PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. THIS IS A LEGALLY ENFORCEABLE CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING WITH RESPECT TO HOW CLAIMS AND DISPUTES ARE RESOLVED.
Our Services are offered and available to users who are 13 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Row 7 and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Services.
The entire content included in our Services, including all associated trademarks, service marks and logos, graphics, logos, icons, images, and video and audio clips, are owned by or licensed to Row 7 Seed Company, LLC, and are subject to copyright and other intellectual property rights under the law. We reserve all rights not expressly granted to you under these Terms of Service.
You may use our Services, and any information contained in the Services, solely for your legitimate shopping or general information purposes (or as otherwise expressly authorized by us). You may display and, subject to any expressly stated restrictions or limitations, download or print portions of the material from the different areas of the Services solely for your own non-commercial use, or to place an order with us. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of our Services is strictly prohibited, without express written permission by us. You further agree not to change or delete any proprietary notices from materials downloaded from the Services.
Occasionally there may be information in or associated with the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges or availability. We reserve the right to correct, change or update information at any time without prior notice.
Row 7 and Honeypatch are trademarks of Row 7. All other trademarks mentioned on our Services are the property of their respective owners. The trademarks and logos displayed on our Services may not be used without the prior written consent of Row 7 or their respective owners.
All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made in connection with the Services is void where prohibited. We shall not be liable to you or to any third party for any modification, price change or discontinuance of the Services.
Our Services may contain links to third-party websites or applications. Such linked sites are only for your convenience, and we do not endorse any content, products or services available on such sites. We are not responsible or liable for any content, products or activities associated with any third-party website or application, including without limitation if such sites or products infringe any intellectual property or privacy rights; are inaccurate, incomplete or misleading; are not merchantable, safe or fit for particular purpose; do not provide adequate security; contain viruses or other harmful items; or are libelous or defamatory. Please review the third party's policies and practices and make sure you understand them before you engage in any transaction.
Any and all contributions made by users to or through our Services, including but not limited to comments, ideas, photographs, writings, video, questions, suggestions or other content (collectively, “User Content”) are subject to the following content standards.
We take no responsibility and assume no liability for any User Content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Service. You agree that your comments will not violate any right of any third party, including any copyright, trademark, privacy, publicity or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. If you post any content to a publicly available portion of the Services, you grant other users the right to use, modify, copy and distribute such content.
If you provide any submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you provide to us. We are not under any obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
You consent to receive communications from us electronically. We may communicate with you by email or by posting notices in the Services, and you agree that all commercially reasonable electronic communications that we provide to you satisfy any legal requirement that such communications be in writing. You may opt out of receiving such marketing communications at any time by unsubscribing via the link in your emails or by contacting us at firstname.lastname@example.org.
ACCESS TO OUR SERVICES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Services or its content: (a) for any unlawful, unethical or otherwise unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, harm, defame, disparage, or intimidate, or to discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any related website or application; (h) to collect or track the personal information of others; (i) to spam, phish, crawl, or scrape; or (j) to interfere with or circumvent the security features of the Services or any related website or application. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. You must immediately notify us if you discover any unauthorized access to or use of the Services.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services, including any associated content, products or services, are provided "as is" and without warranties of any kind, whether express or implied. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not warrant that your use of the Services will be uninterrupted, secure or error-free, and we do not guarantee any particular results that may be obtained from use of the Services.
Although we have attempted to provide accurate information on our Services, Row 7 assumes no responsibility for the accuracy or completeness of the information. We disclaim all liability and responsibility arising from any reliance placed on such information. Our Services may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LIMITATION OF LIABILITY
IN NO EVENT WILL ROW 7, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (COLLECTIVELY, “ROW 7 PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, LOSS OF INFORMATION OR DATA, OR COSTS OF REPLACEMENT GOODS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Because some states or jurisdictions do not allow certain disclaimers or limitations of liability, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless the Row 7 Parties from any claim, demand, liabilities, losses, damages, costs or expenses, including reasonable attorneys’ fees, due to or arising out of your breach of these Terms of Service, your use of our Services, your use of any information obtained from our Services, any activity related to your account, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Services, or by canceling your registration (as applicable) and ceasing to use the Services. Your access to and use of the Service may be terminated by us at any time, for any reason, without notice to you. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
Software and other materials downloaded or otherwise made available from the Service may be subject to United States Export Control. No software from the Service may be downloaded or exported to any country to which the United States has embargoed goods, or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. We do not authorize the downloading or exportation of any software or technical data from the Service to any jurisdiction prohibited by the United States Export Control laws.
We may assign these Terms of Service, or any of our rights or obligations hereunder, to any entity at any time and without notice to you. You may not assign these Terms of Service or any of your rights or obligations hereunder. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
GOVERNING LAW & JURISDICTION
These Terms of Service, and any associated transaction, shall be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of laws principles. Any cause of action or claim you may have against any Row 7 Party must be commenced within one (1) year after the claim or cause of action arises. You and Row 7 agree to the exclusive jurisdiction of the federal or state courts of New York to resolve any dispute, claim or controversy relating to these Terms of Service (or any associated transaction), except that Row 7 may seek injunctive or other equitable relief in any court of competent jurisdiction without posting any bond or other security. YOU AND ROW 7 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
CHANGES TO TERMS OF SERVICE
These Terms of Service were last updated on October 6, 2022.
If you have any questions about our Terms of Service, please contact us at email@example.com