In General

Ka Botanical LLC (hereinafter referred to as “Ka Botanical”), a limited liability company organized under the laws of the Commonwealth of Puerto Rico, USA owns and operates this Website. The terms and conditions set forth in this document govern your relationship with Ka Botanical and your use of its website.

Your access to and your use of this Website, and the purchase and sale of the products and services that are available through this Website, (collectively, the “Services”) are subject to the following terms, conditions and notices (the “User Agreement”). By using the Services you are agreeing to each of these User Agreement, all as may be updated by Ka Botanical from time to time. You should check this page regularly to take notice of any changes that Ka Botanical may have made to this User Agreement.

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see (“Agreement to Arbitrate”)). Unless you opt out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

While we may provide pricing, shipping, listing, item descriptions and other guidance in our Services, such guidance is solely informational, and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Ka Botanical has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of the content or listings; the ability to sell and deliver items; the ability of buyers to pay for items; or that a buyer will actually complete a transaction or be able to return an item.

Access to this Website is permitted on a temporary basis, and Ka Botanical reserves the right to withdraw or amend the Services without notice. Ka Botanical will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, Ka Botanical may restrict access to some parts or to all of this Website. Ka Botanical will not be liable if for any reason some or any portion of this Website is unavailable at any time or for any period.

This Website may contain links to other websites that are not operated by Ka Botanical (the “Linked Sites”). Ka Botanical has no control over the Linked Sites and accepts no responsibility for them, nor for any loss or damage that may arise from your use of the Linked Sites. Your use of the Linked Sites will be subject to the terms of use and service contained within each such Linked Site.

Privacy Policy

Ka Botanical’s privacy policy describes how Ka Botanical will use your information.  By using this Website, you consent to the processing described herein and warrant that all data that you provide is truthful and accurate.

We are committed to protecting your privacy. This Privacy Policy applies to the information and data collected in this Website. It also describes your choices regarding use, access and correction of your personal information. If you do not agree with the data practices described in this Privacy Policy, you should not use the Website.

We periodically update this Privacy Policy. We will post any privacy policy changes on this page and, if the changes are significant, we may provide a more prominent notice by sending you an email notification.

If you have any questions about this Privacy Policy or our treatment of the information you provide us, please write to us by email or regular mail.

Information that we collect and manage for our own marketing belongs to us and is used, disclosed and protected according to this Privacy Policy.

  1. Information We Collect

When You Visit our Website

You are free to explore the Website without providing any Personal Information about yourself. When you visit the Website or register, we request that you provide Personal Information about yourself, and we collect Navigational Information. 

“Personal Information”

This refers to any information that you voluntarily submit to us and that identifies you personally, including contact information, such as your name, e-mail address, company name, address, phone number, and other information about yourself or your business. Personal Information can also include information about any transactions, both free and paid, that you enter into on the Websites, and information about you that is available on the internet, such as from Facebook, LinkedIn, Twitter and Google, or publicly available information that we acquire from service providers.

Personal Information includes Navigational Information or Payment Information where such information can directly or indirectly identify an individual. Navigational information refers to information about your computer and your visits to the Websites such as your IP address, geographical location, browser type, referral source, length of visit and pages viewed. Please see the “Use of Navigation Information” section below. Payment information includes information we collect and process from, including credit card numbers and billing information, using third party PCI-compliant service providers. Except for this, we do not collect Sensitive Information from you.

“Sensitive Information”

This refers to credit or debit card numbers, personal financial account information, Social Security numbers, passport numbers, driver’s license numbers or similar personal identifiers, racial or ethnic origin, physical or mental health condition or information, or other employment, financial or health information.

Log Files

When you view content provided by us, we automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times and referring website addresses. This information is used by us to provide general statistics regarding use of the Websites. For these purposes, we do link this automatically collected data to Personal Information such as name, email address, address, and phone number.

Information we collect from third parties

From time to time, we may receive Personal Information about you from third party sources including partners with which we offer co-branded services or engage in joint marketing activities, and publicly available sources such as social media websites.

Information About Children

The Website is not intended for or targeted at children under 18, and we do not knowingly or intentionally collect information about children under 18 If you believe that we have collected information about a child under 18, please contact us so that we may delete the information.

  1. How We Use Information We Collect

Compliance with Our Privacy Policy

We use the information we collect only in compliance with this Privacy Policy. Customers who subscribe to our Website are obligated through our agreements with them to comply with this Privacy Policy.

We Never Sell Personal Information

We will never sell your Personal Information to any third party. 

Use of Personal Information

In addition to the uses identified elsewhere in this Privacy Policy, we may use your Personal Information to:

  • improve your browsing experience by personalizing the Website and to improve our services;
  • send information or our content to you which we think may be of interest to you by post, email, or other means and send you marketing communications relating to our business;
  • promote use of our services to you and share promotional and information content with you in accordance with your communication preferences;
  • provide other companies with statistical information about our users — but this information will not be used to identify any individual user;
  • send information to you regarding changes to our Customer Terms of Service, Privacy Policy (including the Cookie Policy), or other legal agreements
  • meet legal requirements.

We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, we do not transfer your Personal Information to the third party.

Use of Navigational Information

We use Navigational Information to operate and improve the Websites. We may also use Navigational Information alone or in combination with Personal Information to provide you with personalized information about us. 

Customer Testimonials and Comments

We post customer testimonials and comments on our Websites, which may contain Personal Information. We obtain each customer’s consent via email prior to posting the customer’s name and testimonial.

Use of Payment Information

If you give us Payment information, we use it solely to check your financial qualifications and collect payment from you. We use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use information you provide except for the sole purpose of credit card processing on our behalf.

Security of your Personal Information

We use a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. We secure the Personal Information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Information is protected using appropriate physical, technical and organizational measures

Social Media Features

Our Websites include Social Media Features, such as the Facebook Like button and Widgets, such as the Share This button or interactive mini-programs that run on our sites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Websites. This Privacy Policy does not apply to these features.  Your interactions with these features are governed by the privacy policy and other policies of the companies providing them.

External Websites

Our Websites provide links to other websites. We do not control, and are not responsible for, the content or practices of these other websites. Our provision of such links does not constitute our endorsement of these other websites, their content, their owners, or their practices. This Privacy Policy does not apply to these other websites, which are subject to any privacy and other policies they may have.

Public Forums

We offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums, this information may be collected and used by others. We will correct or delete any information you have posted on the Websites if you so request.

Retention of Personal Information

How long we keep information we collect about you depends on the type of information. as described in further detail below.  After such time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible. 

We retain Personal Information that you provide to us where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements).

When we have no ongoing legitimate business need to process your Personal Information, we securely delete the information or anonymise it or, if this is not possible, securely store your Personal Information and isolate it from any further processing until deletion is possible. We will delete this information at an earlier date if you so request.

If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us or ceased using our Website.  We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created

  1. How we Share Information we Collect

Service Providers

We employ other companies and people to provide services to visitors to our Website and our customers and users and may need to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.

Cookie Policy

Ka Botanical’s Cookie Policy describes how Ka Botanical will use your information. 

This website stores cookies on your computer. These cookies are used to collect information about how you interact with our website and allow us to remember you. We use this information in order to improve and customize your browsing experience and for analytics and metrics about our visitors both on this website and other media.

Authorization to Contact You; Recording Calls

Ka Botanical may contact you using telephone calls, e-mail, text messages, at any telephone number that you have provided us, or social media account, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Ka Botanical may also contact you using calls, social media and text messages for marketing purposes (e.g., offers and promotions). As described in our User Privacy Notice Ka Botanical may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. 

Ka Botanical may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Ka Botanical or its agents for quality control and training purposes or for its own protection.

Privacy of Others; Marketing

If Ka Botanical provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

 

Prohibitions
You can’t use this Website if you provide it or if your account contains false information.

Buyers and sellers sometimes need to be able to get in touch with each other, and we need to be able to contact the Website users.

You must pay for any item you commit to buying.

Make sure that you read the listing description before you buy.

Many of the problems buyers and sellers encounter are the result of simple misunderstandings about what is for sale and its attributes.

By your use of this Website, you agree that you will not misuse this Website. You further agree that you will not: (a) commit or encourage a criminal offense; (b) transmit or distribute a virus, trojan, worm, logic bomb or any other material that is malicious, technologically harmful, in breach of an obligation of confidence or that is in any way offensive or obscene; (c) hack into any aspect of the Service; (d) corrupt data; (e) cause annoyance to other users; (f) infringe upon the rights of any other person’s proprietary rights; (g) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or (h) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

Our warranties and related policies don’t cover items bought outside of our Website. If you buy items outside of the Website, we don’t protect you against fraud.  If someone offers to sell you something from Ka Botanical outside of the Webste, don’t accept the offer.

Any breach of this provision may constitute a criminal offense and Ka Botanical will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

Ka Botanical will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of Ka Botanical or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Ka Botanical and its licensors. You may store, print and display the content supplied solely for your own personal non-commercial use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. 

Terms of Sale

Placing an order for products means that you are offering to purchase that product on and subject to the following terms and conditions of sale.

All purchasers must be at least eighteen (18) years of age and must possess a valid credit or debit card issued by a bank acceptable to Ka Botanical. Placement of an order indicates that you represent and warrant (1) that all of the information that you provide to Ka Botanical are true and accurate; (2) that you are an authorized user of the credit or debit card used to place your order; and (3) that there are sufficient funds to cover the cost of the goods ordered.

All orders placed on this Website are subject to: (1) product availability; and (b) Ka Botanical’s confirmation of the order quantity and price. Ka Botanical retains the right to refuse any orders. The cost of agricultural and foreign products and services may fluctuate. All prices advertised are subject to such changes.

Product shipment may vary according to availability and is subject to any delays resulting from postal delays or force majeure for which Ka Botanical will not be responsible. 

Timelines

  • If you haven’t received an item: You can report that you didn’t receive the item and open a request for a refund after the estimated delivery date has passed. You must open the request within 24hurs of the estimated delivery date.
  • If you received an item and it doesn’t match ordered: You can open a return request no later than 24 hours after the actual (or latest estimated) delivery date. If no estimated delivery date is available, we consider the latest estimated delivery date to be 7 days from the payment date for transactions between a buyer and seller.

 

Our Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this is not an acceptance of your order. No contract is formed until Ka Botanical transmit an e-mail confirmation that the goods that you ordered have been shipped to you. Only those goods listed in the confirmation e-mail sent at the time of shipment will be included in the contract formed.

 

Pricing and Availability

Errors in product details, descriptions and prices may occur despite efforts to ensure accuracy. If Ka Botanical discovers an error in the price of any goods that you have ordered, then Ka Botanical will inform you regarding the error, and you will have the option of either reconfirming your order at the correct price or cancelling it. If Ka Botanical is unable to contact you, then Ka Botanical will treat the order as cancelled. If you cancel the order after you have already paid for the goods, then you will receive a full refund.

Delivery costs are in addition to product prices.

Payment

On receipt of your order Ka Botanical will seek authorization for payment from your card issuer. Your card will be debited upon receipt of that authorization, and funds received will be treated as a deposit against the value of the goods you have ordered for purchase.

Returns and Refunds

All products sales are final.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Ka Botanical and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

Intellectual Property Disclaimer 

Any trademarks/names or copyrighted materials on this Website are owned by the respective trademark owners or copyright holders. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Ka Botanical.

Indemnity

You agree to indemnify, defend and hold harmless Ka Botanical, its members or shareholders, directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees), demands and damages (actual and consequential) of every kind and nature, known and unknown arising from your use of this Website or your breach of the User Agreement.

 

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Release

If you have a dispute with us, including but limited to our suppliers, marketers, payment processors, you release us (and our officers and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Indemnity

You will indemnify and hold us (and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Ka Botanical’s Services or your breach of any law or the rights of a third party.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Ka BOTANICAL HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Ka Botanical agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

  1. Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the Commonwealth of Puerto Rico, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Ka Botanical, except as otherwise stated in the User Agreement.

  1. Agreement to Arbitrate

You and Ka Botanical each agree that any and all disputes or claims that have arisen or may arise between you and Ka Botanical relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Ka Botanical’s Services, or any products or services sold, offered, or purchased through Ka Botanical’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

  1. Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND Ka BOTANICAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND Ka BOTANICAL AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Ka Botanical ‘s right to appeal the court’s decision. All other claims will be arbitrated.

  1. Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.


The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.


A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute (“Notice”). The Notice to Ka Botanical should be sent to Ka Botanical, LLC., Re: Notice of Dispute, PO Box 195287, San Juan, Puerto Rico 00919-5287. Ka Botanical will send any Notice to you to the physical address we have on file associated with you; it is your responsibility to keep your physical address up to date. The Notice must include all pertinent information, including a description of the nature and basis of the claims the party is asserting and the relief sought. Please briefly describe and attach any supporting documents you wish to provide.


If you and Ka Botanical are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Ka Botanical may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Ka Botanical at the following address Ka Botanical, LLC, PO Box 195287, San Juan, Puerto Rico 00919-5287. In the event Ka Botanical initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with you. Any settlement offer made by you or Ka Botanical shall not be disclosed to the arbitrator.


The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Ka Botanical may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Ka Botanical subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Ka Botanical may attend by telephone, unless the arbitrator requires otherwise.


The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Ka Botanical user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

  1. Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Ka Botanical for all fees associated with the arbitration paid by Ka Botanical on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

  1. Severability

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

  1. Opt-Out Procedure

IF YOU ARE A NEW KA BOTANICAL USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO: KA BOTANICAL, LLC RE: OPT-OUT NOTICE, PO Box 195287, San Juan, Puerto Rico, 00919-5287.


You must send us the Opt-Out Notice including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Ka Botanical account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

  1. Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Ka Botanical prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Ka Botanical. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on our Website at least 30 days before the effective date of the amendments and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the amended terms.

  1. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Ka Botanical must be resolved exclusively by a state or federal court located in San Juan, Puerto Rico. You and Ka Botanical agree to submit to the personal jurisdiction of the courts of the Commonwealth of Puerto Rico located within San Juan, Puerto Rico for the purpose of litigating all such claims or disputes.

Variation

Ka Botanical reserves the right in its absolute discretion to amend, remove or vary the Services and/or any page of this Website at any time and without notice.

Invalidity

If any provision of these User Agreement or the application of these User Agreement are construed or held to be void, invalid or unenforceable by the order, decree or judgment of a court of competent jurisdiction, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect.

Waiver

Any term or condition of these User Agreement may be waived by Ka Botanical at any time, but no such waiver will be effective unless set forth in a written instrument waiving such term or condition and that is executed by an authorized representative of Ka Botanical. No waiver of any term or condition of these User Agreement will be deemed to be or construed as a waiver of the same or any other term or condition of these User Agreement on any future occasion.

Entire Agreement

The above User Agreement constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Ka Botanical.