Terms and Conditions
The Seed Play Love website and products are provided by Seed Play Love, LLC. ("Seed Play Love", "we" "us" or "our"). These terms and conditions (these "Terms of Service") govern your ("you" or "your") access to and use of the seedplaylove.com web site (the "Website") and all products provided by Seed Play Love via the Website.
We may revise this Agreement at any time, please carefully read this Agreement as it may have changed since your last visit. Any revisions will be posted on this Site. Your continued use of the Site will indicate you understand and accept the Agreement as revised.
Last Update: December 10, 2019
ACCEPTANCE OF TERMS
By using our Website you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.
TERMS OF SALE
The following terms apply to your purchase of the products offered on the Site.
Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Availability and Pricing.
Seed Play Love reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are for sale only in the United States and Canada and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer, and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.
If for any reason you’re not satisfied with your Seed Play Love product purchased through our website, email us at HappyToHelp@seedplaylove.com. Include in your email: your name, order number and reason for return or exchange within 30 days of purchase. Please keep all original packaging.
We ship throughout the United States and Canada. $5 flat rate shipping within the contiguous US (lower 48). Shipping times are calculated once the order has been fulfilled, NOT once the order has been placed. After processing, items usually arrive at their destination within 2-3 days, but can take longer from time to time. Contact us at HappyToHelp@seedplaylove.com with questions.
Damaged or Incomplete Shipment.
If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please contact us at HappyToHelp@seedplaylove.com. We must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the products in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the products in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Personal Use Only.
Products are for your personal use only. You agree not sell or resell any products you purchase or otherwise receive from us. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products (collectively "Feedback"), you hereby grant us a non-exclusive, worldwide perpetual license to use the Feedback to: (a) improve our Products and (b) promote the Products, and that you will not be due any compensation for your Feedback that is used in these ways.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term "Content" means all information, text, images, data, links, software, or other material accessible through the Website or Products, whether created by us or provided by another person for display on the Website.
We reserve the right to make changes to document names and content, descriptions or specifications of products, or other information without obligation to issue any notice of such changes.
No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. The Content may not be modified. Copyright, trademark, and other proprietary notices may not be removed.
Seed Play Love, the Seed Play Love logo, the names of individual products and their logos are trademarks of Seed Play Love, LLC. You agree not to display or use, in any manner, the Seed Play Love trademarks, without Seed Play Love’s prior permission.
We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
RESPONSIBLE USE AND CONDUCT
By visiting our Website you agree to use all information, resources, products, tools, and services (“Content”) only for the purposes intended and permitted by the terms of this User Agreement and applicable laws, regulations and accepted online practices. The Content of this website is for personal non-commercial use. You agree to access our resources only in the means we provide and will not attempt to copy, duplicate, distribute, reproduce, display, sell, trade or resell any of our information, resources, content or tools.
Failure to comply with our User Agreement holds you solely responsible for consequences, losses or damages Seed Play Love™ directly or indirectly incurs and you may incur criminal or civil liability.
LIMITATION OF LIABILITY
In no event shall Seed Play Love or its officers, directors, employees, parents, or affiliates be liable to any user of this website or any other person or entity for any direct, indirect, special, incidental, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of the use, inability to use, unauthorized access to or use or misuse of the products or the website or any information contained thereon, whether based upon warranty, contract, tort (including negligence), or otherwise, even if has been advised of the possibility of such damages or losses.
You agree Seed Play Love’s total cumulative liability in connection with these terms and conditions, the website, the content, or any product or services whether in contract, tort, or otherwise, shall not exceed the amount you paid to Seed Play Love in the then-prior calendar month.
By using this Website and supplied Products, you agree to indemnify, hold harmless and defend Seed Play Love from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website and Products by you or any other person accessing the Website.
ACCURACY OF USER INFORMATION
Accuracy: You may use this Website without volunteering personally identifiable information. If you choose to provide information to register for or participate in a service, event, or promotion on this Website, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
Seed Play Love products are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use our products only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for upholding all Terms.
DISCLAIMER OF WARRANTY
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. You agree that your sole and exclusive remedy arising from or relating in any way to any product shall be its replacement at Seed Play Love’s discretion.
Except as expressly provided herein, all products supplied, and all text, images, and other information on or accessible from this website are provided "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Seed Play Love does not warrant that: (i) the information available on this website is free of errors; (ii) the products or services are not defective; (iii) the functions or services (including but not limited to mechanisms for the downloading and uploading of content) provided by this website will be uninterrupted, secure, or free of errors; (iv) defects will be corrected, or (v) this website or the server(s) that makes it available are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Seed Play Love of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Idaho, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be resolved in Ada County, Idaho.
Class Action Waiver – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms of service, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration in Boise, Idaho under the streamlined arbitration rules and procedures (“rules”) of judicial arbitration and a mediation services company or organization of Seed Play Love’s choosing then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, and you and we hereby expressly waive trial by jury. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations. You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person’s experience, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with us.
You may not assign these Terms and Conditions or any license set forth herein, in whole or in part, without our prior written consent. We may assign these Terms and Conditions without your consent, to an affiliate or in connection with any merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any purported assignment in violation of this section shall be null and void. These Terms and Conditions shall be binding on all permitted assignees.
INTELLECTUAL PROPERTY, COPYRIGHTS AND TRADEMARKS
You agree and acknowledge that, as between you and Seed Play Love, unless otherwise stated in these Terms and Conditions, Seed Play Love owns and retains all right, title and interest in and to (i) the Website and all improvements, enhancements and modifications thereto, (ii) notwithstanding the Feedback section (above), comments, suggestions, or other feedback regarding any aspect of the Website submitted by you, (iv) all products, and (v) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, " Seed Play Love Intellectual Property"). To the extent you have or later acquire any right, title or interest in any Seed Play Love Intellectual Property, you hereby irrevocably transfer and assign all such right, title and interest in such Seed Play Love Intellectual Property to us.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.