This Web site (www.seedswanted.com®) is an interactive online service operated by
Seedsellers, Inc., a California corporation (the "Corporation"). Through the website,
the Corporation offers users information services and content provided by the Corporation, its affiliates,
service providers, contracting parties, and other information providers. The Seedswanted.com® web
site (hereafter sometimes referred to as "Seedswanted.com®") is available to you contingent upon
your acceptance without modification, of the terms and conditions contained herein. Your use of
this Web site constitutes your agreement to all such terms and conditions.
SEED PROCUREMENT SERVICES:
- Completion of Application.
You agree that all of the information you will provide via the Seedswanted.com®
application forms will be true, accurate and complete. You hereby authorize Seedswanted.com®
to submit your application to as many seed suppliers, including without limitation,
manufacturers, brokers, distributors, or other suppliers of seed (collectively the "Seed Suppliers"),
as determined in the discretion of the Corporation.
By completing an online application on this Web site you authorize the
Corporation and/or its Seed Suppliers to contact you, either by phone, email, fax,
or other means with regard to your inquiry as to the purchase of seed.
- The role of Seedswanted.com®.
Neither the Corporation nor Seedswanted.com® charge you a fee to use our services. The
Corporation is paid a fee by the participating Seed Suppliers for the products and services
provided through the Seedwanted.com web site. Your use of this web site constitutes your
agreement with this form of compensation.
You acknowledge that the Corporation does not recommend or endorse the services/products
of any particular Seed Supplier. The Corporation is not an agent of either you or the
participating Seed Suppliers. The Corporation and Seedswanted.com® is only providing an
administrative service to you and the participating Seed Suppliers.
You agree that there is no guarantee that your inquiry for seed will be seen by any
particular number of Seed Suppliers and that the Corporation will only make its best
efforts to supply the application to the Seed Suppliers.
You agree that the Corporation does not make sales decisions and that all sales
decisions are solely made by the independent Seed Suppliers that are participating in
Seedswanted.com®. You further agree that the Corporation does not guarantee or promise
that you will be offered seed for purchase by any of our participating Seed Suppliers.
web site shall constitute an offer or promise for commitment or agreement to sell by
the Corporation to you.
Seedswanted.com® does not guarantee that any specific sales opportunity offered to you
by a Seed Supplier participating on Seedswanted.com® will be granted to you.
- The participating Seed Suppliers on Seedswanted.com®.
The Seed Suppliers participating on Seedswanted.com® are solely responsible for
their services to you. You agree that the Corporation shall not be liable for
any damages or costs of any type arising out of or in any way connected with
your use of the Seedswanted.com® Web site, our services, or the services offered
by the participating Seed Suppliers, including without limitation, the availability
of seed, or the quantity or quality of seed actually purchased and delivered.
The Corporation is not responsible for any errors or delays caused by you or the
participating Seed Suppliers in the sale or delivery process.
The Corporation reserves the right to at any time, at its sole discretion, to
discontinue, suspend or terminate the participation of a Seed Supplier on Seedswanted.com®.
DISLAIMER OF WARRANTIES:
THIS WEB SITE, ALL INFORMATION ON THIS WEB SITE AND ALL SERVICES AND PRODUCTS
ASSOCIATED WITH THIS WEB SITE ARE PROVIDED "AS IS". THE CORPORATION AND/OR ITS
PARTICIAPTING SEED SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AS TO ANY SERVICES AND PRODUCTS OFFERED HEREIN, INCLUDING WITHOUT
LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABLILTIY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE CORPORATION DOES NOT
WARRANT THAT THE INFORMATION ON THE SEEDSWANTED.COM WEB SITE WILL BE ERROR
FREE OR THAT THE WEB SITE WILL OPERATE UNINTERRRUPTED. IF THE FOREGOING
IMPLIED WARRANTIES ARE LIMITED IN YOUR JURISDICTION, THOSE EXCLUSIONS MAY
NOT APPLY TO YOU, HOWEVER ALL OTHER DISCLAIMERS AND LIMITATIONS NOTED ABOVE,
SHALL CONTINUE TO REMAIN APPLICABLE.
LIMITATION OF LIABLITY:
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE CORPORATION, SEEDSWANTED.COM
AND/OR ITS PARTICIPATING SEED SUPPLIERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT,
PUTINTIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, WHETHER RESULITNG IN
WHOLE OR IN PART, EVEN IF THE CORPORATION AND/OR SEEDSWANTED.COM HAS BEEN ADVISED OF
THE POSSIBLITY OF DAMAGES.
By use of the Seedswanted.com® Web site you agree to indemnify and hold harmless
Seedswanted.com® and its participating Seed Suppliers from and against any and all
liabilities, expenses, costs (including attorneys' fees) and damages arising out of
claims resulting from your use of Seedswanted.com®.
It is the intent of Seedswanted.com® to ensure that all of the information contained
on the inquiry for seeds and with regard to Seed Suppliers is accurate and reliable.
However, Seedswanted.com® does not guarantee the Seedswanted.com® Web site to be error
free all of the time. By your use of this Web site, you agree to hold Seedswanted.com®
and its participating Seed Suppliers harmless due to any and all errors on the Web site.
THIRD PARTY LINKS:
The Seedswanted.com® Web site contains links to Web sites owned and maintained by third
parties. Such links are provided for your convenience only. Seedswanted.com® does not own,
operate or endorse the services or products offered available on these third party Web
sites. Your use of such third party Web sites is solely at your own risk.
COPYRIGHT, TRADEMARK AND SERVICEMARK NOTICES:
The contents of this Web site are copyrighted by the Corporation, and /or its suppliers,
participating lenders and brokers. All rights reserved. Other product and company names
noted herein, including but not limited to the names of participating Seed Suppliers may
be trademarks of their respective owners.
DISPUTE RESOLUTION AND VENUE:
By the use of the Seedswanted.com® Web site you consent and agree to waive any rights
you may have to trial by jury concerning any controversy, dispute, or cause of
action ("Claims") arising out of or in connection with the provisions of this
Agreement. Any such Claims which cannot be settled between you and the Corporation
by mutual agreement shall be finally settled by arbitration in Modesto, California,
in accordance with the rules of the American Arbitration Association. The arbitrator
may enter a default decision against either of us if we fail to participate in the
arbitration proceedings. The decision of the arbitrator on the points in dispute will
be final, unappealable and binding, and judgment on the award may be entered in any
court having jurisdiction thereof.
The arbitrators shall not have the power to award damages in connection with any
dispute in excess of actual compensatory damages and shall not multiply actual
damages or award consequential, punitive or exemplary damages, and each party
irrevocably waives any claim thereto. The agreement to arbitrate shall not be
construed as an agreement to the joinder or consolidation of arbitration under
this agreement with an arbitration of disputes or claims of any non-party,
regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE CORPORATION
AND/OR SEEDSWANTED.COM WILL BE RESOLVED BY BINDING ARBITRATION. BY ACCEPTANCE
OF THESE TERMS, YOU ARE FOREGOING YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND
YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING A CLASS
Should a Dispute arise and should the arbitration provisions herein become
inapplicable or unenforceable, or in any instance of any lawsuit between you
and the Corporation or Seedswanted.com®, the parties agree that jurisdiction
over and venue of any suit shall be exclusively in the state and federal
courts located in Stanislaus or Fresno Counties, California. If either party
employs attorneys to enforce any right in connection with any dispute or
lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
This Agreement constitutes the entire agreement between you and the
Corporation and supersedes all prior or contemporaneous communications,
promises and proposals, whether oral, written or electronic, between you
and the Corporation.com with respect to this Web site and any information
associated with it. This Agreement shall be subject to and construed in
accordance with the laws of the State of California, excluding its conflict
of laws principles. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers, liability limitations and the indemnification provision
set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid enforceable provision that most closely matches the intent
of the original provision, and the remainder of the agreement shall continue in
effect. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in
printed form. All rights not expressly granted herein are reserved.