Remarkable Herbs

Still Remarkable

Remarkable Herbs is all about the Herbs.
We specialize in Ethnobotany to gain a better understanding of not only the quality herbs we offer, but also to respect how these products have been used through time. We strive to provide you with the rarest and freshest herbs, seeds, bark, roots, extracts, and smoking blends available on the planet.

Terms and Conditions

Terms and Conditions

TERMS AND CONDITIONS OF PRODUCT USE
THANKS FOR CHOOSING WHOLE HERBS PRODUCTS. THIS DOCUMENT (THE “TERMS” OR THIS “AGREEMENT”) CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You will become bound by these terms once you accept these Terms.

A. ACCEPTANCE OF THESE TERMS
You accept these Terms, effective the date of purchase, or, if you did not purchase the Product, then the date you acquired or received the Product, by doing any of the following things:
• purchasing the Product and declining to promptly return the product in accordance with the below Refund Policy,
• opening the Product or breaking the seal on its external packaging; or
• using the Product, in whole or in part.

If you don’t want to accept these Terms, don’t do any of these things.
When you accept, you’re telling us that you are of legal age to purchase and use this product in your jurisdiction and that you are able to enter into a contract. If you accept for an organization, you’re telling us that you are authorized to bind that organization, and references to “you” in these Terms may mean the organization.
B. PARTIES TO THIS AGREEMENT
These Terms are an agreement between you and us, Whole Herbs, and our controlled subsidiaries, assignees, and agents, as well as our manufacturers, distributors, packagers, and wholesalers and other sellers of our Products.
C. INCLUDED IN THESE TERMS
In these Terms, you’ll find important information about:
• Whole Herbs Products provided to you (“Products”), including their warnings and usage directions;
• Limitations of liability;
• Resolution of disputes by arbitration; and
• Class action and jury trial waivers.

D. OTHER TERMS THAT APPLY TO YOU

By accepting these Terms, you acknowledge and agree that you are aware of, and have read and understood the labels, packaging, inserts, displays and applicable website disclaimers and warnings associated with or printed on the Products.
1. NOT EVALUATED BY FDA
This product has not been evaluated by the Food and Drug Administration. These statements have not been evaluated by the FDA. This product has not been deemed fit for US consumption by FDA. By using this product, you accept full responsibility for the use of the product, including but not limited to any adverse events or health complications that may arise from use. Neither We, nor our manufacturers, distributors, packagers, or wholesalers or other sellers of our Products assume responsibility or liability for the use or misuse of this product. For current full disclaimer and warning, visit:  www.konolabs.com. See additional disclaimers below.
2. WARNINGS
DO NOT USE IF SEAL IS BROKEN.
The mitragynine and other alkaloid content in this kratom extract is multiple times greater than that of kratom raw leaf, resulting in an increased potency with this extract product. Treat accordingly and proceed with extreme caution. As with all kratom products, do not use without first consulting your healthcare professional. Using Mitragyna Speciosa can be dangerous. There have been reports of adverse health effects associated with the use of kratom products. Some publications have suggested kratom may be associated with serious potential side effects including seizures, liver damage, withdrawal, addiction, abuse, and death. Please review FDA’s advisories and commentary for concerns about kratom products, available at FDA’s website.  
Do not take any other kratom product or any medications, vitamins, nicotine, alcohol, herbal supplements, drugs, or any other substance within twenty-four (24) hours before and after of taking this product.  Do not take the Product unless you have taken non extract kratom multiple times in the past with no adverse affects. Do not use this product for multiple days consecutively, that includes this product and in combination with other kratom products. Mixing Mitragyna Speciosa extract with medications, vitamins, nicotine, alcohol, herbal supplements, drugs, or with any other kratom product, extract or non extract, or with any other substance may result in a drug interaction and can be highly dangerous. Do not use this product in combination with medications, vitamins, herbal supplements, drugs, alcohol, nicotine, or any other substances including other kratom products. Do not use if you are pregnant, plan to become pregnant, or while breastfeeding. Do not take this product if you have any type of blood disorder, liver or kidney disorder, high blood pressure, heart disease, central nervous system disorder, or any other medical condition. Do not use this product while operating motor vehicles or other heavy machinery. Contact your healthcare provider immediately or seek emergent care if you experience any adverse effects.
NOT FOR SALE TO MINORS! 18+ ONLY (21+ in TENNESSEE). Keep out of reach of children.
Not recommended for long term use or multiple uses consecutively. Not intended for daily use, this includes this product and in combination with other Kratom products.
3. DIRECTIONS
Do not take more than one-half (1/2) of a bottle or one capsule per twenty-four- (24-) hour period. Usage not to exceed more than one capsule per twenty-four- (24-) hour period. You should not take this kratom product for more than five (5) days per month. For powder Products, do not use more than one-quarter (1/4) teaspoon per use, and not more than 2g in a 24-hour period.
Do not use this Product before reading in full the product insert, labels, warnings, directions, disclaimers, and agreeing to terms & conditions.  Visit www.konolabs.com for all updates, including full disclaimers and Terms and Conditions of Product Use. Do not use this product if you have a serious medical condition or use prescription medications. Do not use this product in combination with any medications, including prescription and over-the-counter medications, vitamins, herbal supplements, drugs, nicotine, alcohol, or any other substance, including any other Kratom product. Consult with a licensed healthcare provider before using this product for any reason to determine if this product is right for you, and if so, how to use it safely. You should also consult with a licensed healthcare provider about potential interactions, enzyme inhibition – more specifically relating to CYP enzymes – or other complications before using this product.  All information presented here is not a substitute for or alternative to information from healthcare practitioners. Tell your healthcare provider about all the medicines, vitamins, nicotine, alcohol, herbal supplements, drugs, and any other substance including any other kratom that you take or have taken. Inform your doctor of the alkaloid content, labeled on the package, and that of any other kratom product you may have taken in the past.
E. REFUND POLICY
You may return unused and unopened Product if you do not accept these Terms.
If you are less than fully satisfied with your purchase, you may return one unit of the unused Product within thirty (30) days from the date of your purchase for a full refund. Our Refund Policy is to only Refund one Product from any address in a twelve- (12-) month period.
You acknowledge and Agree that this Refund Policy is your sole and exclusive remedy for issues regarding taste, smell, color, visual appearance, consistency or texture of our Products.
In order to be eligible for your Refund, you must include:
• The reason for your return;
• the unused Product you purchased;
• the receipt for your purchase of the Product; and
• your name and address.

Please send the above information to Kono Labs, 7300 State Hwy 121, Suite 300-A101, McKinney, Texas 75070. We will inspect the returned Product, and then process the Refund if you have included the necessary information. Please allow up to ninety (90) days for receipt of your Refund.
F. RESOLVING DISPUTES WITH WHOLE HERBS
By accepting these Terms, you are agreeing to resolve any dispute with us through binding arbitration or small claims dispute procedures (unless you opt-out), and to waive your rights to a jury trial and to participate in any class action suit. THIS INCLUDES BUT IS NOT LIMITED TO DISPUTES IN WHICH YOU OR A SURVIVOR ON BEHALF OF YOU OR YOUR ESTATE IS ALLEGING THAT YOU ANYONE ELSE SUFFERED INJURY OR DEATH BECAUSE OF OUR PRODUCT. For additional terms and conditions governing a dispute between us, choice of law, disclaimers of certain warranties, limitations of liabilities, and your indemnification obligations, see “Other Terms Regarding Dispute Resolution” below.
1. DISPUTE RESOLUTION AND ARBITRATION
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN IN A COURT OR BEFORE A JURY, EXCEPT AS PROVIDED BELOW, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT OR OUR PRODUCTS WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.
This Dispute Resolution and Arbitration Agreement (Agreement) applies to any claims against other parties relating to Products provided or billed to you (such as our suppliers, dealers, authorized retailers, or third-party vendors) whenever you also assert claims against us in the same proceeding. You and we each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern the enforceability of this dispute resolution provision (despite the general choice of law provision set forth below).
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND THE SUBSTANTIVE LAW THAT APPLIES TO ANY CLAIM AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES). OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE EARLIER OF THE DATE YOU PURCHASED ONE OF OUR PRODUCTS FROM WHATEVER SOURCE OR THE DATE YOU USED ONE OF OUR PRODUCTS (the “Opt-Out Deadline”). You must opt-out by the Opt-Out Deadline for each Product you purchase or use. You may opt-out of these arbitration procedures by sending a letter by certified mail, return receipt requested to Kono Labs, 7300 State Hwy 121, Suite 300-A101, McKinney, Texas 75070.
In order to opt-out, you must provide your name, address, and the date and location at which you purchased the Products in question. You acknowledge and agree that we shall treat subsequent purchases or uses without a corresponding opt-out as not part of the same transaction or occurrence to the specific Products you enumerated and for which you opted out. Any opt-out received after the Opt-Out Deadline will not be valid and you will be required to pursue your claim in arbitration or small claims court.
You acknowledge and agree that your opt-out of this arbitration agreement is only effective for one year. You must renew your opt-out after one year.
For any and all disputes or claims you have, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address provided in the “How Do We Notify Each Other” Section below. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within sixty (60) days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
If we are unable to resolve your claim within sixty (60) days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent (see the “How Do We Notify Each Other” section below) and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with our agreement in these Terms, in which case these Terms will govern. The AAA rules are available at www.adr.org. You have the right to representation of your choosing. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within ten (10) days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
The parties will share the cost of the arbitration and each party will bear its own attorneys’ fees except that for claims under five thousand dollars ($5,000) as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.
2. CLASS ACTION WAIVER
TO THE EXTENT ALLOWED BY LAW, YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, INCLUDING SMALL CLAIMS COURT, AND INCLUDING BUT NOT LIMITED TO DISPUTES IN WHICH YOU OR A SURVIVOR ON BEHALF OF YOU OR YOUR ESTATE IS ALLEGING THAT YOU ANYONE ELSE SUFFERED INJURY OR DEATH BECAUSE OF OUR PRODUCT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION.
If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. 
If you opt-out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
3. JURY TRIAL WAIVER
If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
4. NOTIFICATIONS
You may contact us at Kono Labs, 7300 State Hwy 121, Suite 300-A101, McKinney, Texas 75070, by sending a letter by certified mail, return receipt requested. Electronic notices, if any, are considered delivered when sent. Mail notices are considered delivered three (3) days after mailing.
To begin arbitration you must send your written demand and a copy of these Terms to the AAA and you must serve our registered agent. Our registered agent is Registered Agents Inc., 5900 Balcones Dr., Suite 100, Austin, Texas 78731. To commence any other legal proceeding, you must serve our registered agent.
5. PROHIBITED CONDUCT
Unless explicitly permitted by Whole Herbs, in writing, you acknowledge and agree that you will not purchase or use our Products in a way that we, in our sole discretion, determine:
• Misuses the Products, including uses contrary to the directions, warnings, or informed medical advice;
• Resells the Products in violation of applicable law or without Whole Herbs approved labels or warnings;
• Tampers with, alters, or otherwise modifies or interferes with the Products;
• Conflicts with applicable law;
• Is not in accordance with these Terms; or
• Attempts or assists or facilitates anyone else in any of the above activities.

6. CHOICE OF LAW
This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws rules of that State. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state or jurisdiction in which you purchased or used our Products, but not outside the U.S.
7. DISCLAIMER OF WARRANTIES
EXCEPT FOR ANY WRITTEN WARRANTY THAT MAY BE PROVIDED WITH A PRODUCT YOU PURCHASE FROM US, OR A THIRD PARTY, AND TO THE EXTENT PERMITTED BY LAW, THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE.
WE ARE NOT RESPONSIBLE FOR ANY PRODUCT ALTERED, MODIFIED OR MISUSED BY YOU OR ANYONE ELSE.
8. LIMITATION OF LIABILITY
EXCLUSIVE OF CLAIMS DESCRIBED IN SECTION E, ABOVE, TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES, OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES REGARDLESS OF THE THEORY OF LIABILITY TO A MAXIMUM AMOUNT OF THREE TIMES (3X) THE AMOUNT PAID FOR THE INDIVIDUAL PRODUCTS PURCHASED AT ISSUE, INCLUDING ANY ASSOCIATED FEES WITH THE PURCHASE, SUCH AS SALES TAX. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS AGAINST WHOLE HERBS, AND NOT ANY OF ITS DISTRIBUTORS, MANUFACTURERS, PACKAGERS. SELLERS, RESELLERS OR AGENTS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY: YOUR FAILURE TO HEED PRODUCT WARNINGS, AT LEAST IN PART BY YOU OR A THIRD PARTY, BY ANY ACT OF NATURE, OR BY ANY ACTIVITY BY SOMEONE UNRELATED TO WHOLE HERBS.
TO THE EXTENT PERMITTED BY LAW, YOU AND WE EACH ALSO AGREE THAT ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES.
9. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR DIRECTORS, OFFICERS, AND EMPLOYEES HARMLESS FROM ANY CLAIMS ARISING OUT OF USE OF THE PRODUCTS, BREACH OF THE AGREEMENT, FAILURE TO HEED WARNINGS ASSOCIATED WITH THE PRODUCTS, OR VIOLATION OF ANY LAWS OR REGULATIONS OR THE RIGHTS OF ANY THIRD PARTY BY YOU.
G. WHAT ELSE DO I NEED TO KNOW?
Here are additional terms that apply to you.
1. NO WAIVER
If we don’t enforce our rights under this Agreement in one instance, that doesn’t mean we won’t or can’t enforce those rights in any other instance.
2. ASSIGNMENT
You can’t assign or transfer the Agreement or any of your rights or duties under this Agreement.
3. ENTIRE AGREEMENT
The Agreement is the entire agreement between you and us regarding the rights you have with respect to your Products, except as provided by law, and you cannot rely on any other documents or statements by any sales representatives or other agents.
4. SEVERABILITY
You and we agree that each of the parts and provisions of this Agreement are severable and the invalidity or unenforceability of any one or more of the provisions or parts of this Agreement shall not affect the validity and/or enforceability of any other part or provision of this Agreement.
5. CHANGES; NOTICE
We may make changes to this Agreement, from time to time, without notice to you. The then-current version of the Agreement will be posted online at www.konolabs.com and you should review the latest version before breaking the seal of or otherwise opening a new product and/or use of new product. Your breaking the seal of or otherwise opening a new product and/or use of new product after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
We may make more substantial changes to this Agreement, and provide notice to you by posting the new Agreement at www.konolabs.com, and indicating what the major change is. The Agreement posted at www.konolabs.com will indicate when the then-current version of the Agreement was implemented.