Terms and Conditions

Seed Website and Product or Service Purchase
Terms and Conditions

Introduction

The following terms and conditions (“Terms”) govern your use of, access to, and purchase of products or services from our online and mobile websites, platforms, and applications owned and operated by Seed Health, Inc. (“Seed,” “we,” “us,” or “our”), including without limitation, www.seed.com (collectively, our “Website”). By using our Website, you agree to comply with and be bound by all of the Terms contained below, along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

We reserve the right to change these Terms from time to time without notice. The date of the latest version of these Terms is indicated at the end of these Terms. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. Your continued use of our Website after such modifications will constitute acknowledgment and agreement of the modified terms and conditions. If you do not wish to be bound by these Terms, do not access our Website and do not purchase our products or services.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE

Responsible Use and Conduct

By visiting our Website and accessing and using the information, resources, services, and tools we provide for you, and purchasing our products or services, either directly or indirectly (our “Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You further understand that:

  1. In order to access our Resources, you may be required to provide certain personal information about yourself (such as identification, contact details, etc.) as part of a registration process, as part of your ability to use the Resources, or your ability to buy our products or services. You agree that any information you provide will always be accurate, correct, and up to date.
  2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
  3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  4. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  5. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
  6. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  7. We do not assume any liability for any content posted by you or any other 3rd party users of our Website. However, any content posted by you using any open communication tools on our Website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Seed, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of any registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
  8. We may provide various open communication tools on our Website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. (“Your Submissions”). You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising; or
    4. Impersonates any person or entity, including any Seed employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

When you provide Your Submissions on our Website, you grant to Seed a non-exclusive, royalty-free, fully paid, perpetual, worldwide, irrevocable and fully sub-licensable and transferable (in whole or in part) license under all copyrights, trademarks, privacy and publicity rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you.

Not Healthcare Advice

Our Website is not intended to provide medical advice, diagnosis or treatment. The Resources, including our products and services, provided on and through our Website, including information that may be provided on our Website directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.

You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product; before starting any diet or exercise program; or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and our products.

Seed employees, consultants and agents may publicly describe their experiences with specific Seed products. Any comments made by such employees, consultants and agents that are not endorsed specifically by Seed are strictly their own personal views made in their personally capacity. These comments are not claims made by Seed nor do they represent the view or position of Seed.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, use, share, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our Website, you understand and agree that all Resources we provide are “as is” and “as available.” Seed makes no representations, guarantees, or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of our Resources available on this website for any purpose, and expressly disclaims (to the fullest extent of the law) all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.

This means that we do not represent or warrant to you that the:

  1. Use of our Resources will meet your needs or requirements.
  2. Use of our Resources will be uninterrupted, timely, secure or free from errors.
  3. Information obtained by using our Resources will be accurate or reliable, and
  4. Defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  • Any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • No information or advice, whether expressed, implied, oral or written, obtained by you from Seed or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

Limitation of Liability

To the full extent allowed by applicable law and in conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the lesser of $100 or the amount you paid, if any, for the use or purchase of our products and/or services. Seed will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using or purchasing our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, whether foreseeable or not, and even if Seed had been advised of the possibility of such damages. .

Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of our Website and to seek a refund of the money you paid to us, capped in accordance with the prior paragraph.

Indemnification

You agree to indemnify and hold harmless Seed and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account; or (ii) your use of our Resources, including our products or services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us. You may not settle any claim covered by this indemnification provision or admit any liability on the part of Seed without the company’s prior written approval.

Copyrights/Trademarks

All content and materials available on our Website, including but not limited to text, graphics, site name, code, images and logos are the intellectual property of Seed, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on our Website is strictly prohibited, unless specifically authorized by Seed.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Governing Law

Our Website is controlled by Seed from our offices located in the State of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our Website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of our Website and the purchase of any products or services through it.

Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in Los Angeles, California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, SEED EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Entire Agreement; Severability; No Waiver

These Terms, together with our Privacy Policy and any policies that we post on our Website, constitute the entire agreement between you and Seed with respect to the subject matter of these Terms and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Seed with respect to such subject matter. If any provision of these Terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of you and Seed.

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

Products for Personal Use.

The products available on our Website, and any samples we may provide to you, are for personal use only. You may not sell or resell any of the products or samples you purchase or otherwise receive from us. By purchasing any product through us, you agree not offer the products or samples for resale. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.

Shipping and Handling; International Orders

Title to Products will be shipped FOB our plant and all risk of loss shall pass to you immediately upon our delivery of the Products to a common carrier. You are solely responsible for providing us with accurate shipping information and a valid phone number or email address. In the event that any Product is returned to us as a result of your failure to provide us with accurate shipping information, you shall be responsible for any additional shipping fees or other charges that may be applied to the return of the Product to us or in re-sending the Product to you.

Please note that refunds will not be issued for any order that is refused or abandoned by the intended recipient, orders that cannot be delivered due to an address error, or orders seized by Customs.

Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

International shipment rates vary based on total package weight and final destination. Pricing on our Website does not include duties, insurance costs, tariffs, or value-added taxes (VAT), sales taxes or other international costs/taxes. Free shipping promotions do not apply to international orders.

If you place an order for shipment to an international address, you will be responsible for paying any VAT and other taxes, tariffs, import or export duties, and other similar taxes, duties or fees attributable to such orders. These taxes, duties and fees, if assessed, are the sole responsibility of the package recipient, who will be billed for them by the local Customs office. We suggest you check with your local Customs office for any documents you may need before placing your order.

Pricing or Typographical Errors

We work hard to provide accurate Product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Seed shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

Cancellation Policy

Automatic Renewal Terms. If you are placing an order online or by telephone as part of our automatic renewal program, your membership in the program will remain in effect until it is cancelled. We may, in our sole discretion, terminate your membership in the program at any time without notice to you.

IF YOU ARE A MEMBER OF OUR AUTOMATIC RENEWAL PROGRAM AND YOU HAVE PROVIDED US WITH A VALID CREDIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH SHIPMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF EACH SUCCESSIVE SHIPMENT AND/OR INSTALLMENT AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR INITIAL PURCHASE AND ENROLLMENT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN OUR AUTOMATIC RENEWAL PROGRAM, YOU MAY DO SO BY CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON OUR SITE.

You are obligated to provide current, complete, and accurate information for your billing account. You are responsible for promptly updating all information to keep your billing account current, complete, and accurate (e.g., change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is cancelled or is no longer valid (e.g., loss or theft). Changes to such information can be made by calling a customer service representative at the telephone numbers listed on our site under Customer Service or by calling 888-830-4733. If you fail to timely update your credit card information, your membership in our automatic renewal program may be terminated and your account may be sent for collection.

Return Policy

We accept refund requests within 30 days of your first order (return shipping charges will not be reimbursed). If you are uncertain about your right to return the product, you may also call Customer Service at 888-830-4733 for assistance. Seed will refund your payment when your product is timely cancelled. If you return a product to us and we receive it after this 30-day refund period has passed, it will not be eligible for a refund and we will not exchange or return the product back to you.

Billing Terms

By purchasing a monthly subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by Seed after the expiration date of your payment card.

Your subscription will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate until you cancel your monthly subscription renewal.

How to Contact Us

If you have any questions or comments about these Terms as outlined above, you can contact us
via:

You may also contact us at:
Seed Health, Inc.
615 Hampton Drive
Venice, CA 90291
United States of America

These Terms and Conditions were last modified on May 8, 2018