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Terms of Use

Before you browse or use the Soil and Seeds™ Web Site (the 'Site') you should know your additional rights, privileges and restrictions. Please read the following terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the "Agreement").

Duties, Taxes and Licenses
All duties, taxes and licenses incurred while shopping at Soil and Seeds™ are the sole responsibility of the customer. Soil and Seeds™ cannot be held responsible (nor vouch) for any orders with pending taxes, duties or licenses.

Risk of Loss
We use the United States Postal Service to ship all items. This is a very reliable service. Please note that all items purchased from Soil and Seeds™ are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the USPS.

Copyrights, Trademarks and other Intellectual Property Rights
Please respect the efforts that went in to building this Site. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Soil and Seeds™. This includes but is not limited to Soil and Seeds™, Seeds™, SandArt, Waterproof Scriptures™ Vista Collection™. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Soil and Seeds™.

All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.

The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use. You may download the downloadable materials specifically offered on the Site for your personal use only, unless otherwise agreed to in writing by Soil and Seeds™ - we do make exceptions churches, religious organizations, non-profits, etc. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of Soil and Seeds™. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of Soil and Seeds™.

License and Site Access
Soil and Seeds™ grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Soil and Seeds™. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Soil and Seeds™ and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Soil and Seeds™'s name or trademarks without the express written consent of Soil and Seeds™. Any unauthorized use terminates the permission or license granted by Soil and Seeds™. You may be granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Soil and Seeds™ only after expressed written consent by Soil and Seeds™. You may not use any Soil and Seeds™ logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account
If you use this site, 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. We do maintain secure connections using 128-bit encryption to ensure communication with this Site is secure. Soil and Seeds™ does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Soil and Seeds™ only with involvement of a parent or guardian. Soil and Seeds™ and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Soil and Seeds™ or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Soil and Seeds™' property. Such disclosure, submission or offer shall constitute an assignment to Soil and Seeds™ of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.

Electronic Communications
When you visit Soil and Seeds™ or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT SOIL AND SEEDS™ SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.

Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Soil and Seeds™. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.

Indemnification
You agree to indemnify, defend and hold harmless Soil and Seeds™ and its affiliates and related parties against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing Soil and Seeds™ under your account.

Governing Law
The Site is created and controlled by Soil and Seeds™ in the State of California. The laws of the State of California will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.

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