Motark, LLC (“Motark,” “we,” “us,” “our”), 62 6th St N, Nampa, Idaho 83687, help@motark.com.

PLEASE READ CAREFULLY. THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER (SECTION 17), A RELEASE AND ASSUMPTION OF RISK (SECTION 8), AND A LIMITATION OF LIABILITY (SECTION 10). THEY AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 17.9).

1. Agreement to these Terms

1.1 These Terms & Conditions (“Terms”) govern your access to and use of motark.com (the “Site”) and every purchase you make through it. By using the Site, creating an account, or placing an order, you agree to these Terms, our Privacy Policy, our Shipping Policy and our Return Policy, each of which is incorporated by reference.

1.2 At checkout you will be asked to confirm that you are at least 21 years old, that you have read these Terms and the Product Warnings in Section 7, and that you agree to resolve disputes by individual arbitration. We record the date, time, IP address and version of the Terms you accepted with each order. That record is our evidence of your agreement.

1.3 If you do not agree to these Terms, do not use the Site or purchase from us.

1.4 We may change these Terms at any time by posting a new version with a new effective date. Changes apply to orders placed after the effective date. Your continued use of the Site after a change means you accept it. Changes to Section 17 (Arbitration) do not apply to a dispute of which we had written notice before the change.

2. Eligibility and age

2.1 You must be at least 21 years of age to use the Site or purchase any product, regardless of the age of majority where you live. We sell only to adults 21 and older in every jurisdiction.

2.2 You represent that you are 21 or older, that you are purchasing for your own personal use, and that every person who will use the products is 21 or older.

2.3 We verify age. We may require your date of birth at checkout, a copy of government-issued photo identification before shipping, adult-signature delivery, or third-party age verification, and we may hold or cancel any order until verification is complete. Providing false age information is a breach of these Terms and may be a crime.

2.4 We do not knowingly collect information from or sell to anyone under 21. If we learn that a purchaser is under 21 we will cancel the order, refund any payment, and may report the matter to law enforcement.

3. Legal status of kratom and kava; your responsibility

3.1 Kratom (Mitragyna speciosa) is not approved by the U.S. Food and Drug Administration for any use. Its legal status differs by state, county and city and changes often. Kava (Piper methysticum) is legal in the United States but is subject to FDA advisories and, in some places, local rules.

3.2 You are solely responsible for knowing and complying with the laws of the place where you live and the place where your order is shipped. By placing an order you represent and warrant that the purchase, shipment, receipt, possession and use of each product you order is lawful at your shipping address and that you are legally permitted to receive it.

3.3 We do not ship to the jurisdictions listed in Section 6.3. That list is our best current understanding; it is not legal advice, it may be incomplete, and it may change at any time without notice. The absence of a jurisdiction from the list is not a representation that kratom is legal there.

3.4 We may refuse, hold or cancel any order that we believe, in our sole discretion, may be unlawful at its destination, may be intended for resale, or may violate these Terms.

4. Products, testing and labeling

4.1 Motark sells natural kratom leaf products (powders and capsules), enhanced and extract-boosted leaf blends, third-party kratom extract products, and the Motark kava-and-kratom shot (the “Shot”). Each product page states what the product is. Extract and enhanced products are stronger per gram than plain leaf; read the label and the serving size before use.

4.2 We do not sell synthetic or isolated 7-hydroxymitragynine (7-OH), mitragynine pseudoindoxyl, MGM-15, MGM-16 or any other synthetic, semi-synthetic or concentrated kratom alkaloid product. 7-OH occurs naturally in kratom leaf in small amounts; our products contain 7-OH only as it occurs naturally and below the lower of the federal and applicable state limits where we ship. Products that do not meet a state’s alkaloid or potency limits are not shipped to that state.

4.3 Every lot of our own products is tested by an independent third-party laboratory for mitragynine and 7-hydroxymitragynine content, heavy metals (arsenic, cadmium, lead, mercury) and microbial contaminants. Third-party brands we carry, if any, are tested by their manufacturers and we rely on their certificates. Certificates of Analysis are available on request by lot number at help@motark.com. Test results describe the lot tested and are not a warranty of any effect, benefit or outcome. Our products are produced under [cGMP / AKA GMP-qualified program - confirm]. Compliance with a GMP program is not FDA approval.

4.4 The Shot is manufactured for Motark by a third-party contract manufacturer under [cGMP - confirm]. Each Shot states its mitragynine and kavalactone content per serving on the label. One bottle is one serving.

4.5 Kratom is a natural agricultural product. Color, texture, aroma, alkaloid content and effect vary between lots and between plants. Product descriptions, images, strain names, color names and product or line names are for identification and are not a promise of any particular potency or effect.

4.6 Products are labeled with a suggested serving size and directions for use. Follow them. Do not exceed the suggested serving.

5. Orders, pricing and payment

5.1 Placing an order is an offer to buy. We accept it when we ship. We may decline or cancel any order for any reason, including suspected fraud, age or legality concerns, quantity limits, pricing or stock errors, or a prior breach of these Terms, and will refund any amount charged for a cancelled order.

5.2 Prices are in U.S. dollars and may change without notice. We try to keep prices, descriptions and availability accurate, but errors happen; if a product is listed at an incorrect price we may cancel the order or contact you before shipping. Taxes and shipping are added at checkout.

5.3 You must provide accurate, complete billing, shipping and contact information and represent that you are authorized to use the payment method. We use third-party payment processors; their terms apply to the payment itself.

5.4 Retail only; no resale; wholesale is separate. Products sold through the Site are for personal use only. You may not resell, redistribute, relabel or supply our products to any third party, and you may not export them. We may limit quantities per order, per customer or per address. Retail stores, distributors and other businesses buy only under our separate written Wholesale Agreement, which governs those purchases instead of these Terms; contact [wholesale@motark.com]. A business that orders through the Site without a wholesale agreement is bound by these Terms and by the no-resale rule.

5.5 Chargebacks. If you have a problem with an order, contact us first; we resolve nearly every issue directly. Filing a chargeback or payment dispute without first contacting us and allowing 5 business days for a response is a breach of these Terms. For a chargeback that we successfully contest, or that is later shown to be unfounded, you agree to pay the disputed amount plus any processor fees, and we may recover reasonable collection costs and attorney fees and refuse future orders.

5.6 Fraud screening. We may hold orders for verification of identity, address or payment, and may cancel any order we cannot verify.

5.7 Subscriptions. If you enroll in a subscription, you authorize recurring charges at the interval shown until you cancel. You may cancel any time from your account or by emailing help@motark.com at least 24 hours before the next scheduled charge. Subscription discounts apply only while the subscription is active.

6. Shipping, delivery and risk of loss

6.1 We ship to the address you provide. You are responsible for its accuracy. We are not responsible for delay, loss or return of a package caused by an incomplete or incorrect address, and reshipment to a corrected address is at your cost.

6.2 Risk of loss and title pass to you when the carrier’s tracking shows the package delivered to the shipping address. Once tracking shows delivery, we are not responsible for lost, stolen, misplaced or damaged packages. Optional package protection ([Route] or similar) is offered at checkout and is your remedy for loss or theft after delivery; it is provided by the protection provider under its own terms and is not insurance from Motark.

6.3 Restricted jurisdictions. We do not ship kratom products to the following, and orders addressed to them will be cancelled and refunded:

• States: Alabama, Arkansas, California, Connecticut, Indiana, Kansas, Louisiana, Massachusetts, North Dakota, Rhode Island, Tennessee, Utah, Vermont, West Virginia, Wisconsin; the District of Columbia. [Kentucky: remove from service on January 1, 2027.]
• Counties and cities: Sarasota County, Florida; Parker and Monument, Colorado; Jerseyville, Alton, Godfrey, Edwardsville, Glen Carbon, Marion and Herrin, Illinois; Alcorn, Calhoun, Itawamba, Jones, Lowndes, Monroe, Noxubee, Prentiss, Tippah, Tishomingo and Union Counties, Mississippi, and the cities of Columbus, Oxford, Ridgeland, New Albany, Caledonia, Fulton, Gluckstadt and Saltillo, Mississippi; Franklin, New Hampshire; Ontario, Oregon; Idaho Falls and Kellogg, Idaho; Spokane, Spokane Valley, Cle Elum, Othello and Mount Vernon, Washington; Sterling Heights, Michigan; Kansas City, Missouri.
• Extract, enhanced and Shot products are additionally not shipped to any state whose potency, alkaloid-ratio or product-form rules they do not meet. The product page states any additional state restriction.
• International: We ship within the United States only. We do not ship to U.S. military addresses (APO/FPO/DPO) or to any foreign country.

6.4 This list reflects our understanding as of the effective date. We update it without notice as laws change. You remain responsible under Section 3.2 whether or not your jurisdiction appears here.

6.5 Seized, refused or undeliverable packages. If a package is seized, held, inspected or destroyed by any government authority or carrier, or is refused at delivery, we do not refund or reship it. You bear the risk that a package will be seized at its destination.

6.6 Adult-signature delivery may be required at our discretion or where the law requires it (including Florida). Carrier fees for signature service, redelivery or address correction may be charged to you.

6.7 Shipping dates are estimates. We are not liable for carrier delays. Liquid products such as the Shot may be subject to carrier temperature or seasonal handling limits; we are not responsible for freezing or heat exposure in transit.

7. Product warnings and health disclaimer

Read this section before you buy. By ordering, you confirm that you have read it and understand it.

7.1 FDA. The statements on this Site and on our products have not been evaluated by the U.S. Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease. The FDA has not approved kratom for any medical use and has warned consumers not to use it. Kratom is not an approved dietary ingredient, food additive or drug.

7.2 Habit-forming. Kratom contains mitragynine and 7-hydroxymitragynine, alkaloids that act on opioid receptors. Kratom can be habit-forming. Regular or frequent use can lead to tolerance, physical dependence and addiction, and stopping after regular use can cause withdrawal symptoms including irritability, anxiety, insomnia, muscle aches, sweating, nausea and cravings. Kratom is not intended for daily or long-term use. Extract, enhanced and Shot products are more concentrated than plain leaf and carry a higher risk of tolerance and dependence.

7.3 Serious effects. Reported adverse effects include nausea, vomiting, constipation, dizziness, drowsiness, rapid heart rate, elevated blood pressure, seizures, liver injury, respiratory depression, and death, particularly when kratom is combined with other substances. Stop use and seek medical attention if you experience any adverse effect.

7.4 Kava (the Shot). Kava has been associated with liver injury, including rare cases of liver failure. The FDA has advised consumers of this risk. Do not use kava products if you have liver disease, drink alcohol regularly, or take medication that affects the liver. Kava can cause drowsiness and impair coordination; the combination of kava and kratom may intensify these effects. Do not consume more than one Shot in a day. Do not combine the Shot with alcohol or with any other kratom or kava product.

7.5 Do not use these products if you: are under 21; are pregnant, may become pregnant, or are breastfeeding; have a history of substance use disorder; have liver, kidney or heart disease, seizures, or high blood pressure; or take any prescription medication without first consulting your physician.

7.6 Do not combine kratom or kava with alcohol, opioids, benzodiazepines, sedatives, sleep aids, stimulants, antidepressants (SSRIs, SNRIs, MAOIs), antipsychotics, acetaminophen or other liver-metabolized drugs, or any other drug or supplement that affects the central nervous system or liver. Combining these products with such substances has caused serious injury and death.

7.7 Do not drive or operate machinery after using any of our products.

7.8 Serving. Follow the suggested use on the label. For leaf products, start with one-half serving to assess tolerance and do not take more than one serving per day or on consecutive days unless directed by your healthcare provider. For extract, enhanced and Shot products, one labeled serving is the maximum in a 24-hour period.

7.9 Keep out of reach of children and pets. Store in a cool, dry place. Refrigerate the Shot after opening and consume promptly.

7.10 Talk to your doctor. Nothing on this Site is medical advice. Consult a licensed physician before using kratom or kava, especially if you have a medical condition or take any medication. Never delay or stop medical treatment because of anything on this Site.

7.11 California Proposition 65. [Include only if shipping to California is ever resumed:] These products can expose you to chemicals including lead, arsenic and nickel, which are known to the State of California to cause cancer and birth defects or other reproductive harm. See www.P65Warnings.ca.gov.

7.12 Customer reviews, testimonials, character names, product names, flavor names and descriptor lines on our packaging (for example, “Calm the body. Clear the mind.”) are branding and individual opinion, are not verified, and are not a representation of any effect or a medical claim.

8. Assumption of risk and release

8.1 You acknowledge that you have read the warnings in Section 7, that kratom or kava carries known and unknown risks including dependence, withdrawal, liver injury, interaction with other substances, serious injury and death, and that you have had the opportunity to consult a physician.

8.2 You knowingly and voluntarily assume all risk of purchasing, possessing and using our products, including risks arising from your health, your other medications or substances, your use above the suggested serving, your sharing of products with others, and the legal status of kratom where you are.

8.3 To the fullest extent permitted by law, you release and discharge Motark, LLC, its owners, members, officers, employees, contractors, contract manufacturers, suppliers, distributors, affiliates, successors and assigns (the “Released Parties”) from all claims, demands, damages and causes of action of every kind, known or unknown, arising from or related to your purchase, possession or use of our products, other than claims that cannot be released under applicable law and claims arising from our gross negligence or willful misconduct.

8.4 This release is a material part of the bargain. We would not sell to you without it.

9. Disclaimer of warranties

9.1 THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9.2 We make no warranty that any product will produce any effect, that the Site will be uninterrupted or error-free, or that product descriptions, strain names, alkaloid content or images are exact. Nothing on the Site is a warranty about safety or suitability for any person. Third-party brands sold on the Site are warranted, if at all, only by their manufacturers.

9.3 Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case any implied warranty is limited to 30 days from delivery.

10. Limitation of liability

10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, PERSONAL INJURY, OR MEDICAL EXPENSES, ARISING FROM OR RELATED TO THE SITE, THESE TERMS OR ANY PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 THE RELEASED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, THESE TERMS OR ANY PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10.3 These limitations apply together and are fundamental to the pricing of our products. Some states do not allow certain limitations, so some of the above may not apply to you; in that case liability is limited to the fullest extent the law allows.

10.4 Any claim against us must be brought within one year after it arises or it is permanently barred, to the extent the law allows.

11. Indemnification

You agree to defend, indemnify and hold harmless the Released Parties from and against all claims, losses, damages, liabilities, judgments, fines, costs and expenses (including reasonable attorney fees) arising from or related to: (a) your breach of these Terms or any representation in them; (b) your purchase, possession, storage, use or misuse of our products; (c) your provision of our products to any other person, including any person under 21; (d) your resale or redistribution of our products; (e) shipment to or possession in a jurisdiction where kratom is restricted; (f) any content you submit to the Site; or (g) your violation of any law or the rights of any third party. We may assume the defense of any matter subject to indemnification, and you agree to cooperate.

12. Returns and refunds

12.1 Unopened products in original sealed packaging may be returned within 30 days of delivery for a full refund of the product price. Contact help@motark.com for a return authorization. Original shipping charges are not refunded. [Decide: Motark pays return postage, or the customer does. The current page says refund is less original shipping.]

12.2 Opened products may, at our discretion, be exchanged or credited to store credit within 30 days of delivery, less a [15%] handling fee. Opened products are not refunded to the original payment method. Empty, used or partially consumed products beyond a reasonable trial amount are not eligible. Opened Shots are not returnable.

12.3 Because our products are consumables, returned product is destroyed and never resold.

12.4 Refunds are issued to the original payment method within 10 business days after we receive the return. Sale, clearance, bundle and third-party-brand items are final sale unless defective.

12.5 Damaged or wrong items. Report damage or an incorrect item within 7 days of delivery with photos and we will replace it or refund it at our option. Leaking or damaged Shots reported within 7 days with photos are replaced.

12.6 Lost, stolen, seized and undeliverable packages are governed by Section 6, not by this Section.

12.7 Return abuse (repeated returns, returns of product that was clearly used, or false damage claims) may result in refusal of future orders.

13. Accounts, site use and content

13.1 You are responsible for your account credentials and for all activity under your account. Notify us immediately of unauthorized use.

13.2 You may not use the Site to violate any law, to scrape or copy content, to interfere with the Site’s operation, to impersonate any person, to purchase for resale, or to purchase on behalf of anyone under 21.

13.3 Reviews and submissions. If you post a review, comment, photo or other content, you grant us a perpetual, worldwide, royalty-free, irrevocable, sublicensable license to use, reproduce, edit, display and distribute it in any medium, and you waive moral rights to the extent permitted. You represent that the content is yours, is accurate, and does not violate any right of any person. We may remove content for any reason. Reviews may not claim that kratom or kava or our products diagnose, treat, cure or prevent any disease or condition, and we may remove or edit any review that does. We do not pay for or condition anything on the content of a review.

13.4 All Site content, trademarks, product names, artwork, images and designs are owned by us or our licensors and are protected by law. “Motark,” the Motark X mark, our creature badges and our product names are our trademarks. You may not use them without written permission.

13.5 The Site may link to third-party sites and services. We are not responsible for them.

14. Marketing communications

14.1 By providing your email address you consent to receive marketing and transactional email from us. You may unsubscribe from marketing email at any time using the link in any message.

14.2 SMS. If you opt in to text messages, you consent to receive recurring automated marketing and transactional messages from Motark at the number you provided. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. Carriers are not liable for delayed or undelivered messages. We do not share your mobile number with third parties for their marketing.

14.3 Our collection and use of personal information is described in our Privacy Policy.

15. Affiliate program

Participation in our affiliate program is governed by the separate Affiliate Program Agreement. Affiliates may not make health, medical or effect claims about our products, may not bid on our trademarks in paid search, and may not market to or in restricted jurisdictions or to anyone under 21. We may terminate any affiliate and withhold commissions for breach.

16. Termination

We may suspend or terminate your account or refuse service at any time, with or without notice, for any reason, including a breach of these Terms. Sections 3, 7 through 11, 17 and 18 survive termination.

17. Dispute resolution: binding individual arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND LIMITS THE WAYS YOU CAN SEEK RELIEF.

17.1 Informal resolution first. Before starting arbitration or any court proceeding, the party raising a dispute must send the other a written Notice of Dispute describing the claim, the facts, and the relief sought. Send notice to us at Motark, LLC, Attn: Legal, 62 6th St N, Nampa, Idaho 83687, and by email to help@motark.com; we will send notice to the email and mailing address on your account. The parties will try in good faith to resolve the dispute for 60 days after the notice is received, including at least one telephone or video conference if either party requests it. A limitations period is tolled during this 60-day period. Completing this step is a condition precedent to arbitration or litigation.

17.2 Agreement to arbitrate. Except as provided in 17.3, you and Motark agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, any product, any purchase, or the relationship between us - including claims of personal injury, product liability, negligence, failure to warn, breach of warranty, consumer protection, fraud, and claims about the validity, scope or enforceability of this Section - will be resolved exclusively by binding individual arbitration and not in court. This agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

17.3 Exceptions. Either party may (a) bring an individual claim in small claims court in the county where you live or in Canyon County, Idaho, if the claim qualifies and remains there; and (b) seek injunctive relief in court to protect intellectual property or to stop unauthorized use of the Site.

17.4 Rules and forum. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. The rules are at www.adr.org. If AAA is unavailable, the parties will agree on another administrator or a court will appoint one. There will be one arbitrator. The arbitrator will apply Idaho substantive law consistent with the FAA and applicable statutes of limitation. Any in-person hearing will be held in Canyon County, Idaho, unless you elect a hearing by video or telephone or the arbitrator orders otherwise; if you live more than 100 miles from Canyon County, you may elect to have any in-person hearing in the county where you live.

17.5 Fees. Filing, administrative and arbitrator fees are governed by the AAA Consumer Rules. If you cannot afford the filing fee and tell us in writing, we will pay it for you. Each party bears its own attorney fees unless the arbitrator finds a claim or defense frivolous or brought in bad faith, or a statute provides otherwise.

17.6 Arbitrator’s authority. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this Section, except that a court decides the enforceability of the class-action waiver in 17.7. The arbitrator may award the same individual relief a court could, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

17.7 Class-action and representative-action waiver. YOU AND MOTARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking it. If this waiver is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) will be severed and heard in court under 17.11, and the remainder will be arbitrated.

17.8 Jury waiver. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND MOTARK EACH WAIVE THE RIGHT TO A JURY TRIAL.

17.9 30-day opt-out. You may opt out of this arbitration agreement by emailing help@motark.com with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms (or after the effective date of this version, if you accepted an earlier version). Include your name, address, email and order number. Opting out does not affect any other part of these Terms. An opt-out applies only to you.

17.10 Mass arbitration. If 25 or more similar demands are filed against us by the same or coordinated counsel within 180 days, the AAA Mass Arbitration Supplementary Rules apply, and (a) demands will be grouped into batches of 25 for administration and fees, each batch before a single arbitrator; (b) while any batch is pending, all other demands are stayed and limitations periods tolled; and (c) after the first batch is decided, the parties will mediate the remaining demands in good faith for 90 days before any further batch proceeds. This 17.10 does not apply to a demand brought by a single unrepresented consumer.

17.11 Court proceedings. Any claim not subject to arbitration, and any action to compel arbitration or enforce an award, will be brought exclusively in the state or federal courts located in Canyon County, Idaho, and you consent to their personal jurisdiction and venue, except that a small-claims matter may also be heard where you live.

17.12 Severability and survival. If any part of this Section other than 17.7 is found unenforceable, the rest remains in effect. This Section survives termination of these Terms and the end of our relationship, and it is enforceable by our successors and assigns.

18. General

18.1 Governing law. These Terms and any dispute are governed by the laws of the State of Idaho, without regard to conflict-of-law rules, and by the FAA as to Section 17. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Assignment and successors. You may not assign these Terms. We may assign or transfer these Terms, your account and our rights and obligations, in whole or in part, without notice, to any affiliate or to any successor in connection with a merger, acquisition, reorganization or sale of assets. These Terms, including Section 17, bind and benefit our successors and assigns.

18.3 Entire agreement. These Terms and the policies they incorporate are the entire agreement between you and us about the Site and your purchases and supersede all prior agreements, including the Terms dated January 1, 2024. Wholesale purchases are governed by the Wholesale and Distribution Agreement, not these Terms.

18.4 Severability. If any provision is held invalid, it will be enforced to the maximum extent permitted and the rest of these Terms remain in effect.

18.5 No waiver. Our failure to enforce any provision is not a waiver of it.

18.6 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including carrier failures, supplier, contract-manufacturer or import delays, government action, changes in law, seizures, natural disasters, epidemics, labor disputes or utility and internet failures.

18.7 Electronic contracting. You agree to receive notices and to contract with us electronically. Your clicks and checkbox acceptances have the same force as a signature.

18.8 Notices. Legal notices to us must be sent to Motark, LLC, Attn: Legal, 62 6th St N, Nampa, Idaho 83687, with a copy to help@motark.com. Notices to you may be sent to the email address on your account.

18.9 Headings are for convenience only. “Including” means “including without limitation.”

18.10 Contact. Questions about these Terms: help@motark.com.