LEGAL DISCLAIMER, WARNINGS, TERMS OF SERVICE & TERMS OF SALE
This website is operated by MavBotanicals (“MavBotanicals,” “we,” “us,” “our”). By accessing, browsing, purchasing from, or using MavBotanicals.com, you agree to these Terms of Service/Use and Terms of Sale (“Terms”). If you do not agree, do not use the website or purchase any products.
1) IMPORTANT PRODUCT WARNING (READ BEFORE PURCHASE)
MavBotanicals sells and/or resells botanical, hemp-derived, alkaloid-containing, and similar products, which may include, without limitation: kratom (Mitragyna speciosa), 7-hydroxymitragynine (7-OH) products, “pseudo”/pseudoindoxyl-related products, functional mushrooms, CBD, hemp-derived cannabinoids (including delta variants where offered), proprietary blends, extracts, and similar items (“Products”).
These Products may be potent and may be habit-forming. Misuse may lead to dependence, tolerance, withdrawal symptoms, sedation, impairment, and other adverse effects. Effects vary by person and by batch. You assume all risks described in these Terms.
Adults only. 21+ required (or older if required by your jurisdiction). Keep out of reach of children and pets.
2) FDA / FTC / NO MEDICAL CLAIMS / NO MEDICAL ADVICE
Not FDA Approved. Products and statements on this website have not been evaluated by the U.S. Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, mitigate, or prevent any disease.
No medical advice. Content on this site (including product descriptions, labels, emails, SMS, chat messages, advertisements, blog posts, FAQs, and customer reviews/testimonials) is provided for informational purposes only and does not constitute medical advice. You should consult a licensed healthcare professional before using any Product, especially if you have any medical condition or take any prescription or over-the-counter medications.
No therapeutic claims intended. MavBotanicals does not intend to make health or therapeutic claims. Any statements about potential effects are general, non-medical descriptions and are not guarantees.
Health-Claim Notice & Correction Process (Important)
If you believe any content on MavBotanicals.com or in our marketing could reasonably be interpreted as a medical/health claim, you agree to notify us promptly by email at info@mavbotanicals.com with:
- the exact URL or location,
- a screenshot or copy of the statement,
- the reason you believe it may be a health claim.
Upon receipt of a complete notice, MavBotanicals will promptly review the content and may revise, clarify, or remove it at our discretion. Correction/removal is the primary remedy for alleged content/wording issues, and you agree to cooperate in good faith before initiating any dispute.
BLOGS, ARTICLES, AND EDUCATIONAL CONTENT
Any blogs, articles, guides, comparisons, FAQs, editorials, newsletters, emails, social media posts, or other written or visual content published by MavBotanicals (collectively, “Content”) are provided solely for general informational and educational purposes.
Such Content:
- Does not constitute medical, health, pharmaceutical, legal, or regulatory advice;
- Does not make or imply therapeutic, medical, or health claims;
- Does not replace professional advice from licensed healthcare or legal professionals; and
- May include general discussions, opinions, summaries, or third-party information that should not be relied upon as definitive or complete.
MavBotanicals does not guarantee the accuracy, completeness, or currentness of Content, as laws, science, and regulatory guidance change frequently. You agree that you use and rely on Content at your own risk.
CONTENT NOTICE & CORRECTION PROCEDURE
If any Content is alleged to contain a health, medical, or regulatory claim, or is otherwise misleading, you agree to notify MavBotanicals promptly at info@mavbotanicals.com with the specific URL and description. MavBotanicals may, at its sole discretion, review, revise, clarify, or remove the Content.
Revision or removal of Content is the exclusive initial remedy for Content-based concerns, to the fullest extent permitted by law.
This mirrors your ad “notice-and-cure” defense and is very court-friendly.
The representations and risk allocations in this section apply equally to any reliance on Product descriptions, marketing materials, blogs, articles, or other Content published by MavBotanicals.
For avoidance of doubt, the representations, disclaimers, and correction procedures in this Section apply equally to all advertising and promotional content, including automated, AI-generated, or third-party platform advertisements as described in Section 9 below.
3) SAFETY WARNINGS; RESPONSIBLE USE
You acknowledge and agree that Products may cause adverse effects and are not for everyone. Do not use Products if you are:
- under 21,
- pregnant, nursing, or trying to become pregnant,
- under medical supervision for heart, liver, kidney, respiratory, neurological, psychiatric, or substance-use conditions (unless cleared by a licensed physician),
- taking medications or substances that may interact (unless cleared by a licensed physician).
Do not drive, operate machinery, or perform safety-sensitive tasks after using any Product. Do not combine Products with alcohol, sedatives, opioids, benzodiazepines, stimulants, or other psychoactive substances. Use the smallest effective amount and follow label directions.
You are solely responsible for safe use, storage, handling, and preventing access by minors or pets.
4) AGE RESTRICTION & VERIFICATION
You must be at least 21 years old to purchase any Product from MavBotanicals. By placing an order, you represent and warrant that you are 21+ (or older as required by your jurisdiction).
MavBotanicals may, at any time, require age/identity verification and may cancel orders or refuse service if verification is not provided or if MavBotanicals suspects underage purchasing.
Misrepresenting age is a material breach of these Terms and may result in permanent refusal of service and other actions permitted by law.
5) LEGAL COMPLIANCE; PROHIBITED JURISDICTIONS; MISREPRESENTATION
Laws and regulations governing the Products sold by MavBotanicals vary by jurisdiction and change frequently at the federal, state, county, city, and international levels. You are solely responsible for determining whether ordering, shipping, receiving, possessing, using, reselling, or otherwise handling any Product is lawful in your jurisdiction at all relevant times.
By placing an order with MavBotanicals, you expressly represent and warrant that:
- You are at least 21 years of age (or older if required by your jurisdiction);
- The Products you order are legal for you to purchase, receive, possess, and use at your shipping destination and place of use;
- You are not using forwarding services, intermediaries, or misleading addresses to circumvent legal restrictions; and
- All information you provide to MavBotanicals, including your identity, age, billing details, shipping address, and location, is true, accurate, current, and complete.
MISREPRESENTATION OR UNLAWFUL ORDERS
If you provide false, misleading, or incomplete information (including misrepresentation of age or location), or attempt to obtain Products in a prohibited or restricted jurisdiction, you agree and acknowledge that:
- You assume all legal, financial, and personal responsibility and risk arising from such conduct;
- MavBotanicals may, in its sole discretion, cancel orders, refuse shipment, suspend or terminate accounts, block future purchases, and/or require additional verification;
- MavBotanicals shall not be responsible or liablefor anyseizures, confiscations, detentions, penalties, fines, investigations, prosecutions, or related costs arising from unlawful purchase, shipment, possession, or use; and
- To the maximum extent permitted by law, MavBotanicals may deny refunds, replacements, or reshipments where fraud, misrepresentation, chargeback abuse, or intentional evasion of legal requirements is suspected.
You acknowledge that these representations and risk allocations are material conditions of MavBotanicals agreeing to accept and fulfill your order.
6) LEGAL STATUS CHANGES; NO REAL-TIME GUARANTEE; ASSUMPTION OF RISK
Laws, regulations, enforcement policies, and interpretations governing the Products sold by MavBotanicals change frequently, unpredictably, and without notice at the federal, state, county, municipal, and international levels. Regulatory changes may take effect immediately upon passage, publication, enforcement action, or reinterpretation by authorities.
While MavBotanicals makes commercially reasonable efforts to remain informed, MavBotanicals does not and cannot guarantee real-time knowledge, monitoring, or accuracy of all applicable laws or regulatory changes across every jurisdiction at the time of listing, purchase, fulfillment, shipment, delivery, or use.
By placing an order, you expressly acknowledge, represent, and agree that:
- A Product may become restricted, regulated, reclassified, or prohibited in your jurisdiction before purchase, after purchase, during fulfillment, during transit, upon delivery, or at any time thereafter.
- MavBotanicals may fulfill or ship an order without knowledge of a newly enacted, newly enforced, newly interpreted, or newly discovered legal restriction affecting your jurisdiction.
- You bear sole responsibility for determining the legality of ordering, receiving, possessing, using, storing, reselling, or disposing of any Product in your jurisdiction at all relevant times.
- You assume the risk of regulatory ambiguity, delayed publication, inconsistent enforcement, or sudden changes in law.
LIMITATION OF LIABILITY FOR LEGAL CHANGES
To the maximum extent permitted by law, you agree that:
- MavBotanicals shall not be liable for any shipment, fulfillment, or sale made in good faith where a legal or regulatory change was unknown, unclear, unpublished, newly enacted, newly enforced, or not reasonably discoverable at the time of action.
- MavBotanicals shall not be responsible for seizures, confiscations, detentions, fines, penalties, forfeitures, investigations, citations, prosecutions, or other legal consequences arising from changes in law, enforcement actions, or regulatory interpretations.
- Orders affected by post-purchase or undiscovered legal changes may be cancelled, refused, suspended, restricted, or removed at MavBotanicals’ sole discretion.
- No refund, replacement, reshipment, or compensation is guaranteed where shipment, delivery, possession, or use becomes unlawful due to a change in applicable law, except where expressly required by non-waivable law.
7) RETAILER-ONLY STATUS & LIMITATION OF LIABILITY (WE ARE NOT THE MANUFACTURER)
MavBotanicals is an independent retailer and reseller only. Unless expressly stated in a written agreement signed by MavBotanicals, MavBotanicals does not manufacture, produce, formulate, process, test, alter, relabel, repackage, or design any third-party branded products sold on this website (“Products”).
All Products are manufactured, branded, and packaged by independent third-party manufacturers and brand owners, not by MavBotanicals. MavBotanicals purchases Products from third-party distributors and/or suppliers and reasonably relies on the representations, warranties, and compliance statements provided by such third parties.
NO RESPONSIBILITY FOR MANUFACTURING, BRANDING, OR AUTHENTICITY
To the fullest extent permitted by law, MavBotanicals disclaims any responsibility or liability for matters attributable to the manufacturer or brand owner, including but not limited to:
- Product formulation, composition, potency, or quality
- Manufacturing defects or deviations
- Branding, trademarks, trade dress, or packaging features (including QR codes or authentication markers)
- Regulatory status, testing, or certifications
- Counterfeit, diverted, or improperly sourced goods originating upstream
Any claims, disputes, or allegations relating to manufacturing, branding, authenticity, or regulatory compliance must be directed solely to the manufacturer, brand owner, or upstream supplier, not to MavBotanicals.
CUSTOMER ACKNOWLEDGMENT & ASSUMPTION OF RISK
By purchasing Products from MavBotanicals, you acknowledge and agree that:
- MavBotanicals is not the manufacturer of third-party branded Products;
- You are purchasing Products as a reseller transaction, not a manufacturer sale;
- Any alleged defects, nonconformities, or authenticity issues arise, if at all, upstream of MavBotanicals;
- You waive and release MavBotanicals from claims arising from manufacturer-level issues to the maximum extent allowed by law.
LIMITED REMEDY
To the fullest extent permitted by law, MavBotanicals’ sole and exclusive obligation, if any, with respect to a third-party Product determined by Kures to be non-conforming is limited to, at MavBotanicals’ discretion:
- Replacement of the Product, or
- Refund of the purchase price actually paid to MavBotanicals.
Under no circumstances shall MavBotanicals be liable for indirect, incidental, consequential, punitive, or exemplary damages, including claims relating to manufacturing defects, authenticity disputes, or brand-level compliance issues.
8) COUNTERFEIT / AUTHENTICITY CLAIMS; BRAND NOTICE & TAKEDOWN
MavBotanicals does not knowingly sell counterfeit products and takes authenticity concerns seriously. However, because MavBotanicals is a retailer that sources Products from third-party distributors, authenticity and upstream compliance are ultimately controlled by manufacturers and suppliers.
Customer Authenticity Claims
If you believe a Product may be counterfeit, unauthorized, or misbranded, you must notify MavBotanicals promptly at info@mavbotanicals.com and provide:
- order number,
- clear photos of the front/back packaging and contents,
- any batch/lot identifiers,
- a description of the concern.
MavBotanicals may investigate, contact suppliers, and at its discretion offer a replacement, store credit, refund, or other remedy.
Brand Owner Claims
If a brand owner believes a Product listing on MavBotanicals.com is counterfeit, unauthorized, or infringes trademark/rights, the brand owner must provide written notice to info@mavbotanicals.com with:
- proof of trademark/rights ownership,
- specific URLs/listings at issue,
- a clear explanation and supporting evidence.
Upon receipt of a complete notice, MavBotanicals will review promptly and may remove or disable listings during review.
Liability Limitation for Counterfeit/Brand Allegations
To the fullest extent permitted by law:
- MavBotanicals’ role is that of a retailer/reseller, not a manufacturer.
- Any remedy related to authenticity or brand allegations is limited as stated in these Terms.
- MavBotanicals is not liable for indirect, consequential, punitive, statutory, or reputational damages arising from alleged counterfeit/brand issues.
- MavBotanicals’ total liability is capped as set forth in the Limitation of Liability section below.
9) THIRD-PARTY PLATFORMS & AI/AUTOMATED ADVERTISING DISCLAIMER
MavBotanicals advertises through third-party platforms and tools that may use automated or AI-based systems to generate variations of ad creatives (including captions, voiceovers, edits, layouts, and delivery). MavBotanicals cannot review every automated variation in real time.
If any advertisement is reported to us as inappropriate, misleading, or inconsistent with our standards, MavBotanicals will review and may pause, correct, or remove the content.
To the fullest extent permitted by law, claims relating to third-party automated ad outputs are limited to review and correction/removal of the content, and MavBotanicals disclaims liability for indirect, consequential, punitive, statutory, or reputational damages arising from third-party automated variations.
10) USER CONTENT; REVIEWS; TESTIMONIALS
Customer reviews, testimonials, comments, and other user content represent the opinions of individual users and are not medical claims and do not represent MavBotanicals’ statements. MavBotanicals does not guarantee the accuracy of user-generated content and may remove content at its discretion.
If you submit content to MavBotanicals (including reviews), you grant MavBotanicals a non-exclusive, royalty-free license to use, display, and distribute that content for business purposes.
11) ORDERS, PRICING, PAYMENT, AND REFUSAL OF SERVICE
MavBotanicals reserves the right to refuse service to anyone for any lawful reason, including suspected fraud, misrepresentation, unlawful purchasing, reseller activity, or compliance concerns.
Prices and availability may change without notice. If a pricing or listing error occurs, MavBotanicals may cancel the order and refund amounts paid.
Payment disputes and chargebacks that are fraudulent or abusive may result in account bans and additional remedies permitted by law.
12) SHIPPING; RISK OF LOSS; SEIZURES
Risk of loss passes to you when the package is delivered to the carrier. MavBotanicals is not responsible for delays, carrier issues, or seizures/confiscations by authorities due to local laws or regulatory restrictions.
International buyers (and buyers in restricted areas) are solely responsible for compliance with import/export rules and local laws. No reshipments or refunds are required for confiscated items where prohibited by law.
13) NO WARRANTIES; PRODUCTS SOLD “AS IS”
To the fullest extent permitted by law, all Products and services are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
14) LIMITATION OF LIABILITY
To the fullest extent permitted by law:
- MavBotanicals is not liable for indirect, incidental, special, consequential, punitive, exemplary, statutory, or reputational damages.
- MavBotanicals is not liable for medical outcomes, adverse reactions, misuse, mixing with other substances, illegal use, or third-party conduct.
- MavBotanicals’ total liability for any claim is capped at the amount you paid for the specific Product(s) giving rise to the claim.
Some jurisdictions do not allow certain limitations. In such cases, liability is limited to the maximum extent permitted by applicable law.
15) INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MavBotanicals, its owners, employees, contractors, suppliers, and affiliates from any claims, damages, penalties, losses, and attorney fees arising out of or related to:
- your misuse of Products,
- your violation of these Terms or any law,
- your misrepresentation of age, identity, or location,
- your resale or distribution to others,
- your content or statements,
- your unlawful purchase/possession/use.
16) INTELLECTUAL PROPERTY
All site content (text, graphics, images, logos, layout, software) is owned by or licensed to MavBotanicals and protected by law. Third-party trademarks belong to their respective owners. Use of any trademark does not imply endorsement or affiliation unless explicitly stated.
17) TERMINATION
MavBotanicals may suspend or terminate access to the website or refuse service at any time for violation of these Terms, suspected fraud, compliance concerns, or other lawful reasons.
18) DISPUTE RESOLUTION — INFORMAL NOTICE, BINDING ARBITRATION, CLASS ACTION WAIVER
PLEASE READ CAREFULLY — THIS AFFECTS YOUR LEGAL RIGHTS.
Informal Dispute Resolution (Required First)
Before filing any claim, you agree to send a written Notice of Dispute to info@mavbotanicals.com including:
- your name and contact information,
- order number(s),
- a detailed description of the issue,
- the specific relief you are requesting.
You agree to allow 60 days for good-faith informal resolution before initiating arbitration or other proceedings.
Binding Arbitration
Except for qualifying small claims matters, you and MavBotanicals agree that any dispute arising out of or relating to these Terms, Products, purchases, marketing, or your relationship with MavBotanicals shall be resolved by binding arbitration on an individual basis. Arbitration will be administered by the American Arbitration Association (AAA) under its consumer rules unless the parties agree otherwise.
Class Action Waiver; Jury Trial Waiver
You and MavBotanicals waive the right to a jury trial and agree that claims must be brought only in your individual capacity, not as a class, collective, consolidated, private attorney general, or representative action.
If a court finds the class action waiver unenforceable, then the arbitration agreement may be severed to the maximum extent permitted by law.
19) GOVERNING LAW; VENUE
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where federal law governs arbitration enforcement. For any court proceedings permitted under these Terms, venue will be in Riverside County, California unless otherwise required by law.
20) CHANGES TO TERMS
MavBotanicals may update these Terms at any time by posting a new version on the website. Continued use of the website or purchase of Products constitutes acceptance of the updated Terms.
21) CONTACT
Customer Support: info@mavbotanicals.com
