Website Use Agreement

Terms and Conditions of Use

Please read this Website Use Agreement (“this Agreement”) carefully. This Agreement is between you and Plant A Seed & See What Grows Foundation (“THE FOUNDATION”) and governs your use of THE FOUNDATION website (“this Site”), currently at www.seewhatgrows.org, including the services that are provided through this Site. If you do not agree with any provision of this Agreement, you may not use this Site.
1. Use of This Site
2. This Site is for Informational Purposes Only
3. Trademarks and Copy write
4. Submission
5. Personal Information Privacy
6. Limitation of Liability and Indemnity
7. Confidentiality and Privacy Issues
8. Linked Sites
9. Governing Law

1. Use of This Site

1.1 Your access to and use of this Site is subject to the following terms and conditions and all applicable laws and regulations that apply to this Site, to the Internet and/or to the World Wide Web. Your accessing and browsing this Site constitutes acceptance of these terms and conditions without reservation, limitation or qualification, and acknowledges that any other agreements between you and the FOUNDATION, are superseded and of no force or effect.

1.2 These terms and conditions are subject to change at any time, and it is your responsibility to keep apprised of such changes. Any such change shall be effective immediately upon posting to this Site. Your continued access and/or use of this Site constitute your continuing acceptance of these terms and conditions without reservation, limitation, or qualification.

1.3 You may freely browse this Site, but you may only download information from this Site, including any text, images, audio, and video (the “Information”) for non-commercial personal use. You may not, however, distribute, modify, transmit, reuse, repost, or use the Information for public or commercial purposes, without prior written permission of the FOUNDATION.

1.4 You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any of the FOUNDATION information you download. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on this Site without the written permission of the FOUNDATION. The FOUNDATION neither warrants nor represents that your use of materials displayed on this Site will not infringe rights of third parties not owned by or affiliated with the FOUNDATION.

1.5 With the exception of the foregoing limited authorization, no license to or right of the information, or any copyright of the FOUNDATION or of any other party is granted or conferred to you.

1.6 The FOUNDATION Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes, or other proprietary rights of the FOUNDATION and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products processes and other proprietary rights of the FOUNDATION and/or other parties is granted to or conferred upon you.

1.7 The Information posted by the Site operator on this Site is believed to be accurate when posted, but is not warranted or represented in any way to be so. The FOUNDATION Information may contain technical inaccuracies or typographical errors. The FOUNDATION reserves the right to make changes, corrections, and/or improvements to the FOUNDATION Information and to the product and programs described in such Information, at any time without notice. The FOUNDATION assumes no liability or responsibility for any errors or omissions in the content of this Site. In particular, the FOUNDATION will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information contained on this Site. ALL THE FOUNDATION INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

2. This Site Is For Informational Purposes Only

2.1 The contents of this Site are for informational purposes only. No warranty is made or given that any Information on or linked to this Site is complete and/or accurate, and no warranty is given that there may not be a contrary view to any of the material that is hereby published. Reliance on any Information provided on this Site or provided by the FOUNDATION, employees or others appearing on this Site at the invitation of the FOUNDATION is solely at your own risk.

2.2 This Site may contain content from third party sources. THE FOUNDATION does not necessarily endorse any third party products, views or information presented on this Site and such information or content may not reflect the opinions, recommendations, or practices of the FOUNDATION.

3. Trademarks and Copy write

3.1 Everything you see or read on this Site is copyrighted, including design, page headers, button icons, graphics, images, text and arrangement thereof, and software used in this Site, and all intellectual property rights therein, including all copyright and trademark rights, are property of the FOUNDATION, its licensors or others, as the case may be. Nothing from this Site may be used by you except as provided in these terms and conditions or in the text on this Site without the prior written permission of the FOUNDATION. The FOUNDATION neither warrants nor represents that your use of materials displayed on or downloaded from this Site will not infringe rights of third parties not owned by or affiliated with the FOUNDATION.

3.2 Nothing contained in this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any trademark, logo, service mark, or design displayed on this Site without the prior written permission of the FOUNDATION or any third party that may own any such item displayed on this Site. Your use of any of the trademarks, logos, service marks, designs and other intellectual property displayed on this Site and any other content on this Site is strictly prohibited except only and to the limited extent expressly permitted in these terms and conditions. The FOUNDATION will aggressively enforce its intellectual property rights to the fullest extent of the law should you breach any of these terms and conditions.

4. Submissions

4.1 Any communication or material you transmit to the FOUNDATION or through this Site by electronic mail or otherwise, including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Submissions”), is and will be treated as royalty-free, non-confidential and non-proprietary, subject to our Privacy Policy.

4.2 Any Submissions you transmit or post become the property of the FOUNDATION, its affiliates and assigns, and may be used, subject to our Privacy Policy in connection with any personal information that may be included in the Submission, for any purpose including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and other uses in any way, whether for commercial gain or otherwise and with or without your name associated with the material, at the FOUNDATION’s discretion. The FOUNDATION is free to use any ideas, concepts, know-how, or techniques contained in any Submission for any purpose whatsoever including, but not limited to, developing and marketing products using such information. In that regard, by transmitting any Submission to the FOUNDATION, you will be deemed for all purposes to have assigned and transferred to the FOUNDATION all copyright, trademark and other intellectual property rights in and to the Submission and to have irrevocably waived and released all moral and/or personality rights in and to the Submission, and you acknowledge and agree that any act that is required to send a Submission will be deemed for all purposes to be your electronic signature to these terms and conditions.

4.3 Any Submissions that you transmit or post constitutes your warranty that such content is not subject to any third party copyright or any other proprietary rights and that you have full capacity and authority to make such submission.

4.4 Without limiting the generality of section 4.1 above, you agree to sign and deliver to the FOUNDATION on demand all further documents and assurances that the FOUNDATION may request in connection with the assignments, transfers, releases and waivers contemplated by that section.

4.5 Although the FOUNDATION may from time to time monitor or review discussions, chats, postings, transmission, bulletin boards, and the like on this Site, the FOUNDATION is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this Site.

4.6 The FOUNDATION is not responsible for any Submissions that may be posted in any forum or news group accessible or operated through or by this Site, and the FOUNDATION will have the right (but not the obligation) to remove from any such forum or news group anything that it sees fit to remove for any reason. You must not submit or otherwise publish through this Site or through any available forums or news groups anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity, including without limitation copyrights and trademarks; (d) violates any law; (e) advocates or describes any illegal activity; or (f) advertises or solicits funds for goods or services. The FOUNDATION will fully cooperate with any law enforcement authorities or court order requesting or directing the FOUNDATION to disclose the identity of anyone posting any such information or materials.

5. Personal Information Privacy

5.1 The FOUNDATION collects, uses and discloses personal information in accordance with its Privacy Policy. The FOUNDATION may modify its Privacy Policy from time to time in its sole discretion. Each time you use this Site, you consent to the FOUNDATION’s collection, use, and disclosure of your personal information in accordance with its Privacy Policy, in effect then.

6. Limitation of Liability and Indemnity

6.1 Your use of and browsing of this Site are undertaken at your own risk. Neither the FOUNDATION, any of its directors, officers, employees, or agencies, nor any other party involved in the creation, production, delivery or operation of this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of this Site or any consequences flowing there from, including, without limitation, computer viruses which may infect or other damages which may occur to your computer equipment or other property as a result of your access, use of, or browsing of this Site or your downloading of any materials, data, text, images, video or audio from this Site.

6.2 Without limiting the generality of section 5.1, everything on this Site is provided to you without any warranty or representation of any kind, whether expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement or any other warranties which may be implied according to the laws of any jurisdiction, unless in your jurisdiction the exclusion of some or all of such expressed or implied warranties is not permitted or is restricted, in which case all such expressed or implied warranties are excluded to the fullest extent permitted by law in your jurisdiction.

6.3 You promise to indemnify and save the FOUNDATION, and its officers, directors, employees, agents and distributors, harmless from and against any and all claims, demands, liabilities, costs and expenses whatsoever, including without limitation reasonable legal fees and disbursements, resulting directly or indirectly from: (a) your breach of any of your agreements, representations or warranties set out in these terms and conditions; (b) your access to or use of this Site or any site to which this Site is or may be linked from time to time, or your use of, reliance on, or publication, communication or distribution of anything on or from this Site or any site to which this Site may be linked from time to time; and/or (c) your violation of any law or regulation.

6.4 Your sole remedy for dissatisfaction with this Site, Site-related services or products, content or information contained herein or on any hyperlinked website is to stop using this Site, Site-related services or products, content, information or hyperlinked website.

7. Confidentiality and Privacy Issues

7.1 Unless encrypted, information sent or received over the Internet is insecure and the FOUNDATION cannot and does not make any representation, warranty, or promise concerning the interception by third parties of your personal or other information. The FOUNDATION will not be responsible for any damages you or any third party may suffer as a result of, or in connection with, the transmission of any information from or to the FOUNDATION through this Site.

8. Linked Sites

8.1 Because The FOUNDATION has no control over and does not endorse any of the sites to which this Site is linked and because the FOUNDATION has not reviewed any or all of the sites to which this Site is linked, you acknowledge that the FOUNDATION is not responsible for the content of any off-site pages or any other sites linked to this Site. The FOUNDATION reserves the right to terminate any link or linking program at any time and the linking of any site to or through this Site does not imply any endorsement by The FOUNDATION of the companies, products, or information offered described or otherwise made available on or through such linked sites. By making use of any such links, you understand that the legal statement and privacy policy of the linked site will apply and which may be different from those of the FOUNDATION. The FOUNDATION accepts no liability for links from us to others, and in particular, we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policy of third parties. If you decide to access any site linked through or to this Site, you do so entirely at your own risk.

8.2 Links to this Site are permitted only to the home page. You may not link to any other pages without the prior written consent of the FOUNDATION.

8.3 Framing of this Site by sites or site elements of parties not part of the FOUNDATION are not permitted. In-line linking or any other manner of incorporating parts of this Site in sites of parties not part of the FOUNDATION is equally prohibited.

9. Governing Law

9.1 The FOUNDATION controls this Site from within the Province of British Columbia, Canada. Regardless of your place of residence, the location where you access this Site or any other consideration, you agree that this Agreement, your use of this Site and all related matters are governed by the laws of the Province of British Columbia and the laws of Canada in force in there, without regard to its rules relating to conflict of laws. You also agree to submit to the exclusive jurisdiction of the Courts of British Columbia with respect to any dispute between you and the FOUNDATION arising from or relating to your use of this Site, this Agreement or any related matters.

Website Privacy Policy

This Policy is a statement of our general privacy policy and practices governing the ways in which we collect, hold and use information about individual persons. Our privacy policy is easy to find, as it is located in the footer on our homepage and each page of this website. Where personal data is requested, further explanation may be provided, where appropriate, as to the purposes for which the data will be used. This Policy, coupled with any supplementary explanation, is designed to provide privacy protection tailored to the individual visitor to, or user of, this website.
• Pledge on Privacy
• Intended Use of Personal Data
• Non-Disclosure of Information
• Right of Access
• Security and Confidentiality
• Data Transfer Abroad
• Anonymous Data and “Cookies”
• Spamming
• Personal Information and Children
• Links to Other Sites
• Contact The Plant A Seed & See What Grows Foundation

Pledge on Privacy

The term “personal data” as used in this Policy refers to information such as your name, birth date, e-mail address or mailing address that can be used to identify you.
In processing your personal data, we pledge to fully comply with the Federal Government of Canada and British Columbia recognized standards and legislation pertaining to privacy protection. In so doing, we ensure compliance by our staff with strict standards of security and confidentiality.
The next sections explain how and when we collect personal data from you.

Intended Use of Personal Data

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields. In these situations, if you chose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.

The FOUNDATION processes personal data for specific and limited purposes, which we inform you about when we ask you for information. For example, we may collect and use personal data to provide you with products or services, to bill you for products and services you request, to market products and services that we think may be of interest to you, or to communicate with you for other purposes. Information you send to The FOUNDATION is used only to provide the services you requested and is otherwise kept private.
The FOUNDATION keeps your data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or documentation retention requirements.

Non-Disclosure of Information

The FOUNDATION will not sell, share, or otherwise distribute your personal data to third parties outside of The FOUNDATION. However, personal data may occasionally be transferred to third parties who act for or on behalf of The FOUNDATION, or in connection with the business of The FOUNDATION, for further processing in accordance with the purpose(s) for which the data was originally collected.
Where disclosure of personal data to a third party occurs we will endeavor to ensure that the processing is performed in accordance with the purposes and within the limits under which the data was originally collected. Such third parties may operate under different privacy policies. In the event that this website is closed down, all personal data will be destroyed or you will be notified of any new manner of use of the data so you may revoke your consent of the use of this data.

Right of Access

You have the right to access and update your personal data or to require their deletion. We endeavor to ensure that personal data is up-to-date, accurate, and complete. If you wish to access or correct your personal data held by us, please email info@seewhatgrows.org
Your requests will be dealt with in a prompt and proper manner. No charge will be levied for complying with a correction request, however, for all other requests; the FOUNDATION may charge a small fee to cover its costs. Requests to delete personal data will be subject to any applicable legal and ethical reporting or document filing or retention obligations imposed on the FOUNDATION.

Security and Confidentiality

To ensure the security and confidentiality of personal data that the FOUNDATION collects on-line, the FOUNDATION uses data networks protected, inter alias, by industry standard firewall and password protection. Access to personal data is restricted to those employees who have a need to use the data and who have been trained to handle such data properly and observe strict standards of confidentiality. If an employee breaches our policies and procedures, he/she will be disciplined accordingly. Staff compliance with our policies and procedures is regularly audited and reviewed. While we cannot guarantee against any loss, misuse, or alteration to data, we try to prevent such unfortunate occurrences.

Data Transfer Abroad

The information you submit may be stored in Canada or the United States. Information stored in Canada is subject to Canadian law, and information stored outside of Canada is subject to the laws of the jurisdiction in which the information is stored.  Data that is stored or processed in the United States may be accessible to law enforcement and national security authorities in that jurisdiction.  For example, the US Patriot Act allows law enforcement officials to access personal information in certain cases in support of their efforts to intercept and obstruct terrorism.

Anonymous Data and “Cookies”

Most of the information that the FOUNDATION collects from its website(s) is anonymous information, such as the pages you visit and searches you perform. When you visit our website, we do not collect any personal data from you unless otherwise authorized by you.
Anonymous information is processed by the FOUNDATION to help improve the contents of the site and to compile aggregate statistics about individuals using our site for internal, market research purposes. In so doing, The FOUNDATION may install “cookies” that collect the first level domain name of the user (e.g., “bigmail.com” from and e-mail address of john@bigmail.com and the date and time of the access. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information that is sent to your browser and stored on your computer’s hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie, this will enable you to decide if you want to accept it or not.

Spamming

The FOUNDATION does not condone “spamming.” Spamming is defined as sending unsolicited e-mails, usually of a commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have declined to receive such communications.
In contrast, where the FOUNDATION believes that certain product, health, or other information is of importance to you it reserves the right to inform you by e-mail whilst giving you the choice of opting out of such service.

Personal Information and Children

The FOUNDATION will not knowingly collect, use or disclose personal data from a minor under the age of 13, without obtaining prior consent from a person with parental responsibility (e.g., a parent or guardian) through direct off-line contact. We will provide the parent with (a) notice of the specific types of personal data being collected from the minor, and (b) the opportunity to object to any further collection, use, or storage of such information. The FOUNDATION abides by laws designed to protect children.

Links to Other Sites

This Privacy Policy applies only to this Site to the exclusion of third party websites. The FOUNDATION may provide links to other websites that we believe may be of interest to our visitors. We aim to ensure that such websites are of the highest standard. However, due to the nature of the World Wide Web, The FOUNDATION cannot guarantee the standards of every website link it provides to be responsible for the contents of non-FOUNDATION sites.

Contact The Plant a Seed & See What Grows Foundation

If you have any queries or complaints about our compliance with this Privacy Policy, or if you would like to make any recommendations or comments to improve the quality of our Privacy Policy, please email us at: info@seewhatgrows.org.This privacy policy is effective as of March 1, 2014. We constantly aim to improve the tools available to you to manage the data that you provide to us. Please refer to this page from time to time to review these other new features.

 

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