Terms and Conditions
The following Website Terms and Conditions Agreement (the "Agreement") is an agreement between you and Seed Sucker, Inc. (“Seed Sucker”) governing your use of the Website accessible at the universal resource locator www.seedsucker.org (the “Website”) and your purchase of any goods or services for sale by Seed Sucker on its Website (collectively referred to as the “Products”). Your use of the Website to purchase Products constitutes your acceptance of the Agreement. Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Website, which license and permission are freely revocable at any time, with or without cause, and with or without notice, by Seed Sucker, as described more fully below. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
1. Shipping
All items shipped to you from Seed Sucker are shipped pursuant to agreements with shipping and delivery agents. Risk of loss passes from Seed Sucker to such agents upon delivery of any item to such carrier.
2. Returns
Any exchange or return of merchandise must occur within thirty (30) days from the date of purchase. Only new, unused merchandise with the tag still attached may be exchanged or returned. Any shipping costs incurred in returning or exchanging merchandise will be the purchaser’s sole responsibility.
3. Copyright Rights
All copyright rights in the products, text, images, photographs, graphics, user interface, and other content provided on the Website, and the selection, coordination, and arrangement of such content, are, unless otherwise noted, owned by Seed Sucker, to the full extent provided under the United States Copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website confers on you any license or right under any copyright of Seed Sucker.
Systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Seed Sucker is prohibited.
4. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Seed Sucker products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Seed Sucker, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Website confers on you any license or right under any patent, copyright or trademark of Seed Sucker or any third party.
5. Modification of This Agreement
Seed Sucker reserves the right to amend this Agreement at any time. You are bound by any such revisions, and should therefore, periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Website after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If, at any time, you do not wish to accept this Agreement, you may not use the Website.
6. Links
This Website may contain links to other services ("Linked Services"). The Linked Services are not under the control of Seed Sucker, and Seed Sucker is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Seed Sucker provides any Linked Services to you only as a convenience, and the inclusion of any such Linked Services is not an endorsement by Seed Sucker in favor of any company offering Internet services, products or services on the Linked Services.
Other sites may link without prior permission to the home page of the Website only through a plain-text link. Permission must otherwise be granted by us for any other type of link to the Website. To seek our permission, you may write to Seed Sucker c/o General Counsel, P.O. Box 595335, Dallas, TX 75359. Additional Agreement by Linked Services: any third party website that links to the Website: (a) shall not create a frame, browser or border environment around any of the content of the Website; (b) may link to, but not replicate, Website content; (c) shall not imply that Seed Sucker is endorsing or sponsoring it or its products or services; (d) shall not present false information about Seed Sucker or its products or services; (e) shall not use Seed Sucker trademarks without the prior written permission from Seed Sucker; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.
Notwithstanding anything to the contrary contained in this Agreement, Seed Sucker reserves the right to deny or rescind permission to link to the Service from any website, and to require termination of any link to the Website, for any reason in our sole and absolute discretion.
7. Obligations
You are required to comply with all applicable law in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Seed Sucker. As a condition of your use of the Website, you represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
8. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Website that:
(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant Seed Sucker the rights and licenses set forth in Section 8 of this Agreement;
(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant Seed Sucker the rights and licenses set forth in Section 8 of this Agreement;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity or in violation of applicable law as determined by Seed Sucker in its sole discretion;
(e) is sexually-explicit;
(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) harvest, collect, or send information about others, including e-mail addresses, without their consent;
(b) take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;
(c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this site;
(d) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Website to harvest or otherwise collect information from the
Website to be used for any commercial purpose; or
(e) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
You further agree not to violate or attempt to violate the security of the Website, including, without limitation:
(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) 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 Website;
(d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
Seed Sucker may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Seed Sucker reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
9. Conduct
You are responsible for, and assume all liability associated with, any material you make available or transmit through the Website, whether through chat rooms, messages boards or other forums, including liability for claims of infringement, libel and slander. You may not post, transmit through or otherwise make available on or through the Service (i) any material that violates or infringes in any way upon the rights of others, that is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of Seed Sucker any advertising or any solicitation with respect to products or services (unless posted in an area specifically designated for that purpose).
10. License Granted
We do not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Website (expressly excluding your user data which is collected in accordance with the Service Privacy Policy) ("Your Content"). However, by submitting or posting Your Content, to or through the Website, you grant Seed Sucker a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your Content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of Your Content. Seed Sucker is free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using Your Content. Seed Sucker is under no obligation to maintain any of Your Content and may remove any of Your Content at any time in its sole discretion.
By posting or submitting Your Content to this Website, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by Seed Sucker will not infringe or violate the rights of any third party or violation applicable law.
11. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide the Seed Sucker General Counsel with the following information, at the address listed above:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Service that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that Seed Sucker may contact you if necessary;
(d) 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;
(e) 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
(f) 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.
12. Registration, Username, Password, Security
(a) Registration. Registration may be required for the use of certain portions of the Website. Your registration shall not impose any duty on us to provide any particular service to you.
(b) Your User Identity. Your username and password will be your identity for purposes of interacting with Seed Sucker through the Website.
(c) User Name, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username, and password for the Website. You shall immediately notify Seed Sucker if you learn of or suspect:
(i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Website. In the event of such loss, theft, or unauthorized use, Seed Sucker may impose on you, at Seed Sucker’s sole discretion, additional security obligations.
(d) Security Breaches and Revision. If any unauthorized person obtains access to the Website as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Seed Sucker. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
13. Privacy Policy
We are committed to protecting your privacy and will not disseminate your information to any third party without your express written consent.
14. Access to the Service
In order to access the Website, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
15. Disclaimer of Warranties
A.WEBSITE
THE WEBSITE IS PROVIDED "AS IS." SEED SUCKER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY OTHER WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE. SEED SUCKER DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEED SUCKER DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SEED SUCKER OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEBSITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
SEED SUCKER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO PRICES, DISCOUNTS, AND HOURS OF OPERATION.
B. PRODUCTS
ALL SEED SUCKER PRODUCTS ARE PROVIDED "AS IS." SEED SUCKER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO ITS PRODUCTS. SEED SUCKER DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEED SUCKER DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE PRODUCTS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
16. Limitation of Liability
IN NO EVENT WILL SEED SUCKER OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY OTHER WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER SITE LINKED TO THIS WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL SEED SUCKER OR ITS AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEBSITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF SEED SUCKER OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
SEED SUCKER RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS WEBSITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SEED SUCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SEED SUCKER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL SEED SUCKER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
17. Indemnification
Upon a request by Seed Sucker, you agree to indemnify and hold harmless Seed Sucker and its respective subsidiaries, affiliates, directors, officers, agents, licensors, co-branders or other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys’ fees and/or costs of court, made by any third party due to or arising out of (a) your use of the Product(s) and/or (b) content you submit, post to or transmit through this Website, your use of the Website, your violation of this Agreement or your violation of any rights of another.
18. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. In all disputes arising out of or relating to the use of this Website, you expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Northern District of Texas or the courts of the State of Texas located in Dallas County.
19. United States Jurisdiction
The Website is operated in the United States of America. We do not represent that content or materials presented on the Website are appropriate or available for use in other locations. If you access the Website from a jurisdiction other than the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Website.
20. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Seed Sucker, and governs your use of this Website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Seed Sucker. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This agreement may be modified only by our posting on the Website changes to this Agreement, or by a subsequent writing signed by Seed Sucker.
21. No Waiver
The failure of Seed Sucker 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.
22. No Professional Advice
Any information supplied by any employee or agent of Seed Sucker, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Website, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Seed Sucker makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Website, and Seed Sucker will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
23. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Seed Sucker as a result of this Agreement or your use of this Website. Nothing contained in this Agreement is in derogation of Seed Sucker’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Seed Sucker 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.
24. Termination
Seed Sucker reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of this Website, with or without notice and with or without cause. Termination of your access to this Website means the revocation of the limited and temporary license and permission to use the software and other resources of the Website granted to you under this Agreement by Seed Sucker. The provisions of this Agreement will survive the termination of your access to the Website and of this Agreement.
25. Notices
Seed Sucker may give notices to users of the Website, at Seed Sucker’s option, by posting a message on the Website, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof. Notices by users to Seed Sucker must be given by electronic or conventional mail. Notices to Seed Sucker by electronic mail must be sent to info@seedsucker.org. Notices to Seed Sucker by conventional mail must be sent to: General Counsel, Seed Sucker, Inc., P.O. Box 595335, Dallas, TX 75359. Notices by a user to Seed Sucker will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorized officer of Seed Sucker.
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