Terms of Service

Row7 Seeds

TERMS OF SERVICE

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 in connection with our site (collectively, “Services”), you agree to be bound by the following terms and conditions (“Terms of Service”), including our Privacy Policy and any additional terms and conditions referenced herein and/or available by hyperlink. These Terms of Service are entered into by and between you and Row 7. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access our Services.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES. THIS IS A LEGALLY ENFORCEABLE CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING WITH RESPECT TO HOW CLAIMS AND DISPUTES ARE RESOLVED. These terms of service contain a mandatory individual arbitration AGREEMENT provision and a class action/jury trial waiver provision that require, unless you opt out pursuant to the instructions in the arbitration agreement, the exclusive use of final and binding arbitration on an individual basis to resolve disputes between you and us, including any claims that arose or were asserted before you agreed to these terms of service. To the fullest extent permitted by applicable law, you expressly waive your right to seek relief in a court of law and to have a jury trial on your claims, as well as your right to participate as a plaintiff or class member in any class, collective, private attorney general, or representative action or proceeding.

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.

SITE CONTENT

Our Services include the provision of both seeds (“Seeds”) and produce derived from our seeds (“Produce,” and collectively with Seeds, the “Product”). The entire content included in our Services, including the Product, 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 understand and acknowledge that we (or our licensors) own and will continue to own all rights (including intellectual property rights), in and to our Services and Products. Except as explicitly provided herein, nothing in these Terms of Service will be deemed to create a license in or under any such intellectual property rights, and you will not access, sell, license, rent, modify, distribute, copy, reproduce, transmit, display, perform, publish, adapt, edit, or create derivative works of any intellectual property. Use of any intellectual property for any purpose not expressly permitted by these Terms of Service is strictly prohibited.

You may use our Services, and any information contained in our 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 our 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 our Services.

Occasionally there may be information in or associated with our Services and/or Products 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.

TRADEMARKS

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.

PRODUCE

While Row 7 does offer its Produce for sale, such Produce is available for purchase through our partnership with Whole Foods, Inc. (“Whole Foods”). The purchase of our Produce is subject to the terms and conditions of Whole Foods and Row 7 assumes no responsibility or liability for the interactions you have with Whole Foods or any losses or damages resulting therefrom. THE PRODUCE IS PROVIDED “AS IS” AND ROW 7 MAKES NO WARRANTIES AS TO THE SUITABILITY OF THE PRODUCE OR THAT SUCH PRODUCE WILL NOT CAUSE CONTAMINATION. YOU PURCHASE THE PRODUCE AT YOUR OWN RISK.

PRODUCTS

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 or our Services at any time. Any offer for any Product or service made in connection with our 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 our Products or Services.

PURCHASE OF PRODUCTS

To purchase Seeds via our Services, you must provide us with at least one (1) current, valid payment card that is accepted by us and our third-party payment processor, such as Meta Pay or Shop Pay, (“Payment Processor”). By providing such payment card (“Payment Method”), you authorize each of Row 7 and Payment Processor to charge that Payment Method the applicable fees and taxes, for each purchase you make via our Services. We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). You acknowledge and understand that Payment Processor may collect and retain third-party fees whenever you pay fees. Payment must be received by Payment Processor before our acceptance of an order. All fees paid are non-refundable. We do not view or store your full credit card or other Payment Method information. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.

You represent and warrant that: (a) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (b) you are duly authorized to use the Payment Method(s); (c) you will pay any and all charges incurred by users of your Payment Method in connection with our Services, including any applicable fees (at the prices in effect when such charges are incurred) and taxes; and (d) charges incurred by you will be honored by your Payment Method company.

We disclaim any and all liability with respect to, and you understand and acknowledge that we are not responsible for: (X) any security or privacy breaches related to your credit card or other Payment Method, (Y) any fees that may be charged to you by your bank in connection with the collection of Fees, and/or (Z) any unauthorized use of your credit card, debit card, or other Payment Method by a third party.

THIRD-PARTY LINKS

Our Services may contain links to third-party websites or applications that are not owned or controlled by us and certain functionalities of our Services may require your use of such third-party websites or services. 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. If you use a third party’s website or service in connection with our Services, you are subject to and agree to, and must comply with, the third party’s terms and conditions made available via, or agreed in connection with, its services. Please review the third party's policies and practices and make sure you understand them before you engage in any transaction. If you access a third-party service from the Services or share your User Content on or through any third-party service, you do so at your own risk, and you understand that these Terms of Service and our privacy notice do not apply to your use of any third-party service. You expressly relieve us from any and all liability arising from your access to and/or use of any third-party service. Additionally, your dealings with, or participation in promotions of, advertisers found on our Services, including as relates to payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You understand and acknowledge that we will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

USER CONTENT

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, claim no ownership rights, and assume no liability for any User Content. All User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content in connection our Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

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 own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. 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 our 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 or for any purpose, any Feedback that you provide to us. We are not under any obligation (a) to maintain any Feedback in confidence; (b) to pay compensation for any Feedback; or (c) to respond to any Feedback. You acknowledge that, by acceptance of your submission of Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

PRIVACY POLICY

You acknowledge that your use of our Services is subject to, and you agree to the terms of, our Privacy Policy. Please review it carefully.

COMMUNICATIONS

You expressly consent and agree to receive communications from us electronically. We may communicate with you by email or by posting notices in our 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 hello@row7seeds.com.

ACCESS TO OUR SERVICES

From time to time, we may amend our Services in our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. To access some of our Services, you may be asked to provide certain registration details or other information. It is a condition of your use of our Services that all the information you provide our Services is correct, current, and complete. All information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using our 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 our Services or any related website or application; (h) to collect or track the personal information of others; (i) to use any robot, spider, data-mining tool, data gathering or extraction tool, or any other automated means to access our Services or spam, phish, crawl, or scrape; (j) to interfere with or circumvent the security features of our Services or any related website or application; or (l) to use or display our Services in competition with us, or otherwise to our detriment or disadvantage. We reserve the right to terminate your use of our 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 our Services.

WARRANTY DISCLAIMER

Our serviceS and Products are provided on an “as is” and “as available” basis. Your use of Our services and Products is at your own risk. To the maximum extent permitted by applicable law, Our services, the intellectual property, and any other information or material available on or through our services or Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. Without limiting the generality of the foregoing, none of the Row 7 indemnitees warrants that any content or any other information contained in, or available via, our services is accurate, comprehensive, reliable, useful, or correct; that our services or product will meet your requirements; that our services will be available at any particular time or location, uninterrupted, or secure; that any defects or errors in our services or Product will be corrected; or that our services are free of viruses or other harmful components. Any Product obtained through the use of our services is so obtained at your own risk, and you will be solely responsible for any damages and/or for loss that results from same or from your access to and/or use of our services or Products. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by applicable law.

Further, Row 7 does not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through our services or any hyperlinked website or service, and Row 7 will not be a party to, or in any way monitor, any transaction between you and third-party providers of products or services.

United states federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. These terms of Service give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under these terms of Service will not apply to the extent prohibited by applicable law.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 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, OR THE PRODUCT GENERALLY, 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.

In no event will any rOW 7 indemnitee be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the Lesser of the amount you paid to us hereunder or one hundred U.S. Dollars ($100.00). This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion of and/or limitations on incidental or consequential damages, so the above exclusions and/or limitations may not apply to you. These terms of Service give you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms of Service will not apply to the extent prohibited by applicable law.

INDEMNIFICATION

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 (a) your breach of these Terms of Service, (b) your access to and/or use of our Services or Product, (c) your use of any information obtained from our Services, (d) any activity related to your account, (e) your violation of any law or the rights of a third party or (f) your willful misconduct.

SEVERABILITY

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.

TERMINATION

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or by canceling your registration (as applicable) and ceasing to use our Services. Your access to and use of our Services 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 and upon termination you are responsible for paying all outstanding fees.

ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us in connection with our Services, including our Privacy Policy, constitute the entire agreement and understanding between you and us, superseding any prior written or oral agreements between you and us (including, but not limited to, any prior versions of our Terms of Service).

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.

ARBITRATION AGREEMENT

READ THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) these Terms of Service, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (b) access to or use of our Services or Product, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using our Services; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms of Service.

If you are a new user, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms of Service by emailing us at support@row7seeds.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms of Service, including the provisions regarding controlling law or the courts in which any disputes must be brought.

For any Claim, you will first contact us at support@row7seeds.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Westchester County, New York, unless you and Row 7 agree otherwise. If you are using our Services for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using our Services for non-commercial purposes: (x) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (y) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (z) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Service are, or whether any provision of these Terms of Service is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

NOTHING IN THIS ARBITRATION AGREEMENT WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, CONFIDENTIAL INFORMATION, OR INTELLECTUAL PROPERTY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN A SMALL CLAIMS COURT, PROVIDED THAT YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

CLASS ACTION/JURY TRIAL WAIVER

by entering into these terms of Service, you and row 7 are each waiving the right to a trial by jury or to bring, join, or participate in any purported class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member. the foregoing applies to all users (both natual persons and entities), regardless of whether you have obtained or used our services for personal, commercial, or other purposes. This class action/jury trial waiver applies to class arbitration, and, unless we agree otherwise, the Arbitrator may not consolidate more than one person’s or entity’s claims. You and Row 7 agree that the Arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other users.

EXPORT CONTROL

Software and other materials downloaded or otherwise made available from our Services may be subject to United States Export Control. No software from our Services 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 our Services to any jurisdiction prohibited by the United States Export Control laws.

MISCELLANEOUS

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 of Service. We may provide notifications, whether such notifications are required by applicable law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice through our Services, as we determine, in our sole discretion. We reserve the right to determine the form and means of providing notifications to users, provided that you may opt out of certain means of notification, as required under applicable law or as described in these Terms of Service. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update these Terms of Service from time to time, and so you should review this page periodically. When we change these Terms of Service in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms of Service. These Terms of Service apply to and govern your access to and use of our Services effective as of the start of your access to our Services, even if such access began before publication of these Terms of Service. Your continued use of our Services after any change to these Terms of Service constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms of Service or to any future Terms of Service, do not access or use (or continue to access or use) our Services.

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 at our sole discretion and without notice. All changes are effective immediately when posted and apply to all access to and use of our Services thereafter. Please review our Terms of Service and Privacy Policy periodically so that you will be apprised of any changes. Your continued use of or access to our Services following the posting of any changes constitutes your acceptance of those changes.

These Terms of Service were last updated on September 8, 2023.

QUESTIONS?

If you have any questions about our Terms of Service, please contact us at support@row7seeds.com

PRIVACY POLICY

This Privacy Policy explains what information we gather from you when you use the Service, and how we may use and disclose that information. This Privacy Policy is incorporated into our Terms of Service, and your access to and use of the Service is subject to those terms. Any capitalized terms used but not defined in this Privacy Policy have the meanings given to them in our Terms of Service. By accessing or using the Service, you consent to our collection, use and disclosure of your information in accordance with this Privacy Policy.

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 personal information we collect, the way we collect it, and how we use it will depend on how you are interacting with us and the type of services you use.

Personal Information Collected from You

Account Information, including name, email address, phone number, username and password, location, profile information, and any other information you provide to us. We use this information to administer your account, provide you with the relevant service and information, communicate with you regarding your account and your use of the Services, and for fraud prevention and customer support purposes. Please note that other users may see your username and/or location (if you enable location services and grant permission) on the Services.
Buyer Information, including name, email address, shipping and billing address, and payment card and billing information, if you choose to make a purchase. Please note that we use third-party payment processors to process credit card payments made to us. As such, we do not retain any personally identifiable financial information in connection with credit card payments, such as credit card numbers. Rather, all such information is provided directly by you to our third-party payment processor. The payment processor’s use of your personal information is governed by their privacy policy.
Inquiry and Communications Information, including any information you submit to us through a “Submit Request” customer support form, such as contact information and any other information you provide in the request, information provided in chat messages, to one of our email addresses, in-person, or via phone. We use this information to investigate and respond to your inquiries, to communicate with you, to enhance the services we offer to our users and to manage and grow our organization.
Newsletter and Marketing Emails Information, including email address and applicable interests and communication preferences. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving emails from us, simply click “unsubscribe” at the bottom of the email. Note that you cannot unsubscribe from certain services-related emails (e.g., account verification, confirmations of transactions, technical or legal notices).
Log data, including internet protocol (IP) address, operating system, device type and version, browser type and version, browser ID, the URL entered and the referring page/campaign, date and time of visit, other user agent string data, the time spent on our Services, and any errors that may occur during the visit to our Services.
Analytics data, including the electronic path you take to our Services, through our Services and when exiting our Services, UTM source, as well as your usage and activity on our Services, such as the time zone, activity information (e.g., first and last active date and time), usage history (e.g., emails opened, total log-ins) as well as the pages, links, objects, services you view, click or otherwise interact with.
Location data, such as general location information we derive from your IP address. We and our third-party partners may use cookies or small data files that are stored on an individual’s computer and other, related technologies, such as web beacons, pixels, embedded scripts, location-identifying technologies and logging technologies (collectively, “cookies”) to automatically collect this information. We may also use this information to distinguish you from other users of our Services. This helps us monitor and analyze how you use and interact with our Services. It also helps us and our partners to determine products and services that may be of interest to you.

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.

Where you choose to contact us, we may need additional information to fulfill the request or respond to inquiries. We may provide you with additional privacy-related information where the scope of the inquiry or request and/or personal information we require fall outside the scope of this Privacy Policy. In that case, the additional privacy-related information will govern how we may process the information provided at that time.

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 info@row7seeds.com.

DISCLOSURE

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.
Legal Obligations and Rights: We may disclose personal information to third parties, such as legal advisors, law enforcement and tax authorities for legal compliance reasons, which may include, but not limited to, in connection with the establishment, exercise, or defense of legal claims; to comply with laws and our tax obligations (e.g., to respond to claims, lawful requests and legal process, including but not limited to subpoenas); to protect our rights and property and the rights and property of others, including to enforce our agreements and policies; to detect, suppress, or prevent fraud.

With Your Consent: We may disclose personal information about an individual to certain other third parties or publicly with your consent or direction.
Aggregated and Deidentified Information: We may share aggregated or deidentified information without limitation. This includes sharing the types of technical information that we collect as described above (including information that identifies a device), to the extent permitted by law.

SHOPIFY

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.

PAYMENT

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.

THIRD-PARTY SERVICES

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.

LINKS

Our Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective 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.

SECURITY

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.

COOKIES

We use web tracking tools such as cookies. The only personally identifiable information a cookie can contain is information you supply yourself. We use cookies to track user traffic patterns when you click on various links and promotions throughout the Service to help us understand your preferences and to offer better Service experiences and tools.

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.

ADDITIONAL U.S. STATE PRIVACY DISCLOSURES

For residents of the States of California, Colorado, Connecticut, Nevada, Utah and Virginia: These Additional U.S. State Privacy Disclosures (“U.S. Disclosures”) supplement the information contained in this Privacy Policy by providing additional information about our personal information processing practices relating to individual residents of these states. For the purposes of these U.S. Disclosures, personal information does not include publicly available information or deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.

Your Privacy Choices

Depending on your state of residency, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):

The Right to Know. The right to confirm whether we are processing personal information about you and, under California law only, to obtain certain personalized details about the personal information we have collected about you in the last 12 months, including the: (a) categories of personal information collected; (b) categories of sources of the personal information; (c) purposes for which the personal information were collected; (d) categories of personal information disclosed to third parties (if any), and the categories of recipients to whom the personal information were disclosed; (e) categories of personal information shared for cross-context behavioral advertising purposes (if any), and the categories of recipients to whom the personal information were disclosed for those purposes; and (f) categories of personal information sold (if any), and the categories of third parties to whom the personal information were sold.
The Right to Access and Portability. The right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the information to another entity without hindrance.
The Right to Request Deletion.You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.
The Right to Correction. You have the right to request that any inaccuracies in your personal information be corrected, taking into account the nature of the personal information and the purposes of the processing of your personal information.
The Right to Opt-Out of Sales or Sharing for Targeted Advertising. You have the right to direct us not to “sell” personal information we have collected about you to third parties for monetary or other valuable consideration, or “share” your personal information to third parties for cross-context behavioral advertising purposes. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.
The Right to Control over Automated Decision-Making/Profiling. You have the right to direct us not to use automated decision-making or profiling for certain purposes.
The Right to Control over Sensitive Information. You have the right to exercise control over our collection and processing of certain sensitive information.

Colorado Residents: If your appeal is denied, you may contact the Colorado Attorney General to address your concerns here.
Connecticut Residents: If your appeal is denied, you may contact the Connecticut Attorney General to submit a complaint here.
Virginia Residents: If your appeal is denied, you may contact the Virginia Attorney General to submit a complaint here.

Depending on your state of residency, you may also have the right to not receive retaliatory or discriminatory treatment in connection with a request to exercise the above rights. However, the exercise of the rights described above may result in a different price, rate or quality level of product or service where that difference is reasonably related to the impact the right has on our relationship or is otherwise permitted by law.

How to Exercise Your Privacy Rights

To submit a request to exercise one of the privacy rights identified above, please submit a request, please contact us by email at info@row7seeds.com with an explanation of the rights you wish to exercise and submit the required verifying information, as further described below.

We may need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account, if you have one. Note that we may need to request additional information from you to verify your identity or process your request, although you will not be required to create an account with us to submit a request or have it fulfilled. At a minimum, we may ask you for your name, email address, and telephone number. We will use the personal information you provide us in connection with your exercise of the above rights only to review and comply with your request. In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

Authorized Agents

In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the applicable privacy law) to submit requests on your behalf through the designated methods set forth in these U.S. Disclosures where we can verify the authorized agent’s authority to act on your behalf. For requests to know, delete, or correct personal information, we require the following for verification purposes: (a) a power of attorney valid under the laws of the state where you reside from you or your authorized agent; or (b) sufficient evidence to show that you have: (i) provided the authorized agent signed permission to act on your behalf; and (ii) verified your own identity directly with us pursuant to the instructions set forth in these U.S. Disclosures; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf. For requests to opt-out of personal information “sales” or “sharing”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.

CHILDREN

Our Services are not directed to, and 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 info@row7seeds.com 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.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon their posting on our website. If we make material changes to this policy, we will notify you here that it has been updated.

QUESTIONS?

If you have any questions about our Privacy Policy or other privacy-related matters, please contact us at info@row7seeds.com