These Terms of Use are a legal agreement between you and Elemental Prism LLC d/b/a Herb Stomp ("we", "us", "our"). They govern your use of herbstomp.com and any products you purchase from it. We may update these terms; we'll post a notice in the site footer and the change takes effect 30 days later. Continued use means you accept the revised terms. PLEASE NOTE: these terms contain a binding arbitration provision and a class action waiver. They affect how disputes between us are resolved and waive your right to a jury trial and to participate in class actions. If you do not agree to these terms, do not use this site.
Eligibility
You must be at least 21 years old to view our catalog and to purchase kratom or other age-restricted botanicals (blue lotus, wild dagga, kanna, amanita muscaria, and similar). 21+ is the conservative national floor under state Kratom Consumer Protection Acts (KCPAs) and keeps us compliant in every state we ship to. Non-restricted products (tea, herbs & spices, essential oils, accessories, books) carry no age requirement under federal or state law, but our site-wide age gate still applies for catalog access. Misrepresenting your age on a restricted-item order is fraud, and we may cancel any order we reasonably believe was placed by someone underage. This site is not directed to and may not be used by anyone under 13, and we do not knowingly collect personal information from children under 13.
The products
All products sold through Herb Stomp are intended for herbal specimen, legitimate research, incense, educational, or ornamental use. Our products are not sold for human consumption and are not intended to diagnose, treat, cure, mitigate, or prevent any disease. These statements have not been evaluated by the FDA. See FDA Import Alert 54-15 for context.
Botanical products can interact with medications and health conditions. Do not use kratom or other restricted botanicals if you are pregnant or nursing, and consult a qualified healthcare practitioner before using any herbal product, particularly if you take medication or have a known medical condition. Kratom may be habit-forming. Do not operate vehicles or machinery under the influence of any botanical, and do not combine botanicals with alcohol or other substances.
You are solely responsible for how you store, handle, and use anything you purchase from us, and you assume all risk arising from that storage, handling, and use. Keep all products out of reach of children and pets.
No medical or professional advice
Nothing on this site, in our emails, or said by our staff is medical, legal, financial, or other professional advice, and none of it substitutes for the judgment of a qualified professional who knows your situation. Content on this site is educational. You are solely responsible for decisions you make in reliance on it, and we are not liable for those decisions. We make no representation that any product is appropriate or legal in your jurisdiction; you are responsible for researching the laws in your city, county, state, and country before ordering.
Purchases and payments
Prices, sizes, and availability are as shown at the time of order and may change without notice. You agree that the payment information you provide is accurate and that you are authorized to use the payment method you submit. All transactions are in U.S. dollars. You are responsible for any applicable taxes calculated at checkout.
Every order is an offer to purchase, which we accept when we ship. We may refuse, limit, or cancel any order at our discretion, including where we reasonably suspect fraud, an underage buyer, a shipping destination where a product is restricted, or a pricing or listing error. If we catch an obvious pricing error before shipment, we may cancel and refund rather than fill the order at the erroneous price. If your payment is charged back or fails after shipment, you agree to reimburse our reasonable costs of collecting what is owed, including reasonable attorney fees.
Shipping and returns
See our shipping page for cutoff times, carriers, where we ship, and the return policy. In short: USPS or UPS, 100% money-back on unopened products, and we do not ship outside the United States. Risk of loss passes to you on our delivery of the package to the carrier; title passes at the same time.
Accounts
If you create an account, keep your credentials private and tell us immediately if you suspect unauthorized use. You are responsible for activity under your account, and you agree the registration information you give us is accurate and kept current. We may suspend or close an account we reasonably believe is inaccurate, fraudulent, shared, or used in violation of these terms or the law.
Electronic communications
When you place an order, create an account, or otherwise give us your email address, you consent to receive transactional messages from us electronically (order confirmations, shipping updates, review requests, account notices), and you agree those electronic communications satisfy any legal requirement that a notice be in writing. Marketing email is separate, opt-in, and every send includes an unsubscribe link.
Reviews and other submissions
Where the site lets you post content (product reviews, comments, messages), you grant us a royalty-free, transferable, sublicensable license to use, reproduce, display, edit for length or format, and distribute that content in connection with operating and promoting the shop. You promise that anything you post is yours to post, is accurate to your real experience, and is not unlawful, deceptive, defamatory, infringing, obscene, or malicious (no malware, no spam, no impersonation). We may moderate, decline, or remove submissions, but we have no obligation to review them and are not responsible for their content. If you send us ideas or suggestions about the shop or the site, we can use them without restriction or compensation, and that permission survives these terms ending.
Using this site
We grant you a personal, revocable, non-transferable permission to access and use this site for lawful shopping and reading. You agree not to: break, probe, or overload the site or its checkout; try to access other customers' data; circumvent security or the age gate; misrepresent your identity; scrape or harvest content or customer data; or reuse our content commercially without written permission. One carve-out, because we publish for it: automated agents may read the machine-readable resources we intentionally expose (llms.txt, llms-full.txt, and our public product feed) for search, assistant, and shopping-agent purposes. That carve-out does not permit disruptive crawl rates or any use of those resources to build a competing catalog.
Intellectual property
Everything on this site — text, photographs, product images, logos, designs, code — is owned by Elemental Prism LLC or our licensors and is protected by copyright and other intellectual-property laws. You may not copy, redistribute, or commercially exploit the content without written permission. We reserve all rights not expressly granted here.
Third-party services
Some functions of this site are provided by third parties (for example, payment processing and shipping carriers), and some links lead to sites we do not control. Your dealings with third parties are governed by their terms, and we are not responsible for third-party content, products, or services. Where a feature requires it, you consent to us sharing the order information needed to deliver that feature (for example, your address with the carrier and your tokenized payment with the processor).
Privacy
Your data is handled per our privacy policy, incorporated here by reference.
Disclaimer of warranties
THE SITE AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION ON IT IS COMPLETE OR CURRENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE THESE EXCLUSIONS APPLY TO THE FULLEST EXTENT THE LAW ALLOWS. Nothing in this section limits the voluntary return policy on our shipping page.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ELEMENTAL PRISM LLC NOR ITS OWNERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING FROM YOUR USE OF THE SITE OR ANY PRODUCT, UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE ADVISED SUCH DAMAGES WERE POSSIBLE. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR A PRODUCT WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU; IN THAT CASE THESE LIMITATIONS APPLY TO THE FULLEST EXTENT THE LAW ALLOWS.
Indemnification
You agree to indemnify, defend, and hold harmless Elemental Prism LLC and its owners, employees, and agents from claims, losses, and expenses (including reasonable attorney fees) arising out of your violation of these terms, your violation of any law or of a third party's rights, or your misuse of the site or of any product. We may assume the exclusive defense of any matter you would otherwise indemnify, at our own expense, and you agree to cooperate with that defense.
Term and termination
These terms apply each time you access the site. We may suspend or terminate your access (including any account) at any time if we reasonably believe you have violated these terms or the law, or to protect the site, our customers, or our business. You can end these terms by stopping your use of the site; using it again re-applies them. Sections that by their nature should survive (intellectual property, submissions and feedback licenses, warranty disclaimer, limitation of liability, indemnification, arbitration, class action waiver, governing law, severability) survive termination.
Arbitration
Any dispute arising out of or relating to these terms, the site, or a purchase that we cannot resolve informally will be resolved exclusively by final and binding arbitration under the Federal Arbitration Act, before a single neutral arbitrator administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Portland, Oregon. The arbitrator decides all questions, including the scope and enforceability of this provision, and judgment on the award may be entered in any court with jurisdiction. The prevailing party is entitled to its costs and reasonable attorney fees. This provision survives termination of these terms. Two carve-outs: either party may bring a qualifying claim in small claims court instead, and we may seek injunctive relief in court for violations of the intellectual-property or site-use sections.
Class action waiver
YOU AND WE EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE PROCEEDING RELATING TO THESE TERMS OR THE SITE. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS.
Governing law
These terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules. Subject to the arbitration section above, any court proceeding will be brought exclusively in the state or federal courts sitting in Multnomah County, Oregon, and you consent to that jurisdiction.
Severability, waiver, and entire agreement
If any part of these terms is found invalid or unenforceable, that part is reformed or severed to the minimum extent required and the rest remains in effect. Our not enforcing a provision on one occasion is not a waiver of it on any other occasion. These terms, together with the policies they reference (shipping, privacy, and the full disclaimer and strain disclaimer), are the entire agreement between you and us about the site and replace any prior understandings on that subject.
Contact
Questions about these terms? Email herbstompteam@gmail.com.