Terms and Condition
SENSIBLE SEEDS PREMIUM
TERMS AND CONDITIONS
ABOUT SENSIBLE SEEDS PREMIUM:
Sensible Seeds Premium is an online service offering seed products Our products are novelty and souvenir items and offered for legal, lawful and non-commercial use only.
Please also read our Legal Notice and Medical Disclaimer, respectively, which should be treated as part of these Terms and Conditions as they explain the legality of our products and your obligations.
The sale, possession, importation, trafficking and transportation of feasible cannabis seed, and many of the other products we sell, is illegal in most countries. We advise you, our valued customer, to check your local laws before placing an order, and take your own independent legal advice where considered necessary or desirable. By using this site, you warrant that you have done so prior to placing an order with us.
For the avoidance of doubt and the abundance of clarity: It is your responsibility to undertake these due diligences and Sensible Seeds Premium cannot accept any liability or responsibility whatsoever for the consequences of your decisions and actions, including (without limitation) claims, actions, legal or court fees, or any combination of these, brought against yourself or any other person in connection with any use of products ordered from this site.
You agree not to ask Sensible Seeds Premium questions in regards to the germination or cultivation of cannabis seeds or the legality or lawfulness of these activities anywhere in the world. We will refuse to serve you and we may suspend or terminate your account with us (without refund or compensation) if you give us any inclination that you are intending to break the law.
In any event, in using this site you also acknowledge and accept that Sensible Seeds Premium cannot held be responsible for seed viability. We act as a middle man to the breeders and seed banks and quality control is not in our hands. If you do have a question about seed quality you should contact the breeder or seed bank directly.
This agreement applies as between you, the User of this Website and Sensible Seeds Premium, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
|means any third party responsible for transporting purchased Goods from our Premises to customers;
|means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
|means any products that Sensible Seeds premium advertises and / or makes available for sale through this Website;
|“Sensible Seeds Premium”
|Trades under the parent company of Sensible Gifts Ltd., a company registered in England & Wales at the Cardiff office of Companies House under Company Registration Number 04051850, of registered office 205 West Street, Fareham, Hampshire, United Kingdom, PO16 0EN;
|means collectively any online facilities, tools, services or information that Sensible Seeds Premium makes available through the Website either now or in the future;
|means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
|means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
|means our place(s) of business located in the United Kingdom;
|means any online communications infrastructure that Sensible Seeds Premium makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
|“User” / “Users”
|means any third party that accesses the Website and is not employed by Sensible Seeds Premium and acting in the course of their employment; and
|“Website” or “Site”
|means the website that you are currently using http://localhost:8888/sensible/ and any sub-domains of this site unless expressly excluded by their own terms and conditions.
You warrant that either:-
2.1. you are at least 18 years old AND of the age of majority in your jurisdiction; or
2.2. you are using his Website under the supervision of a responsible Adult who is (that is to say, an adult who meets the stipulation in sub-clause 2.1 above).
If sub-clause 2.2 applies, then Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions do not apply to customers buying Goods in the course of business. If you are a business, you must not use this Website.
If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination. Sensible Seeds Premium is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Sensible Seeds Premium cannot guarantee that the packaging of your Goods will be free of signs of tampering. If you have ordered goods that contravene your local laws and such goods are taken by customs then Sensible Seeds Premium cannot be held responsible for the loss.
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Sensible Seeds Premium or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Sensible Seeds Premium.
Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Websites
This Website may contain links to other sites. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of this Website without prior permission. Deep linking (i.e. links to specific pages within this Website site) requires the express permission of Sensible Seeds Premium. To find out more please contact us by email us at firstname.lastname@example.org
Use of Communications Facilities
10.1 When using the ordering system, enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1 You must not use obscene or vulgar language;
10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3 You must not submit Content that is intended to promote or incite violence;
10.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6 You must not impersonate other people, particularly employees and representatives of Sensible Seeds.
10.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Sensible Seeds Premium reserves the right to monitor any and all communications made to us or using our System.
10.3 You acknowledge that Sensible Seeds Premium may retain copies of any and all communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11.1 In order to purchase Goods on this Website and to use the enquiry form facilities you are required to submit certain personal details and Payment Information. You also have the option of creating an Account with us. The information we need from you to purchase Goods or create an Account, or both,may vary based upon your use of the Website as we may not require Payment Information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1 all information you submit is accurate and truthful;
11.1.2 you have permission to submit Payment Information where permission may be required; and
11.1.3 you will keep this information accurate and up-to-date.
Your continued use of this Website is further affirmation of your representation and warranty.
11.2 It is recommended that you do not share your Account details, particularly (without limitation) any username and password that may have been provided to you. Sensible Seeds accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Sensible Seeds Premium immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Sensible Seeds Premium accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
Termination and Cancellation
12.1 Either Sensible Seeds Premium or you may terminate your Account. If Sensible Seeds Premium terminates your Account, you will be notified by email. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2 Sensible Seeds Premium also reserves the right (in its sole and absolute discretion) to terminate any current or pending purchases on your Account, in which case they will not be dispatched. This right may be exercised by Sensible Seeds with or without termination of your Account.
12.3 Sensible Seeds Premium reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
Goods, Pricing and Availability
13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Sensible Seeds correspond to the actual Goods, Sensible Seeds Premium is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
13.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3 Sensible Seeds Premium does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
13.4 All pricing information on the Website is correct at the time of going online. Sensible Seeds Premium reserves the right to change prices and alter or remove any special offers from time-to-time and as necessary. Pricing information is reviewed and updated from time-to-time.
13.5 In the event that prices are changed during the period between an order being placed for Goods and Sensible Seeds Premium processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
14.1 We do not guarantee the delivery of your order within a specified period of time as this depends on the performance of the relevant postal services (in relation to which we have no influence or control), however we will normally dispatch your order by or before close of business on the first business day following receipt of cleared payment from you.
14.2 Once your package has entered your domestic postal system, please contact the relevant postal service directly information on the progress of the shipment.
14.3 In the rare case that you have not received your Goods by close of business on the twenty-eighth (28th.) day following your order, then please contact us. Once you have done so, we will make enquiries to try and track down your parcel with the relevant postal service.
14.4 Customers must accept that there is a risk of the shipment being intercepted and confiscated by local authorities. This is rare but does happen on occasion and we cannot re-send the goods or offer you a refund should this occur.
14.5 In certain cases, we can offer an insurance-backed guarantee of your shipment. In the event of non-delivery for any reason, we will re-send a guaranteed shipment Though the insurance will not cover packages that have been sent tracked and the tracking says it has been delivered – you will need to take this up with your postal service to remedy. Please note that the insurance will only cover one attempt at re-shipment. The insurance is also voided if you enter an incorrect delivery name (not the name on the mail box) or address, as it is your responsibility to ensure we have the correct information to ship your parcel to.
14.6 Sensible Seeds Premium will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.7 If Sensible Seeds Premium receives no communication from you, within fourteen (14) days of delivery, regarding any problems with the Goods, you are deemed to have received satisfactory Goods from us that are fit for purpose.
14.8 Please be aware of your country’s rules on importing seeds.
Seeds and growing maybe legal within your State but still illegal to import seeds into your country without an import permit and phytosanitary certificate. Please carefully choose your shipping options at checkout.
Regular Airmail- Seeds are sent in the original breeder packs in a padded envelope. The customs label will have a description of Railway/Car model parts. Regular airmail is not tracked and if you do not receive your order, we will not replace/resend your order.
Regular Airmail- Superstealth- Seeds are taken out of original breeder packs and placed in either small, numbered zip lock bags or in the corrugated holes of cardboard and sent as a letter in a padded envelope or depending on how many seeds have been ordered. We will email you the seed codes. ( If you would like the breeder packs to be sent on, please request this in customer notes at the time of ordering) The customs label will have the description of a letter or Railway/Car model parts. Regular airmail is not tracked and if you do not receive your order, we will not replace/resend your order.
Standard Tracked- Seeds are sent in the original breeder packs in a padded envelope. The customs label will have a description of Railway/Car model parts. Your package is digitally tracked, and you can see its progress of your package on your country’s national postal site. If your order is stopped at customs or is lost in the postal system and you do not receive your order, we will not replace/resend your order, but will offer a 30% discount to reorder if the tracking shows it has not been delivered. If the tracking shows it has been delivered to the correct address and you inform us that you, have not received your package, we will not offer a 30% discount.
Superstealth Tracked- Seeds are taken out of original breeder packs and placed in either small, numbered zip lock bags or in the corrugated holes of cardboard. The cardboard is stuck to the inside of the box of a craft toy/set, or if in small zip lock bags, they are concealed within a craft set. We also send superstealth in craft bead sets. seeds are mixed in with the beads, and if the order is large, we will use a cotton shoulder bag with a hidden pocket, we email you your seed codes. ( If you would like the breeder packs to be sent on, please request this in customer notes at the time of ordering) The customs label will have the description of the craft/toy set used. Tracked is digitally tracked and you can see its progress of your package on your country’s national postal site. If your order is stopped at customs or is lost in the postal system and you do not receive your order, we will not replace/resend your order, but will offer a 30% discount to reorder if the tracking shows it has not been delivered. If the tracking shows it has been delivered to the correct address and you inform us that you, have not received your package, we will not offer a 30% discount.
Superstealth-Tracked-Insured-(up to £150-£400) Seeds are taken out of original breeder packs and placed in either small, numbered zip lock bags or in the corrugated holes of cardboard. The cardboard is stuck to the inside of the box of a craft toy/set, or if in small zip lock bags, they are concealed within a craft/toy set. We also send superstealth in craft bead sets, seeds are mixed in with the beads, and if the order is large, we will use a cotton shoulder bag with a hidden pocket, we email you your seed codes. ( If you would like the breeder packs to be sent on, please request this in customer notes at the time of ordering) The customs label will have the description of the craft/toy set used. Your package is digitally tracked, and you can see its progress of your package on your country’s national postal site. If your order is stopped at customs or does not show delivered on the tracking, we WILL send your order again to you one more time. If it shows delivered on the tracking, we will not resend.
Courier-Tracked-Insured-(up to £150-£400) It is a little bit costly, but courier has been our safest and quickest method of shipping. Seeds are always sent superstealth, Seeds taken out of breeder packs and placed in small, numbered zip lock bags, wrapped in some bubble wrap, and placed in a hidden pocket of a shoulder bag. We will email you the seed codes and can if you would like we can send you a video of how to find the seeds in the bag. ( If you would like the breeder packs to be sent on, please request this in customer notes at the time of ordering). We normally use DHL, and UPS, TNT, and FedEx, depending on destination country. The customs documentation will declare we are sending a Cotton Eco shoulder bag. You can track your package on the courier’s website. If your package does not show delivered on the tracking, we will resend your order up to the value of £400. Couriers request a signature upon receiving your package. If you are out and they message you asking permission to leave the parcel without a signature and you agree to this, we or the courier company cannot be held responsible if it goes missing and we will not resend your order. It is better to opt for a different delivery time when you will be in or arrange to pick up.
Sensible Seeds Premium always aims to provide high quality Goods that are satisfactory, fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
Please use this address for the return of any Goods in accordance with the Terms and Conditions in this clause 15, and for any other correspondence:-
Sensible Gifts LTD
- 90 Church Road
15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. In these circumstances, Sensible Seeds Premium is responsible for paying your reasonable shipment costs, which shall be refunded to you on satisfactory receipt of the returned Goods. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Sensible Seeds within 28 days to arrange collection and return. Sensible Seeds Premium is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3 If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
15.4 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Sensible Seeds Premium within 10 days and arrange collection and return. Sensible Seeds Premium is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.5 You have no statutory right to a “cooling off” period and in using our site and placing an order with us, you agree that any such right you may have in law is waived and does not apply.
15.6 If you wish to return Goods to Sensible Seeds Premium for any of the above reasons, please contact us to make the appropriate arrangements.
15.7 Sensible Seeds Premium reserves the right to reasonably exercise its discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.7.1 Any use or enjoyment that you may have already had out of the Goods;
15.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.7.3 The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
15.7.4 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
15.7.5 We have reason to believe you are attempting to germinate cannabis seeds.
Such discretion to be exercised only within the confines of the law.
15.8. If you would like to exchange your Goods for different products in our range, you may do so within seven (7) days of receiving them. Goods returned for exchange must be in a new and unused condition. In particular (and without limitation), please note that we cannot accept returns, replace or refund seeds that have been removed from breeders packs. All legal highs returned must be unopened and in the original packaging.
15.9. When returning your Goods for exchange, please detail which Goods you would like as replacements. We will charge your card for the cost of sending these replacements out to you, and any balance that your updated order may incur will either by charged or refunded to you as the case may be. Please note that our Returns policy in this clause 15 continues to apply to any replacement Goods that may be sent to you on an exchange basis.
16.1 Sensible Seeds Premium makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
16.4 Whilst Sensible Seeds Premium uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Changes to the Service and these Terms and Conditions
Sensible Seeds Premium reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Sensible Seeds is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Website
18.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
18.2 Sensible Seeds Premium accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- Limitation of Liability
19.1 To the maximum extent permitted by law, Sensible Seeds accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
19.2 Nothing in these Terms and Conditions excludes or restricts Sensible Seeds Premium liability for death or personal injury resulting from any negligence or fraud on the part of Sensible Seeds.
19.3 Nothing in these Terms and Conditions excludes or restricts Sensible Seeds Premium liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods.
19.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Sensible Seeds.
23.1 All notices / communications shall be given to us either by post to our Premises (see address above) or you can email us at email@example.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
23.2 Sensible Seeds Premium may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link provided.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Sensible Seeds Premium shall be governed by and construed in accordance with the Law of England and Wales and and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to http://localhost:8888/sensible, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Sensible Seeds Premium reserves the right to end the Program at any time. Upon program termination, Sensible Seeds Premium will pay any outstanding earnings accrued above $20.
Sensible Seeds Premium, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Sensible Seeds Premium service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Sensible Seeds Premium reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Sensible Seeds Premium will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Sensible Seeds Premium to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sensible Seeds Premium and govern your use of the Service, superceding any prior agreements between you and Sensible Seeds Premium (including, but not limited to, any prior versions of the Terms of Service).