Granite Seed Company Terms of Use
Welcome to the Granite Seed Company website. Granite Seed Company (hereinafter referred to as “Granite Seed”) provides the Granite Seed website (hereinafter referred to individually as “GS website” and collectively as “GS websites”) as a service to our customers. Granite Seed offers you the GS website conditioned on your acceptance without modification of this agreement. Your use of the GS websites constitutes your acceptance of this agreement.
Privacy
Please review our Privacy Notice, which also governs your visit to GS websites.
Copyright
All content included on GS websites, such as text, graphics, logos, button icons, images, audio clips digital downloads, data compilations, and software, is the property of Granite Seed or its content suppliers and protected by United States and International copyright laws. The compilation of all content on this site is the exclusive property of Granite Seed and protected by US and international copyright law. All software used on this site is the property of Granite Seed and protected by US and international copyright laws.
License and Site Access
Granite Seed grants you a limited license to access and make personal use of GS websites but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Granite Seed. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derived use of the GS website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data-mining robots, or similar data gathering tools. The GS website m ay not be duplicated, copied, sold, or otherwise exploited for commercial purposes without the express written consent of Granite Seed.
Communications, Interactions, Assessments and Other Content
Visitors may post reviews, comments, and other content; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Granite Seed reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Granite Seed and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Granite Seed and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Granite Seed or its affiliates for all claims resulting from content you supply. Granite Seed has the right but not the obligation to monitor and edit or remove any activity or content. Granite Seed takes no responsibility and assumes no liability for any content posted by you or any third party.
Granite Seed Makes No Warranty
Granite seed provides the GS websites "as is," "with all faults" and "as available," and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. To the maximum extent permitted by applicable law, Granite Seed make no representations, warranties or conditions, express or implied. Granite Seed disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (1) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the GS websites will be uninterrupted or error-free. There are no warranties that extend beyond the face of this agreement.
Liability Limitation; Your Exclusive Remedy
In no event will Granite Seed be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the GS websites, even if Granite Seed has been advised of the possibility of such damages. The exclusion of damages under this agreement is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with the GS websites, you do not agree with any part of this agreement, or you have any other dispute or claim with or against Granite Seed with respect to this agreement or the GS websites, then your sole and exclusive remedy is to discontinue using the GS websites.
How Granite Seed May Modify this Agreement
Granite Seed reserves the right to change the terms, conditions, and notices under which it offers the GS Web Sites, including any charges associated with the use of the GS Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any GS Web Site. Your continued use of the GS Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Changes to the GS websites; additional liability limitation
Granite Seed may change the GS websites or delete features in any way, at any time and for any reason. As you use the GS websites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "content") originated by Granite Seed and persons other than Granite Seed (any such person is referred to as a "third party").
Without limiting the generality of any part of this agreement, you acknowledge and agree that the Granite Seed parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data. In addition, without limiting the generality of any part of this agreement, you acknowledge and agree that Granite Seed is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of the GS websites, (2) any incompatibility between the GS websites and other websites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the GS websites in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the GS websites. The limitations, exclusions and disclaimers in this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
Termination; Access Restriction
Granite Seed may terminate this Agreement, or terminate or suspend your access to the GS Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the GS Web Sites will immediately cease. Upon such termination or suspension, any information you have stored on the GS web sites may not be retrieved later.
Unlawful or Harmful Use of the GS Websites
You will not use the GS Web Sites in any way that is unlawful, or harms Granite Seed, its affiliates, resellers, distributors, service providers and/or suppliers (or any customer of a Granite Seed, as determined in Granite Seed's sole discretion. Granite Seed may tell you about certain specific harmful uses in a code of conduct or other notices available through a GS Web Site, but has no obligation to do so. You may not use the GS Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the GS Web Sites. Without limiting the generality of this section, you may not use the GS Web Sites in any manner that could damage, disable, overburden, or impair any GS Web Site (or the network(s) connected to any GS Web Site) or interfere with any other party's use and enjoyment of the GS Web Sites.
SPAM is Prohibited and Causes Damage; SPAM Filtering Technology
Without limiting the generality of Section 4, you will not use the GS Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Granite Seed may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the GS Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the GS Web Sites.
Choice of Law and Location for Resolving Disputes
If this Agreement is with Granite Seed Company, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Utah, without reference to conflict of laws principles. If this Agreement is with a Granite Seed affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Granite Seed affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject GS Web Sites are directed. If this Agreement is with Granite Seed Company, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Salt Lake County, Utah, USA in all disputes arising out of or relating to the use of the GS Web Sites. If this Agreement is with a Granite Seed affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Granite Seed affiliate in all disputes arising out of or relating to the use of the GS Web Sites.
Interpreting the Agreement; Assignment
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Granite Seed may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the GS Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Granite Seed with respect to the GS Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Granite Seed with respect to the GS Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
You Have Limited Time to Bring Your Claim
You and granite seed agree that any cause of action arising out of or related to the GS web sites must commence within one (1) year after the cause of action accrues.
Otherwise, such cause of action is permanently barred.