8-Tray BASIL SPROUTS Heirloom Seedstock PMA Contract

One 8-Tray BASIL SPROUTS Heirloom-Seedstock Private Contract   –

(This is a custom-order (non-refundable) private contract reservation, —

WHEREBY: —

SmallCrop (“SmallCrop”) provides the SmallCrop site(/s) (“Site”/”Sites”) as a value added service to the online offerings provided from the SmallCrop website(/s). Use of this service is conditional upon your acceptance of the terms and conditions posted at http://smallcrop.net/i/tou.html (and also set forth in abbreviated form below), as they may be amended from time to time, and constitutes a legally binding agreement (“Agreement”) between you and SmallCrop. By paying for access to the added value service, you accept those terms and conditions without limitation. This service is for personal, NON-commercial use. You are NOT permitted to incorporate ANY purchases made through the Site into further offerings for business purposes, and you are NOT permitted to license, sell, resell or disseminate any offerings obtained through the Site.

IMPORTANT NOTICE: We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. Your password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your SmallCrop password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify us and change your password. SmallCrop will continue to offer access extension rights to you at annual intervals until you cancel your overall access. No monetary refund for any currently valid access period will be given in the event that a cancellation is received by SmallCrop prior to that period’s time expiry. In the event of a cancellation during a current access period, any cancellation will only be effective from the next renewal date following successful receipt by SmallCrop of the cancellation notice.

Payment for access entitles you to the following (only when accessed directly by individual, password-protected member login from the SmallCrop web pages):

• Reduced or discounted “withholding” cost/price options when exhibiting “online item” offerings;

• Reduced or discounted online display and electronic-systems implementation options when selling offerings;

• Access to specialized services and resources when purchasing and/or selling offerings;

• An enhanced ability to make and/or collect online payments directly through lawfully established online-payment processors, with absolutely no financial privacy ever being visible or becoming disclosed to SmallCrop, itselfl;

• Reasonably fluid and functional link following when carrying out online navigation.

SmallCrop cannot guarantee that all websites currently or potentially included in that overall navigation path fully comply with reasonably acceptable and/or commonly known online or other related protocols for its link following software functionality. SmallCrop reserves the right to remove or change the details of offers without notice. While SmallCrop uses reasonable efforts to provide accurate and functional online offerings, electronic-systems implementation and related resources and information, SmallCrop assumes no liability or responsibility for errors, omissions or ambiguities in the online offerings or related information provided by the Site. In no event shall SmallCrop be deemed liable for any damages whatsoever arising out of your use or sale of the products, downloads, services, online or other offerings, relevant contacts, related goods, downloads or services, memberships, membership dues or entitlements, the Site or the content thereof, including direct, indirect, incidental, consequential or punitive damages. Without limiting any of the foregoing, the content, systems architecture, functional state, local and global scope content and services of the Site are provided “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Certain jurisdictions do not permit the exclusion of implied warranties and the foregoing exclusions may not apply to you.

You represent and warrant to SmallCrop that the goods, texts, electronic, virtual, physical or other goods, e-books, downloads, online or other offerings, concepts, services or materials submitted by you to SmallCrop, and the online offerings incorporation of those goods, e-books, downloads, online or other offerings, concepts, services or materials by SmallCrop, do not, and will not:

• infringe SmallCrop’s or any third party’s copyright, trademark, patent or other proprietary rights or right of publicity or privacy; • violate any constitutionally valid applicable law, statute, ordinance or regulation; • be defamatory or libellous; • be lewd, pornographic or obscene; • violate any constitutionally valid laws or conventions, including any laws regarding unfair competition, discrimination, or false advertising; • promote unconstitutional violence or contain materially injurious unconstitutional offense, morally unacceptable vulgarity, provable fraud or obscenity;

• contain hazardous or harmful substances, toxins, pesticides, insecticides, herbicides, pathogenic microorganisms, GMOs, endocrine disruptors, diseases, parasytes, infestations, flaws, defects or other “pollutants, impurities, pests, diseases, defects or harmful residues”; and/or

• contain viruses, Trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines or other “malware” or electronic-systems subversion.)

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