Terms of Service
***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.
This website is operated by Row 7 Seed Company, LLC (“Row 7”, “we”, “us” or “our”). By visiting or using our site or related applications or services or by purchasing something from us on or in connection with our site (collectively, the “Service”), you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access our website or use any related applications or services.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Service.
The entire content included in the Service, including all associated trademarks, service marks and logos, 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 the Service, and any information contained in the Service, 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 Service 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 the Service 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 Service.
Occasionally there may be information in or associated with the Service 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. We also reserve the right to cancel any orders involving pricing errors. If your order is cancelled after your credit card has already been charged for the purchase, we will issue a refund in the amount of the incorrect price that was charged. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
Our products are sold online in limited quantities and availabilities. All descriptions of products and product pricing are subject to change at anytime 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 Service 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 Service.
We reserve the right to refuse any order you place with us and/or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, billing address and/or phone number provided at the time the order was made.
If you are not satisfied with your purchase, please review our policies regarding Returns & Exchanges and Orders & Shipping under our FAQ. Those policies are incorporated into these Terms of Service.
The Service 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.
We take no responsibility and assume no liability for any comments posted by users or any third party. 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 Service, 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.
ACCOUNT AND COMMUNICATIONS
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, so that we can complete your transactions and contact you as needed. You are responsible for any activity that occurs through your account, so be sure to maintain the confidentiality of your password (and any other login credentials).
You consent to receive communications from us electronically. We may communicate with you by email or by posting notices in the Service, and you agree that all commercially reasonable electronic communications that we provide to you satisfy any legal requirement that such communications be in writing.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Service 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 Service 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 Service or any related website or application. We reserve the right to terminate your use of the Service 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 Service.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service, 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 Service will be uninterrupted, secure or error-free, and we do not guarantee any particular results that may be obtained from use of the Service. We shall not be responsible or liable for any failure or delay related to any events or circumstances beyond our reasonable control.
LIMITATION OF LIABILITY
In no case shall Row 7 Seed Company, LLC, our directors, officers, employees, affiliates, agents, contractors, or licensors (collectively, “Row 7 Parties”) be liable under or in connection with the Service (including any associated content, products or services) or these Terms of Service for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including without limitation any lost profits, revenue, opportunity, savings or data, or any costs associated with alternative supply, whether based in contract, tort (including negligence), strict liability or otherwise, even if advised of their possibility.
The maximum aggregate liability of the Row 7 Parties under or in connection with the Service (including any associated content, products or services) or these Terms of Service shall not under any circumstances exceed the amount paid by you to us for the applicable product giving rise to the claim.
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 harmless 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 the Service, 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 Service, or by cancelling your registration (as applicable) and ceasing to use the Service. 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. PLEASE NOTE: 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
You can review the most current version of our Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes your acceptance of those changes.
If you have any questions about our Terms of Service, please contact us at email@example.com.
WHAT INFORMATION DO WE COLLECT?
We may collect information from you when you register, place an order, respond to email or other communications, or participate in another Service feature. When you purchase something from our store, as part of the buying and selling process, we collect the information that you give us, or that you authorize a third party to give us, such as your name, address and email address. We may also collect information from third party sources, and combine it with customer information, to better understand our users. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Please refer to the COOKIES section below for information about cookies and how we use them.
HOW DO WE USE YOUR INFORMATION?
The information we learn from customers helps us personalize and continually improve the Service. We may use the information we collect from you in the following ways:
- To personalize your experience and to allow us to deliver the type of content and product offerings in which you may be interested.
- To allow us to better serve you in responding to your customer service requests.
- To quickly process and deliver your orders.
- To communicate with you.
- To administer a promotion, survey or other Service-related feature.
- To improve the Service and our product offerings.
We may send you emails about our store, new products and other updates, but 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.
We generally do not sell, trade, or otherwise transfer customer information to outside parties unless we provide you with advance notice. However, we may disclose customer information as described below:
- Participating Businesses We Do Not Control: When a business is involved in your transactions, we may share customer information related to those transactions with that business.
- Agents and Contractors: We may contract with other companies and individuals to operate the Service and to perform functions on our behalf. Examples may include maintaining and hosting the Service, fulfilling orders, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. Our agents and contractors have access to customer information needed to perform their functions, but they may not use it or disclose it for other purposes.
- Business Transfers: In the event that we sell our company, or otherwise transfer any assets related to the Service, we may provide your information to the purchaser so that you may continue the relationship.
- Protection of Row 7 and Others: We may release customer information when we believe it is appropriate to comply with law; enforce or apply our Terms of Service; or protect the rights, property, or safety of us, our users or others.
However, non-personally identifiable or de-identified visitor information may be provided to other parties for marketing, advertising, or other uses.
Our store is hosted by Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a reasonably secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data, encrypting it through the Payment Card Industry Data Security Standard (PCI-DSS). Under those circumstances, your purchase transaction data is stored by Shopify only as long as is reasonably necessary to complete your purchase transaction.
The direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help reasonably ensure the secure handling of credit card information with respect to such purchases from our store. For more insight, you can also read Shopify’s Terms of Service or Privacy Statement.
Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your information will be handled.
When you click on links on our store, they may direct you away from the Service. We are not responsible for the content or practices of third-party websites or applications, and we encourage you to read their privacy policies.
DO NOT TRACK (DNT) SIGNALS
Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” (“DNT”) signals other than cookies, we do not currently respond to, or provide users with a different Service experience based on, undefined “DNT” signals to our website.
We take reasonable precautions to protect your personally identifiable information against unauthorized use, access, disclosure, alteration or destruction. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure and we cannot guarantee the absolute security of your personally identifiable information during its transmission or storage, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. It is important for you to protect against unauthorized access to your password or account. Be sure to sign off when you are finished using the Service.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies, through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn off cookies, certain features and functionality of the Service might not be available to you or might not function properly.
INTERNATIONAL DATA TRANSFERS
Please note that the Service is operated in the United States. If you are located outside of the United States, please be aware that any customer information you provide to us will be transferred to the United States. By using the Service or providing us with your customer information, you consent to this transfer. In addition, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
YOUR CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2018 will receive information regarding 2017 sharing activities).
To obtain this information from us, please send an email message to email@example.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
We do not knowingly intend to collect personally identifiable information from children under 13 years of age. If a child has provided us with personally identifiable information, a parent or guardian of that child may send an email message to firstname.lastname@example.org with “Request for Child Information Removal” on the subject line and the name and age of the child in the body of the message. After confirmation, we will make reasonable efforts to delete the child’s information from the database that stores information for the Service.