PRIVACY POLICY

Information you provide us is the property of Select Seeds Co. We collect information such as your name, mailing and shipping address, email address, phone, and credit card number that you provide us when you place an order, or request a catalog, or create an account with us. This information is used to process your order, and if necessary, to contact you via phone, email or postal mail regarding your order.

All of the information you provide may be used by Select Seeds Co. to better serve you. We may, from time to time, contact you concerning specials, catalogs, products, or other opportunities and may ask for your feedback about our site.

We use third parties to improve our ability to identify visitors to our website. As part of this service, we may make available identifiers to these third parties including our visitors’ IP addresses, cookies, and hashed versions of email addresses captured from your visit. We, and third parties, use this data to obtain more information about our visitors and reach out to them through other channels, such as email and/or direct mail. You have the right to opt-out of this activity. To opt-out, please call us at 1(800) 684-0395 or use our "Contact Form"

Your name and address may be shared with other gardening companies and third parties. We share personal data with 3rd party marketing partners for commercial use. This information will be used to make our future marketing efforts more efficient. If you prefer we do not share your personal data with marketing partners, please email us at info AT selectseeds.com to request removal. We never share your email address or telephone number. You have the right to opt-out of this activity. To opt-out of this activity or to request deletion of your personal data, please call us at 1(800) 684-0395 or use our "Contact Form"

We receive names and mailing addresses from third parties for direct mail marketing purposes. If you would like to opt-out of the use of your personal information, please use our "Contact Form"

You may choose whether to enter personal information. You are not required to do so. If you choose not to provide the information that we request, we may be unable to respond to your request.

TERMS OF USE AGREEMENT

PLEASE READ THIS TERMS OF USE AGREEMENT BEFORE ACCESSING WEBSITE.

Effective Date: This Terms of Use Agreement was last updated on January 1, 2007

This Terms of Use Agreement sets forth the standards of use of the Select Seeds Co. Online Service. By using the SelectSeeds.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SelectSeeds.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service
Select Seeds Co. is providing Member with: products and services for sale; newsletters, catalogs, and other publications; articles and other information of interest; links to third party sites. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees related to such connection.

2. Disclaimer of Warranties.
The site is provided by Select Seeds Co. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Select Seeds Co. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Select Seeds Co. shall have no liability for any interruptions in the use of this Website. Select Seeds Co. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
SELECT SEEDS CO. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SELECT SEEDS CO. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SELECT SEEDS CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification
Member agrees to indemnify and hold Select Seeds Co., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service
Select Seeds Co. reserves the right to modify or discontinue the Service with or without notice to the Member. Select Seeds Co. shall not be liable to Member or any third party should Select Seeds Co. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Select Seeds Co. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Select Seeds Co. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Select Seeds Co. makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of Connecticut. As such, we are subject to the laws of the State Connecticut, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Connecticut.

9. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 SelectSeeds.com, with all rights reserved, or is the property of Select Seeds Co. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Select Seeds Co. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Select Seeds Co.

Select Seeds Co. and SelectSeeds.com are proprietary marks of SelectSeeds.com. Select Seeds Co.'s trademarks may not be used in connection with any product or service that is not provided by Select Seeds Co., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Select Seeds Co.

All other trademarks displayed on Select Seeds Co.'s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Select Seeds Co.

11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, SelectSeeds.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
180 Stickney Hill Rd.
Union, CT 06076
By Telephone: 1-800-684-0395
By Email: info@selectseeds.com

12. Botnets
Select Seeds Co. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Select Seeds Co. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Select Seeds Co., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.