Colorado Seed lic # 0037FC
South Carolina lic #51152
Black Canyon Seed may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on this website, and you should review these Terms prior to using this website. Your continued use of this website after any changes to these Terms are posted will be considered acceptance of those changes.
SCOPE OF TERMS
OWNERSHIP OF CONTENT
The Black Canyon Seed Website; its past, present and future versions; all pages found within the Black Canyon Seed Website; the material and information on the Black Canyon Seed Website; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the Black Canyon Seed Website (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to Black Canyon Seed, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Black Canyon Seed Website or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on this website. All rights not expressly granted are reserved.
The Black Canyon Seed Website and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Black Canyon Seed’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Black Canyon Seed Website or the Content contained on or available through the Black Canyon Seed Website or any linked website may violate applicable Intellectual Property laws or other laws.
The Black Canyon Seed Website, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. Black Canyon Seed does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by Black Canyon Seed and are provided solely for convenience to Black Canyon Seed customers and users. Black Canyon Seed reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Copyrights Infringement Complaints. You may not use the Black Canyon Seed Website, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. Black Canyon Seed encourages you to report any content on the Black Canyon Seed Website that you believe infringes your copyright. Submit any report to firstname.lastname@example.org.
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the Black Canyon Seed Website are either common-law service marks, trademarks or registered service marks or trademarks of Black Canyon Seed LLC or its affiliates and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Black Canyon Seed Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with Black Canyon Seed. Nothing contained on the Black Canyon Seed Website should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the Black Canyon Seed Website. You are not permitted to use any Marks displayed on the Website, metatags or any other “hidden text” utilizing Marks of Black Canyon Seed and its licensors, without prior written permission of Black Canyon Seed or such third party who may own the Mark.
YOUR USE OF THIS WEBSITE
Password Protected Areas. Access to and use of password protected areas (if any) of the Black Canyon Seed Website is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the Black Canyon Seed Website; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to Black Canyon Seed; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify Black Canyon Seed immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. Black Canyon Seed will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by Black Canyon Seed or any other user or visitor to the Black Canyon Seed Website due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
Content you Submit. Black Canyon Seed appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with Black Canyon Seed which may be shared with Black Canyon Seed on a “need to know” basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any Online Mediums. Black Canyon Seed is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant Black Canyon Seed an irrevocable, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal identifiable information contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.
Black Canyon Seed is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. Black Canyon Seed reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such materials and grant Black Canyon Seed the rights described herein.
No unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; or (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the Black Canyon Seed Website or Online Mediums to: (i) impersonate an employee or a representative of Black Canyon Seed, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the Black Canyon Seed Website or any other system or networks connected to the Black Canyon Seed Website or any other services offered through the Black Canyon Seed Website, and/or other accounts not belonging to you, or violate security of any portion of the Black Canyon Seed Website, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the Black Canyon Seed Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the Black Canyon Seed Website or any transaction being conducted on the Black Canyon Seed Website or to restrict or inhibit any other user from accessing or using the Black Canyon Seed Website, by means of hacking or defacing any portion of the Black Canyon Seed Website; or (vii) violate any applicable local, state, national or international law.
OTHER TERMS AND CONDITIONS
Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from Black Canyon Seed and to specific portions or features of the Black Canyon Seed Website. Black Canyon Seed’s obligations with regards to its services offered on the Black Canyon Seed Website are governed solely by such terms and conditions and nothing contained on the Black Canyon Seed Website or in these Terms shall be construed to alter services specific terms and conditions. The materials on this website with respect to services may be outdated and Black Canyon Seed makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that Black Canyon Seed will make available such services in your country. Please consult your email@example.com for information regarding the availability of any particular sales offering in your country.
Promotions. The Black Canyon Seed Website may contain or offer contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO BLACK CANYON SEED WEBSITE
We greatly appreciate your efforts in letting your clients know about us. You may link to the Black Canyon Seed Website by using a text link and linking to Black Canyon Seed Website homepage. Linking directly to any other webpage or content within the Black Canyon Seed Website is prohibited without Black Canyon Seed’s prior written permission. Black Canyon Seed only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around the website content or any pages on the Website or use other techniques that alter in any way the visual presentation or appearance of any content within the Black Canyon Seed Website; (iii) misrepresent your relationship with Black Canyon Seed or otherwise create a false affiliation, connection or association with Black Canyon Seed; (iv) imply that Black Canyon Seed approves or endorses you, your website, or your services or product offerings; (v) present false or misleading impression about Black Canyon Seed or otherwise damage the goodwill associated with the Black Canyon Seed name or trademarks; (v) use Black Canyon Seed trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; or (vi) utilize Black Canyon Seed name, trademarks, service marks, colors, logos or any other brand features of Black Canyon Seed, nor your relationship with Black Canyon Seed for purposes of or in any manner which intentionally gives rise to advertising or publicity without Black Canyon Seed prior written permission. As a further condition to being permitted to link to the Black Canyon Seed Website, you agree that Black Canyon Seed may at any time, in its sole discretion, terminate permission to link to the Black Canyon Seed Website. In such event, you agree to immediately remove all links to the Black Canyon Seed Website and to cease using any Black Canyon Seed trademark. Black Canyon Seed reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Black Canyon Seed Website.
Except for the link logos as provided by Black Canyon Seed, you may not use the Black Canyon Seed corporate logo or any other brand feature to link to Black Canyon Seed.
LINKS TO THIRD PARTY WEBSITES
The Black Canyon Seed Website may contain links and references to non-Black Canyon Seed websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave Black Canyon Seed Website and access Linked Websites, you do so at your own risk and Black Canyon Seed will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Websites. Black Canyon Seed has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on the Black Canyon Seed Website does not apply approval or endorsement by Black Canyon Seed of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain the Black Canyon Seed logo, are independent websites, and Black Canyon Seed does not control the content on that Linked Website. Additionally, Black Canyon Seed is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Black Canyon Seed, by way of reference or link provided on the Black Canyon Seed Website.
DISCLAIMER OF WARRANTIES
Your use of and access to the Black Canyon Seed Website, Online Mediums and Content posted by Black Canyon Seed, its affiliates or user generated content posted by third parties is at your sole risk. The Black Canyon Seed Website, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILBALE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Black Canyon Seed makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. Black Canyon Seed further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Black Canyon Seed Website, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Black Canyon Seed Website, Online Mediums and/or Content.
LIMITATION OF LIABILITY
You expressly understand and agree that Black Canyon Seed and any contributor to the user generated content via Online Mediums (“Black Canyon Seed Licensors”) SHALL NOT BE LIABLE to you for:
1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes Black Canyon Seed and Black Canyon Seed Licensors may make to the Black Canyon Seed Website, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords.
2) to the full extent permitted by law, Black Canyon Seed and Black Canyon Seed Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Black Canyon Seed Websites, Online Mediums and Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if Black Canyon Seed and Black Canyon Seed Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
3) Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
You agree to indemnify and hold Black Canyon Seed, its affiliates, members, officers, directors, agents, employees and representatives and Black Canyon Seed Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Black Canyon Seed Website, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Black Canyon Seed Website and Online Mediums; or (iii) your violation of these Terms or any website specific Terms and Conditions. This indemnification obligation will survive the termination of your Black Canyon Seed account or these Terms.
Thank you for reading through these Terms.
© Black Canyon Seed LLC.
October 31, 2019
1. WHAT DO WE COLLECT AND WHERE?
The information we collect may include your personal information, such as your name, contact information, financial account numbers, IP addresses, messages, chats, telephone conversations, product and service selections and orders or other things that identify you individually.
Generally, we may collect information about you in the following manners:
· you may provide your personal information to us via chat, email or other written correspondence, telephone calls, web-based forms, or other means;
· via third party providers.
You may visit our Website in any of the following ways:
· by using your browser to navigate to our Website (www.blackcanyonseed.com);
· by viewing an advertisement displayed on a third-party website that is served content by our web server; and
· by viewing an email that is served content by our or a third-party web server.
When you visit our Website, our server logs your IP address (unique network addresses), the time and duration of your visit, and the time and duration of the pages on our Website you view. If you arrive at our Website by clicking a paid advertisement (including a paid search engine result) or a link in an email, then we will capture information that tracks your visit from that link. If you arrive at our Website by clicking a non-paid source, such as link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks your visit from that source, to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.
We will likely place a cookie on your hard drive during the web visit. A cookie is a unique alphanumeric identifier that we use to help us identify the number of unique visitors to our Website, whether or not those visitors are repeat visitors, and the source of the visits. Cookies cannot be executed as code or used to deliver a virus. Other servers cannot read them, and personal information cannot be gathered from them. They are simply an identifier shared between you and us to allow us to improve the services we offer to you through our Website. If you do not wish cookies to be placed on your computer, then they can be disabled in your web browser. The option to do so is normally found in your browser’s “security settings” section. However, please note, permanently disabling cookies in your browser may hinder your use of our Website as well as other websites and interactive services.
A web beacon, also known as a web bug, is a small graphic (usually 1-pixel x 1-pixel), that is embedded in a web advertisement, email, or page on our web site, but is invisible to you. When you view a page on our web site, an email or an advertisement your web browser will request the web beacon from a web server, which in turn will set a cookie in your web browser containing a unique identifier. This unique identifier will be linked to log information that is used to track your movements on our web site in order to determine the effectiveness of content and advertising campaigns.
Links to non-Black Canyon Seed Websites
We will not intentionally collect or maintain, and do not want you to provide, any information regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.
Children’s Online Privacy Protection
Our goods and services are not designed for or directed to children under the age of 15, and we will not intentionally collect or maintain information about anyone under the age of 15.
2. WHAT DO WE USE THIS INFORMATION FOR?
We may use your information to process your service requests, handle orders, deliver products and services, process payments, communicate with you about orders, provide access to secure areas of the Website, recommend merchandise and services that might be of interest to you, to personalize your visit to our Website, and to enable us to review develop and continually improve the products services and offers we provide online. We also use this information to prevent or detect fraud or abuses of our Website and to enable third parties to carry out technical, logistical or other functions on our behalf.
We use visitor information to send information about our company to visitors and to get in touch with them when necessary. We also use the information we collect to improve the content of our Website and as training aides for our employees. Visitors are given the choice at the point when we request their information.
Financial Information and payment card details
We may ask visitors to enter credit card or account information in order to process orders for services placed with Black Canyon Seed or its affiliates. Financial information provided via our Website is transferred over a secure connection. We collect this information on a transaction-by-transaction basis and will not authorize the release of the information with anyone not directly involved in processing the transaction. This information may be encrypted and stored for logging purposes in accordance with applicable regulatory requirements.
Credit card numbers are used only for processing payments and are not used for any other purposes. When we use third party service providers for credit card processing services we will enter into a written agreement with such third party ensuring appropriate security and confidentiality measures are in place in safeguarding your personal data.
We use web visit information to measure interest in and develop our web pages and marketing plans, customize the content you view on your web visits based on your activity on past visits, and administer our Website.
· We use the visitors’ IP address to help diagnose problems with our servers, and to administer our Websites.
· We use web beacons to count the number of times that our advertisements and web-based email content are viewed. We combine web beacon information with cookies to track activity on our website originating from advertisements and web-based email content.
We use information you provide to us via telephone calls, chat, email, web forms and other communications to correspond with you about services you may be interested in purchasing. If you elect to purchase a service online using a web form, we will use the information to establish your account. Information you submit in writing, such as chat, email, and web form information is archived and may be tied to information that we collect about your web visits. Your telephone call may be recorded for training purposes and we may enter information you provide via telephone into our systems to use for the purposes described in this paragraph.
3. DISCLOSURE OF PERSONAL INFORMATION
Personal information we gather is for internal use only and will not authorize the release of this information to anyone outside Black Canyon Seed (except to third party service providers to Black Canyon Seed who perform functions on our behalf but in such event personal information will only be shared to the extent reasonably necessary to perform their functions and they will not be authorized to use it for any other function), unless you have consented to such disclosure.
Should you breach our terms and conditions or website terms, or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction. In particular, we may release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.
4. OPTING OUT OF COMMUNICATIONS
5. SECURITY OF YOUR INFORMATION
Black Canyon Seed is committed to industry best practices approaches concerning security measures to prevent the loss, misuse and alteration of the information in our possession. We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls. We store information you provide to us using cloud services. Visitor textual information is encrypted during transmission, our company databases are accessible only by Black Canyon Seed’s and its affiliates’ employees, contractors and agents on a need to know basis and who have entered into and are bound by a confidentiality and nondisclosure agreement with Black Canyon Seed.
6. DATA INTEGRITY
Personal data we collect is relevant for the purposes for which it is to be used. Black Canyon Seed takes reasonable steps to ensure that data is reliable for its intended use, accurate, complete, and current.
7. RIGHT TO ACCESS YOUR PERSONAL INFORMATION
If you believe that any personal information we have about you is incorrect, or is, has been, or might be used inappropriately, please contact us at firstname.lastname@example.org, and we will take steps to correct or delete the information, or restrict its use, as appropriate.
9. INQUIRIES OR COMPLAINTS
©Black Canyon Seed LLC