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Seed Health Website Terms and Conditions

PLEASE READ SECTIONS 9, 10 AND 11 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING SEED HEALTH, THESE TERMS, OR OUR PRIVACY POLICY, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION OR TO HAVE A TRIAL BY JURY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SITE OR USE OUR SERVICES.

This website is operated by the Seed Health, Inc. (including its representatives, affiliates and subsidiaries, “Seed Health”). Throughout this website (https://seedhealth.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, 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, 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 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 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. 

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 OR TO USE OUR SERVICES. 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 information, services, tools and resources (our “Resources”). 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 indirectly:  

  1. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity in connection with your use of the Site; 

  2. 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;

  3. 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;

  4. reverse engineer, disassemble, decompile, modify, or translate any software or other components of the Site; 

  5. distribute viruses or other harmful computer code through the Site;

  6. 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;

  7. access or use the Site or Site Content via mechanical, programmatic, robotic, scripted or any other automated means;

  8. 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;

  9. 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;

  10. 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;

  11. 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;

  12. use the Site or Site Content in a way that suggests you are a representative of Seed Health;

  13. 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;

  14. infringe or misappropriate the intellectual property, proprietary or privacy rights of any third party;

  15. 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; 

  16. 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;

  17. circumvent the security of the Site or any host, network, or account related thereto; 

  18. use any application programming interface to access the Site or Site Content; 

  19. 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; 

  20. 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; 

  21. access or attempt to access Resources by any means other than through the means provided by Seed Health;

  22. cause damage to Seed Health’s business, reputation, employees, members, facilities, or to any other person or legal entity;

  23. otherwise use the Site or Site Content in any manner that exceeds the scope of use granted above; or

  24. 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. 

Any use which violates these Terms, gives Seed Health the right (without notice or liability) to revoke the aforementioned license, 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. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We regularly update Service offerings on the Site. Although Seed Health attempts to provide accurate information on the Site, 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. Services may be 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.

6. THIRD-PARTY LINKS

Certain content 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.

7. USER COMMENTS, FEEDBACK, AND OTHER PERSONAL INFORMATION AND SUBMISSIONS

We may provide various open communication tools on our Site to submit comments, 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"). By providing User Submissions, you 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, 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. We take no responsibility and assume no liability for any User Submissions posted by you or any third-party.

8. 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.  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.

9. 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 OR OUR SERVICES, 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.

10. 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 or Resources 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.

11. GOVERNING LAW; JURISDICTION; ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER

EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON-CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Transaction Act (UCITA) are expressly excluded from these Terms. 

We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of our Site, Site Content or the Services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us. Any matter or dispute relating in any way to your use of the Site, Site Content, or the Services or these Terms, which is not so resolved shall be submitted to binding confidential arbitration as provided below. 

Excluding claims by us for injunctive or other non-monetary relief, any claims related to Site, Site Content, or the Services and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application, or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Streamlined Arbitration Rules & Procedures then in effect. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

The arbitration shall take place in New York or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested, and be administered by JAMS; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, we may elect to consolidate such arbitrations before an arbitrator mutually agreed-upon by the parties (and terminate any pending administration by JAMS), (i) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (ii) except with respect to administration of the arbitration proceedings, the arbitrator shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures. 

YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER 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 OR REPRESENTATIVE ACTION. Unless both you and we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

12. 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.

13. 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.

14. 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).

16. CONTACT INFORMATION

The Site is offered by Seed Health, Inc. You may contact us by emailing us at [email protected]. You may also contact us by writing to:

Seed Health, Inc.

2100 Abbot Kinney Blvd.

Venice, CA 90291

United States of America


Last updated: December 18, 2023