Store Policies

Terms of Service

Last Updated: april 1st, 2025

These Terms of Service (“TOS”) govern your use of our website, provided by OPIA Kratom (referred to herein as “Company,” “we,” “our,” or “us”). By using or accessing this site or purchasing any product or service offered by the Company, you agree to these TOS, which may change at our discretion. Continued site use after implementing changes constitutes your acceptance of the new TOS.

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION UNLESS YOU OPT-OUT. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED.

Access to This Site

You must be 21 years or older to access this site. If you are under 21, you cannot use this site. No information obtained by this site falls under the Children's Online Privacy Protection Act (COPPA), as we do not monitor it.

You may need to provide registration details or other information to access the site or its resources. All provided information must be truthful, current, and complete. If we believe the information is not genuine, we reserve the right to deny access to the site or any of its resources and terminate or suspend your access without notice.

Restrictions on Use

This site may only be used for purposes explicitly approved by our Company. Any commercial use without prior consent is prohibited. You may not:

• Co-brand this site

• Frame this site

• Hyperlink to this site without prior approval from our Company.

Co-branding refers to displaying any name, logo, trademark, or other identification suggesting another party has the right to display, publish, or distribute this site's content. Unauthorized co-branding, framing, or hyperlinking must cease immediately.

Proprietary Information

All material and content accessible from this site is proprietary information owned by our Company or the party that provided the content. It may not be copied, distributed, republished, uploaded, posted, or transmitted without prior consent except for personal use. Removing or altering any copyright, trademark, or proprietary notice is prohibited.

Hyperlinks

This site may contain hyperlinks to sites not maintained or related to our Company. These hyperlinks are provided as a convenience and are not an endorsement. We are not responsible for any linked sites' content, completeness, or accuracy. Visiting hyperlinks is at your own risk.

Submissions

By submitting content, comments, suggestions, ideas, graphics, or other information to our Company through this site, you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, adapt, publish, distribute, and display such submissions. We will treat any personal information submitted according to our Privacy Policy.

Disclaimer

Our Company does not guarantee that files available for download from the Internet will be free of viruses or other harmful components. You are responsible for implementing safeguards to protect your data. We are not liable for any loss or damage from using this site.

The information on this site may not be complete or up-to-date and should not replace professional advice. Use of this site is at your own risk. The content is provided "as is," without warranties, including implied warranties of merchantability or fitness for a particular purpose.

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THESE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD. 

If you have a complaint, dispute, or controversy, you agree to first contact us by email at Support@opiakratom.com to attempt to resolve the dispute or controversy informally. You and Company agree that we will resolve any disputes between us that cannot be resolved through such informal process or through negotiation within 120 days through binding and final arbitration instead of through court proceedings. You and Company hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, and/or other disputes arising between you and Company relating to these Terms of Service, Privacy Policy, or any purchase you make from Company, any communications between you and Company (either directly or through a third party), and/or any aspect of our relationship with you (each a “Claim”), shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association, Consumer Arbitration Rules (“AAA Rules”). The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be heard and determined by a single arbitrator in the English language in Miami, Florida, or telephonically, or at a mutually agreed upon location in the United States. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms of Service, the Company Privacy Policy https://torchhemp.com/pages/store-policies, or this arbitration provision and any other terms incorporated by reference in these Terms of Service. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. 

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including but not limited to, those for any attorneys, experts, documents, and witnesses. This arbitration agreement does not preclude you or Company from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. The arbitrator can provide the same rights and remedies that you can obtain in court, including injunctive relief. However, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service. 

The arbitrator shall follow the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the state of California shall apply without regard to conflicts of laws principles. 

Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your or Company’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. 

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. Failure or any delay in enforcing this arbitration provision in connection with any Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims. 

If any claim or dispute is found by the arbitrator to be excluded from this arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Miami, Florida.. 

This Section of the Terms of Service will survive the termination of your relationship with Company. 

30 DAY RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THESE TERMS OF SERVICE BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT Support@torchhemp.com. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS OF SERVICE, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.