQUIPMENT; LOSS OF PROFITS OR REVENUE; COST OF CAPITAL OR CLAIMS OF PURCHASER’S CUSTOMERS; OR OTHER PHYSICAL HARM OR MISFORTUNE.  WITHOUT LIMITING THE FOREGOING, ANY AND ALL CLAIMS ARISING OUT OF CONTRACT, NEGLIGENCE, TORT, STATUTORY, EQUITABLE, OR ANY OTHER LEGAL ACTIONS SHALL BE GOVERNED BY THIS LIMITATION OF LIABILITY.

3. Agreement to Indemnify, Defend and Hold Harmless. You shall indemnify, defend, and hold harmless Phytoextractum and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney fees) that Phytoextractum may sustain or incur arising from your (a) use of the products (including without limitation to storage, handling, and transportation of products); (b) use of the products by a third party with your authorization; (c) use of the products by a third party without your authorization, where such unauthorized use is due to your negligent act or omission, or willful misconduct; (d) failure to comply with any applicable laws and regulations (including, without limitation, those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products); or (e) breach of any of obligations set forth in these Terms. Phytoextractum will provide you with (i) prompt written notice of such claim of which Phytoextractum is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at your expense to settle and/or defend any such claim. Notwithstanding the foregoing, you shall not settle any such claim, suit or proceeding without the written consent of Phytoextractum, which shall not be unreasonably withheld.

4. Return of Goods / Refunds. All sales are final. An exchange or store credit may be available in certain circumstances. In order to qualify for an exchange or store credit, you must return the original purchased product. Phytoextractum may refuse return requests if the returned product is opened (all Phytoextractum products are packaged in heat-sealed zip locks), and Phytoextractum may deny an exchange or credit request upon inspection of the returned product. Phytoextractum will not reship a returned product for any reason. Illegitimate chargebacks will be contested and/or sent to collections for the original amount, with the addition of a $75 fee. Phytoextractum does not assume the responsibility of return shipping costs on any returned products (defective or otherwise). All orders are thoroughly inspected at Phytoextractum and adequately packed before shipment.

Phytoextractum’s return policy differs on certain items, as follows:

·         On all catalog items other than live plants or seeds, you must contact us within at least thirty (30) days of your receipt of the product in order to qualify for an exchange or store credit.

·         On live plants and seeds, you must contact us within at least three (3) days of your receipt of the product in order to quality for an exchange or store credit.

Subject to the disclaimers and limitations set forth above, Phytoextractum guarantees that live plants will arrive alive and healthy, if the following conditions are met: the package is delivered on the first attempt or provided a safe location for delivery; the package is immediately opened upon arrival and the contents cared for as specified in the enclosed care instructions; the package is not left exposed to the elements (or any other extreme conditions) upon delivery; and you report any damage to Phytoextractum within three (3) days of receipt, as noted above. As Phytoextractum has no control over your abilities as a grower, Phytoextractum does not guarantee plants’ continued survival once in your possession. If you believe that a product offered by Phytoextractum is not as described, your sole remedy is to return it in an unused condition for exchange or store credit.

5. Acceptable Orders Policy. In certain limited circumstances, such as where fraud or misuse of a product is suspected, Phytoextractum reserves the right to terminate any order at any time it deems necessary for any reason. Phytoextractum does NOT ship Kratom to the following states: Indiana, Tennessee, Vermont, or Wisconsin. Phytoextractum does NOT ship Kratom to the following countries: Australia, Thailand, Malaysia, and Burma/Myanmar, Finland, Denmark, Romania, Germany, and New Zealand. You, the purchaser, have the sole responsibility to fully research and comply with the state and federal regulations of your own place of residence.

6. Shipment Risk of Loss and Packaging. All prices are FOB Phytoextractum’s place of shipment, unless otherwise stated. Title to the goods, and risk of loss and damage, shall pass at place of shipment, with the only limitation being that, if an order is lost in transit by a courier, and the courier conducts an investigation and finds that the order was, in fact, lost in transit, then Phytoextractum will reship the products in the order. No reshipment or refund of any orders will occur if Phytoextractum receives a delivery confirmation of the order.

7. Force Majeure. Phytoextractum shall not be liable for any failure to deliver or delay of delivery of products where such failure or delay has been occasioned by fire, embargo, strikes, wars, accidents, acts of God, voluntary or involuntary compliance with any valid law or regulation of any governmental agency or authority, lack of transportation facilities, or similar causes beyond the control of Seller. In the case of the above events, Phytoextractum will make the shipment at a later date, and you must accept delivery at the agreed price, when the causes of such delay no longer exist.

8. Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

9. User Accounts. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your own computer. You agree to accept responsibility for all activities that occur under your account or password. Phytoextractum reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

10. Intellectual Property. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Phytoextractum or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Phytoextractum with copyright authorship for this collection by Phytoextractum and is protected by U.S. and international copyright laws. The software application provider and author for "Zen-Cart" is used under the GNU GENERAL PUBLIC LICENSE, and all original authorship and credit for Zen-Cart remains the intellectual rights of www.zen-cart.com.

Phytoextractum trademarks and trade dress may not be used in connection with any product or service that is not Phytoextractum, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Phytoextractum. All other trademarks not owned by Phytoextractum or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Phytoextractum or its subsidiaries.

Phytoextractum grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Phytoextractum. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Phytoextractum. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, pages, or forms) of Phytoextractum and our associates without express written consent. You may not use any meta-tags or any other "hidden text" utilizing Phytoextractum name or trademarks without the express written consent of Phytoextractum. Any unauthorized use terminates the permission or license granted by Phytoextractum. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Phytoextractum so long as the link does not portray Phytoextractum its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Phytoextractum logo or other proprietary graphic or trademark as part of the link without express written permission.

11. Reviews, Comments, Emails and Other Content. You may post reviews, comments, and other content, submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Phytoextractum reserves the right to remove or edit such content, but does not regularly review posted content.

If you post content or submit material, and unless we indicate otherwise, you grant Phytoextractum a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Phytoextractum and sub-licensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Phytoextractum for all claims resulting from content you supply. Phytoextractum has the right, but not the obligation, to monitor and edit or remove any activity or content. Phytoextractum takes no responsibility and assumes no liability for any content posted by you or any third party.

12. Governing Law, Venue, Disputes. These Terms are governed by, and shall be interpreted in accordance with, the laws of the State of Oregon, without regard to any choice of law provisions. You consent to the exclusive jurisdiction and venue in Multnomah County, Oregon, U.S.A., regarding any and all disputes arising out of or related to your use of the Site, or purchase or use of any products from the Site. Any such dispute shall be submitted to confidential arbitration in Oregon, except that, to the extent you have, in any manner, violated or threatened to violate Phytoextractum’s intellectual property rights, Phytoextractum may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

13. Miscellaneous. These Terms, and the Privacy Policy, together constitute the entire understanding between the parties and supersede any previous or contemporaneous communications, representations, or agreements, whether verbal or written. Phytoextractum reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Any use of the Phytoextractum Site following the posting of changes to the Terms indicates an acceptance and agreement as to those changes. These Terms take precedence over your additional or different terms and conditions, to which notice of objection is hereby given. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Questions:

Any questions should be directed to our support staff by clicking on the “Contact Us” link in the side menu. Or, you may email us at support@phytoextractum.com.

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