Terms and Conditions
Agreement between User and ViableKratom.com
Welcome to ViableKratom.com. The ViableKratom.com website (the “Site”) is comprised of various web pages operated by Viable Solutions dba Viable HS LTD (“Viable Solutions”). ViableKratom.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ViableKratom.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
ViableKratom.com is an E-Commerce Site.
The sale of kratom, kratom extracts, tinctures, CBD products, and accessories.
The products, claims, reviews, & testimonials made about products & services on or through this site have not been evaluated by Viable Solutions dba Viable HS LTD or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information provided on this site & any information contained on or in any product label or packaging is for informational purposes only & is not intended as a substitute for advice from your physician or other health care professional. 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 should consult with a healthcare professional before using any of our products, starting any diet, exercise, supplementation program, taking any medication, or if you have or suspect you might have a health problem or have a family history of health problems. Individual results may vary. Viable Solutions dba Viable HS LTD urges you to seek the advice of a qualified professional for any health concern lasting more than two weeks, and to share with your provider any information pertaining to your health & well-being, including the use of supplemental nutrition. You should not stop taking any medications without first consulting your physician.
Disclaimer of Liability
The purpose of this Terms and Conditions agreement is to alleviate any and all liability of the Seller for occurrences where harm or injury resulted from the purchase, use, or misuse of the Goods. By purchasing the Goods you are hereby affirming the following representations:
It is the sole responsibility the Buyer to comply with all laws and regulations of the particular jurisdiction which the customer is in.
I am fully responsible for being aware of the laws and regulations in my state, county, or municipality in regards to the products I’m purchasing, and take full responsibility for any outcomes or damages resulting from purchasing and having products shipped to my location. I acknowledge that Viable Solutions dba Viable HS is shipping my purchases to me at my direction and on my behalf, and is not responsible for knowing the details of my local laws. By providing a shipping address for products, I am informing the Seller that I believe that the products ordered are in compliance with all laws and regulations of the shipping destination.
I am over 21 and an adult under the laws of my State and Country.
I am in good health and am capable of making my own decisions and representations.
LIMITATION AND DISCLAIMER OF WARRANTIES
I clearly understand that all Goods & information obtained through Seller are provided ‘AS IS’ and without warranty, express or implied. All implied warranties of merchantability, fitness for a particular purpose, are hereby disclaimed.
In no event will Seller be liable to me or anyone else for any damages or injury caused by use, misuse, or improper use of the Goods. Neither shall Seller be liable, to me or anyone else, for actions taken, by me or anyone else, resulting from reliance on information or views, verbal or in literature obtained through Seller in any way. Waiver of liability includes all damages whether incidental, consequential, special, or similar.
I 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 incurred 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.
There are no circumstances in which Seller shall be liable for any damages whether direct or indirect, special, incidental, consequential or punitive.
When you buy any product from our site, we guarantee the order will be shipped to the address we are given. If the tracking shows it is delivered to the address we are given, from that point we are not responsible for lost or stolen packages – you must file a claim with the company that shipped the package if you believe it was their fault and wish to be reimbursed. If the package is returned for any reason a refund will be issued to the payment method used for the order, less shipping.
The Seller is not responsible for orders shipped to an incomplete or incorrect address provided by the Buyer. It is the Buyer’s responsibility to provide a correct address address and be available for delivery. If the package is returned for any reason a refund will be issued to the payment method used for the order, less shipping.
If your packaged is damaged upon delivery, please forward pictures of the damaged packaging, contents, and any notices received from the shipping company. If you do not do this, we may not be able to reimburse you for any products damaged or missing as a result. Every order we send is insured, and taking and forwarding the pictures will ensure that a claim can be filed with the shipping company and your damaged items can either be refunded or replaced. You can also file a claim with the shipping company if you would like to be reimbursed by them rather than us.
Shipping costs are not refundable. If we are given an incomplete or wrong address and the order is returned to us as a result, a refund will be issued to the card charged for the order total less the shipping paid by the Buyer. The Buyer will be responsible for placing a new order with new shipping fees. If the error was made on our part, we will pay secondary shipping fees or refund the cost of the entire order.
Visiting ViableKratom.com or sending emails to Viable Solutions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Viable Solutions is not responsible for third party access to your account that results from theft or misappropriation of your account. Viable Solutions and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under 18
You must be 21 years or older to purchase from this website. Viable Solutions does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. By place an order you confirm that you are at least 21 years of age. If you are under 21 years of age please cease placing your order and exit our website immediately.
Unopened products may be returned within 30 days of receipt for a no questions asked free refund, we pay the postage. Please e-mail firstname.lastname@example.org for your return shipping label.
Returned eCheck & ACH Payments
As explained at checkout when ACH or eCheck payment is selected, payments that are returned for any reason are forwarded to ARM for collections, and will be assessed a $25 fee. We do this because we do not have the resources, or experience, to manage the number of returned payments via these methods that we receive. The fee is imposed because we are charged a fee by the bank and/or payment processor when your payment is returned, as well as the fee by ARM to manage your account. It your responsibility to ensure that funds are available for your purchase and that all information is entered correctly when the payment information is submitted.
Credit & Debit Card Payments 5% Fee
As explained at checkout, there is a 5% additional charge for all card transactions. This is reflected in the total purchase price shown on your card statement. This is due to the exorbitant costs, reserves, and risks involved in processing card transactions for kratom and CBD products. If you would to avoid this fee, we offer other options at checkout without the fee, and other that even provide you a discount.
Links to Third Party Sites/Third Party Services
ViableKratom.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Viable Solutions and Viable Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Viable Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Viable Solutions of the site or any association with its operators.
Certain services made available via ViableKratom.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ViableKratom.com domain, you hereby acknowledge and consent that Viable Solutions may share such information and data with any third party with whom Viable Solutions has a contractual relationship to provide the requested product, service or functionality on behalf of ViableKratom.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Viable Solutions or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Viable Solutions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Viable Solutions and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Viable Solutions or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Viable Solutions has no obligation to monitor the Communication Services. However, Viable Solutions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Viable Solutions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Viable Solutions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Viable Solutions’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Viable Solutions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Viable Solutions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Viable Solutions spokespersons, and their views do not necessarily reflect those of Viable Solutions.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to ViableKratom.com or Posted on Any Viable Solutions Web Page
Viable Solutions does not claim ownership of the materials you provide to ViableKratom.com (including feedback and suggestions) or post, upload, input or submit to any Viable Solutions Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Viable Solutions, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Viable Solutions is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Viable Solutions’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your Viable Solutions account to third party accounts. By connecting your Viable Solutions account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
MS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Text Marketing. By providing your phone number at checkout, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from ViableKratom.com at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply.
The Service is controlled, operated and administered by Viable Solutions from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Viable Solutions Content accessed through ViableKratom.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Viable Solutions, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Viable Solutions 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 Viable Solutions in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. 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 these Terms and Conditions.
Any disputes will be handled in the EU.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Viable Solutions agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VIABLE SOLUTIONS DBA VIABLE HS LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VIABLE SOLUTIONS DBA VIABLE HS LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VIABLE SOLUTIONS DBA VIABLE HS LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Viable Solutions reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Viable Solutions as a result of this agreement or use of the Site. Viable Solutions’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Viable Solutions’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Viable Solutions with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Viable Solutions with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Viable Solutions with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Viable Solutions reserves the right, in its sole discretion, to change the Terms under which ViableKratom.com is offered. The most current version of the Terms will supersede all previous versions. Viable Solutions encourages you to periodically review the Terms to stay informed of our updates.
Viable Solutions welcomes your questions or comments regarding the Terms:
Viable Solutions LLC
62 6th St N
Nampa, ID 83687
Effective as of January 01, 2020