Effective as of September 1, 2015
By downloading, accessing or using the Restoration Seeds Electronic Platforms, you also represent that you are at least 18 years old or you are at least the minimum legal age to enter into an enforceable contract in the jurisdiction in which you are using the Restoration Seeds Electronic Platforms. In addition, when you use any future version of the Restoration Seeds Electronic Platforms or any changes made a part of any current version, you acknowledge and agree that you also will remain subject to this Agreement (as amended). Please print a current copy of this Agreement for your records.
Please also note that Restoration Seeds reserves the right to change the terms and conditions of this Agreement by posting a revised Agreement or mailing and/or e-mailing notice thereof to you. Your continued use of the Restoration Seeds Electronic Platforms following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this Agreement. Accordingly, please review the Agreement found at this location on a periodic basis.
Restoration Seeds does sell seeds, etc. (“products”) for children, but it does not allow children to directly purchase products, themselves, from the Restoration Seeds Electronic Platforms. Restoration Seeds only sells products to adults, ages 18 years and older. All service and product orders are subject to Restoration Seeds acceptance. Accordingly, Restoration Seeds reserves the right to refuse service regarding the Restoration Seeds Electronic Platforms, terminate accounts, remove or edit content or cancel orders in its sole discretion, including, without limitation, if Restoration Seeds believes that user conduct violates applicable law or is harmful to the interests of Restoration Seeds or its affiliates.
Restoration Seeds and all other names, logos and icons identifying Restoration Seeds and its programs, products and services, including any logos, page headers, icons, designs or trade dress and whether not appearing in large print or with an accompanying symbol, are proprietary trademarks or copyright of Restoration Seeds and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of Restoration Seeds is strictly prohibited and nothing stated or implied on the Restoration Seeds Electronic Platforms confers on you any license or right under any trademark of Restoration Seeds or any third party.
Plants indicated as “Protected” on the Restoration Seeds Electronic Platforms or packaging are protected from propagation for resale of seed.
The Restoration Seeds Electronic Platforms are Copyright © 2000 - 2016 Restoration Seeds, Inc. and/or its licensors. All rights reserved.
All text, images, photographs, graphics, user interface and other content provided on the Restoration Seeds Electronic Platforms, the “look and feel” of such content and the selection, coordination and arrangement of such content, are owned by Restoration Seeds or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Restoration Seeds also holds rights in the contents on the Restoration Seeds Electronic Platforms as a compilation or collective work. Any downloadable or printable programs, information or materials available through the Restoration Seeds Electronic Platforms and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Restoration Seeds and/or its licensors or suppliers.
Nothing stated or implied on the Restoration Seeds Electronic Platforms confers on you any further license or right under any copyright of Restoration Seeds or any third party. The Restoration Seeds Electronic Platforms and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit or circulate to anyone the contents of the Restoration Seeds Electronic Platforms or use the contents of the Restoration Seeds Electronic Platforms in litigation or for any commercial or promotional purposes, without the express written consent of Restoration Seeds or its lawful successors and assigns. For usage permission beyond what is set forth herein, please contact us.
Notice of Copyright Infringement
Restoration Seeds respects the intellectual property of others. When we become aware of allegations of copyright, protection or patent (“copyright”) infringement in material distributed through the Restoration Seeds Electronic Platforms, we will investigate the allegations and take appropriate action. This responsive action can include, without limitation and particularly in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.
You acknowledge that you may be liable for damages, including attorneys' fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If Restoration Seeds terminates or suspends a user’s access to or use of the Restoration Seeds Electronic Platforms, Restoration Seeds will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is Restoration Seeds's policy to document all notices of alleged infringement upon which Restoration Seeds decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public, including as a part of legal proceedings.
If you believe that your work has been copied and is accessible on the Restoration Seeds Electronic Platforms in a way that constitutes copyright infringement, protected or painted seeds, please provide Restoration Seeds’s with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on the Restoration Seeds Electronic Platforms that is requested to be removed;
- Your name, address and daytime telephone number and an e-mail address if available, so that Restoration Seeds may contact you, if necessary;
- A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed and
- An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Restoration Seeds’s Copyright Agent for notice of claims of copyright infringement on the Restoration Seeds Electronic Platforms is Restoration Seeds’s General Counsel, who can be reached as follows:
Restoration Seeds, Inc. Attn.: General Counsel 1133 Old Highway 99 S Ashland, OR 97520, United States.
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act and Plant Variety Protection Act, may be sent to Restoration Seeds. All counter notifications must include responsive information to what is set forth above, including any required statements or signatures.
License and Access to Restoration Seeds Electronic Platforms
Restoration Seeds grants you a limited license to access and make personal use of the Restoration Seeds Electronic Platforms and not to download (other than browser-required page caching) or modify the Restoration Seeds Electronic Platforms or any portion of them, except with express written consent of Restoration Seeds. Accordingly, you expressly acknowledge and agree that Restoration Seeds transfers no ownership or intellectual property interest or title in and to the Restoration Seeds Electronic Platforms (or any part thereof) to you or anyone else. You may print and download materials and information from the Restoration Seeds Electronic Platforms solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. But, this license does not include any resale or commercial use of the Restoration Seeds Electronic Platforms or their contents; any collection and use of any product listings, descriptions or prices; any derivative use of the Restoration Seeds Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
The content layout, formatting and features of and access privileges for the Restoration Seeds Electronic Platforms shall be as specified by Restoration Seeds in its sole discretion. You also acknowledge and agree to the following: (i) Restoration Seeds has the right to control and direct the means, manner and method by which the Restoration Seeds Electronic Platforms are provided; (ii) Restoration Seeds may, from time-to-time engage independent contractors, consultants or subcontractors to aid Restoration Seeds in providing the Restoration Seeds Electronic Platforms or use thereof; and (iii) Restoration Seeds has the right to provide the Restoration Seeds Electronic Platforms to others.
Notwithstanding the license grant herein, neither the Restoration Seeds Electronic Platforms nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Restoration Seeds. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Restoration Seeds and our affiliates without express written consent. In addition, you may not use metatags or any other hidden text using Restoration Seeds’s name or trademarks without the express written consent of Restoration Seeds. Any unauthorized use terminates the permission or license granted by Restoration Seeds.
You are granted a limited, revocable and nonexclusive right to create a hyperlink (utilizing only the plain characters for Restoration Seeds’s domain address) to any page of Restoration Seeds so long as the link does not portray Restoration Seeds or its products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Restoration Seeds logo or other proprietary graphic or trademark as part of the link without express written permission.
Restoration Seeds packaging is printed in English regardless of the language of the website your purchase our products from. Units of measure may be in Imperial weight and lengths. Restoration Seeds is not responsible for any damages caused by errors in language or unit of measure translation.
Other Terms and Conditions
Additional notices, terms and conditions may apply to the purchase, return or delivery of products. You agree to abide by such other notices, terms and conditions, as applicable. If there is a conflict between this Agreement and other notices, terms and conditions posted to the Restoration Seeds Electronic Platforms, Restoration Seeds shall resolve any conflict in good faith in its sole discretion, but the latter terms shall generally control with respect to your use or purchase of that product.
Links to Third Party Web Sites
The Restoration Seeds Electronic Platforms may contain hyperlinks (“links”) to Web sites operated by persons or entities other than Restoration Seeds (“third-party Web Sites”). We provide such links for your reference and convenience only. A link from Restoration Seeds to a third-party Web site does not imply or mean that we endorse the content on that third-party Web site or the operator or operations of that Web site. You are solely responsible for determining the extent to which you use any content at any third-party Web Sites to which you might link from the Restoration Seeds Electronic Platforms. Restoration Seeds IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE or ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
Feedback and Submissions
Restoration Seeds welcomes your feedback and suggestions about Restoration Seeds's programs or services or with respect to how to improve the Restoration Seeds Electronic Platforms. By transmitting any such suggestions, information, material or other content (collectively, “feedback”) to Restoration Seeds, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights or trademark rights) and that you have all rights necessary to convey to Restoration Seeds and enable Restoration Seeds to use such feedback. In addition, any feedback received through the Restoration Seeds Electronic Platforms will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Restoration Seeds to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works and display (in whole or in part) worldwide or act on such feedback without additional approval or consideration, in any form, media or technology now known or later developed for the full term of any rights that may exist in such content and you hereby waive any claim to the contrary.
The Restoration Seeds Electronic Platforms may offer certain tools, handheld offerings or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. Nevertheless, all use of the Restoration Seeds Electronic Platforms shall be in accordance with this Agreement.
The Restoration Seeds Electronic Platforms may contain blogs, message boards, comment areas, questionnaires, review areas and other interactive features and functionality where users can share and post information. To the extent that the Restoration Seeds Electronic Platforms contain such communication forums (collectively, “Forums”), you agree that by using the Restoration Seeds Electronic Platforms you will not upload, post, display or transmit any of the following materials on the Restoration Seeds Electronic Platforms’ Forums:
- Anything that interferes with or disrupts the Restoration Seeds Electronic Platforms or the operation thereof,
- Statements or material that defames, harasses, abuses, stalks, threatens, intimidates or in any way violates the rights of others,
- Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets or privacy of others,
- Statements or material that violates other contractual or fiduciary rights, duties or agreements,
- Statements or material that is bigoted, hateful or racially offensive,
- Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- Statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
- Statements or material that contains vulgar, obscene, profane or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- Statements or material that harms minors,
- Statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Restoration Seeds,
- Statements or material that misrepresents your affiliation with any entity and/or Restoration Seeds,
- Anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
- Chain letters or pyramid schemes,
- Statements or materials that are deceptive or misleading,
- Statements or material that constitute junk mail, spam or unauthorized advertising or promotional materials,
- Statements or material that are “off-topic” for a designated Forum and
- Files that contain malicious code, viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer, network or the Restoration Seeds Electronic Platforms.
Forums are the resources and property of Restoration Seeds and/or its licensors and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or other portion of the Restoration Seeds Electronic Platforms or by otherwise using the Restoration Seeds Electronic Platforms to transmit or display a Posting, you automatically grant Restoration Seeds a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Restoration Seeds and a Forum and you also acknowledge that such Postings are non-confidential for all purposes and that Restoration Seeds has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content and materials to appear on the Restoration Seeds Electronic Platforms Restoration Seeds has not become and is not a publisher of such information, content and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Restoration Seeds assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display or transmit any confidential or sensitive information.
Restoration Seeds is not responsible for screening, policing, editing or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover and except as provided below with respect to Restoration Seeds's right and ability to delete or remove a Posting (or any part thereof), Restoration Seeds does not endorse, oppose or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness or reliability of any advice, opinion, statement or other material displayed, uploaded or distributed by you or any other user. Nevertheless, Restoration Seeds reserves the right to monitor, delete or take other action with respect to Postings (or parts thereof) that Restoration Seeds believes in good faith violate this Agreement and/or are or are potentially, unlawful or harmful to Restoration Seeds or its affiliates, volunteers, services or goodwill. If you violate this Agreement, Restoration Seeds may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning and/or terminate your use of the Restoration Seeds Electronic Platforms.
You agree to comply with all applicable law in connection with your use of the Restoration Seeds Electronic Platforms and such further limitations as may be set forth in any written or on-screen notice from Restoration Seeds (provided in connection with your use of the Restoration Seeds Electronic Platforms). As a further condition of your use of the Restoration Seeds Electronic Platforms, you warrant that you will not use the Restoration Seeds Electronic Platforms for any purpose that is unlawful or prohibited by this Agreement. You access the Restoration Seeds Electronic Platforms on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Restoration Seeds Electronic Platforms. All information that you provide in response to a request or in connection with a purchase or transaction or other monetary transaction interaction with the Restoration Seeds Electronic Platforms will be accurate, complete and current. You will pay all charges incurred by users of your credit card, debit card or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Restoration Seeds at the prices in effect when such charges are incurred. You will pay any applicable taxes and duties, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Registration as a user for access to certain areas of the Restoration Seeds Electronic Platforms or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Restoration Seeds. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Restoration Seeds Electronic Platforms and to your account. Accordingly, by using the Restoration Seeds Electronic Platforms, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Restoration Seeds if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Restoration Seeds will not be liable for any loss or damage arising from your failure to comply with these obligations. Restoration Seeds reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this Agreement.
By using the Restoration Seeds Electronic Platforms, you agree not to violate or attempt to violate the security of the Restoration Seeds Electronic Platforms, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Restoration Seeds Electronic Platforms;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
- Forging any TCP/IP packet header or any part of the header information in any e-mail or Posting.
Actual or attempted unauthorized use of the Restoration Seeds Electronic Platforms may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Restoration Seeds reserves the right to view, monitor and record activity on the Restoration Seeds Electronic Platforms without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Restoration Seeds Electronic Platforms. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Restoration Seeds Electronic Platforms as well as to disclosures required by or under applicable law or related government agency actions. Restoration Seeds will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, Restoration Seeds reserves the right to, at any time and without notice, modify, suspend, terminate or interrupt operation of or access to the Restoration Seeds Electronic Platforms or any portion of the Restoration Seeds Electronic Platforms in order to protect the Restoration Seeds Electronic Platforms, Restoration Seeds or Restoration Seeds's business or goodwill.
Risk of Loss
All products purchased from the Restoration Seeds Electronic Platforms are transported and delivered to you by an independent carrier not affiliated with or controlled by, Restoration Seeds. Title to products purchased on the Restoration Seeds Electronic Platforms, as well as the risk of loss for such products, passes to you when Restoration Seeds delivers these items to the carrier.
You also acknowledge and agree that use of the Internet and access to the Restoration Seeds Electronic Platforms is solely at your own risk. While Restoration Seeds has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Restoration Seeds Electronic Platforms over the Internet or other form of global communication network is outside Restoration Seeds’s control and cannot be guaranteed. Accordingly, Restoration Seeds is not responsible for the security of any information transmitted to or from the Restoration Seeds Electronic Platforms.
The customer takes the responsibility entering a valid USPS or international postal shipping address. If the customer enters an invalid shipping address you assume risk of delay or non-delivery. USPS does not validate international shipping addresses. An shipment confirmation notice with USPS tracking number will be emailed to the email address entered. For more information see our Shipping page.
Restoration Seeds attempts to be as accurate as possible in describing its products. However, Restoration Seeds does not warrant or guarantee that product descriptions or other content of the Restoration Seeds Electronic Platforms are accurate, complete, reliable, current or error-free. Most Restoration Seeds products displayed on the Restoration Seeds Electronic Platforms are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale via the Restoration Seeds Electronic Platforms may not be available in retail stores. Unless otherwise stated, the prices displayed at the Restoration Seeds Electronic Platforms are quoted in U.S. Dollars.
The seed calculator suggested seed quantities, weight to sow, number to transplant, etc. are only an approximation. The actual results to sow or plant will vary based on weather, soil, moisture, germination percentage, sowing or transplant error, die off and other natural and man-made hazards.
The Restoration Seeds Product Guarantee
Restoration Seeds offers a guarantee on every product it makes and sells to you. Following a sale or gift event, if you are not satisfied with one of Restoration Seeds’s products at the time you receive it or if one of Restoration Seeds’s products does not perform to your satisfaction, you may return the product, replacement or refund in accordance with Restoration Seeds’s guarantee (warranty) policy.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THE RESTORATION SEEDS ELECTRONIC PLATFORMS ARE PROVIDED BY RESTORATION SEEDS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESTORATION SEEDS MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE RESTORATION SEEDS ELECTRONIC PLATFORMS OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE RESTORATION SEEDS ELECTRONIC PLATFORMS, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE RESTORATION SEEDS ELECTRONIC PLATFORMS WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT or DELAY IN OPERATION or FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE RESTORATION SEEDS ELECTRONIC PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE RESTORATION SEEDS ELECTRONIC PLATFORMS WILL BE CORRECTED; OR THAT THE CONTENT ON THE RESTORATION SEEDS ELECTRONIC PLATFORMS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE RESTORATION SEEDS ELECTRONIC PLATFORMS IS SUBJECT TO CHANGE WITHOUT NOTICE AND RESTORATION SEEDS DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE RESTORATION SEEDS ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESTORATION SEEDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL RESTORATION SEEDS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE RESTORATION SEEDS ELECTRONIC PLATFORMS, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE RESTORATION SEEDS ELECTRONIC PLATFORMS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE OR INABILITY TO USE THE RESTORATION SEEDS ELECTRONIC PLATFORMS OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO RESTORATION SEEDS THROUGH THE RESTORATION SEEDS ELECTRONIC PLATFORMS; IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR WITH RESPECT TO ANY CLAIM OR DAMAGE ARISING FROM A CAUSE BEYOND RESTORATION SEEDS’S CONTROL WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF RESTORATION SEEDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, Restoration Seeds’s rights and obligations and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Oregon. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Further, you also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.
Any dispute relating in any way to your visit to Restoration Seeds or to products you purchase through Restoration Seeds shall be submitted to confidential arbitration in Ashland, Oregon, United States of America, except that, to the extent you have in any manner violated or threatened to violate Restoration Seeds’s intellectual property rights, Restoration Seeds may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon, United States of America and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of Oregon Rules of Civil Procedure Rules 36 and 46 with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Restoration Seeds proprietary assets, will cause irreparable injury to Restoration Seeds, such injury would not be quantifiable in monetary damages and Restoration Seeds would not have an adequate remedy at law. You therefore agree that Restoration Seeds shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Restoration Seeds post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Restoration Seeds to enforce any provision of this Agreement.
You agree to defend, indemnify and hold harmless Restoration Seeds and its affiliates, successors and assigns and its directors, officers, owners, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending) orders, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees and other legal expenses and judgments of any kind or nature, incurred by Restoration Seeds arising out of or relating to your use of the Restoration Seeds Electronic Platforms and your violation of this Agreement or relating to any payment dispute with a third-party provider arising from a purchase or incurrence of fees made by you.
Term and Termination
This Agreement will take effect at the moment you click “ACCEPT”, “CREATE”, “SIGN IN”, “SIGN UP”, “CHECKOUT”, register, respond to a request for information and/or begin downloading, accessing or using the Restoration Seeds Electronic Platforms, purchasing, reading, whichever is earliest. Restoration Seeds reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Restoration Seeds Electronic Platforms or to any portion thereof in order to protect its name and goodwill, its business and/or other users and this Agreement will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this Agreement at any time by ceasing to use the Restoration Seeds Electronic Platforms, but all applicable provisions of this Agreement will survive termination, as identified below and each re-access or use of the Restoration Seeds Electronic Platforms will reapply this Agreement (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Restoration Seeds Electronic Platforms in your possession. The provisions concerning Restoration Seeds's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, miscellaneous legal terms and governing law will survive the termination of this Agreement for any reason.
Miscellaneous Legal Provisions
We may discontinue the Restoration Seeds Electronic Platforms at any time and for any reason, without notice. We may change the contents, operation or any and all other features of the Restoration Seeds Electronic Platforms at any time for any reason, without notice. We may discontinue or restrict your use of the Restoration Seeds Electronic Platforms at any time for any reason, without notice.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Restoration Seeds as a result of this Agreement or your use of the Restoration Seeds Electronic Platforms. Nothing contained in this Agreement is in derogation of Restoration Seeds’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Restoration Seeds Electronic Platforms or information provided to or gathered by Restoration Seeds with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The failure of Restoration Seeds to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding the Restoration Seeds Electronic Platforms and their content and supersedes any prior or contemporaneous communications between Restoration Seeds and you regarding the Restoration Seeds Electronic Platforms and their contents.
All rights not expressly granted herein are hereby reserved.
Considerations for Non-U.S. Customers
Restoration Seeds’s headquarters are located in the United States and the Restoration Seeds Services are based in the United States. Please be aware that information you provide to Restoration Seeds or that Restoration Seeds obtains as a result of your use of the Restoration Seeds Services, may be processed and transferred to the United States and be subject to United States law. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence. By using the Restoration Seeds Services or by providing Restoration Seeds with your information, you consent to this collection, transfer, storage and processing of information to and in the United States.
Restoration Seeds takes no responsibility or liability for any adverse health effects from the use of plants or seeds directly or indirectly. Always seek advice from your doctor before using any portion of a plant or seed medicinally.
The Safe Seed Pledge
Agriculture and seeds provide the basis upon which our lives depend. We must protect this foundation as a safe and genetically stable source for future generations. For the benefit of all farmers, gardeners and consumers who want an alternative.
We pledge that we do not knowingly buy, sell or trade genetically engineered seeds or plants.
The mechanical transfer of genetic material outside of natural reproductive methods and between genera, families or kingdoms, poses great biological risks as well as economic, political, and cultural threats. We feel that genetically engineered varieties have been insufficiently tested prior to public release. More research and testing is necessary to further assess the potential risks of genetically engineered seeds. Further, we wish to support agricultural progress that leads to healthier soils, genetically diverse agricultural ecosystems and ultimately healthy people and communities.
Open Source Seed Initiative Partner
1. Allow the Partner seed company/vendor to use its trademarks and logos in association with the relevant information about OSSI and OSSI-Pledged varieties or populations or plant materials.
2. Include the Partner seed company/vendor on the OSSI website with its logo, a list of the OSSI Pledged varieties or populations or germplasm offered, and a link to the seed company’s/vendor’s website.
3. Include Partner seed company/vendor as a source for each of the OSSI-Pledged varieties or populations or plant materials it carries on the OSSI website.