This website – http://www.NaturesFinestSeed.com (the "Website") is the property of Granite Seed Company (“GS”). The Website being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Website. The terms "NaturesFinestSeed.com", "Nature's Seed", "we", "us", and "our" refer to the Website and to Granite Seed Company, as well as its affiliates and subsidiaries.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
1. ABOUT US. This Website is operated by Granite Seed Company. We are a company incorporated in Utah and our principal place of business is located at 1697 West 2100 North, Lehi, Utah 84043, USA.
3. COPYRIGHT. You acknowledge that the Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
We rely on independent agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, "Associates") who supply some of the goods advertised on the Website and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Website, or items advertised on the Website, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the GS Website, or items advertised on the GS Website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Website. In order for us to investigate your claim of infringement, you must provide us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Website; Your name, address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
c/o Granite Seed Company
1697 West 2100 North
Lehi, Utah 84043
4. TRADEMARKS. Nature's Seed and other marks which may or may not be designated on the Website by a "™" "®" "SM" or other similar designation, are registered, pending or unregistered trademarks or service marks of Granite Seed in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Granite Seed. Granite Seed’s trademarks and trade dress may not be used in connection with any product or service that is not Granite Seed’s or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Granite Seed. All other trademarks not owned by us that appear on the Website is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Granite Seed.
5. SITE ACCESS. You may not download (other than page caching) or modify the Website or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Website or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Website or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Granite Seed Company or our subsidiaries or affiliates without our express, prior written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written consent.
6. LINKS. We are not responsible for the content of any sites that may be linked to or from the GS Website or any bulletin board associated with us or the Website. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Website are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
7. ONLINE CONDUCT. You agree to use the Website only for lawful purposes. You are prohibited from posting on or transmitting through the GS Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Website. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Website. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the GS Website; or (iii) to protect the rights or property of Granite Seed, our users and customers and/or you.
A. We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Website, GS Website users, our customers or any rights of Granite Seed any third party
B. You will not use the Website in any way that is unlawful, or harms Granite Seed, its resellers, distributors, service providers and/or suppliers (or any customer of a Granite Seed, as determined in Granite Seed's sole discretion). Granite Seed may tell you about certain specific harmful uses in a code of conduct or other notices available through a GS Website, but has no obligation to do so. You may not use the Website in any way that breaches any code of conduct, policy or other notice applicable to the Website. Without limiting the generality of this section, you may not use the Website in any manner that could damage, disable, overburden, or impair any GS Website (or the network(s) connected to any GS Website) or interfere with any other party's use and enjoyment of the Website.
C. You will not use the Website to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Granite Seed may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Website includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Website.
8. YOUR CONSENT FOR NOTICES WE SEND YOU. You agree that we have the right to send you certain information in connection with the Website. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the GS Website or with any subdivisions of the Website. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Website. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the GS Website, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Website.
9. RISK OF LOSS. All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
10. HOW GRANITE SEED MAY MODIFY THIS AGREEMENT. Granite Seed reserves the right to change the terms, conditions, and notices under which it offers the Website, including any charges associated with the use of the Website. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Website. Your continued use of the Website after the effective date of such changes constitutes your acceptance of and agreement to such changes.
11. ADDITIONAL TERMS. Any Website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that GS Website, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a GS Website, then the terms in this Agreement shall control.
12. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING. For materials you post or otherwise provide to Granite Seed related to the Website (a "Submission"), you grant Granite Seed permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Website, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Granite Seed will not pay you for your Submission. Granite Seed may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Granite Seed may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Granite Seed or any customer of a Granite Seed.
13. INFORMATION AVAILABLE FROM THE WEBSITE . Granite Seed and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Website, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Website. Granite Seed and its suppliers do not authorize the use of information available from the Website including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
14. GRANITE SEED MAKES NO WARRANTY.
GRANITE SEED PROVIDES THE GS WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRANITE SEED MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. GRANITE SEED DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
15. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL GRANITE SEED BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE, EVEN IF GRANITE SEED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST GRANITE SEED WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
16. CHANGES TO THE WEBSITE; ADDITIONAL LIABILITY LIMITATION. GRANITE SEED MAY CHANGE THE WEBSITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Website, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Granite Seed and persons other than Granite Seed (any such person is referred to as a "Third Party").
WITHOUT LIMITING THE GENERALITY OF SECTIONS 18 AND 19, YOU ACKNOWLEDGE AND AGREE THAT THE GRANITE SEED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT GRANITE SEED IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE WEBSITE, (2) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE WEBSITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE WEBSITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
17. TERMINATION; ACCESS RESTRICTION. Granite Seed may terminate this Agreement, or terminate or suspend your access to the Website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Website will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE WEBSITE MAY NOT BE RETRIEVED LATER.
18. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. If this Agreement is with Granite Seed Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Utah, without reference to conflict of laws principles. If this Agreement is with a Granite Seed affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Granite Seed affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Website are directed. If this Agreement is with Granite Seed Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Salt Lake County, Utah, USA in all disputes arising out of or relating to the use of the Website. If this Agreement is with a Granite Seed affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Granite Seed affiliate in all disputes arising out of or relating to the use of the Website.
19. INTERPRETING THE AGREEMENT; ASSIGNMENT. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Granite Seed may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Granite Seed with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Granite Seed with respect to the Website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
20. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM. You and granite seed agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.