Terms & Conditions

Any persons using, reading, and/or purchasing products on this website agree that access to and use of this site are subject to the following terms, conditions, and other applicable laws. You must be at least 18 years old to purchase products from this site. By using this website, you agree that you are at least 18 years of age and agree to the following terms and conditions.

All content on this site, including but not limited to text, graphics, code, and functionality is copyrighted as collective work under the United States and other copyright laws and is the property of Tusk. The collective work includes works that are licensed to Tusk ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Tusk or purchasing Tusk products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from different areas of the site solely for your own non-commercial use, or to place an order with Tusk or to purchase Tusk products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site is strictly prohibited unless authorized by Tusk. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks, and trade names of Tusk used in the site are trademarks or registered trademarks of Tusk.

Warranty Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tusk disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tusk does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Tusk does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Tusk shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Tusk has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

International Shipping

NOTE TO INTERNATIONAL BUYERS: ORDER AT YOUR OWN RISK! Please make sure you are familiar with your country’s customs/importation laws before ordering from Tusk! We will not be held responsible for orders seized by customs, and we will not falsify customs forms to accommodate any orders. Customs forms will all be marked honestly, with accurate product and product value details in accordance with US Federal Law.

Typographical Errors

In the event that a Tusk product is mistakenly listed at an incorrect price, Tusk reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Tusk reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Tusk shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Tusk without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Tusk may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Tusk.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida U.S.A., without regard to choice of law provisions and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Tusk products) shall be in the state or federal courts located in Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Tusk products) must be commenced within one (1) year after the claim or cause of action arises. Tusk’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Tusk may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language is strictly forbidden. Impersonation of others, including a Tusk or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Tusk does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Tusk is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Tusk reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; another intellectual property right of another or (d) offensive or otherwise unacceptable to Tusk in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Tusk, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

In an attempt to provide increased value to our visitors, Tusk may link to sites operated by third parties. However, even if the third party is affiliated with Tusk, Tusk has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tusk. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tusk seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites, it links to as well (including if a specific link does not work).

Product Reviews:

While we at Tusk pride ourselves on NOT moderating reviews, be they positive or negative, reviews may be deleted if they contain any of the following:

  • Website links
  • Vulgarity
  • Personal contact information (e-mail address, phone number, address, etc.)
  • Harassment direct toward other reviewers/customers

Reviews posted by non-verified reviewers/buyers that are clearly posted with intent to defame a brand or product.

CONDITIONS OF SALE

THE BUYER/RESELLER/USER STATES THAT THEY ARE NOT A MINOR, AND AT LEAST 18 YEARS OF AGE WHERE REQUIRED. OUR PRODUCTS ARE NOT FOR SALE TO MINORS.

Buyer/reseller/user understands that all Westman Products, LLC’s “Tusk Kratom branded products” are offered for herbarium specimen, collection, legitimate research, plant propagation, incense, educational and/or ornamental purposes only as they are not approved by the FDA as a dietary ingredient for human consumption.  If buyer/reseller/user consumes any kratom products manufactured, distributed, or sold by Westman Products, LLC, buyer/reseller/user accepts all risk and liability.  Although kratom is a natural plant, there is still some risk involved when consuming any botanical plant, especially if you are also using or ingesting (any) other drugs or dietary supplements, prescription or otherwise. Westman Products, LLC’s Tusk Kratom brand products are not intended to bear any claims, and to the extent, any claims are believed to be associated with these products, such claims have not been evaluated by the FDA and are not meant to diagnose, treat, cure, or prevent any disease, illness or health condition.  Westman Products, LLC and its owners/members or employees/sub-contractors cannot be held responsible for, and will not be liable for the inaccuracy or application of any information whatsoever herein provided, nor for any injury up to and including death resulting from the use or misuse of any of the products offered for sale on this website or any of Westman Products, LLC’s products offered in retail stores, or products manufactured by others.  

LIMITATION AND DISCLAIMER: Westman Products, LLC disclaims all warranties, express or implied, including but not limited to the warranty of merchantability and the warranty of fitness for a particular purpose.  Buyer/reseller/user further agrees that Westman Products, LLC shall not be liable for any consequential and/or punitive damages, as liability for such damages is hereby disclaimed.

The Buyer/Reseller/User accepts all risk and takes full responsibility and liability for the use of these products (including those manufactured by others), including but not limited to any adverse events or health consequences that may arise from their use, personal injury damages up to and including death, lost profit or revenues, loss of use of product or equipment, and any loss of property that may result from the purchase or use of any of our products, and punitive damages.

WARNING: Buyer/reseller/user understands and acknowledges that our kratom products have not been evaluated by the FDA and are not intended to treat, prevent, cure or diagnose any disease. Our kratom products are not for sale to minors. Keep our kratom products away from children, and ask your medical doctor for possible interactions if you are prescribed medication. A pregnant woman should not consume kratom because no safety data has been published. Do not take this product if you use any drugs. This product is not intended for nor should be used if pregnant, lactating, or taking any medication or by anyone with liver disorder, heart disease, high blood pressure or any other medical condition, disease or disorder. 

Buyer/reseller/user understands that it is the buyers/resellers/user’s responsibility to abide by local laws and regulations, as well as laws and regulations where products are resold.  The buyer/reseller/user agrees to abide by all local, state/province, and government regulations in accordance with the use of any products provided by Westman Products, LLC.  The buyer/reseller/user agrees that it is entirely the buyers/reseller/user’s responsibility to make certain that the products ordered/resold/used are allowed in the buyers/reseller/user’s country/state of residence.  Westman Products, LLC cannot and will not be held liable.

The Buyer/reseller/user also states that they are not a law enforcement officer or a government employee.  Buyer/reseller/user further states that they are not associated with nor affiliated with any government agency nor are they ordering product under the instruction of any government agent or agency.  The Buyer/reseller/user assumes all risk of non-shipment, partial shipment, or damaged shipments.  

Any claim, dispute or difference relating to or arising out of buyer/reseller/users purchase or use of any products sold by Westman Products, LLC shall be referred to the binding arbitration of a sole arbitrator.  By placing an order, and doing business with Westman Products, LLC, the buyer/reseller/user agrees to the terms and conditions stated, and automatically accepts all responsibilities.  When purchasing any products offered by Westman Products, LLC, whether it be through the website, in any retail store, and/or from any third party online retailer or source, buyer/seller/user agrees that the exclusive remedy to buyer/reseller/user for any/all disputes, including but not limited to those involving personal injury and death, are limited to binding arbitration between buyer/reseller/ user and the company: Westman Products, LLC only.  Buyer/reseller/user agrees to indemnify any/all owners/members and employees of Westman Products, LLC. Furthermore, buyer/reseller/user agrees any dispute will be handled by arbitration in the USA by Westman Products, LLC.