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Sproutzo Terms & Conditions

This agreement is made between the User (“User” or “you”) and Sproutzo, Inc., a Delaware Corporation (“Sproutzo”), and is based upon the following terms and conditions.

1. Overview. Sproutzo is a digital trading platform (“Platform”) for the global agriculture industry.
2. Agreement. The parties hereby agree that User shall sell or buy to / from third party customers (“Customer”) and Customer shall sell or buy to / from User certain products sold by User (“Products”) in accordance with these Terms & Conditions and the separate agreement User enters into with the Customer.
3. Payment. Access to our services through Sproutzo’s Platform (“Services”), or to certain features of the Service, may require you to pay fees. If Sproutzo changes the fees for the Service, including by adding additional fees or charges, Sproutzo will provide you advance notice of those changes. If you do not accept the changes, Sproutzo may discontinue providing the Service to you. Sproutzo will charge the payment method you specify at the time of purchase. You authorize Sproutzo to charge all sums as described in these Terms & Conditions, for the Service you select, to that payment method.
4. Accounts and Registration. To access most features of the Service, you must register for an account. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at contact@sproutzo.com. Also, see our separate Privacy Statement that governs the processing of personal information on the Sproutzo Platform.
5. User Content
   A. User Content Generally. Certain features of the Service may permit users to upload content to the Service, including contact information, product information, pricing, messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
   B. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content.
   C. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Sproutzo may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms & Conditions or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Sproutzo with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms & Conditions, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Sproutzo does not permit copyright-infringing activities on the Service.
   D. Repeat Infringers. Sproutzo will promptly terminate without notice the accounts of users that are determined by Sproutzo to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity or has had User Content removed from the Service at least twice.
6. Prohibited Conduct. By using the Services you agree not to: A. use the Service for any illegal purpose or in violation of any local, state, national, or international law; B. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right; C. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; D. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; E. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server; F. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth; G. sell or otherwise transfer the access granted under these Terms & Conditions or any Materials (as defined in Section 12) or any right or ability to view, access, or use any Material; H. attempt to do any of the acts described in this Section 7, or assist or permit any person in engaging in any of the acts described in this Section 7; or I. use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from Sproutzo’s websites.
7. Termination of Use; Discontinuation and Modification of the Service. You may terminate your account at any time by contacting Customer service at contact@sproutzo.com. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service. If you violate any provision of these Terms & Conditions, your permission from us to use the Service will terminate automatically. In addition, Sproutzo may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
8. Dispute Resolution and Arbitration
   A. Generally. In the interest of resolving disputes between you and Sproutzo in the most expedient and cost-effective manner, you and Sproutzo agree that every dispute arising in connection with these Terms & Conditions will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Terms & Conditions to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms & Conditions, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms & Conditions . You understand and agree that, by entering into these Terms & Conditions , you and Sproutzo are each waiving the right to a trial by jury or to participate in a class action.
   B. Exceptions. Despite the provisions of Section 12.1, nothing in these Terms & Conditions will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectualproperty infringement claim.
   C. Arbitrator. Any arbitration between you and Sproutzo will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms & Conditions , and will be administered by the AAA.
   D. No Class Actions. You and Sproutzo agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Sproutzo agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
9. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
10. Limitation Of Liability. Under no circumstances will Sproutzo, its affiliates, employees, agents, representatives, licensors or other third party partners (“Sproutzo Parties”) be liable to you or any other person for any indirect, incidental, punitive, special, exemplary or consequential damages arising out of the use, inability to use, or the results of use of our products, whether based on warranty, contract, tort (including negligence), or any other legal theory; including without limitation damages resulting from lost profits, lost data, loss of business or business interruption, whether direct or indirect, arising out of the use, inability to use, or the results of use of our products, whether based on warranty, contract, tort (including negligence), or any other legal theory. Any Sproutzo Parties’ total cumulative liability shall in no event exceed the greater of: (a) the amount you paid Sproutzo for your use of the products in the prior three (3) months; and (b) the sum of one hundred (100) us dollars.
11. Miscellaneous. These Terms & Conditions , along with any rules, guidelines, or policies published on the Sproutzo homepage constitute the entire agreement between Sproutzo and you with respect to your use of our Site and Products. If there is any conflict between the Terms & Conditions and any other rules or instructions posted on the Site, the Terms & Conditions shall control. No amendment to these Terms & Conditions by you shall be effective unless acknowledged in writing by Sproutzo. If any portion of these Terms & Conditions is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms & Conditions will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms & Conditions without the prior written consent of Sproutzo. Sproutzo’s failure to insist upon or enforce any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Any sections or Terms & Conditions which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms & Conditions , will survive the termination of these Terms & Conditions . In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Site or the Products, or any other materials issued in connection therewith, or exploitation of the Products or any content or other material used or displayed through the Site. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by this Agreement.
12. Contact Information. The Service is offered by Sproutzo, Inc, located at 221 N. Broad St, Suite 3A, Middletown, New Castle, Delaware 19709, USA. You may contact us by sending correspondence to our address or by emailing us at contact@sproutzo.com.
13. Reference. Except as provided herein, no press release, announcement, publication, or other use of the other party's insignia logos, trademarks, tradename or service marks (collectively, the "Marks") shall be made by either party without the other party's prior express written approval. All use by either party of the other party's Marks will inure to the benefit of the party owning the Marks. Notwithstanding the foregoing, Sproutzo may list User as a User of Sproutzo in any Sproutzo marketing materials, such as, by way of example, representative User lists, screen shots, case studies and printed and digital sales material, all of which will be prepared in a manner consistent with the highest standards of professionalism.

TERMS OF SERVICE

OVERVIEW

This website, www.usn.co.za, (“our website”) is operated by USN, owned by: Ultimate Sports Nutrition Pty Ltd (‘USN’), a company registered in accordance with the Company Laws of the Republic of South Africa and with registration number 2005/025229/07, which has its principal place of business at Unit 4, Louwlardia Logistics Park, Cnr of Olievenhoutbosch Road and Nellmapius Avenue, Centurion, 0157. Should you have any queries or questions regarding our products or services, these T&C and/or our website, please address your queries to online@usn.co.za. Please note that the use of our website, our products and all online orders at www.usn.co.za are subject to the terms and conditions contained herein. Please ensure that you have read and understood these Terms and Conditions (T&C) before using this website, placing any orders and/or entering into any sort of credit and/or Cash-on-Delivery (COD) agreement with us.

Throughout the site, the terms “we”, “us” and “our” refer to USN Demo. USN Demo offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1: ONLINE STORE TERMS

By using our website, you agree to and are bound by these T&C. Any other terms whether express or implied not contained herein shall not be of any force or effect. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). These T&C are governed by the laws of the Republic of South Africa.

Our website may only be used for personal, non-commercial browsing, shopping and information purposes. No other use is permitted without our prior written consent. The unauthorised use of our website, including but not limited to, copying, reproduction, variation, modification or distribution the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever is strictly prohibited.

Comments and opinions uploaded onto our website by our users and guests are their opinions and do not in any way represent our views, opinions or beliefs.

We reserve the right to amend these T&C, from time to time and without giving you prior notice of such amendments. Accordingly, it is incumbent upon you to regularly check for any amendments to these T&C, which will naturally regulate your continued use of our website.

We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these T&C or for any other reason whatsoever.

Any credit card would be asked for 3D secure enrollment if not already enrolled with the issuer to process transactions with authentication from the cardholder issuing bank. No credit card data will be stored. No unauthorised access to the payment pages site will be permitted. Only USN as a known entity will be allowed to direct encrypted payloads to the Payment pages.

All copyright, trademark, patent and other Intellectual Property (“IP”) rights embodied in any logos, text, images, video, audio, products or other material on our website are owned by or licensed to the USN Group (“the Licensor”). Unauthorised use, reproduction, modification and/or distribution of our licensor’s IP is strictly prohibited, and such use shall only be permitted with our, or our licensor’s, prior written consent.

We do our best to ensure that the information on our website is accurate. You use our website entirely at your own risk.

We shall not be liable for any loss or damages suffered by you, whether direct, indirect, incidental, special or consequential, caused or arising from the use of our website or the purchase of our products.

We cannot and do not warrant that the use of our website will be uninterrupted or error-free, or that our website or website servers are free from viruses or other harmful components.

Should any of these T&C be found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence or grace on our part shall not in any way operate as or be deemed to be a waiver by us of any rights under this agreement, or be construed as a novation thereof.

All Transactions shall be subject to these Conditions (T&C) to the exclusion of all other T&C (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

Any alternative T&C or any addition, alteration or variation to these T&C or representations about the Goods shall not apply unless they are expressly agreed in writing and signed by the Company. Any order or acceptance of a quotation for Goods by the Buyer to the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.

No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. The acknowledgement of an order by a message on the Company’s website or an email shall constitute confirmation or acceptance of such order. The order confirmation email will state the following: the goods to be delivered; the delivery fees; Value-Added Tax and the amount debited from your payment card.

The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate. Risk in the Goods shall pass to the Buyer upon delivery.

The Company shall not be liable for:

• loss of profits;
• loss of business;
• depletion of goodwill and/or similar losses;
• loss of anticipated savings;
• loss of goods;
• loss of contracts;
• any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

The Company’s total liability in contract, delict, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall be limited to the price paid by the Buyer for the Goods and the Buyer shall be responsible for making its own arrangements for the insurance of any excess loss. The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental action, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

The Company may offer loyalty programmes to its Customers from time to time (“Loyalty Programmes”). The Customer’s participation in loyalty programmes will be subject to these terms. If a Customer participate in any loyalty programmes, their participation is subject to the Loyalty Programme Terms and Conditions which may be amended from time to time without placing any obligation on the Company to notify the Customer of such changes.  The Company reserves the right to terminate a Customer’s participation in Loyalty programmes in the event of contravention or non-compliance with the Terms and Conditions or any other associated rules. The Company reserves the right to terminate the entire Loyalty Programme with 30-days’ notice, after which period/time any unused points and/or benefits accrued in the Customer’s account, will be forfeited, and cannot be redeemed.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5: PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our refund policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our refund policy.

SECTION 7: OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9: USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our privacy policy.

SECTION 11: ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12: PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful 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, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall USN Demo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14: INDEMNIFICATION

You agree to indemnify, defend and hold harmless USN Demo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15: 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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16: TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17: ENTIRE AGREEMENT

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.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18: GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

SECTION 19: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at noreply@usn.co.za.

Our contact information is posted below:

Ultimate Sports Nutrition (Pty) Ltd
Unit 4, Louwlardia Logistics Park
Nellmapius Road
Centurion
Gauteng
0157
South Africa

VAT NUMBER: 9404128648

Terms of service

OVERVIEW

NESEED strives to create exceptional seed ordering experience for our customers. Our business foundation is built on a solid customer relationship with you, our valued customer.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

This website is operated by NE SEED. Throughout the site, the terms “we”, “us” and “our” refer to NE SEED. NE SEED offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you. 

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 
You must not transmit any worms or viruses or any code of a destructive nature. 
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - ORDERING TERMS AND CONDITIONS

Payment Terms

Full payment is due with each order. Discover, Visa, Mastercard and American Express are accepted for mail, phone and neseed.com orders. PayPal is also accepted for neseed.com orders. We will accept checks or money orders by mail via the mail order form found in our hard copy catalog. No cash or stamps through the mail will be accepted. When ordering by mail, please complete the order blank and include check/M.O. payment or if ordering by credit card, complete the card number, expiration date and card holder signature sections. Returned checks will carry a $30.00 service fee. All past due invoices must be paid prior to shipping any orders. Items will not ship until payment is received. For credit accounts or other methods of payment please call our office at (800) 825-5477.

Credit Accounts

We offer open accounts to Federal, State, County and Municipal agencies. All others must have a valid Discover, Visa, Mastercard, or American Express account to secure their account. For information on opening a credit account, call our Customer Service representative at (800) 825-5477 or write to NESEED, Credit Dept., 122 Park Ave., Building H, East Hartford, CT 06108. Applications for credit require 3 trade references, take 2-3 weeks for processing and must include telephone numbers and addresses of references. Credit accounts left inactive for over 2 years will require a new credit application.

Credit Payment Terms (Credit Accounts)

Invoices for credit account purchases are due and payable within 45 days of the invoice date. Invoices not paid within 45 days are automatically assessed the legally permissible maximum finance charge of 18% APR (1.5% per month) and every 30 days thereafter. Credit accounts must be opened with Visa, Discover, Mastercard, or American Express numbers and will be automatically charged to your credit card after 60 days plus accrued interest. Accounts not paid after 120 days are canceled and referred to our collection agency. You agree to pay NESEED all collection costs including but not limited to reasonable attorney’s fees.

Prices

All prices in our hard copy catalog and neseed.com are subject to change without notice; but we will not change our price unless absolutely necessary. Orders will be invoiced at the price prevailing at the time of shipment. Although every effort is made to keep pricing as accurate as possible, NESEED will not be responsible for pricing errors. NESEED is not responsible for honoring third party pricing, discount claims, terms and conditions or offers. Such third parties include, but are not limited to, coupon websites, social media posts, blogs, resellers and other avenues beyond our control.

Back Order Policy

All items will be back-ordered unless the item is sold out or a crop failure. Unless the customer notifies NESEED in writing, all back-orders shall be shipped. If payment is over the amount which is filled, the difference will be credited to you and applied toward your next purchase. Credits left on accounts for over 1 year will be deleted. Items MAY NOT be added to any back-order.

COD Shipment

NESEED does not ship COD.

Delivery

Please allow 7–10 business days for delivery. Shipping and handling for all seed orders $175.00 and above are free of charge in the continental United States (seeds only, hardgoods excluded). All seed orders under $175.00 are subject to a shipping and handling charge in the continental United States (seeds only, hardgoods excluded). For the aforementioned shipping methods, we normally ship by first class priority mail or UPS at our discretion. By choosing a shipping method other than free or flat-rate (e.g. UPS, FedEx, etc.), the customer agrees to decline flat-rate and free shipping methods and abide by the pricing and shipping method chosen. Items that need to be delivered sooner (such as overnight) or items that will be shipped outside the continental United States will require additional charges.

International Sales (Outside Continental United States)

Due to varying postal rates and customs regulations, specific rates and billing will be applied to all orders. A Phytosanitary certificate is required and must be obtained by NESEED before items can be shipped. For NESEED to obtain this certificate, the customer must first purchase the certificate on neseed.com. Items will not ship unless this Phytosanitary certificate is obtained. All international shipping is at the customer’s risk.

Return of Merchandise

NESEED will not accept the return of any opened seed packages or goods. Proper authorization and shipping instructions are required before returns are accepted. Unauthorized returns will be refused and sent back at the customer’s expense. No returns will be accepted after 30 days from time of invoicing. A 25% restocking fee will be charged on all returns. All returns must have proper authorization code on package before return is valid. All special orders can not be returned and will not be accepted.

Claims

We are not responsible for damage after delivery to the carrier. All claims for storage and damage must be reported to NESEED by calling (800) 825-5477 immediately. Customers will then receive further directions on the claim from NESEED.

Delays in Delivery

Seller shall not be responsible for any loss or damage caused by delays in delivery from weather, strikes, acts of war, fire, casualty, inability to obtain materials or other causes beyond our control.

Recommendations

All recommendations made by us are compiled from recognized horticultural sources. We are not responsible for damage or failure because of any recommendations given by NESEED Co. personnel.

Descriptions and Illustrations

The descriptions of plants in our catalog and website have been prepared from our trial observations, reports from suppliers and other trial or experimental situations. Illustrated specimens have been grown and photographed under favorable conditions. Though they describe what has been observed and documented, they do not necessarily predict what can be expected under all circumstances. Variation from the color shown in our hard copy catalog or website can be expected as a result of screen viewing device and color profiles, film, printing ink, camera color balance, daylight color temperature and other catalog production techniques as well as soil, climate and other growing conditions. NESEED will not be held responsible for pricing, typographical, description or illustration differences or errors.

Business Hours

We are open for business Monday through Friday from 8:00 a.m. until 5:00 p.m. EST. Orders can be placed in our online store 24-7. Orders are shipped during business hours.

To Place Your Order

Call toll free: (800) 825-5477 or fax your mail order to: (877) 229-8487.
Order online 24/7 at www.neseed.com
For order status or inquiries call: (800) 825-5477.

Warranty and Limitation of Liability

In lieu of all other warranties, expressed or implied (included any implied warranty or merchantability or fitness for a particular purpose) and all other obligations or liabilities, we warrant to the extent of the purchase price that the seeds we sell are as described by us on our container, within recognized tolerances. Liability, whether contractual, for negligence or otherwise, is limited in amount to the purchase price of the seeds under all circumstances and regardless of the nature, cause or extent of the loss and as a condition to any liability on our part. We must receive notice by registered mail or any claim that the seeds are defective within 10 days after the defect of the seeds become apparent. Seeds not accepted under their terms and conditions must be returned at once in their original unopened containers within 10 days and the purchase price will be refunded. Notwithstanding the above, all claims shall be submitted within 90 days of invoice date. All claims shall be submitted with original NESEED Packaging.

Terms and Conditions Through Other Service Providers

Terms and conditions for NESEED orders placed through services such as, but not limited to, Amazon may be partially governed by their own terms and conditions and, in some instances may supercede our terms and conditions. NESEED reserves the right to modify pricing, payment, shipping and delivery policies when using such services.

SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. 
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY] 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. 
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

For more details, please review our Refund Policy: [LINK TO REFUND POLICY] 

SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service. 

SECTION 9 - THIRD-PARTY LINKS/ACCESS
Certain content, products and Services available via our Service may include materials from third-parties. 
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Trusted third parties, approved by NE Seed, may at some time be given full, temporary access to the back-end of the website for the technical purposes of diagnosing, repairing and/or improving the website. This access can include and not be limited to ftp, server functions, and databases.

SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY] 

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful 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, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. 
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall NE SEED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless NE SEED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SECTION 16 - 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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). 

SECTION 18 - ENTIRE AGREEMENT
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. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States. 

SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. 

SECTION 21 - COPYRIGHT AND TRADEMARKS
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of neseed.com. The collective work includes works that are licensed to neseed.com. Copyright 2024, neseed.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with neseed.com or purchasing neseed.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with neseed.com or to purchase neseed.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by neseed.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

All trademarks, service marks and trade names of neseed.com used in the site are trademarks or registered trademarks of neseed.com

SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@neseed.com. 
Our contact information is posted below: 
NE SEED
info@neseed.com 
122 Park Avenue, East Hartford CT 06108, United States
(800) 825-5477