Seed Health Website Terms and Conditions
PLEASE READ SECTIONS 13, 14, AND 15 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING SEED HEALTH, THESE TERMS, OR OUR PRIVACY POLICY, INCLUDING BINDING ARBITRATION, A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION, AND A WAIVER OF THE RIGHT TO HAVE A TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE, SUBSCRIBE TO OUR PRODUCTS, OR USE OUR SERVICES.
See Seed Health Subscription Terms and Conditions here.
This website is operated by Seed Health, Inc. (including its representatives, affiliates and subsidiaries, “Seed Health”). Throughout this website (https://seed.com/) (the “Site”), the terms “we”, “us” and “our” refer to Seed Health. Seed Health offers this Site and the ability for users to explore our Site and subscription offerings, conditioned upon your acceptance of all terms, conditions, policies and notices stated in these Seed Health Website Terms and Conditions (the “Terms”). These Terms govern your access and use of the Site and any other applications, products, content, subscription and services (collectively, “Services”) made available by Seed Health. The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained in these Terms. If you do not agree to these Terms, you must not access the Site, purchase of our products or use our Services. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
By visiting our Site, purchasing our products or using our Services, you agree to be bound by the Terms. These Terms apply to all users of the Site, including without limitation users who are visitors, browsers, members, partners, and/or contributors of content.
Note that personal information that is collected on the Site and through our Services is collected and handled in accordance with our Privacy Policy.
Additional terms apply to the purchase of and subscription to Seed Health products; please see above a link to the Seed Health Subscription Terms and Conditions. Also, other terms and conditions may apply to a particular Seed Health survey or campaign. Please refer to such separate terms and conditions where applicable.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE SITE, TO USE OUR SERVICES, AND TO PURCHASE OR SUBSCRIBE TO OUR PRODUCTS. YOU MAY ONLY ACCESS AND USE THE SITE IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.
1. GENERAL CONDITIONS
You may use the Site, including the content on it solely for the purposes stated on the Site itself and as described in these Terms. You understand and agree that the Site is provided “as-is” and that Seed Health assumes no responsibility for the availability or functionality of the Site, or for the deletion, mis-delivery or failure to store any user communications or personalization settings.
2. USE OF SITE, SITE CONTENT, AND PROPRIETARY RIGHTS
The Site includes a broad array of content and functionality, including providing the ability to create an account and providing information, services, tools and resources (our “Resources”) and providing our products through a subscription program. All Resources and user interfaces, software, and other information and content, or portion or combination thereof, provided and made available by or for Seed Health in connection with the Site (collectively, “Site Content”) are to be used for only individual, non-commercial purposes. You agree not to use the Site for commercial purposes. We retain all of our right, title and interest in and to Site Content. This includes, but is not limited to, all copyrights, trademarks, patents, derivative works, moral rights, trade secrets, and proprietary information in all content that appears on the Site (other than the content of our third-party partners who have permission to appear on the Site), and in all software that we develop in connection with the Site. Nothing on the Site shall be construed as granting any license or right to use any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the Site is allowed for personal, non-commercial use only, and will not transfer title to any software or material on the Site to you. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site without express written permission by us.
3. LICENSE FROM SEED HEALTH
Seed Health grants you a limited, revocable, non-exclusive, non-transferable, and non-sub-licensable right to access and make personal use of the Site. Explicit attribution to Seed Health must be made in the event that Site Content, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express written consent of Seed Health.
4. PROHIBITED USES
You agree not to, directly or indirectly:
impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site;
use or access the Site (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law, rule or regulation;
use the Site to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Site;
distribute viruses or other harmful computer code through the Site;
use scrapers, robots, or other data gathering devices not provided by Seed Health on or through the Site; regardless of the data delivery method, neither the Site nor the Site Content may be used in conjunction with a generative AI solution;
access or use the Site or Site Content via mechanical, programmatic, robotic, scripted or any other automated means;
attempt to gain unauthorized access to the Site, Site Content, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means;
remove or modify any proprietary notice, copyright notice, or trademark legend, author attribution, or other notice placed on or contained within any of the Site or Site Content or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or security system used as part of the Site or Site Content;
upload to the Site the personal information of others that you are not authorized to provide or using the Sites to collect or track the personal information of others;
provide any content, data or information to Seed Health that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
use the Site or Site Content in a way that suggests you are a representative of Seed Health;
use the Site or Site Content as a platform for external applications, or to develop applications, services, websites, or any other functionalities that leverage the Site or Site Content;
infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;
interfere with or disrupt the proper functioning of the Site or Site Content, Seed Health’s or any third party’s systems used to host the Site, or other equipment or networks used to provide the Site or Site Content;
communicate the Site Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Site, or any part thereof;
circumvent the security of the Site or any host, network, or account related thereto;
use any application programming interface to access the Site or Site Content;
fail to use commercially reasonable efforts to prevent the unauthorized license, access, sale, transfer, lease, transmission, distribution, or other disclosure of the Site or Site Content;
allow any individual to use any account log-in credentials (e.g., user identification(s), code(s), password(s), procedure(s) and user keys) issued to, or selected by, Seed Health for someone other than the individual identified in the account information;
access or attempt to access Resources by any means other than through the means provided by Seed Health;
cause damage to Seed Health’s business, reputation, employees, members, facilities, or to any other person or legal entity;
otherwise use the Site or Site Content in any manner that exceeds the scope of use granted above; or
attempt to do any of the acts described in this Section 4, or assist or permit any person in engaging in any of the acts described in this Section 4.
Unless specifically authorized by us, you further agree not to, directly or indirectly, promote, market, advertise, offer to sell or sell any of our products through any third-party websites, mobile applications or online marketplaces including Amazon.com and Ebay.com. We actively participate in the Amazon.com Brand Registry Program and other similar programs to prevent the advertising and sale of unauthorized, unlicensed, infringing and/or counterfeit merchandise. Any unauthorized sales of our products on third-party websites, mobile applications or online marketplaces will be removed as they are discovered. Ads from online sellers offering any auctions or advertising sales will also be regularly removed or taken down.
Any use which violates these Terms, gives Seed Health the right (without notice or liability) to revoke the aforementioned license, cancel any order or subscription, or to refuse, restrict, terminate or discontinue your access to the Site or Site Content (or any portions, components, or features thereof). We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site.
5. ACCOUNT REGISTRATION AND USE
You may choose to create an account on the Site in order to access our Resources. When you create an account, you will be required to select a username and/or password and you may be required to provide certain personal information about yourself (such as identification, contact details, etc.). You agree to provide us with accurate and complete registration information, and we disclaim any liability arising from your failure to do so. We reserve the right to refuse registration of an account or terminate your account at our sole discretion, including in the event of a violation of these Terms or any actions or communications towards Seed Health’s employees or agents that consists of (in Seed Health’s sole determination) harassment, abuse, insult, defamation, slander, disparagement, intimidation or discrimination, including (but not limited to) based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
You are responsible for safeguarding your account information, including your password for your account. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify Seed Health of any unauthorized use of your password. Users are the sole creators of their accounts and Seed Health may not independently verify the information provided.
6. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We regularly update product and Service offerings on the Site. Although Seed Health attempts to provide accurate information on the Site (including as to product descriptions and pricing information), we may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or Services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
7. THIRD-PARTY LINKS
Certain content, products and Services available via the Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. USER COMMENTS, FEEDBACK, AND OTHER PERSONAL INFORMATION AND SUBMISSIONS
We may provide various open communication tools on our Site to submit comments, content, feedback, and information, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, and product ratings and reviews. You are responsible for all data, chats, texts, messages, submissions, product ratings and reviews, or other materials that you post, transmit or otherwise make available to the Site (collectively, "User Submissions"). You understand you are participating in a public forum and that any User Submissions that you submit to Seed Health and/or the Site may be available to all other Site users. Seed Health does not endorse any User Submissions, nor any opinion, representation, recommendation or advice contained therein, and Seed Health expressly disclaims any and all liability in connection with User Submissions. You agree not to include any specially regulated information in your User Submissions, including but not limited to, health information, personal identification numbers, and financial account information. By making User Submissions, you affirm that your User Submissions do not contain any such regulated information. By providing User Submissions, you waive any “moral rights” you may have in such submissions, and grant Seed Health and related entities a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, reproduce, transmit, modify, index, adapt, publish, translate, distribute, display, create derivative works from, and otherwise exploit such User Submissions and your name, persona, or likeness throughout the world in any media, and in any form, format or forum, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity. You grant all rights described in this paragraph in consideration of your use of the Site and our Services and without the need for additional compensation of any sort to you. Seed Health does not claim ownership in the User Submissions.
We may, but have no obligation to, monitor, edit or remove User Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You represent and warrant that your User Submissions will not (i) violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, (ii) contain libelous or otherwise unlawful, abusive or obscene material, or (iii) contain any computer virus or other malware that could in any way affect the operation of the Site. We have the right at our sole discretion to remove any User Submissions that we feel, in our judgment, does not comply with these Terms.
Moreover, if you provide us with any personal information relating to another individual, whether via User Submissions or otherwise, then you represent and warrant that you have the authority to do so and to permit us to use the information in accordance with these Terms and our Privacy Policy. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Submissions. You are solely responsible for any User Submissions you provide and its accuracy. You further acknowledge that by using the Site, you may be exposed to User Submissions that are offensive, indecent or objectionable to you. We take no responsibility and assume no liability for any User Submissions posted by you or any third-party.
9. PRODUCT PURCHASES
If you wish to purchase any product or Service made available through the Site (“Purchase”), including via subscription (which shall be governed by the Seed Health Subscription Terms and Conditions linked above), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
By using the Service, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you confirm your agreement to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or Service availability, errors in the description or price of the product or Services, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
10. INNERCIRCLE LOYALTY PROGRAM
The InnerCircle Loyalty Program (the “Program”) is a rewards program offered by Seed Health that allows participants to earn loyalty points (“Points”) for every dollar spent on Purchases made through the Site and, from time to time, through other special promotions. Points may be redeemed for dollars off on a future purchase or for other items we may offer from time to time (“Rewards”). Program membership is available to U.S. residents at least 18 years of age. Membership is limited to one account per individual.
Participating in the Program is free. To participate in the Program and be eligible to earn Points and redeem Rewards, you must make Purchases through, and create an account on, the Site. You agree to provide true and accurate information and to ensure that at all times information provided by you is up-to-date and accurate. Communications with you will be made using contact information most recently provided by you. We are not responsible for your inability to receive or redeem Points. We reserve the right to limit participation and enrollment at any time.
You may receive Points by making Purchases through the Site. You will not receive Points by purchasing our products outside of our Site. Points are earned on the actual amount paid, but exclude credits, promo codes, gift card redemptions and gift card purchases, as applicable. In addition, Points may be earned through other actions or opportunities as may be presented by Seed Health from time to time. These opportunities may vary and are only valid as set forth in the individual offer, but may include possible offers such as bonuses for creating an account (limit once per member), providing product reviews, following Seed Health on designated social media outlets, and points on your birthday (limit of one time per member per year). Points for such activities will be awarded as described in the applicable offer and will be subject to any additional terms set forth with that offer. The number of Points earned for each action will be stated on our Site and is subject to change at any time without prior notice.
Participation in the Program is personal and non-transferable. Points and Rewards may not be sold, bartered, brokered or otherwise transferred. Points and Rewards available via the Program have no cash value, are not redeemable for cash (except as credit towards future purchases), gift certificates or gift cards, are purely promotional, and do not constitute property of any participant. No portion of any payment for Purchases qualifying for the Program or any Points or Rewards constitute consideration paid for any of the foregoing. We reserve the right to limit the redemption of specific Rewards and limit the number of Points and Rewards available.
Unredeemed Points expire 90 days after the cancellation of all your active subscriptions or upon the termination of your account.
We may, at our sole discretion, alter, limit, or modify the terms, structure, tiers, benefits or any other feature of the Program at any time, with or without notice, including our right to change the expiration date or redemption value of Points or Rewards, merge the Program with another program, or to adjust how Points or Rewards are received, calculated or redeemed, even though such changes may affect the value of Points already accumulated, the value of the Rewards and/or the time for redemption. We reserve the right to terminate the Program at any time, for any reason, without prior notice. If the Program is terminated or your account on our Site is closed, any remaining earned Points will be forfeited.
11. PROMOTIONS; GIVEAWAYS; PROMOTIONAL OFFERS
From time to time, Seed may run promotions (including sweepstakes, contests, and giveaways) and issue promotional codes/credits/free months; each is subject to these Terms and any posted official rules or offer terms, which control in the event of a conflict. Unless stated otherwise, no purchase is necessary to enter or win; void where prohibited; open to U.S./D.C. residents 18+; prizes/credits are non-transferable and have no cash value. Promotional offers are single-use, non-transferable, may expire, cannot be combined, and may be revoked/declined or adjusted by Seed. Seed may also modify, suspend, or cancel any promotion. Seed will contact winners only via Seed’s verified channels.
12. NOT PROFESSIONAL ADVICE OR MEDICAL INFORMATION
The information on the Site is intended for general informational and educational purposes only. You should not use information you obtain from the Site or the Services for diagnosis or treatment of any health problem or in place of any medication or other treatment prescribed by a physician or other healthcare provider. Some portions of the Services may allow you to submit questions either to us or to third parties who have agreed to communicate with our users. Although we provide information about our products through the Services, neither our employees nor any third parties are authorized to provide medical or other professional advice through the Services. Always consult your healthcare provider if you have health-related questions and before using any of our products or relying on any information you obtain on the Site or from the Services.
13. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Site for indefinite periods of time or shut down the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk.
We do not guarantee or warrant the security of your information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.
THE SITE, SITE CONTENT, AND ALL SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, AND WE HEREBY DISCLAIM ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SEED HEALTH DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR SITE CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO CASE SHALL SEED HEALTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY (WHERE APPLICABLE) OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, OUR SERVICES, OR ANY PRODUCTS PROCURED USING THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL SEED HEALTH BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY (WHERE APPLICABLE), OR OTHERWISE) UNDER THESE TERMS OR OTHERWISE FOR ANY DAMAGES IN EXCESS OF THE LESSER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID FOR USE OF THE SITE OR SERVICES. SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.
14. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Seed Health and its subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your violation of these Terms, the documents they incorporate by reference, or any applicable law, (b) your violation of the rights of a third-party, (c) your access to or use of the Site or any Service by you or any person using your account and password, or (d) any dispute or issue between you and any third party concerning the Site; and (e) all claims pertaining to the Site or your use of the Site, Resources, or Products that arise from or allege negligence, fraud, or intentional misconduct committed by you. Without limiting the foregoing, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
15. GOVERNING LAW; JURISDICTION; ARBITRATION; CLASS ACTION WAIVER; JURY WAIVER
IMPORTANT NOTICE — ARBITRATION, CLASS ACTION WAIVER, AND JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SECTION REQUIRES YOU TO RESOLVE MOST DISPUTES WITH US THROUGH BINDING, INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
15.1 Arbitration Agreement; Governing Law; Venue
Except for 15.5, any Dispute (any dispute, claim, or controversy arising out of or relating to the Site, Site Content, our products, the Services, or these Terms) shall be resolved by final and binding arbitration as described by this Section 15. These Terms and your use of the Services are governed by, construed and enforced in accordance with the internal substantive laws of the State of New York, United States, regardless of the State’s conflict of laws provisions. However, any question as to whether a Dispute is subject to the mandatory dispute resolution provisions of this Section 15 is to be decided by applying the provisions of the Federal Arbitration Act, Title 9 of the U.S. Code (“FAA”). For any Action allowed to proceed in court, or to enforce the terms of this Agreement, the Parties agree to exclusive personal jurisdiction and venue in (i) the State courts of New York County, New York or (ii) the United States District Court for the Southern District of New York
15.2 Informal Resolution and Claim Certification (Mandatory)
Before either party initiates arbitration, the party seeking relief must send a written Pre-Dispute Notice that includes: (i) the claimant’s name, mailing address, and email associated with the account (if any); (ii) a detailed description of the facts and the specific relief requested; and (iii) a personally signed declaration by the claimant (and by counsel, if represented) attesting under penalty of perjury that the information is accurate and made in good faith. Notice to Seed: Seed Health, Inc., Attn: Legal—Arbitration Notice, 2100 Abbot Kinney Blvd., Venice, CA 90291, USA, with a copy to legal@seed.com. The parties will work in good faith to resolve the Dispute for 60 days after a complete Notice is received. Arbitration may not be initiated until this informal process concludes.
During the 60-day good faith negotiation period, we will meet via telephone or videoconference, in a good-faith effort to confer with each other and try to informally resolve the Dispute. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference personally. Likewise, if we are represented by counsel, our counsel may participate in the conference as well, but we agree to have a company representative fully participate in the conference. Any statute of limitation relevant to a Dispute under applicable law shall be tolled from the date of receipt of a completed Notice, through and including the foregoing negotiation period, and continuing until final resolution of any arbitration proceeding, unless the party providing the Notice withdraws or abandons the Dispute at any point, or the arbitration proceeding is withdrawn or dismissed. Failure to complete the requirements of the 60-day good faith negotiation period is grounds for dismissal of any arbitration proceeding.
Any Dispute that the parties cannot resolve through the 60-day good faith negotiation period must be brought on an individual basis and will be resolved exclusively by final and binding arbitration (“Arbitration”) before an arbitrator mutually selected by the Parties (the “Arbitrator”). You may initiate an Arbitration by sending a demand that includes all of the information required in the Notice to: Seed Health, Inc., Attn: Legal—Arbitration Notice, 2100 Abbot Kinney Blvd., Venice, CA 90291, USA, with a copy to legal@seed.com.
The parties will meet and confer in good faith to select an Arbitrator and applicable fee schedule subject to Section 15.4 herein. The Arbitrator must have experience with the subject matter of the Dispute. For purposes of this Section, good-faith meet-and-confer efforts require that each party propose at least three arbitrators who meet the qualifications described in this Agreement. If, after 60 days of good faith meet and confer efforts, the Parties are unable to agree on an arbitrator, either Party may petition the state or federal courts in the county and state where you reside, to appoint an arbitrator meeting the requirements herein from the arbitrators proposed by the parties.
15.3 Costs and Fees
You shall not be required to pay a filing fee greater than the then-current fee to file a civil complaint in federal court in New York. Except as otherwise provided by law or this Section 15, each party bears its own attorneys’ fees and costs. If the Arbitrator finds that the costs and fees of an Arbitration you initiate will be prohibitive for you as compared to the costs of litigation, we will pay as much of your filing, arbitrator, and hearing fees in the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost prohibitive, regardless of the outcome of the Arbitration. However, if the Arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you shall reimburse us for any fees and costs that were advanced by us on your behalf. You may hire an attorney to represent you in Arbitration. You may only recover your attorneys’ fees and costs in the Arbitration if (i) the Arbitration is decided in your favor and to the extent that you could have recovered those fees in court in accordance with the law or statute(s) that apply to the case or (ii) the Arbitrator finds that any Dispute we bring against you was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Notwithstanding anything in this Arbitration Provision to the contrary, we will pay all fees and costs that we are required by law to pay.
15.4 Arbitration Procedures
Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered pursuant to the most recent version of the American Arbitration Association (“AAA”) Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (the “AAA Rules”), with the exclusion of any associated fee schedules and as modified by the version of this arbitration provision that is in effect when you notify us about your Dispute, unless the parties mutually agree to use an arbitration provider other than the AAA. The selection of the AAA Rules is meant to govern procedural issues only, and such selection does not mean that AAA will administer the Arbitration or appoint the Arbitrator. You can obtain the AAA Rules from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of these Terms, this arbitration provision shall govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision shall govern. A single Arbitrator will resolve the Dispute. Unless you and we agree otherwise, any Arbitration hearing will take place at a location convenient to you in the in the county where you reside when you notify us of your Dispute. The parties may mutually agree that the Arbitration be conducted via electronic or telephonic means, including via the submission of documents only through a desk Arbitration as described in the AAA Rules. The Arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect other confidential or proprietary information. The Arbitrator shall issue a reasoned written decision that explains the Arbitrator’s essential findings and conclusions. The Arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the Arbitrator’s award. An Arbitrator’s award that has been fully satisfied shall not be entered in any court.
15.5 Exceptions (Small-Claims; IP/Injunctive Relief)
Either party may (i) bring an individual claim in small-claims court if the claim qualifies; and/or (ii) seek temporary or preliminary injunctive relief in a court of competent jurisdiction to preserve the status quo or prevent irreparable harm pending arbitration (e.g., protection of intellectual-property, confidentiality, or data-security rights). Any such limited court action is not a waiver of arbitration.
15.6 Class Action Waiver
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND SEED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. If the class/representative waiver in 15.6 is found unenforceable as to a particular claim or request for relief, then that claim or request must proceed in court and not in arbitration.
15.7 Jury Trial Waiver
WHETHER ANY DISPUTE IS RESOLVED IN COURT OR IN ARBITRATION, YOU AND SEED EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN RELATION TO THE DISPUTE.
15.8 Survival; Severability; Interpretation
This Section 15 survives termination. If any portion is found unenforceable, that portion is severed and the remainder remains in full force and effect, except that if the class/representative waiver in 15.6 is held unenforceable as to a claim, that claim (and only that claim) proceeds in court and not arbitration.
15.9 Changes to This Section
We may update this Section on a going-forward basis. If we make a material change, you may reject the change by notifying us in writing within 30 days of the “Last Updated” date; your account (if any) may be closed, and the version of this Section 15 in effect immediately prior to the change will govern any Dispute that arose before you rejected the change.
16. TEXT (SMS) MESSAGE TERMS
The following terms apply to programs we operate that incorporate text (SMS) messaging. By clicking on a checkbox to receive text (SMS) messages you consent to receive disclosures about text (SMS) messages electronically, instead of in paper form. You can withdraw your consent to receive these disclosures at any time without penalty, and you can request a paper copy for no fee by emailing us at care@seed.com. You can also email us to update your contact information. To ensure you receive and can retain the necessary disclosures, you must have a device (such as your mobile phone) with internet access, and either a printer or storage space to save the disclosures.
The following additional terms apply, depending upon the text (SMS) messaging program in which you have enrolled:
Seed Health offers optional SMS programs. By enrolling in an SMS program, you agree to receive recurring text messages from Seed Health at the mobile number you provide. Message frequency varies by program. Your consent to receive SMS messages is not a condition of any purchase.
Depending on your enrollment, you may receive: product updates, offers, news, or campaigns; subscription reminders or management alerts; cart reminders; account or order-related notifications. Message frequency varies. For help, text HELP to any Seed message, email care@seed.com, or call 844-646-3586. You may opt out at any time by texting STOP to any Seed message. After texting STOP, you will receive one final confirmation message. No further messages will be sent unless you re-enroll.
Carriers are not liable for delayed or undelivered messages.
You agree to provide accurate information and to promptly notify Seed Health if your mobile number changes. Standard message and data rates may apply.
If you choose to participate in our SMS programs, we collect your mobile number, opt-in status, message interaction data (e.g., HELP/STOP responses), and related metadata solely to administer SMS messaging. This data is not shared with third parties, except service providers who support message delivery.
Personal information collected through SMS programs is handled in accordance with our Privacy Policy. Seed Health does not share SMS originator opt-in data or consent with third parties, except to provide messaging services or as required by law
17. SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. CONTROL OF THE SITE; MODIFICATION OF TERMS; TERMINATION
We reserve the right at any time to modify or discontinue the Site or Services (or any part or content thereof) without notice at any time. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site or the Services (or any part thereof).
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies any user rights or obligations, we will endeavor to post notice of the modification on the Site for a reasonable period of time. Any disputes concerning or related to the Site will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
19. ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the site or in respect to the Site constitutes the entire agreement and understanding between you and us and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
20. CONTACT INFORMATION
The Site is offered by Seed Health, Inc. You may contact us by emailing us at care@seed.com. You may also contact us by writing to:
Seed Health, Inc.
2100 Abbot Kinney Blvd., Unit G
Venice, CA 90291
United States of America
Last updated: December 18, 2025