THE SALE OF KRATOM TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED. PROOF OF AGE IS REQUIRED FOR PURCHASE

Please read these Terms and Conditions carefully in that they contain various important warnings and disclaimers

1. Introduction and General Terms

EZ Distribution, LLC d/b/a EZ Kratom (“EZK,” “we,” “us,” “our”) offers through its Website numerous products. These Terms and Conditions of Purchase (“Terms and Conditions”) written on this Website shall manage your use of this Website and the purchase of any product on this Website. These Terms will be applied fully and affect your use of this Website and the purchase of any product on this Website. By using this Website, activating, using, or paying for any of the products offered on this Website, you are accepting and agreeing to be bound by all Terms and Conditions written here. You must not use this Website or purchase any products offered on this Website if you disagree with any of this Website’s Terms and Conditions.

2. Your Account

You may need to set up an account (collectively “Account”) in order to purchase products on this Website. You are responsible for ensuring that any information you provide us in connection with your Account, including contact information and billing information, is accurate and remains current.

You are responsible for any activity that occurs on or through your Account. We do not guarantee the security of your Account, so please ensure that your credentials for accessing or using your Account, such as your passwords, personal identification numbers, or other personal information are secure. If you learn of any unauthorized use of your Account, please contact us immediately. We cannot and do not guarantee that an unauthorized person will not obtain access to your information or Account.

3. Financial and Payment Terms

First-time COD payments require ID/Payment verification and first-time eChecks will require an active bank account, as well as a 5-day business day hold period.

1. Returned Check Fees. By purchasing from our Website, you agree to pay any and all fees that are associated with a check being returned back to your account. This includes any returned check fee that our bank charges us (currently $12.50 per check) as well as any processing fees associated with the returned check (roughly 6% of the entire order total equates to the processing fee). When a check gets returned back to the customer, it increases our chance of getting the bank account blacklisted due to a “high number of returned checks.”
2. Unpaid COD Fees. If you order via COD as your payment method, and you change your mind, refuse the package, or simply were not around to pay for the COD – your account will be blocked until repayment is made for the shipping cost that was lost.Whether or not you accept the package, we always lose the shipping cost, and we cannot get it back. We do not like to be this type of company that charges for every little thing (for example, restocking fees we feel are a little ridiculous), but the lost revenue is adding up very quickly, unfortunately, so we have to figure out a way to combat this.

4. WARNINGS AND DISCLAIMERS

PLEASE READ THIS PROVISION CAREFULLY.
IT PROVIDES IMPORTANT WARNINGS AND DISCLAIMERS.THE SALE OF KRATOM TO PERSONS UNDER THE AGE OF 21 IS PROHIBITED. PROOF OF AGE IS REQUIRED FOR PURCHASE.

THE STATEMENTS AND PRODUCTS ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (FDA). THE PRODUCTS MENTIONED ON THIS WEBSITE ARE NOT INTENDED TO DIAGNOSE, PREVENT, TREAT, MITIGATE, OR CURE ANY DISEASES OR HEALTH CONDITIONS. KRATOM, ALSO KNOWN AS MIRAGYNA SPECIOSA, HAS NOT BEEN APPROVED BY THE FDA AS A DIETARY SUPPLEMENT. THE PRODUCTS ON THIS WEBSITE HAVE NOT BEEN DEEMED FIT FOR HUMAN CONSUMPTION BY THE FDA. 

THE FDA HAS EXPRESSED THAT THERE ARE SERIOUS CONCERNS REGARDING THE TOXICITY OF KRATOM IN MULTIPLE ORGAN SYSTEMS. THERE HAVE BEEN REPORTS OF ADVERSE HEALTH CONDITIONS ASSOCIATED WITH USING KRATOM, INCLUDING BY THE FDA. THE ADVERSE HEALTH IMPACTS ASSOCIATED WITH THE CONSUMPTION OF KRATOM MAY INCLUDE, BUT ARE NOT LIMITED TO, RESPIRATORY DEPRESSION, NERVOUSNESS, AGITATION, AGGRESSION, SLEEPLESSNESS, HALLUCINATIONS, DELUSIONS, TREMORS, LOSS OF LIBIDO, CONSTIPATION, SEIZURES, SKIN HYPERPIGMENTATION, NAUSEA, VOMITING, WEIGHT LOSS, ADDICTION, ABUSE, AND SEVERE WITHDRAWAL SIGNS AND SYMPTOMS. BEFORE YOUR USE OF ANY PRODUCTS ON THIS WEBSITE, YOU ARE ADVISED TO INFORM A LICENSED HEALTHCARE PROVIDER OF YOUR INTENT TO USE SUCH PRODUCTS AND CONSULT WITH SUCH HEALTHCARE PROVIDER ON HOW TO USE SUCH PRODUCTS SAFELY, POTENTIAL INTERACTIONS, AND OTHER POSSIBLE COMPLICATIONS AND TO PROCEED WITH ENHANCED CAUTION. DO NOT USE ANY PRODUCT ON THIS WEBSITE IF YOU ARE PREGNANT, PLAN TO BECOME PREGNANT, OR WHILE BREASTFEEDING. DO NOT USE ANY PRODUCT ON THIS WEBSITE IF YOU HAVE A PRIOR MEDICAL CONDITION OR USE PRESCRIPTION MEDICATIONS UNLESS DIRECTED BY A HEALTHCARE PROVIDER. 

ANY INFORMATION ON THIS WEBSITE IS PRESENTED SOLELY AS THE OPINIONS OF THEIR RESPECTIVE AUTHORS AND NOT THAT OF E-Z KRATOM OR ITS OWNERS OR EMPLOYEES AND NEITHER SUCH AUTHORS NOR E-Z KRATOM CLAIM IN ANY WAY, SHAPE, OR FORM TO BE MEDICAL PROFESSIONALS OR IN ANY MANNER PROVIDING MEDICAL ADVICE. E-Z KRATOM AND ITS OWNERS AND EMPLOYEES CANNOT BE HELD RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR ANY INACCURACY OR APPLICATION OF ANY INFORMATION PROVIDED ON THIS WEBSITE OR OTHERWISE PROVIDED NOR OR IN MANNER BE LIABLE FOR THE USE OF ANY PRODUCT ON THIS WEBSITE. BY ORDERING ANY PRODUCT ON THIS WEBSITE, YOU ACCEPT FULL RESPONSIBILITY FOR THE USE OF ANY SUCH PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY ADVERSE EVENTS OR HEALTH COMPLICATIONS. PLEASE CONSULT E-Z KRATOM’S TERMS AND CONDITIONS FOR FURTHER INFORMATION, DISCLAIMERS, AND WARNINGS.

YOU ARE ENCOURAGED TO REVIEW THE FDA WEBSITE FOR FURTHER INFORMATION REGARDING THE PRODUCTS ON THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPORT ALERT 54-15 BY THE FDA LOCATED AT https://www.accessdata.fda.gov/cms_ia/importalert_1137.html

By purchasing any products on this Website, you agree that you are aware and in compliance with any applicable local, county, state, federal, or other applicable regulations. E-Z Kratom does not ship to any cities, counties, states, or other jurisdictions wherein kratom is restricted, including, but not limited to, the following: Alabama; Arkansas; Louisiana; Indiana; Rhode Island; Vermont; Wisconsin; Utah; Sarasota County, FL; Alcorn, Calhoun, Itawamba, Lowndes, Monroe, Noxubee, Prentiss, Tippah, Tishomingo, and Union County, MS; Corinth, Derman, Fulton, Guntown, Iuka, Mantachie, Marietta, New Albany, Okolona, Oxford, Pontotoc, Ripley, Saltillo, Senatobia and Vardaman, MS; Monument and Parker, CO; San Diego, CA; Jerseyville, IL; and, Oceanside, CA. 

5. How we May Contact You

You understand and agree that on occasion it may be necessary that we contact you regarding your Account or your purchases. Accordingly, you agree that we may contact you using any method that you have provided to us or will provide to use in the future, including by phone, mail, email, text message, push notifications, or other medium. You agree that notices provided to you using any of these methods are sufficient to be deemed to be received by you. You agree to contact us promptly if any contact number we have for you has changed. 

6. Your Content

In these Terms and Conditions, “Your Content” shall mean any audio, video text, images, or other material you choose to display on this Website. By displaying Your Content, you grant us a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. We reserve the right to remove any of Your Content from this Website at any time, for any reason or no reason, and without notice.

7. Intellectual Property Rights

Other than Your Content, you agree that this Website any and information on this Website are protected by trademark, copyright, patent, and/or intellectual property laws either on behalf of us or on behalf of the parties who authored any of the content on this Website. You are granted a limited license only for purposes of viewing the material contained on this Website. 

You agree that our name and related logos and related product names, design marks, and/or slogans are trademarks and service marks owed by and used by us. You are not authorized to use our name, logos, product names, design mark, or slogans in any advertising, publicity, or in any other commercial manner without our prior written consent which may be withheld for any or no reason. 

8. Dispute Resolution by Binding Arbitration

Please read this carefully. It affects your rights. Its provides that any dispute may be resolved by binding arbitration. Arbitration replaces your right to a jury and the right to participate in a class action or similar proceeding. 

You and EZK agree to arbitrate all disputes between us, except for claims arising from bodily injury or death. This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:

• Claims arising out of or relating to any aspect of the relationship between you and us, these Terms and Conditions, your use of this Website, or your purchase of any products from us whether based in contract, tort (including intentional tort), agency, fraud, your or out negligence, misrepresentation, statutory or regulatory provisions,  common law, or any other sources of law and regardless of what remedy (damages, injunctive relief, or declaratory relief) a party is seeking;
• Claims made as counterclaims, cross-claims, third party claims, interpleaders, or otherwise; 
• Claims that arose before the existence of these Terms and Conditions or any prior Terms and Conditions; 
• Claims for mental or emotional distress or injury not arising out of bodily injury; 
• Claims that are currently the subject of a proposed class action litigation in which you are not a member of a certified class; and, 
• Claims that may arise after the termination of these Terms and Conditions or the termination of your right to use this Website or to purchase products from this Website.

Any arbitration under this agreement to arbitration or pursuant to these Terms and Conditions will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that, by entering into these Terms and Conditions, you and us are waiving a right to a trial by jury or to participate in a class action. 

These Terms and Conditions evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. Any questions about whether a claim is subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it be enforced. This arbitration provision shall survive termination of these Terms and Conditions or the termination of your right to use this Website or to purchase products from this Website. 

1. Arbitration Procedure. The arbitration will be governed by the rules governing the American Arbitration Association (“AAA”), as modified by this arbitration provision, and will be administered by the AAA. If the AAA is unavailable, another arbitration provider shall be selected by the parties or, if the parties cannot agree on a provider, by the court. The AAA Rules and how to initiate an arbitration are available online at www.adr.org. Unless otherwise agreed to in writing by the parties, a single, neutral arbitrator will resolve all claims. All issues related to any claim are for the arbitrator to decide, except issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration which are for the court to decide. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. Any award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.Unless we and you agree otherwise in writing any arbitration hearing will take place in Pasco County, Florida. The parties may agree in writing that the arbitration will be conducted through a telephonic or videoconference hearing instead of an in-person hearing.
2. Arbitration and Other Fees. The party initiating the arbitration shall pay the initial AAA filing fees. If you file, you pay; if we file, we pay. Thereafter, regardless of who initiated the arbitration, all other AAA administration, case-management, hearing, and arbitrator fees shall be allocated as provided by the rules of the AAA. You or we may choose to be represented by counsel, but the parties will pay their own attorneys’ fees, experts fees, witness fees, and other expenses regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. 
3. Requirement of Individual Arbitration.The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief; class and representative claims; and, consolidation is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.

9. Governing Law and Jurisdiction

You acknowledge and understand that these Terms and Conditions and any and all matters arising out of or relating to these Terms and Conditions and/or arising out of or relating to your use of this Website or purchase of any products from us shall be governed by the laws of the State of Florida.

 Further, any and all disputes (unless otherwise modified herein in relation to arbitration) related to or arising out of these Terms and Conditions and any and all matters arising out of or related to your use of this Website or purchase of any products from us shall be brought in a state or federal court located in Pasco County, Florida.

10. Restrictions

You are specifically restricted from all of the following:

• Using this Website in any way that is or may be damaging to this Website or us;
• Using this Website in any way that impacts user access to this Website;
• Using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity, including, but not limited to, us;
• Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
• Using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and we may further restrict access by you to any areas of this Website, at any time, for any reason or no reason, at our sole discretion. 

11. Disclaimer of Warranties and No warranties

THIS WEBSITE AND ANY PRODUCTS OR MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WE EXPRESS NO REPRESENTATIONS, GUARANTIES, OR WARRANTIES OF ANY KIND RELATED TO THIS WEBSITE OR THE PRODUCTS CONTAINED ON THIS WEBSITE.

TO THE GREATEST EXTENT PERMITTED BY LAW, WE AND ANY OF OUR PAST, PRESENT, AND FUTURE OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER ORAL, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. NO ONE IS AUTHORIZED TO MAKE WARRANTIES ON OUR BEHALF.

12. Limitation of liability

In no event shall any of our past, present, and future officers, employees, agents, or partners be held liable for anything arising out of or relating to any aspect of the relationship between you and us, your use of this Website, or your purchase of any products from us. 

You also acknowledge and agree that we have the right, to the greatest extent provided by applicable law, to limit the scope and extent of our potential liability to you. Accordingly, to the greatest extent permitted by law, we and our past, present, and future officers, employees, agents, and partners are not liable to you for any indirect, incidental, special, consequential, treble, punitive, or exemplary damages for any reason. Disallowed damages include, but not are limited to, damages for personal injury; property damage; or loss of revenue, profits, business, goodwill, use, data, or other tangible or intangible losses (even if we have been told of the possibility of those damages) resulting from anything arising out of or relating to any aspect of the relationship between you and us, your use of this Website, or your purchase of any products from us.

13. Customer Reviews and Articles

The Website may contain customer reviews. These reviews are not necessarily representative of all of those who purchase our products. The reviews are applicable to the individuals writing them only. The reviews displayed are given verbatim except for correction of grammatical or typing errors. Some testimonials may have been shortened so that the whole message received by the writer is not displayed. This is done only when a review is lengthy, contains personal information, or contains information that is not relevant. 

The reviews on this Website are solely the opinions of the respective customers and not the views of EZK or its past, present, and future officers, employees, agents, or partners. The reviews on this Website are not intended, nor should they be construed, as claims that the products on this Website can be used to diagnose, prevent, treat, mitigate, or cure any diseases or health conditions. No review has been clinically proven or evaluated, and no medical claims whatsoever are made.

This Website may also contain various articles. The information in these articles are solely the opinions of third-party authors and not those of EZK or its past, present, and future officers, employees, agents, or partners. EZK and its past, present, and future officers, employees, agents, or partners are in no way, shape, or form claim to be medical, scientific, or legal professionals and cannot be held responsible for and will not be liable for any inaccuracy or application of any information provided in these articles.

Also, nothing contained on this Website shall be interpreted as advising you.

14. Indemnification

To the fullest extent allowed by applicable law, you agree to release, hold harmless, indemnify, and defend us and our past, present, and future officers, employees, agents, and partners from any and all claims of any person or entity for damages, fines, penalties, attorneys’ fees, costs, or other expenses of any nature arising out of or relating to, directly or indirectly:  (1) your use of this Website; (2) your purchase of any product on this Website;  (3) your access to, use of, or inability to access or use this Website or any products on this Website; (4) any violation by you of these Terms and Conditions; (3) any violation of law by you (including your negligence, willful misconduct, and infringement of anyone’s intellectual property rights); or, (5) any other claim, demand, action, or complaint by any person or entity claiming by or through you that in any way arises out of or relates to these Terms and Conditions, your use of this Website, or your purchase of any product on this Website. 

15. Miscellaneous

1. Your Ability to Contract. By proceeding to activate, use, or pay for any of our products – which constitutes acceptance of these Terms and Conditions – you are confirming that you are 21 years or older and have the capacity to enter into binding contracts.
2. Changes to these Terms and Conditions. We may add, modify, or delete any of these Terms and Conditions. We will provide you with notice of all changes that are materially adverse to you by posting on the Website and you are expected to review these Terms and Conditions on a regular basis. Your continued use of this Website and continue purchase of products on this Website after the effective date of the change means you have accepted the change. 
3. Severability. If any provision of these Terms and Conditions are found to be unenforceable, the remaining provisions will remain in full force and effect.
4. Entire Agreement. These Terms and Conditions constitutes our entire agreement and supersedes any prior or contemporaneous agreements or understandings between us or any reliance on marketing materials or statements or promises by us.