ONLINE SERVICES SOLD THROUGH PORTAL
Sandy Seeds offers a variety of online services for trial or purchase through this Portal (collectively, “Services”).
ACCOUNT, PASSWORD AND SECURITY
If any part of the Portal requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will also be required to choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Sandy Seeds immediately of any unauthorized use of your account or any other breach of security. Sandy Seeds will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sandy Seeds or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
NOTICE REGARDING PORTAL AND SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL
IN NO EVENT WILL SANDY SEEDS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PORTAL, INCLUDING WITHOUT LIMITATION ANY SOFTWARE OR DOCUMENTS AVAILABLE VIA THE PORTAL.
EDUCATIONAL MATERIAL AVAILABLE FROM THE PORTAL
Any Intellectual Property that is made available on or to download from the Portal (“EM”) is the copyrighted work of Sandy Seeds and/or its suppliers. Use of the EM is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). Any use, reproduction or redistribution of the EM not in accordance with the License Agreement is expressly prohibited by law, and may result in civil or criminal penalties.
THE IP IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SANDYSEEDS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE EM, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, SANDYSEEDS MAY MAKE AVAILABLE THROUGH THE PORTAL TOOLS OR UTILITIES FOR USE AND/OR DOWNLOAD. SANDYSEEDS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS OR UTILITIES.
DOCUMENTS AVAILABLE FROM THE PORTAL
Permission to use documents, that are made available on the Portal is granted, provided that (a) you do not remove or obfuscate any copyright notice, (b) the copyright notice must appear in all copies, together with the content of this permission notice, (c) use of the Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (d) no modifications of the Documents are made. Use for any other purpose is expressly prohibited by law, and may result in civil or criminal penalties.
Documents specified above do not include the design or layout of the Portal. Elements of the Portal are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Portal may be copied or retransmitted unless expressly permitted by Sandy Seeds.
SANDYSEEDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS FOR ANY PURPOSE. THE DOCUMENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SANDYSEEDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
INTELLECTUAL PROPERTY RIGHTS
Sandy Seeds or its suppliers retain all right, title and interest in and to the Portal, including all copyrights, patents, trade secrets, trademarks and other intellectual property rights. Sandy Seeds reserves all rights not expressly granted.
1. SITE OPERATION: United Arab Emirates is our Country of Domicile. Sandy Seeds controls this Site from the U.A.E. Sandy Seeds makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
3. MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
5. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. Sandy Seeds will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
6. REPRESENTATIONS BY YOU. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Sandy Seeds through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
7. PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Sandy Seeds to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Sandy Seeds to do so. The content and software on this Site is the property of Back 9 Solutions. The cardholder must retain a copy of transaction records and Merchant policies and rules.
8. YOUR ACCOUNT. If you use the Sandy Seeds Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
9. NO REFUND POLICY. Although an account can be cancelled at any time, a refund for that month’s payment will not be issued.
NO COMMERCIAL USE. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Back 9 Solutions prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Sandy Seeds will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS. The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. Sandy Seeds has no control over these sites or the content within them. Sandy Seeds does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Sandy Seeds does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Sandy Seeds or Back 9 Solutions for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at firstname.lastname@example.org or email@example.com
COPYRIGHT POLICY. Sandy Seeds may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
You acknowledge and agree that Sandy Seeds will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At Sandy Seeds request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Sandy Seeds or perfect these rights, titles or interests in Sandy Seeds name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. SANDY SEEDS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. SANDY SEEDS ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. SANDY SEEDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF BACK 9 SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF SANDY SEEDS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
LICENCE GRANTED TO YOU. By providing materials to Sandy Seeds, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Sandy Seeds an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Sandy Seeds may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Sandy Seeds for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Sandy Seeds. Any communication or materials you send to Sandy Seeds will be treated as non- confidential and non-proprietary and may be disseminated or used by Sandy Seeds for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
ADVERTISING. The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Sandy Seeds is not responsible for the acts or omissions of any advertiser or sponsor.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
sandyseeds.com collects certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information, and is gathered to improve the performance of the website. The anonymous data collected by the Sandy Seeds website can include information such as the type of browser you are using, and the length of the visit to the website. You may also be asked to provide personally identifiable information on the Sandy Seeds website, which may include your name, address, telephone number and e-mail address. This information can be gathered when feedback or e-mails are sent to sandyseeds.com, when you register for services, or make purchases via the website. In all such cases you have the option of providing us with personally identifiable information.
1. USE AND DISCLOSURE OF INFORMATION. Except as otherwise stated below, we do not sell, trade or rent your personally identifiable information collected on the site to others. The information collected by our site is used to process orders, to keep you informed about your order status, to notify you of products or special offers that may be of interest to you, and for statistical purposes for improving our site. We will disclose your Delivery information to third parties for order tracking purposes or process your check or money order, as appropriate, fill your order, improve the functionality of our site, perform statistical and data analyses deliver your order and deliver promotional emails to you from us. For example, we must release your mailing address information to the delivery service to deliver products that you ordered.
2. All credit/debit cards’ details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties
COOKIES. Cookies are small bits of data cached in a user’s browser. sandyseeds.com utilizes cookies to determine whether or not you have visited the home page in the past. However, no other user information is gathered.
sandyseeds.com may use non-personal “aggregated data” to enhance the operation of our website, or analyze interest in the areas of our website. Additionally, if you provide sandyseeds.com with content for publishing or feedback, we may publish your user name or other identifying data with your permission.
sandyseeds.com may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. back9solutions.com may also provide such personally identifiable information in response to a law enforcement agencies request or as otherwise required by law. Your personally identifiable information may be provided to a party if sandyseeds.com files for bankruptcy, or there is a transfer of the assets or ownership of sandyseeds.com in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions.
3. SECURITY. sandyseeds.com takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, sandyseeds.com cannot guarantee the security of any information that is disclosed online.
4. OTHER WEBSITES. sandyseeds.com is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third parties. Please be aware that our sites may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those Web sites linked to our site is not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.
MINORS. sandyseeds.com does not knowingly collect personal information from minors under the age of 18. Minors are not permitted to use the sandyseeds.com website or services, and sandyseeds.com requests that minors under the age of 18 not submit any personal information to the website. Since information regarding minors under the age of 18 is not collected, sandyseeds.com does not knowingly distribute personal information regarding minors under the age of 18.
CORRECTIONS AND UPDATES. If you wish to modify or update any information sandyseeds.com has received, please contact firstname.lastname@example.org.