Seed Terms & Conditions

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SEED USE TERMS & CONDITIONS

These Seed Use Terms and Conditions (“Terms”) constitute a legal contract between You ("You" or "Your") and Glacier Genetics (“Glacier Genetics” or “Us” or “Our” or “We”) and apply to You if you acquire seeds (“Seeds”) from Glacier Genetics through any distribution method, including this website. By ordering, opening Glacier Genetics packaging, and/or possessing Seeds provided by Glacier Genetics (even if provided without charge), YOU AGREE TO AND ACCEPT THESE TERMS. Please read them carefully. These terms are in addition to, and complement, the Site Terms of Use and other policies on this site. It is important to familiarize yourself with all applicable terms to ensure a clear understanding of your rights and responsibilities.

SEED ACCEPTANCE

You must notify Glacier Genetics of any shortages or obvious defects within five (5) business days of receiving the Seed. If you do not provide this notice within the specified timeframe, it will be considered as your acceptance of the Seeds as they are.

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. It is important that you refer to this page regularly to stay informed. The changes will become effective as soon as we implement them, and this will be indicated by the updated date posted at the bottom of this page. By possessing or using our Seeds, you are agreeing to and accepting these changes.

GLACIER GENETICS INTELLECTUAL PROPERTY, UNAUTHORIZED ACTIVITIES

Glacier Genetics has developed and/or owns certain proprietary technologies that are highly beneficial in its business operations. These technologies may encompass, but are not limited to, specific plant varieties and related germplasm, native traits, genetic markers, genetic assays, as well as various technologies and methods of use. This includes methods for cultivation, propagation, testing, research, breeding, or other processes, along with other traits and technologies, and/or any combination of these traits and technologies (collectively referred to as the “Technology”). Glacier Genetics has utilized this Technology to produce certain intellectual property and varieties of Seeds that meet the legal definition of hemp.

(a) All intellectual property rights in and to the Seeds or Technology are owned by Glacier Genetics. You acknowledge that the Seeds and Technology are protected by domestic and international intellectual property laws, or are subject to applications for such protections.

(b) Prohibited Use. You agree to use and/or propagate the Seeds solely for the purpose of utilizing or selling the mature plant material derived from the Seeds, or products made from the mature plant material, and for no other purpose whatsoever. Without the express, written consent from Glacier Genetics, you agree not to conduct research on or with the Seeds and/or Technology. Furthermore, you will not sell, transfer, exchange, lease, donate, or otherwise make available to any third party the Technology, including but not limited to cuttings, tissue, or pollen, for any purpose, including but not limited to seed multiplication, tissue culture, creation of new hybrid lines, breeding or inbreeding, seed production, molecular characterization in the broadest sense, such as genetic profiling, sequencing, analyzing molecular species, isolating molecular species, subjecting to molecular marker analysis, genotyping, DNA fingerprinting, reverse genetic engineering, and/or use of double-haploid technology, research, or generation of herbicide registration data. You agree not to conduct any research on the Seeds and/or Technology or on a crop produced from the Seeds and/or Technology, except to make agronomic comparisons and conduct crop performance testing for your own use, or to provide to Glacier Genetics.

(c) No Patent License. This Agreement does not grant a license under any patents, trademarks, or comparable rights that Glacier Genetics currently holds or may obtain in the future.

(d) Trademarks. You further acknowledge that all trademarks, trade dress, and trade names used by Glacier Genetics in connection with the Seeds or Technology are the exclusive property of Glacier Genetics. These trademarks shall not be used except as expressly permitted under our Terms or as otherwise previously approved in writing by Glacier Genetics.

INDEMNIFICATION.

You agree to be liable for all damages resulting directly or indirectly from any breach or non-fulfillment by you of these Terms. Furthermore, 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 referred to as the "Indemnified Parties"). This indemnification covers any and all liability and costs, including, but not limited to, reasonable attorneys' fees, that the Indemnified Parties may incur in connection with any claim arising from a breach by you or any user of your account of these Terms of Use, or any representations, warranties, and covenants contained within these Terms of Use. You are expected to 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 that is subject to indemnification by you. It is important to note that you are not required to indemnify Glacier Genetics for any action that arises solely from Glacier Genetics gross negligence or willful misconduct.

WARRANTY DISCLAIMER, LIMITATION OF LIABILITY

(a) Warranties and Disclaimers. Glacier Genetics warrants that the Seeds will only conform to the description provided on the bag labeled by Glacier Genetics. This warranty becomes void if the Seeds are treated or repackaged by any party other than Glacier Genetics. To the extent permitted by state and federal seed laws, all seeds sold by Glacier Genetics are sold as-is. Glacier Genetics makes no warranty relating to the fitness of the Seeds for any particular purpose or your ability to use the Seeds to achieve any particular result. Glacier Genetics disclaims any liability, and you assume all risk related to the use of the Seeds to create any derivative product. You further assume all risk related to laws or governmental actions which may now or might hereafter affect or restrict possession or use of the Seeds.

(b) Performance Warranty and Disclaimers. Any representations and other information are based on our observations and/or information from other sources under defined conditions. Plant characteristics, such as height, yield, and potency, and crop performance are highly influenced by many controllable and uncontrollable factors. These include the production system, grow environment, plant management, pathogens, pests, and other factors that may alter expected performance. Effect, taste, and aroma are subjective qualities and can vary by individual. Data are for research and development purposes only. Testing values are from an in-house laboratory that is not ORELAP certified; state compliance testing may still be required. Glacier Genetics gives no warranty whatsoever, express or implied, for plant characteristics or crop performance relative to the information given. Nor does Glacier Genetics accept any liability for any direct, indirect, or consequential loss that may arise from any cause relating to plant characteristics or crop performance.

(c) Limitation of Remedies and Liability. Your sole and exclusive remedy in any circumstance will be the refund or replacement of Seeds. In no event will Glacier Genetics be liable for the cost of procurement of substitute goods, loss of profits, or for any other special, consequential, or incidental damages, however caused, even if Glacier Genetics has been advised of the possibility of such damages. If the foregoing limitation is found inapplicable for any reason, Glacier Genetics' liability under this agreement will not exceed the price paid for the defective Seeds.

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). You and Glacier Genetics consent to personal jurisdiction and venues in those state and federal courts. Any dispute, controversy, or claim arising under, out of, or relating to this agreement (and subsequent amendments thereof), including its validity, binding effect, interpretation, performance, breach, or termination, as well as any 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 when 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. Furthermore, 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. If not, 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 is not permitted to consolidate more than one person’s claims. Additionally, the arbitrator may not preside over any form of a class or representative proceeding or claims, such as a class action, consolidated action, or private attorney general action. This is unless both you and we specifically agree to do so after the arbitration has been initiated.

WAIVER AND SEVERABILITY

No waiver by Glacier Genetics of any term or condition set forth in these Terms shall be considered a further or ongoing waiver of such term or condition, nor shall it be interpreted as a waiver of any other term or condition. Additionally, any failure by Glacier Genetics to assert a right or provision under these Terms shall not be regarded as a waiver of such right or provision. If any provision of these Terms (excluding the class action waiver clause mentioned above) is determined to be illegal or unenforceable, that specific clause will not apply; however, all other enforceable provisions will continue to remain valid and in effect. In the event that the class action waiver clause is found to be illegal or unenforceable, this entire provision will become unenforceable, and the dispute will be resolved through arbitration.

RELATIONSHIP OF THE PARTIES

The relationship between the Parties is that of independent contractors. Nothing contained in these Terms shall create or imply any partnership, agency, employment, joint venture, dealership, or franchise relationship between the parties. Each party shall remain solely responsible for its own actions and obligations.

UPDATES TO THIS POLICY

We may occasionally update these Seed Use Terms & Conditions to better reflect changes in our practices or to address other operational, legal, or regulatory requirements.

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