TERMS OF USE + PRIVACY POLICY

Welcome to www.wakingseed.com (the “Website“). The Website is owned and operated by Waking Seed, LLC. (“WS“, “us” or “we“).

By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms, you may not use the Website. Additionally, when you access or use any of our current or future services or products, you will also be subject to our terms and conditions applicable to those offerings. We reserve the right to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will automatically signify your acceptance of the revised Terms of Use.

 

We may discontinue the Website or any number of our services or products at any time for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. 

 

YOUR PRIVACY + PERSONAL DATA

We do not collect any personally identifying information on the Website, except in cases where you offer it voluntarily via a contact or submission form, or when creating a member profile. 

By providing your Personal Data to us in any format (e.g., via email, telephone, in person, or when interacting with any submission form on our Site), or when using any of our services or products, or visiting the Website, you accept and consent we may collect and use your information to:

- provide you with the information, products, and services you request from us;

- contact you to provide information about goods and services we offer;

- notify you about changes made to our services or products.

NON-PERSONALLY IDENTIFYING DATA

We may collect non-personally identifying information about you whenever you interact with our Site. This information may include technical information, including your IP address, referring website address, browser type, operating system, and other similar information. 

You accept and consent we may collect and use this information to:

- effectively administer and refine our Site, products, and services to suit user needs and interests as needed, and for internal operations, including data analysis, web analytics, statistical, and survey purposes.

DATA STORAGE + PROTECTION

We use reasonable and appropriate measures to protect your Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our site, and any transmission is at your own risk. 

ELECTRONIC COMMUNICATIONS

When you visit the Website, use any contact or submission form, or send us emails, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications we provide you electronically satisfy any legal requirement that such communications be in writing.

If you have opted in to receive email or marketing communications from us, you may unsubscribe from these communications at any time by following the unsubscribe instructions in the body of any email message we have sent you. Please allow up to 10 business days for any changes to your email preferences to become effective. When you unsubscribe from our marketing communications, we may keep a record of your email address to ensure we do not send you marketing emails in the future. 

SHARING YOUR PERSONAL DATA

We do not sell your Personal Data to any third parties. We may release your information when we believe it appropriate in order to comply with any laws or regulations, to enforce our site policies, or to protect our or others rights, property, or safety.

By interacting with the Website, you accept and consent your information may be accessed by trusted third parties who assist us in operating our website, conducting our business, or servicing you, provided they abide by our Privacy Policy & Terms of Use.

 

OTHER WEBSITES

Our Site may include links to and from other websites. If you follow a link to any of these websites, please note that these websites are beyond our control, and therefore are not covered by our Privacy Policy or Terms of Use. We are not responsible for the practices of any third parties or the content of linked sites. 

CHILDREN'S ONLINE PRIVACY PROTECTION ACT

Our Site is not designed to attract nor intended to be used by children under 13, and we do not knowingly collect personal information online from children under 13 in compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). We encourage parents to discuss online safety with their children and monitor their children’s use of the Internet. 

USE RESTRICTIONS

All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. 

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (herein, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with or connected to us.

We grant you a limited license to access and make personal use of the Website. No Content of the Website may be copied, reproduced, downloaded, posted, shared or distributed in any way, or sold, resold, or otherwise exploited for any commercial purpose. Your use of Content on any other website or computer environment is prohibited. The license granted to you does not include any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings or descriptions; or make any derivative use of the Website or Content. Any unauthorized use automatically terminates the license granted to you hereunder. 

MEMBER ACCOUNTS AND PASSWORDS

You may choose to create a member account on the Website using your email address and a self-assigned password. We do not have access to your password or login information. You are solely responsible for protecting the security and confidentiality of the login information used to create your account, and are responsible for any activity conducted under your member profile and account. We reserve the right to restrict or remove your account at our sole discretion at any time without notice, and may report any misconduct to legal authorities if we feel your posted content or interaction with the Website is in any way illegal, threatening, invasive of privacy, infringing on intellectual property rights, or is otherwise harmful to us or any other user on the Website.

DISCLAIMER

The Content on the Website is provided "As Is" and without warranty of any kind. We do not warrant that the functions contained in any Content will be error-free, and make no warranties regarding safety, accuracy, reliability, use, or the results of use, of any Content, service, or product offered or made available through the Website, in person, or otherwise. Under no circumstances shall we be liable to you or anyone else for any direct, indirect, incidental, or consequential damages, personal injury, including death, or property damage of any kind whatsoever that arise out of the use of, or inability to use, the Website or any Content or functions thereof, or any act or omission of any user of the Website. Under no circumstances shall we or any of the Indemnified Parties (as defined below) be liable for any failure in performance resulting from, without limitation, any event or cause beyond our control.

Any Content, services, or products provided by or in connection with Waking Seed or our representatives is solely intended to nurture a healthy environment for overall wellness and/or enjoyment purposes, and not for the treatment or cure of any medical condition or disease. Nothing performed, stated, implied, suggested or otherwise communicated, whether written or orally, by Waking Seed, our practitioners, associates, affiliates, and service/product creators is intended to diagnose, prescribe, treat, or in any way substitute professional medical care or advice. 

You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content, materials, services, and products contained within, through, or beyond the Website. The creators of any Content, products, or services do not assume any liability to users for loss or injury of any kind, including death, in connection therewith. We do not assume liability regarding any treatment or action following the information offered within, through, or beyond the Website. We encourage you to consult a licensed medical professional or health specialist if you have any specific concerns or require medical advice, and before using and/or implementing any of our services or products, or information found within, through, or beyond the Website. Never disregard professional medical advice, or delay in seeking such advice, because of any information offered within or through the Website, in person, or otherwise. 

You agree that by using any products or services, you do so entirely at your own risk. Any recommendation for changes in diet, including the use of herbal products or food supplements are entirely your responsibility. You agree you are voluntarily purchasing products/services, participating in recommended activities, and/or using the Website, and assume all risks of loss, injury, illness, or death.

You acknowledge you have carefully read and understand this release and waiver, and agree to release and hold harmless all Indemnified Parties (as defined below) from any and all claims or causes of action, and you agree to voluntarily give up and irrevocably waive and release any right you may otherwise have to bring any legal action against any Indemnified Party for personal injury, property loss, or damage.

INDEMNIFICATION + HOLD HARMLESS AGREEMENT

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective affiliates, members, agents, representatives, and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs, legal fees, and other expenses) incurred by any Indemnified Parties arising out of or in connection with any breach or alleged breach by you of these Terms of Use. You agree to use your best efforts to cooperate with us in the defense of any claim. 



In consideration for receiving permission to participate in any and all events, activities or services (herein referred to as “Events”) facilitated by Waking Seed or our representatives, and/or by using any products made available by or through Waking Seed or our representatives, you hereby release, waive, discharge, and covenant not to sue Waking Seed or any Indemnified Parties from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage, including property damage, or injury, including death, that may be sustained by you, or your minor/dependent, if applicable, whether caused by the negligence of the Indemnified Parties or otherwise, in connection with using any products and/or participating in Events, or while upon the premises where Events are being conducted, while in transit to or from the premises, or in any other place(s) connected with the Events. 

You agree you are fully aware of risks and hazards connected with being on the premises and participating in Events, or when using the Website, or any products/services provided by WS or our representatives, and are fully aware there may be risks and hazards unknown to you, and hereby elect to voluntarily participate in Events, to enter upon the premises where they are being conducted, engage in activities, and/or use any products knowing that conditions may be hazardous, or may become hazardous to you or your property. You voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by you, your minor/dependent, if applicable, or any loss or damage to property owned by you, as a result of your being a participant in Events, whether caused by the negligence of Indemnified Parties or otherwise.



You agree it is your express intent that this release shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue Waking Seed and the above named Indemnified Parties. 


Updated August 2019

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