Terms and Conditions of Use of this Website

PLEASE READ THE FOLLOWING CAREFULLY.  If you are under the age of eighteen (18), please read with your parent or guardian. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS (“TERMS OF USE”), DO NOT USE THIS WEBSITE.

Use of Website. By using this website, you agree to be bound by these Terms of Use.  Hand + Seed LLC (“H+S”) reserves the right, at any time, to modify, amend, alter, or update these Terms of Use. You agree to be bound by such modifications, amendments, alterations, or updates. We encourage you to visit this page periodically to review our most current Terms of Use.

H+S authorizes you to view and download the materials at this website under the condition that all the information, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the website (collectively “Content”) may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of H+S.  For purposes of these Terms of Use, any use of this Content on any other website or networked computer environment for any purpose without H+S’ written consent is prohibited.

Disclaimer.  THE CONTENT AND SERVICES PROVIDED AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  BY USING THIS WEBSITE, YOU EXPRESSLY ACKNOWLEDGE THAT H+S DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION FOUND ON THE WEBSITE, AND H+S BEARS NO LIABILITY WITH RESPECT TO THE CONTENT.

H+S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE.

The information found within the H+S website, blogs, videos, or other media is not intended or implied to be a substitute for professional medical or nutritional advice, diagnosis or treatment. All content, including text, graphics, videos, images and information, found within the H+S website, blogs, videos, and other media is for general information purposes only. You are encouraged to confirm any information obtained from H+S with other sources, and review all information regarding any medical condition or treatment with your physician.  If you have or suspect you may have a health or nutritional problem, you should consult your health care provider.

H+S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT FOUND ON THIS SITE. WHILE H+S MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE TOPIC.  H+S UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE.  INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY OR AREA.

Limitation of Liability. IN NO EVENT WILL H+S BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTWITHSTANDING THE FOREGOING, H+S’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO H+S.

Copyrights, Trademarks and Service Marks. Unless otherwise noted, all Content and other materials on this site are protected as the copyrights, trade dress, trademarks, trade secrets and/or other intellectual property owned by H+S or by other parties that have licensed their material to H+S. The Content of this website is copyrighted and any unauthorized use of the Content of this website may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms of Use.

Additionally, H+S products are protected by various intellectual property laws, including trade secrets, copyright and trademark. Printing or reproducing copyright-protected materials or content, whether the reproductions are sold or furnished free for use, including reproduction of blogs, articles, or other content, is strictly prohibited by law and by these Terms of Use. Hand + Seed, H+S, and various logos, identifiers, and product names are all registered or unregistered trademarks, pending applications, and/or common law marks of H+S in the United States and foreign countries.

There may be a number of proprietary logos, service marks, trademarks, slogans and product designations found on this website.  By making them available on this website, H+S is not granting you a license to use them in any fashion.  Access to this website does not confer upon you any license under any of H+S’ or any third party’s intellectual property rights.  Use of H+S’ proprietary logos, service marks, trademarks, slogans and product designations found on this website by users is restricted as set forth in these Terms of Use. H+S’ trademarks may be used publicly only with permission from H+S.  Fair use of H+S’ trademarks in advertising and promotion of H+S products requires proper acknowledgment. No H+S trademark or service mark may be used as a hyperlink without H+S’ prior written permission.

Indemnification upon Breach of Terms of Use. To the extent permitted by law, you agree to hold harmless, indemnify and defend H+S from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by H+S directly or indirectly by reason of any act or omission that you commit in breach of these Terms of Use and the obligations and warranties contained in them.

Procedure for Making Claims of Copyright Infringement. H+S respects the intellectual property rights of others, and expects its contributors, authors, and users to do the same.  H+S will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (DMCA) (17 USC § 512).  Any notifications of claimed copyright infringement must be sent to H+S at the following e-mail address: copyright@handandseed.com. When notifying H+S of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to action behalf of the owner of the alleged copyright.

Requests for Permission to License H+S Intellectual Property. Requests to copy, translate, modify or adapt any H+S materials must be in writing and e-mailed to copyright@handandseed.com

Applicable Laws. H+S controls this website from its offices within the United States of America. Those who choose to access this site from other countries do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the website content in violation of U.S. export laws and regulations. You acknowledge that by accessing this website, you are voluntarily accessing content that is physically located on servers within the State of California.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, intellectual property infringement, tortuous conduct or otherwise) and any claim relating to the website or the content found on the website shall be governed by the internal substantive laws of the State of California.  By using this website, and therefore agreeing to these Terms of Use, you agree to be subject to personal jurisdiction in the Federal and State courts of the State of California.  In addition, you hereby accept and submit to the personal jurisdiction of these California courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive any right to pursue any action, suit or proceeding arising in connection with, or relating to, these Terms of Use in any jurisdiction other than the Federal and State courts of the State of California.

Termination. H+S, in its sole discretion, may terminate or restrict your use or access to this website (or any part thereof) for any reason, including, without limitation, if H+S believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

Privacy. H+S recognizes the need to protect the privacy of users of this website, and to provide additional privacy protection to children. H+S encourages parents to supervise their children’s online activities. As you interact with our website, we may collect certain types of Personal Information about you. We consider the following to be Personal Information: your name, street address, phone number, credit card information, and e-mail address. Personal Information is used by H+S to process any online purchases, to inform you about our products and services, to improve the products and services we offer, and otherwise to better meet the needs and preferences of site users. We do not share your Personal Information with any unaffiliated third parties.  We may share this information with our operational service providers, the specialists that provide internal support to H+S’ operations including maintenance, management, storage, disposal of Personal Information and/or fulfillment of services and your online purchases.

California Privacy Rights.  Residents of the State of California, under a provision of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed Personal Information during the preceding year for direct marketing purposes. H+S does not disclose Personal Information to third parties for direct marketing purposes.

Cookies.  To enhance your experience with our website, some of our web pages may use “cookies.” Cookies are small data files that are sent to your browser or related software from a web server and stored on your computer’s hard drive. Cookies track where you travel on our website and what you look at and purchase. All of these purposes serve to improve and personalize your experience on our website. Most web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the website or certain areas or features of the website.

IP Address.  Our server may automatically collect data about your server’s Internet address when you visit us. This information, known as an Internet Protocol address, or IP Address, is a number that’s automatically assigned to your computer by your Internet service provider whenever you’re on the Internet. When you request pages from our website, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the pages you visit on this website; the website you visit after this website; the ads you see and/or click on; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this website or a referral site; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our server, and to administer our website. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. We may also link this information with your Personal Information.

Links to Third Party Websites.  This website may provide links to third party websites or resources. Such links to third party websites on this site are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. H+S has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, H+S makes no representations whatsoever about any other website, which you may access through this website, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked from this site, you acknowledge and agree that H+S is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that H+S shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

Revisions. H+S may make changes to the materials and services at this website, or to the products and prices described (if any), at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. The materials and services at this website may be out of date, and H+S makes no commitment to update the materials and services at this website.

Additional Terms. Certain products or services offered by this website may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Waiver. H+S’ failure to enforce any part of these Terms of Use shall not constitute a waiver of any of H+S’ rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by H+S nor the reliance of any person on H+S’ actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of H+S will constitute a legal waiver.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms. By your use of this website or other interaction with H+S, you acknowledge you have read, understood, and agree to be bound by these Terms of Use. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Terms of Use last updated April 1, 2016