[Last Updated April 24, 2020]
Welcome to Seedailyshop. The Seedailyshop.com website, Seedailyshop mobile apps, and our mobile Seedailyshop site are collectively the “Seedailyshop Properties” and each individually is a “Seedailyshop Property.” By using any Seedailyshop Property and its related services, products, and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when you create an account, make a purchase as a guest, or log in to any Seedailyshop Property. Additional or separate terms may apply to your interactions with other Seedailyshop websites, Seedailyshop or Geek Squad® locations, and to your use of individual services or features available on a Seedailyshop Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. We may make changes to any Seedailyshop Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Seedailyshop Properties.
- Use of the Seedailyshop Properties
You may use the Seedailyshop Properties for your personal, noncommercial use only. You may not use any Seedailyshop Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Seedailyshop Properties only with involvement of a parent or guardian.
- Information on Our Site
We try to be as accurate as possible with the information we present on the Seedailyshop Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
- Paying for Your Order
Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For digital items, we’ll charge your payment method when you initiate the download of the product or the product is placed in your account and available for use. For special-delivery items, we’ll charge your payment method when you confirm a delivery time. However, we will preauthorize your order amount (including for pre-orders) with your payment method at the time you place the order, which may have an effect on your available credit line. If a preauthorization of a pre-order expires before fulfillment, the preauthorization will be reversed and another preauthorization will be made closer to the confirmed availability date.
- Order Confirmation
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address you provide to us. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
- My Seedailyshop® Program
When you create an account on a Seedailyshop Property, we will automatically enroll you in the My Seedailyshop program. The My Seedailyshop program is a free program in which you receive points toward reward certificates, which are coupons for discounts on future purchases at Seedailyshop.
- Proprietary Rights
All content included on or comprising the Seedailyshop Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content”) is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Seedailyshop owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Seedailyshop and Geek Squad logos and other trademarks on the Seedailyshop Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Seedailyshop and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
- User Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Seedailyshop Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Seedailyshop a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Seedailyshop to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
- Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material may have been infringed, please provide the Seedailyshop Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, your email address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Seedailyshop designated agent to receive notifications of claimed infringement can be reached by:
Fort Myers, FL 33903
- Disclaimers and Limitation of Liability
SEEDAILYSHOP PROVIDES THE SEEDAILYSHOP PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE SEEDAILYSHOP PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SEEDAILYSHOP PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A SEEDAILYSHOP PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SEEDAILYSHOP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY SEEDAILYSHOP PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A SEEDAILYSHOP PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A SEEDAILYSHOP PROPERTY OR SEEDAILYSHOP GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
- Links to Third-Party Websites
Certain software or other materials (“Software”) that you may obtain through the Seedailyshop Properties may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulations, and you will not transfer, or encourage, assist, or authorize the transfer of any Software to a prohibited country or otherwise in violation of any restriction, law, or regulation.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Seedailyshop Properties only for lawful purposes. Activities including, but not limited to, tampering with any Seedailyshop Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Seedailyshop Properties are prohibited.
You may not violate or attempt to violate the security of the Seedailyshop Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Seedailyshop Property for unintended purposes or trying to change the behavior of any Seedailyshop Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Seedailyshop Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Seedailyshop (impersonating Seedailyshop) or to any Seedailyshop Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Seedailyshop, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Seedailyshop Property or any activity being conducted on any Seedailyshop Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Seedailyshop Property other than the search engine and search agents we provide and generally publicly available browsers.
- Dispute Resolution by Binding Individual Arbitration
ANY DISPUTE INVOLVING YOU AND SEEDAILYSHOP OR ANY OF ITS AGENTS SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION, EXCEPT AS OTHERWISE NOTED BELOW.