These terms of use (“Terms of Use”) are for the American Kratom Association (“AKA”) website located at www.americankratom.org and other websites operated by or on behalf of the AKA that link to these Terms of Use (the “Website”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITE.
References to “you” in these Terms of Use means both (a) you individually (unless otherwise stated on the Website or in these Terms of Use) and (b) any entity or individual who is your employer or for whom you act as an agent, to the extent you access or use the Website in your role as an employee or agent of a third party.
WARNING: YOU MUST BE AT LEAST 18 YEARS OLD TO USE THIS WEBSITE.
Last revised: November 7th, 2022
If you have any questions about these Terms of Use, please contact us via the form on the contact page.
1. Website Content and AKA Programs. This Website is made available solely for general informational and educational purposes for various topics relating to kratom (mitragyna speciosa) and the AKA’s advocacy and industry initiatives (“AKA Programs”).
Nothing on this Website should be construed as legal advice or a recommendation regarding any decision or action related to you, your products, or your business. The Website and its contents may be out of date at any given time, and the AKA is under no obligation to update such material.
Nothing on this Website should be construed as advice or a recommendation regarding any decision or action related to your health or the health of others. Any statements regarding any products have not been evaluated by the Food and Drug Administration. If you are a patient, you should consult a qualified health care professional regarding any questions you have about your health or before making any treatment decisions. If you are a qualified health care professional, you should not allow the Website to substitute for your own medical judgment, which you should exercise in evaluating the information on this Website.
2. No Warranties. THE WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH IT (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. THE AKA MAKES NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, ACCURACY, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING MATERIALS BEFORE RELYING ON THEM. THE AKA MAKES NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF THE WEBSITE (OR ANY PORTION THEREOF) WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR THAT DEFECTS OR INACCURACIES IN THE WEBSITE OR THE MATERIALS WILL BE CORRECTED.
3. Limitation of Liability. YOUR USE OF THE WEBSITE AND THE MATERIALS IS AT YOUR SOLE RISK. THE AKA SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE MATERIALS, EVEN IF THE AKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE AKA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You understand the legal risks associated with the use, cultivation, distribution, commercialization, or possession of kratom. You warrant that the AKA is not responsible for any liability, loss, claims, or damages of any kind that you may incur, whether civil or criminal. You are responsible for knowing the laws of your own municipality. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. Privileged and Confidential Hogan Lovells Draft 19 OCT 2022 The foregoing does not apply to liability arising from any fraud or fraudulent misrepresentations, or any other liability that cannot be limited by applicable law.
4. Third Party Products, Services, and Content. Any description or reference to non-AKA programs, products or services on the Website is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by the AKA. The Website and the Materials may include links to third party websites. Links do not imply endorsement by the AKA. The linked websites are not under the control of the AKA; the AKA is not responsible for the content on, or privacy practices of, linked websites; and the AKA disclaims all liability with regard to your access to linked websites. Links are provided as a convenience to users and access is at your own risk.
5. Other Terms and Conditions. Some Materials available through the Website may have their own terms and conditions (“Other Terms and Conditions”) and, in such cases, the Other Terms and Conditions shall also apply with respect to such Material. In the event that any of the terms and conditions contained herein conflict with Other Terms and Conditions, the Other Terms and Conditions shall control solely with respect to the particular Material.
6. Minimum Age Requirement. You affirm that you are at least 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and to comply with these Terms of Use. Persons under the age of 18 are not permitted to use or access this Website.
7. Indemnification. You agree to indemnify and hold the AKA, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from and against any and all claims, actions, demands, losses, expenses, and damages (including reasonable attorneys’ fees) arising out of or related to your use of the Website and/or any Materials, any violation of these Terms of Use, or any violation of any rights of any person by you. The AKA reserves, and you grant to the AKA, the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the AKA.
8. Modifications. The AKA may change the Website and revise, add, or remove any Materials at any time. The AKA may update or otherwise modify these Terms of Use or any Other Terms and Conditions at any time. When the AKA modifies these Terms of Use, the AKA will incorporate the modifications into this document and will revise the “last updated” date at the top of this web page. Modifications to these Terms of Use and any Other Terms and Conditions will automatically be effective when posted on the Website. Please check these Terms of Use and any Other Terms and Conditions prior to each access and use of the Website. Your continued access and use of the Website following the posting of modifications to the Terms of Use and any Other Terms and Conditions constitutes acceptance of those modifications.
