Terms of service
These Terms and Conditions are an agreement (“Agreement”) between Top Seedz LLC (hereafter “Top Seedz”, “we”, “us” or “our”) and each user (“you” or “your”) of the website and products sold by Top Seedz.
1. Acceptance
Your use of the Top Seedz website and any product purchased on the website is at all times subject to this Agreement, as well as the Shipping Policy. You should read this Agreement, the Shipping Policy and the Privacy Policy carefully and be sure you understand it prior to using the website or purchasing products. Any use of the website or products purchased on the website is deemed to be irrevocable acceptance of this Agreement. If you do not agree to this Agreement, you should not use, and should immediately exit, the website, and you should not purchase products. Accessing the website only to review this Agreement, the Shipping Policy or Top Seedz’ privacy policy, copies of which are available on www.topseedz.com, (the “Privacy Policy”), is not deemed to be use of the website.
2. Personal Information
Top Seedz may collect personal information from individuals through this website or in the ordinary course of business. All such personal information obtained by Top Seedz will be held, disclosed, and used as set forth in the Privacy Policy and in accordance with all applicable law.
3. Changes to the Terms of Service
Top Seedz reserves the right, at our sole discretion, to revise or replace this Agreement at any time. For instance, we may need to change this Agreement if a new feature to the website is launched or services are offered. It is your responsibility to check for changes to this Agreement. If you do not agree to the new terms, you must discontinue use of the website and you should not purchase any additional products. If you continue to use the website or purchase products after the revised terms go into effect, then you have accepted the changes to this Agreement.
4. Payment
You agree to pay all fees for the products ordered from us. Current pricing for all products can be located on the website.
Top Seedz uses Shopify, a third party vendor, to process payments made by customers for the products. We do not collect or process payment information internally. Shopify collects payment method information (such as credit or debit card number, of bank account information, purchase amount, date of purchase and, in some cases, information about the products). You can learn about how Shopify collects and processes data at https://www.shopify.com/legal/privacy. We recommend that you review this privacy policy.
5. Prohibited Uses
You shall not use the website or products sold by Top Seedz: (1) in a manner inconsistent with this Agreement; (2) in any way that violates any applicable federal, state, local, or international law or regulation; (3) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (4) to transmit, or procure the sending of, any advertising or promotional material, including any “spam” or any other similar solicitation; (5) to impersonate or attempt to impersonate Top Seedz, a Top Seedz employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm Top Seedz or users of the website or expose them to liability.
Additionally, you agree not to: (1) use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real time activities through the website; (2) use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website; (3) use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the website; (5) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website; (7) attack the website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the website
6. Third-Party Content and Websites
The information presented on or through the website is made available solely for general information purposes, some of which is provided by third parties (“Third-Party Content”). We do not warrant the accuracy, completeness, or usefulness of this information, including Third-Party Content. Any reliance you place on such information is strictly at your own risk. All statements and/or opinions expressed in these materials, and all articles and responses to questions, and other content, other than the content provided by Top Seedz, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Top Seedz. We are not responsible, or liable to you or any third party, for the content or accuracy of any Third-Party Content.
The Top Seedz website may also contain links to, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). We do not warrant the offerings of any of these entities or individuals. Your use of a Third-Party Site or service will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. Your use of the website may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website, or service that you visit or use.
7. Ownership of Website
The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Top Seedz, its licensors, or other providers of such material and are protected by copyright and other intellectual property laws of the United States and/or other countries.
This Agreement permits you to use the website for your personal, non-commercial use only, including printing copies of the website for personal use or storing files on your computer for personal use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website. You also must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by Top Seedz. Any use of the website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
We have no responsibility for content on other websites that you may find or access when using our website or our products. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use for those websites govern your use of that material.
8. Trademarks
The Top Seedz name, the terms, and all related names, logos, product and service names, designs, and slogans are trademarks of the company or its affiliates or licensors. You must not use such marks without the prior written permission of Top Seedz. All other names, logos, product and service names, designs, and slogans used on or in connection with the website and products are the trademarks of their respective owners.
9. Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TOP SEEDZ NOR ANY PERSON ASSOCIATED WITH TOP SEEDZ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND ANY PRODUCTS OFFERED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TOP SEEDZ NOR ANYONE ASSOCIATED WITH TOP SEEDZ REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TOP SEEDZ, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR PRODUCTS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY 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, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification
You shall indemnify, defend and hold harmless Top Seedz from all costs, damages, expenses, fines, liabilities, losses, penalties and payments (including, but not limited to, fees and disbursements of counsel to Top Seedz) resulting from, or relating to, (a) your failure to perform any obligation or assume any responsibility pursuant to this Agreement, the Privacy Policy or the Shipping Policy, (b) any warranty or representation made by you in this Agreement or the Privacy Policy being untrue or misleading in any respect, or (c) any unauthorized use of the website or Top Seedz products by you.
12. Governing Law and Jurisdiction
This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the laws of the State of New York, without regard to its conflicts of laws rules. The state and federal courts located in the City of Buffalo and County of Erie, New York shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. If there is any conflict or inconsistency between any provision of this Agreement and any provision of any applicable law, the latter shall control.
13. Users from Other Jurisdictions
The website and business operations of Top Seedz are controlled and operated from the United States. If you are not a resident of the United States or you are located outside the United States, you should not use the website or transmit personal information unless you are in compliance with all applicable law. If you choose to use the website or provide information to us, please note that we may transfer personal information provided by you for processing in the United States. By providing personal information to us for the purpose of placing you or your company on our contact lists, you consent to the transfer of personal information to the United States. The transfer of that personal information to the United States is necessary for Top Seedz to provide requested information and products.
We do not represent or warrant that the website is appropriate, lawful, or available for use in any particular jurisdiction. Those who choose to access the website or purchase product do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations, and are subject to United States export controls in connection with your use of the website and products and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports.
14. Waiver and Severability
No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
15. Severability
Whenever possible, each provision of this Agreement shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
16. Entire Agreement
This Agreement, the Privacy Policy and the Shipping Policy, along with any other document referenced therein, constitute the sole and entire agreement between you and Top Seedz regarding the website and our products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website and our products.
17. Force Majeure
Neither Party will be responsible for failure or delay of performance if caused by: any pandemic, quarantine, an act of war, hostility, or sabotage; act of God; electrical, Internet, or telecommunication outage that is not caused by the obligated Party; government restrictions; or other event outside the reasonable control of the obligated Party. Each Party will use reasonable efforts to mitigate the effect of a force majeure event.
18. Expenses
Except as provided by any applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with enforcing this Agreement.
19. Our Contact Information
This website is operated by Top Seedz LLC, P.O. BOX 157, 229 W. Genesee St. Buffalo, NY 14201. All feedback, comments, requests for technical support, and other communications relating to the website should be directed to: wholesale@topseedz.com.