Site Terms of Use

SITE TERMS OF USE

Welcome to Glacier Genetics! Thank you for visiting our website (referred to as “Site” throughout this policy).

OVERVIEW

This Site is owned and operated by Glacier Genetics, (“Glacier Genetics” or “Us” or “Our” or “We”) and its affiliates. These Terms of Use (“Terms”) are a legal contract between You ("You" or "Your") and Glacier Genetics and govern Your use of this website (“Site”). Your access and use of the Site are subject to the terms and conditions outlined in these Terms. By using our Site and/or Materials (defined below), YOU AGREE TO AND ACCEPT THESE TERMS. Please read them carefully. These terms are in addition to, and complement, the Seed Terms & Conditions and other policies on this site.

The Site shall include any information or services made available by Glacier Genetics, regardless of medium, and may include, but is not limited to, text, data, information, software, graphics, videos, photographs, and all services provided by the Site (collectively, “Materials”). The Terms are a legal contract between You and Us (collectively, “Everyone”) and govern your use of Our Materials made available to You through Our Site. The Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

The Site is not intended for users under 21 years of age. If you are under the age of 21 years, please do not provide any personal data, even if prompted by the Sites to do so. If you are under the age of 21 years and you have provided personal data, please contact Us, or ask your parent(s) or guardian(s) to notify Glacier Genetics to delete all such personal data.

Use of the Site is limited to individual, non-commercial, consumer purposes (“Permitted Purposes”) and as permitted by law, including applicable export and re-export control laws and regulations. Use of this Site on behalf of a business indicates that the business accepts these terms. The business will hold harmless and indemnify Glacier Genetics and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Materials or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

We may suspend or stop providing the Materials to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct. The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.

DISCLAIMERS

The materials available through the site are provided solely for informational and educational purposes on an “as is” basis. We make no claims that the site or any of its content is accessible or appropriate inside or outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the site, you do so on your own initiative and are responsible for compliance with local laws. It is important to ensure that your use of the site complies with the applicable laws and regulations of your jurisdiction.

OUR RIGHT TO MODIFY OUR TERMS

We reserve the right to update these terms from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons. You should refer to this page regularly to stay informed of any updates. The changes will be effective when we make the changes, and this will be reflected in the date posted at the top of this page. By continuing to use the website, you are agreeing to and accepting the changes. We reserve the right, at any time and from time to time, to alter our materials and/or modify, suspend, or discontinue (temporarily or permanently) this site at any time without notifying you. It is your responsibility to review these terms periodically for any changes.

PRIVACY POLICY

By using our materials, you agree that Glacier Genetics can use such data in accordance with our privacy policy. We respect the information that you provide to us, and we are committed to sharing how we use personal data, with whom we share it, your rights and choices, and how you can contact us about our privacy practices. Please review our privacy policy for more detailed information. Your privacy is important to us, and we strive to protect your personal information.

GLACIER GENETICS INTELLECTUAL PROPERTY

Using Our Site and/or Materials does not grant You ownership of any intellectual property rights in Our Materials. The Materials used and displayed on the Site are the property of Glacier Genetics or its affiliates or licensors and are protected by copyright, trademark, and other laws. These Terms grant You a limited, personal, non-exclusive, non-transferable, revocable license to use the Site and any Materials on the site for non-commercial purposes, subject to these Terms. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, create derivative works of, reverse engineer, alter, enhance, or circulate any such material in any way unless otherwise permitted by law. The terms Glacier Genetics, Glacier Genetics, Glacier Genetics, and associated logos, designs, or slogans are trademarks or registered trademarks of Glacier Genetics or its affiliates or licensors. These Terms do not grant you the right to use Our branding or logos displayed by Our Site and/or Materials. All other trademarks, names, and logos on this Site are the trademarks of their respective owners.

UNAUTHORIZED ACTIVITIES

Your use of the Site is only authorized for Permitted Purposes in accordance with these Terms. Any other use is prohibited and unauthorized and may result in a violation of various United States and international copyright laws. The following list outlines examples of unauthorized use of this Site, but it is not a complete list.

You agree not to use this site:

- In violation of any federal, state, local, or international statute, regulation, rule, order, treaty, or other law;

- To exploit or harm individuals under 21 years of age by exposing them to inappropriate content, or otherwise;

- For public or commercial purposes, including any manner that modifies, reproduces, or distributes any part of this Site;

- To stalk, bully, harass, or harm another individual;

- To “scrape,” disaggregate data, or use any data mining, robots, or similar data gathering or extraction methods in connection with this Website;

- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any network, computer, or database connected to the Site; or

- To introduce malicious or technologically harmful material such as viruses, trojan horses, worms, or logic bombs.

You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that We may end up having to pay as a result of Your violation. You alone are responsible for any violation of these Terms by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such a case, You agree to cooperate with Our defense of such a claim.

FEEDBACK

Any submissions by you to us, such as comments, questions, suggestions, or materials (collectively referred to as "Feedback"), regardless of the method of submission (e.g., call, fax, email), will be regarded as both non-confidential and non-proprietary. You hereby assign all rights, titles, and interests in the Feedback to us. We are free to use, without any obligation to attribute or compensate you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback. This applies whether or not the Feedback is patentable and for any purpose whatsoever, including but not limited to developing, manufacturing, having manufactured, licensing, marketing, and selling products and services, either directly or indirectly, using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

INDEMNIFICATION

You agree to be liable for all damages resulting directly or indirectly from any breach or non-fulfillment by you of these Terms. You agree to indemnify, defend, and hold harmless Glacier Genetics, along with its officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs. This includes, without limitation, reasonable attorneys' fees incurred by the Indemnified Parties in connection with any claim arising out of a breach by you or any user of your account of these Terms of Use or any representations, warranties, and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defense of any such claim. Glacier Genetics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You are not required to indemnify Glacier Genetics for any action arising out of Pylos’ sole gross negligence or willful misconduct.

WARRANTY DISCLAIMER

THIS SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS," AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THIS SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ACCURACY OR TIMELINESS OF THE INFORMATION PROVIDED. THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SITE IS FREE OF PROBLEMS.

We make no warranty that this Site will meet your requirements or that this Site will be uninterrupted, timely, secure, or error-free, or that defects in this Site will be corrected. We make no warranty as to any results that may be obtained from the use of this Site or as to the accuracy or reliability of any information obtained through this Site. No advice or information, whether oral or written, obtained by you through this Site or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, Glacier Genetics WILL NOT BE LIABLE TO YOU FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. USE OF THIS SITE IS AT YOUR OWN RISK. Glacier Genetics WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, USING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. IN ANY AND ALL CASES, Glacier Genetics WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. THIS MEANS THAT ANY POTENTIAL DAMAGES THAT COULD NOT HAVE BEEN ANTICIPATED AT THE TIME OF YOUR USE OF THE SITE WILL NOT BE COVERED BY Glacier Genetics.

LINKS TO THIRD-PARTY SITES

We may provide links on this Site to third-party websites. You leave this Site when You use these links and do so at your own risk. We are not obligated to review any third-party websites that You link to from this Site. We do not control any of the third-party websites, and We are not responsible for any third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there, or any results that might come from using them. It is important to understand that any engagement with these third-party sites is entirely at your discretion and risk.

DISPUTES

All claims arising out of or relating to these Terms or Materials shall be governed by, and construed and enforced in accordance with, the laws of the State of Montana (without regard to conflict of law principles). Both you and Glacier Genetics consent to personal jurisdiction and venue in those courts. Any dispute, controversy, or claim arising under, out of, or relating to this agreement (including any subsequent amendments), its validity, binding effect, interpretation, performance, breach, or termination, including tort claims, shall be finally determined by arbitration. This arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as they are in force at the time the arbitration is initiated. You understand and agree that by accepting these Terms, you waive the right to a jury trial or a trial before a judge in a public court. The place of arbitration shall be Flathead County, Montana. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. You hereby waive any defense that federal law will invalidate these Terms. Any cause of action or claim you may have arising out of or relating to our Terms must be commenced within one year of the original action on which the dispute is based; otherwise, such action is permanently barred, and you hereby agree to waive the claim.

CLASS ACTION WAIVER

Except as otherwise provided in these Terms, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless both you and we specifically agree to do so following the initiation of the arbitration.

WAIVER AND SEVERABILITY

No waiver by Glacier Genetics of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Glacier Genetics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms (other than the class action waiver clause above) is found to be illegal or unenforceable, that clause will not apply, but all enforceable provisions will remain valid. If the class action waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable, and the dispute will be decided through arbitration.

RELATIONSHIP OF THE PARTIES

The relationship between the Parties is that of independent contractors, and nothing contained in these Terms shall make either party a partner, agent, employee, joint venturer, dealer, or franchisee of the other party.

UPDATES TO THIS POLICY

We may update this Site Terms of Use from time to time in order to reflect changes to our practices or for other operational, legal, or regulatory reasons.

CONTACT INFORMATION

For more information, contact us.

• E-mail: glaciergenetics@gmail.com
• Phone: 86-4-MY-SEEDS
• Mailing Address: PO BOX 9833, KALISPELL, MONTANA 59901