Real Green Rewards Terms & Conditions

 

Real Green Rewards Terms & Conditions:

Effective January 1, 2024. The Real Green Rewards Program is a rewards program offered by CBD Kratom in the United States. These Member Agreement Terms & Conditions, as well as all additional policies, terms, and conditions referenced and incorporated throughout, all of which may be amended from time to time (collectively, these "Terms"), contain information about the program and apply to you if: (1) you were enrolled in Real Green Rewards program in-store, on shopcbdkratom.com or in the CBD Kratom App: or (2) you have otherwise participated at a local activation event with a sweepstakes that required sign-up.

1. GENERAL. By enrolling in the, or otherwise participating in the Program, you acknowledge that you have read, understood and unconditionally accept to be bound by these Terms. CBD Kratom reserves the right to modify these Terms, without further notice or compensation to you, and you waive any right to receive specific individual notice or such modifications. Any updates to these Terms will be effective immediately upon posting at cbdkratom.com/RealGreenRewardsTerms, and your continued membership in the Program constitutes your acceptance of such modifications. These Terms constitute a legally binding agreement between CBD Kratom and each Member (as defined in Section III below) in the Program. Accordingly, you expressly represent and warrant that you are eligible for the Program (as described below) and will otherwise comply with these Terms. If you do not agree to all of these Terms now or at any point in the future and wish to be removed from the Program and/or you become ineligible for the Program (please see Section ll below), please contact CBD Kratom Customer Service at https://shopcbdkratom.com/pages/contact-us to un-enroll. 

1. ELIGIBILITY. The Program is only open to individual U.S. residents (excluding Guam, Puerto Rico, U.S. Virgin Islands and territories) of at least 18 years of age. If you are between the age of majority 18 and 21, you have expressly acknowledged that you may not be eligible for all Rewards program benefits. Program membership is available only to natural persons and the following are ineligible: corporations, businesses, non-profit organizations, governmental agencies or other entities and CBD Kratom may disqualify any such entity discovered to be in the Program, which may include forfeiture of any accumulated Real Green Rewards Point Balance. Because CBD Kratom is a retailer and does not sell to individuals or dealers for the purpose of resale to others, resellers are expressly excluded from the Program.

III. MEMBERSHIP.

1. General.
1. Eligible customers who enroll in the Program (“Member(s) or “Real Green Rewards Member(s)”) will each be assigned a unique rewards identifier which will be associated with the such Member’s membership account (“Real Green Rewards Account”).
2. Each Member may have only one Real Green Rewards Account, which may be associated with only one phone number and email address. Should CBD Kratom determine, in its sole discretion, that a Member has created multiple Real Green Rewards Accounts or that a Member’s phone number and/or email address is associated with multiple Real Green Rewards Accounts, CBD Kratom may consolidate, deactivate, close, and/or terminate a Member’s Real Green Rewards Account(s) without notice. 
3. Your Real Green Rewards Account is nontransferrable.
4. No purchase is required to become a Member.

Enrollment.

1. Enrollment Channels. Eligible customers may enroll in the Program through Real Green Rewards digital platform at ShopCBDKratom.com/account or at time of purchase at a CBD Kratom retail location.
2. Enrollment Process. At the time of enrollment, you may be requested and/or required to provide certain information, including without limitation, your first and last names, a valid phone number, email address, and date of birth, as well as a valid zip code corresponding to your U.S. residence mailing address. If you fail to provide valid/accurate information, CBD Kratom reserves the right, in its sole determination and discretion, to terminate your participation in the Program (as set forth below).
3. Existing CBD Kratom Accounts Holders and Real Green Rewards Members. If you already have a CBD Kratom online account but are not a Real Green Rewards Member, you will be prompted at your next login to agree to these Terms before logging in to your CBD Kratom online account. If you are a Real Green Rewards Member but do not have a CBD Kratom online account, we will automatically connect the email address associated with your Real Green Rewards Account to a CBD Kratom online account, which will allow for you to create and finalize your CBD Kratom online account and agree to these Terms at your convenience. If CBD Kratom determines in its reasonable discretion that a Member has both an existing Real Green Rewards Account and CBD Kratom online account, then CBD Kratom may connect that Real Green Rewards Account to that Member’s existing CBD Kratom online account with, or without, notice to the Member.

1. REAL GREEN REWARDS POINTS

Real Green Rewards Earn Every Qualifying Purchase. As a Member, you have the opportunity every day to earn Real Green Rewards points on all Qualifying Purchases (defined below) made in store or online as set forth below as long as you identify yourself as a Member (by logging into your Real Green Rewards account online at shopcbdkratom.com prior to making a purchase via those channels; or providing your phone number and/or email address that is associated with your Real Green Rewards Account at in-store checkout).

1. Qualifying Purchases. Qualifying purchases are calculated after all coupons and/or discounts are applied, before shipping, fess, or tax is imposed, and do not include the purchase of gift cards at CBD Kratom (“Qualifying Purchase(s)”).
2. Real Green Rewards Member Earn Rate. Members will earn Real Green Rewards points at a rate of one(1) point per $1 spent within a Qualifying Purchase every day at CBD Kratom store or online. 
3. Real Green Rewards Accrual. Your Real Green Rewards Account may require up to 48 hours to reflect the accrual of all Real Green Rewards activity, including, without limitation the redemption availability of any new points earned on a Qualifying Purchase(s).

Real Green Rewards Redemption. All issued Real Green Rewards Points can be redeemed at a CBD Kratom store(s) or online only on select products. The redemption window for newly earned points on a qualifying purchase is after 48 hours. Member(s) must be 21+ to redeem a product that is categorized as a smokable and/or where state or local laws require 21+. Products available for redemption through Real Green Rewards point use are based on inventory availability and subject to applicable state laws or regulations.

1. REAL GREEN REWARDS ACCOUNT & MEMBER COMMUNICATIONS.  

You may access or view your Real Green Rewards Account, membership activity, and Real Green Rewards point balance, as well as the most current Program information and these Terms, at shopcbdkratom.com/account or through the CBD Kratom App. When you visit our CBD Kratom stores, our doyens (sales associate) can look-up your Real Green Rewards Account information if you provide your phone number or email address associated with your Real Greens Rewards Account. By enrolling in otherwise participating in the Program, you agree to receive transactional emails, promotion email and text messages offer updates from CBD Kratom, including, without limitation, emails relating to the Program and/or other CBD Kratom promotions, offers, and/or programs. Members may unsubscribe from promotional emails at any time via the unsubscribe link in those emails; provided, however, if you unsubscribe from CBD Kratom emails, you may no longer receive those Program benefits which are distributed by email. Members may unsubscribe from promotional text messages by reply with the word “stop” to the most recent message received. For information about your membership in the Program, contact CBD Kratom Customer Service at_https://shopcbdkratom.com/pages/contact-us.

1. PROGRAM MODIFICATION AND TERMINATION. The Program, its benefits and the interpretation/application of its Terms are offered at the sole discretion of CBD Kratom. CBD Kratom reserves the right to modify the Program and any of these Terms, features or benefits at any time with or without notice to you (including without limitation, the rate at which Real Green Rewards Points can be earned). The Program has no predetermined termination date and may continue until such time as CBD Kratom elects, in its sole discretion, to terminate the Program. In addition, CBD Kratom reserves the right, in its sole discretion, to extend additional benefits or promotion offers to certain Members based on purchase activity or volumes and Program participation. CBD Kratom reserves the right to add, remove, modify or otherwise change promotional opportunities at any time, in its sole discretion, with or without notice to Members.

VII. REAL GREEN REWARDS ACCOUNT CLOSURE. CBD Kratom may, in its sole discretion, terminate, close, and/or deactivate any Real Green Rewards Account(s) that it deems, in its sole discretion, is inactive. Inactive Real Green Rewards Accounts may include, without limitation, any Real Green Rewards Account(s) that have not been used to purchase merchandise at a CBD Kratom store within the preceding 12 consecutive months. Members who independently desire to close their Real Green Rewards Account may do so by submitting a request via the online form at shopcbdkratom.com. Members who close their Real Green Rewards Account will forfeit all accumulated Real Green Rewards Balance, except where prohibited by law.

If these Terms or any other CBD Kratom terms and conditions for any of its programs, offerings, or product purchases are violated or abused, as determined in CBD Kratom’s sole discretion,CBD Kratom reserves the right, without prior notice, to: (a) reject an order or otherwise limit the quantity of items purchased per person, per household or per order; (b) terminate, close, and/or deactivate any Real Green Rewards Account or any other CBD Kratom-affiliated program or accounts; (c) deactivate or invalidate any accumulated Real Green Rewards points, and/or discount coupons or codes, including within an associated Real Green Rewards online account or CBD Kratom App; and (d) prohibit further purchases, participation in, and access to any CBD Kratom platforms, sites or programs. In the event of any such termination, closure, and/or deactivation, CBD Kratom reserves the right to invalidate improperly awarded or issued Rewards Points and/or to close a Real Green Rewards Account altogether, without notice. If your Real Green Rewards Account is terminated, closed, consolidated, and/or deactivated by you or CBD Kratom, your accumulated Real Green Rewards Balance and unused points balance may be deactivated and/or invalidated.

VIII. ADDITIONAL TERMS.

License. Subject to these Terms, CBD Kratom hereby grants you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to these Terms, to access, participate in and use the Program services. You agree that you obtain no rights other than the rights and licenses expressly granted herein.

Entire Agreement. You agree to comply with terms and conditions of this Membership Agreement, as well as the terms and conditions of the following (all of which are referred to as “Terms” in Section III of these Membership Agreement Terms & Conditions): (i) CBD Kratom Privacy Policy (referenced below); (ii) any and all other policies and rules as set forth in Program materials, either in print or on the Program website; New Terms may be added and/or existing Terms may be amended from time-to-time. These Terms, as so amended, will be posted on the Program website and your continued participation in the Program thereafter will constitute acceptance of all such updated terms.

Privacy Policy. By enrolling or otherwise participating in the Program, you acknowledge and agree that the information you provide as a member of the Program will be released to CBD Kratom and CBD Kratom affiliates as well as third parties to carry out the Program on CBD Kratom behalf and as otherwise set forth in CBD Kratom Privacy Policy.

CBD Kratom Employees. CBD Kratom employees may be restricted from participating in certain features of the Program pursuant to applicable CBD Kratom Policies, as determined by CBD Kratom in its sole discretion.

Trademarks.As well as related product and service names, design marks and slogans, are registered trademarks

1. ARBITRATION AGREEMENT; JURY TRIAL WAIVER; CLASS ACTION WAIVER;JURISDICTION AND VENUE

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN ARBITRATION AGREEMENT. THIS SECTION MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. THIS SECTION ALSO CONTAINS PROCEDURES FOR FINAL BINDING INDIVIDUAL ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION (COLLECTIVELY, “CLASS ACTION”) IN ARBITRATION OR LITIGATION.

THIS SECTION ALSO ADDRESSES THAT YOU AND CBD KRATOM ARE GIVING UP THE RIGHT TO HAVE A JURY TRIAL TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND TO FILE OR PARTICIPATE IN A CLASS ACTION SUBJECT TO THE LIMITED EXCLUSION BELOW. IN ARBITRATION, DISPUTES ARE RESOLVED BY AN ARBITRATOR, NOT A JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.

Most customer concerns can be resolved by email Customer Service at customerservice@mngcity.com. In the event Customer Service is unable to resolve a complaint to your satisfaction, this section IX explains how any Dispute (as defined below) will be resolved. 

For purposes of this Section IX, the terms “CBD Kratom,” “our,” “we,” or “us” include CBD Kratom, its parent MNG 2005, Inc., as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to CBD Kratom or its present or future affiliates or subsidiaries. 

1. Mandatory Pre-Arbitration Informal Dispute Resolution. You and CBD Kratom agree to engage cooperatively to try to resolve any Dispute informally prior to you or CBD Kratom initiating an arbitration proceeding. You or CBD Kratom must first send a written notice to the other party providing a detailed description of the Dispute; your or our name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable you or us to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the Dispute and any claims and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Your notice to us must be personally signed by you (and your attorney if you are represented by legal counsel). Our notice to you must be personally signed by a CBD Kratom representative (and our attorney if we are represented by legal counsel).

Your notice to CBD Kratom  must be sent to CBD Kratom, Attn: Legal Department, 12400 Olive Blvd Suite 100, Saint Louis, MO 63141. Our notice to you must be sent to the most recent contact information that you have provided to us.
For a period of 60 days from the date of receipt of a completed notice from the other party, you and we will work together using reasonable efforts to try to resolve the Dispute. If requested by us in connection with a notice initiated by you, you agree to personally participate in an individualized telephone settlement conference (and if you are represented by an attorney, your attorney may also participate) to discuss a potential early resolution of the matter. If requested by you in connection with a notice initiated by us, we agree to have a CBD Kratom representative personally participate in an individualized, telephone settlement conference (and if we are represented by an attorney, our attorney may also participate). If the Dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), you or we may commence arbitration consistent with the process set forth below. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.

Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process.

If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.

1. Arbitration Rules and Procedures; Individualized Relief; Fees. To begin an arbitration proceeding, you must send an arbitration demand to National Arbitration and Mediation (“NAM”) with a copy to CBD Kratom Registered Agent/Legal Department, located at: CBD Kratom, Attn: Legal Department, 12400 Olive Blvd Suite 100, Saint Louis, MO 63141, or we must send an arbitration demand to NAM with a copy sent to you at the most current address we have on file.

The arbitration demand must be accompanied by a certification of completion of the informal dispute resolution process and a copy of the notice. The arbitration demand and certification must be personally signed by you or your attorney, if you are represented by legal counsel (if you are initiating arbitration) or by a CBD Kratom representative or our attorney, if we are represented by legal counsel (if we are initiating arbitration). By filing the arbitration demand, the party and its attorney initiating the arbitration represent that to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is expressly authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel.

The arbitration will be administered by NAM under its applicable rules, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“NAM Rules”), as modified by this Arbitration Agreement. The NAM Rules and fee information are available at www.namadr.com. If NAM is unavailable or unwilling to administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree on an administrator, they shall jointly petition a court of competent jurisdiction to appoint an administrator that will administer the arbitration consistent with the NAM Rules as modified by this Arbitration Agreement. Payment of all arbitration fees will be governed by the NAM Rules as modified by this Arbitration Agreement. CBD Kratom will consider a request to reimburse the consumer filing fee upon a demonstration of hardship. You and we agree that the parties have a shared interest in reducing the fees and costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with NAM regarding fees, and you and we agree that the parties (and your and our counsel, if you and we are represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing. You and CBD Kratom reserve the right to request a hearing in any matter from the arbitrator. You and CBD Kratom  agree that you and a CBD Kratom representative will personally appear at any hearing (along with your and our respective legal counsel, if the parties are represented by counsel). If an in-person arbitration hearing is required, then it will be conducted at a location that is reasonably convenient to you or at another mutually agreed-upon location.

The arbitration will be conducted by a single arbitrator who will apply these Terms as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record only. The arbitrator shall issue a reasoned written award. The cost-shifting provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator after entry of an award. The arbitration award shall have no preclusive effect in any other arbitration or proceeding that does not involve you and CBD Kratom. An award that has been satisfied may not be entered in court.

UNLESS BOTH YOU AND WE AGREE OTHERWISE, ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL BASIS. CLAIMS OF MORE THAN ONE PERSON CANNOT BE ARBITRATED JOINTLY OR BE CONSOLIDATED WITH THOSE OF ANY OTHER PERSON. ADDITIONALLY, YOU AND CBD KRATOM AGREE THAT THE ARBITRATOR MAY AWARD INDIVIDUAL RELIEF AVAILABLE IN COURT (INCLUDING, WITHOUT LIMITATION, DAMAGES, DECLARATORY, INJUNCTIVE, OR OTHER EQUITABLE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S PARTICULAR CLAIM. THE ARBITRATOR MAY NOT ISSUE A “PUBLIC INJUNCTION.” THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE CLASS ACTION WAIVER PROVISIONS. IF, FOR ANY REASON, A COURT OF COMPETENT JURISDICTION HOLDS THAT THESE RESTRICTIONS ARE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THE PARTIES AGREE THAT THE PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN A COURT OF COMPETENT JURISDICTION BUT SHALL BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

iii. Additional Procedures for Mass Filings. You and CBD Kratom agree that these procedures (in addition to all others provided in Section XI) shall also apply if you choose to participate in a “Mass Filing” (defined below).

If 25 or more similar Disputes (including yours) are asserted against CBD Kratom by the same or coordinated counsel or are otherwise coordinated (“Mass Filing”), consistent with the definition and criteria of Mass Filing set forth in the NAM Rules, you understand and agree that by choosing to be part of a Mass Filing, these additional procedures shall apply, and the resolution of your Dispute might be delayed and ultimately proceed in court if not resolved through the process set forth below. The parties agree that throughout this process, their counsel shall meet and confer in an effort to informally resolve the Disputes, streamline procedures, address the informal exchange of information, modify the number of Disputes to be adjudicated and to promote efficiency, conservation of resources, and the resolution of claims.

If your claim is part of a Mass Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that the Mass Filing is first submitted to NAM until your Dispute proceeds in arbitration or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this Section XI.

STAGE ONE: Assuming there are at least 100 Disputes submitted as part of the Mass Filing, your counsel and our counsel shall each select 50 Disputes (per side) to proceed as cases in individual arbitration proceedings as part of an initial staged process. Alternatively, either side’s counsel may elect to have their 50 cases selected randomly. The number of Disputes to be selected to proceed as part of this initial staged process can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually in Stage One). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator and proceed in individual arbitrations. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of a staged process. If after this initial set of proceedings the parties are unable to informally resolve the remaining Disputes, they shall participate in a global mediation session with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and CBD Kratom shall pay the mediator’s fee.

STAGE TWO: If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for Kohl’s shall each select 100 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Alternatively, either side’s counsel may elect to have their 100 Disputes selected randomly. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than 200 Disputes, all shall proceed individually in Stage Two). No more than 3 cases may be assigned to a single arbitrator to proceed individually unless the parties agree otherwise. If a case is withdrawn without the consent of both parties, then another Dispute shall be selected consistent with the selection process referenced above to proceed as part of this Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge to be jointly selected by counsel for the parties in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and CBD Kratom shall again pay the mediator’s fee.

Upon the completion of the global mediation session set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may only proceed in a court of competent jurisdiction consistent with these Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of the remaining Disputes in individual arbitration proceedings consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel for the parties) or through another mutually-agreeable process.

A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Filings section of the Arbitration Agreement, including by enjoining the Mass Filing, the prosecution or administration of arbitrations, and the assessment or collection of arbitration fees.

The Additional Procedures for Mass Filings section of the Arbitration Agreement and each of its requirements are essential parts of this Arbitration Agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that this section applies to your Dispute and is not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

1. Opt-out. You have the right to opt out of arbitration by sending your personally signed, written notice of your decision to opt out to the following address: CBD Kratom, Attn: Legal Department, 12400 Olive Blvd, Suite 100, Saint Louis, MO 63141, postmarked within 60 days of the first time you agreed to terms with CBD Kratom that included an arbitration agreement. You must include: (a) your name and residential address; (b) the email address and/or telephone number associated with your account; and (c) a clear statement that you want to opt out of arbitration and seek to have any Dispute addressed in a court of competent jurisdiction consistent with these Terms. By opting out of arbitration, all other provisions in these Terms, including the class action waiver and jury trial waiver, remain in effect to the fullest extent permissible by applicable law.
2. Severability and Survival. Except as specifically provided in the Arbitration Agreement (e.g., the Additional Procedures for Mass Filings), if any part or parts of this Arbitration Agreement is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Arbitration Agreement shall continue in full force and effect. This Arbitration Agreement will survive the termination of the Program and these Terms.
3. Future Changes to Arbitration Agreement. If we make any future changes to this Arbitration Agreement (other than a change to our mailing address), you may reject any such change by sending your personally signed, written notice to the following address:  CBD Kratom, Attn: Legal Department, 12400 Olive Blvd, Suite 100, Saint Louis, MO 63141, postmarked within 30 days of the change. Such written notice does not constitute an opt-out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and CBD Kratom in accordance with this version of the Arbitration Agreement.
4. Waiver of Jury Trial; Waiver of Class Actions. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND CBD KRATOM  WAIVE THE RIGHT TO A JURY TRIAL. YOU AND CBD KRATOM ALSO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN ARBITRATION OR IN LITIGATION IN COURT. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
5. Jurisdiction and Venue. Unless you and CBD Kratom agree otherwise, to the fullest extent permitted by law, the state and federal courts that encompass Saint Louis, Saint Louis County shall have exclusive jurisdiction over any disputes (except for claims brought in small claims court) that are not subject to arbitration, that are opted out of arbitration pursuant to this Section IX, or over any action that seeks to enforce or challenge the enforceability of the Arbitration Agreement or any provision of the Arbitration Agreement or these Terms. You and CBD Kratom consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts because of (a) inconvenient forum; or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.