TERMS AND CONDITIONS OF SITE USE ACCEPTANCE OF THE CONTRACT TERMS
This Web site is offered to the user conditioned on acceptance
by the user ("You") without modification of the
terms, conditions, and notices contained herein. By visiting,
browsing, shopping, accessing or using this Web site, you
are deemed to have agreed to all such terms, conditions, and
notices (the "Agreement").
PRIVACY POLICY
Please review our Privacy Policy,
which also governs your visit to this site.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of
your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities
that occur under your account or password. If you are under
18, you may use the Site only with a parent or guardian. seedigi
reserves the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in its sole discretion,
with or without reason, with or without advanced notice.
USE RESTRICTIONS
The copyright in all material provided on this Site is held
by seedigi or by their respective owners. Except as stated herein,
none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted
in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of seedigi or the copyright
owner. Permission is granted to display, copy, distribute
and download the materials on this Site for personal, non-commercial
use only, provided you do not modify the materials and that
you retain all copyright and other proprietary notices contained
in the materials. This permission terminates automatically
if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials.
You also may not, without seedigi's prior written permission,
"mirror" any material contained on this Site on
any other server. Any unauthorized use of any material contained
on this Site may violate copyright laws, and trademark laws.
LIMITATION OF LIABILITY
THE MATERIALS, INFORMATION, SOFTWARE, AND SERVICES PUBLISHED
ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS AND/OR INCORRECT OR LIKE KIND PRODUCT IMAGES. SEEDIGI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE MATERIALS, INFORMATION, SOFTWARE, AND SERVICES CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS, INFORMATION,
SOFTWARE, AND SERVICES ARE PROVIDED "AS IS", WITHOUT
WARRANTY OF ANY KIND.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SEEDIGI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE
USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILIATY OR OTHERWISE,
EVEN IF SEEDIGI OR A SEEDIGI AUTHORIZED REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF
MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY
COSTS THEREOF. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
LINKS TO THIRD PARTIES' WEB SITES
This Web site may contain hyperlinks to Web sites operated
by third parties other than seedigi. Such hyperlinks are provided
for your references only. seedigi does not control such Web
sites and is not responsible for their contents. seedigi's inclusion
of hyperlinks to such Web sites does not imply any endorsement
of the material on such Web sites or any association with
their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
seedigi reserves the rights to revise the terms and conditions
of this Agreement at any time. By using this Site, you agree
to be bound by any such revisions in effect at the time of
use and should therefore periodically visit this page and
the Privacy Policy page to determine the current policies
applicable to users of the Site.
GENERAL
If any portion of this Agreement is found to be void or unenforceable,
it will be severed, leaving in force the remainder of this
Agreement. If any legal action is commenced to enforce or
interpret any provision of this Agreement, the prevailing
party will be entitled, in addition to its court costs, to
such reasonable attorneys’ fees, expert witness fees
and legal expenses as will be fixed by the court. This Agreement
will be governed by the laws of the State of California, not
including principles of choice of law and conflicts of law.
All actions or proceedings arising in connection with this
Agreement will be tried in state or Federal courts located
in Los Angeles County, State of California, unless such action
or proceedings are required to be brought in another court
to obtain subject matter jurisdiction over the matter in controversy.
BOTH YOU AND SEEDIGI WAIVE ANY RIGHT TO ASSERT THE DOCTRINE
OF FORUM NON CONVENIENS, TO ASSERT THAT EITHER YOU OR SEEDIGI
ARE NOT SUBJECT TO THE JURISDICTION OF SUCH COURTS, OR TO
OBJECT TO VENUE TO THE EXTENT ANY PROCEEDING IS BROUGHT IN
ACCORDANCE WITH THIS SECTION.
No failure or delay by YOU or by SEEDIGI in exercising any right,
power or privilege under this Agreement will operate as a
waiver thereof, nor will any single or partial exercise thereof
preclude any other or further exercise thereof or the exercise
of any right, power or privilege hereunder.
YOU HEREBY WAIVE, AND BY ACCEPTING THE BENEFIT OF THIS AGREEMENT
SEEDIGI HEREBY WAIVES, ANY RIGHT EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CLAIMS ARISING UNDER THIS AGREEMENT OR
IN CONNECTION WITH THE MATTERS PROVIDED FOR HEREIN.
INDEMNITY
As a condition of use of this Web site, you agree to indemnify
seedigi from and against any and all liabilities, expenses (including
attorneys' fees) and damages arising out of claims resulting
from your use of this Web site, including without limitation
any claims alleging facts that if true would constitute a
breach by you of these terms and conditions.