Terms of Service

TERMS OF SERVICE

Last Updated: 2/5/2025

These Terms of Service (“Terms”) govern your access to and use of the website located at alkaloids.io (the “Site”) and any products, services, or materials offered through the Site (collectively, the “Products”). The Site is operated by Phyto Materials LLC (“Company,” “we,” “us,” or “our”).

By accessing the Site or purchasing any Products, you agree to be bound by these Terms. If you do not agree, do not access the Site or purchase Products.

  1. ELIGIBILITY AND ACCEPTANCE

You represent and warrant that you:

Are at least twenty-one (21) years of age

Have the legal capacity to enter into these Terms

Are purchasing Products solely for lawful purposes

Will comply with all applicable federal, state, and local laws

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

  1. PRODUCTS; NO MEDICAL OR CONSUMPTION CLAIMS

Products offered on the Site:

Are not dietary supplements

Are not drugs

Are not intended to diagnose, treat, cure, or prevent any disease

Are sold without directions, dosage information, or recommendations for use

No statements on the Site or in any materials provided by the Company should be interpreted as medical, therapeutic, or consumption guidance. You acknowledge that you do not rely on the Company for medical, health, or safety advice.

  1. ASSUMPTION OF RISK

You acknowledge and agree that:

Handling, possession, or use of Products may involve inherent risks

You voluntarily assume all risks associated with the purchase, handling, storage, transfer, or possession of Products

The Company makes no representations regarding suitability, effects, or outcomes

To the fullest extent permitted by law, you release the Company from any liability arising from your use or misuse of Products.

  1. RESTRICTIONS ON USE; RESALE AND WHOLESALE

Products are sold for personal or internal use only, unless you are expressly approved in writing by the Company as a registered wholesale customer.

You may not, unless authorized:

Resell, redistribute, or transfer Products

Repackage or relabel Products

Add directions, claims, or marketing statements

Export Products or ship to restricted jurisdictions

Sell Products to minors

Use Products in violation of applicable law

Any unauthorized resale or redistribution constitutes a material breach of these Terms and immediately voids any warranties or protections.

  1. INTELLECTUAL PROPERTY

All content on the Site, including but not limited to text, graphics, product names, labels, trade dress, logos, images, COAs, and software, is owned by or licensed to Phyto Materials LLC and is protected by intellectual property laws.

You are granted a limited, revocable, non-exclusive, non-transferable license to access the Site for personal, non-commercial use only. No rights are granted by implication or otherwise.

We reserve the right to seek injunctive relief for unauthorized use of our intellectual property.

  1. USER CONDUCT

You agree not to:

Misrepresent your age or eligibility

Circumvent Site safeguards

Scrape, copy, or mirror Site content

Reverse engineer Products

Interfere with Site operation or security

Violation may result in immediate termination and legal action.

  1. ORDERS, PRICING, AND SHIPPING

All orders are subject to acceptance. Prices may change without notice. Shipping times are estimates only. Title and risk of loss pass to you upon shipment.

You are responsible for ensuring Products are lawful to receive in your jurisdiction.

  1. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, PRODUCTS AND THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES

TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM

  1. TIME LIMIT TO BRING CLAIMS

Any claim arising out of or relating to these Terms or Products must be brought within one (1) year after the claim arises, or it is permanently barred.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its members, managers, officers, and agents from any claims, damages, liabilities, costs, or expenses arising from:

Your breach of these Terms

Your misuse of Products

Unauthorized resale or redistribution

Violation of law

Misrepresentation of eligibility or age

  1. GOVERNING LAW; ARBITRATION; VENUE

Governing Law.
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles.

Mandatory Arbitration.
Except as provided below, any dispute arising out of or relating to these Terms or Products shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, with its legal situs in Wyoming.

Limited Court Actions.
Either party may bring an action exclusively in Wyoming state or federal courts for injunctive relief, intellectual property enforcement, or confirmation of an arbitration award.

Consumer Rights Carve-Out.
Nothing in these Terms waives non-waivable consumer rights under applicable law. Any non-arbitrable claim shall be severed and resolved only to the minimum extent required by law.

Class Action Waiver.
All claims must be brought in an individual capacity. Class, collective, or representative actions are waived to the fullest extent permitted by law.

  1. TERMINATION

We may suspend or terminate access to the Site or Products at any time, with or without notice.

  1. SEVERABILITY; ENTIRE AGREEMENT

If any provision is held unenforceable, the remainder shall remain in effect. These Terms constitute the entire agreement between you and the Company regarding the Site and Products.

  1. CONTACT INFORMATION

Phyto Materials LLC
Email: info@alkaloids.io

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