Terms & Conditions
By checking the Terms of Service box and completing your purchase of a product (the “Product”) from Seeds and Stalks, you agree that you have read, understood, and agree to the following Terms and Conditions of Use (these “Terms”). These Terms constitute a binding agreement between you and Seeds and Stalks and they govern your access to and use of the Product. Your access to and use of the Product requires your compliance with these Terms.
EMAIL ADDRESS COLLECTION
By completing this purchase, you are consenting to join Rachel Silves’s email list through ConvertKit where you will receive regular communications such as weekly newsletters and occasional promotional offers. You can unsubscribe at any time at the bottom of the email or by emailing rachel@seedsandstalks.com You agree that your email address and any other personal information that you provide to Seeds and Stalks will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Seeds and Stalks suspects that your information is untrue or inaccurate, not current, or incomplete, Seeds and Stalks may, in its sole discretion, suspend or terminate your right to access the Product. You agree to provide Seeds and Stalks with such proof of your identity as it may reasonably request from time to time.
COPYRIGHT
The Product you are purchasing includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from the Product for personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute, create a derivative work or otherwise use any material from the Product for commercial purposes. Any reproduction or unauthorized use of any materials found in the Product shall constitute infringement. Your purchase grants you a single, limited, nonexclusive, non-transferable, nonsublicensable license to the specific materials that you have purchased (including free and paid content) for the term set forth for the applicable Product herein. All content you obtain through the Product is the property of Seeds and Stalks, and your license only allows for personal, non-commercial use solely by you.
DISCLOSURES
Seeds and Stalks has made reasonable efforts to ensure that all information in the Product has been tested for accuracy. Seeds and Stalks makes no guarantees regarding the results that you will see from using the information provided in the Product.
Seeds and Stalks disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Product. Seeds and Stalks assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found in the Product.
Seeds and Stalk has made reasonable efforts to ensure that all information is evidence based including but not limited to any references to herbs, essential oils, and other topics, provided in the Product. Seeds and Stalks assumes no responsibility for your decisions or for policies or practices that you implement based on information in the Product. Everything provided in the Product is for informational purposes only.
MEDICAL DISCLAIMER:
Medical Disclaimer: Rachel Silves is not a medical doctor or other licensed health care professional. Consultations, coaching, or any information contained in a digital product, course or found on this website are not a substitute for medical care and do not include diagnosing or treating disease. No aspect of the information found on this website or in any digital products should be understood as a basis to avoid any diagnostic work-up or discontinue any medical treatment. Clients should follow-up with their physician to discuss any modifications they intend to make to their health protocols, to evaluate any testing results or to change protocols as necessary.
The Product is provided for informational purposes only.
YOUR RESPONSIBILITY
YOU UNDERSTAND AND AGREE THAT SEEDS AND STALKS LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE PRODUCT AS SET FORTH HEREIN. YOU AGREE NOT TO HOLD SEEDS AND STALKS, ITS AFFILIATES, OR ITS OR THEIR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, CONSULTANTS OR ADVISORS (COLLECTIVELY, THE “SEEDS AND STALKS PARTIES”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF THE PRODUCT. THE SEEDS AND STALKS . PARTIES WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE SEEDS AND STALKS PARTIES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO SEEDS AND STALKS. DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. THE SEEDS AND STALKS PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, COMPUTER SOFTWARE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE PRODUCT IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE PRODUCT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE PRODUCT. BY ACCESSING THE PRODUCT, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542 (OR ANY ANALOGOUS LAW OF ANY OTHER STATE OR PROVINCE), THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
INDEMNITY
You agree to defend, indemnify, and hold the Seeds and Stalks Parties harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) that any Seeds and Stalks Party suffers as a result of: (i) your use or misuse of or inability to use the Product; (ii) your negligence or intentional misconduct; (ii) your breach of any provision of these Terms; (iv) your violation of any applicable law or regulation; (v) your violation of the rights of a third party (including, but not limited to, other Participants); or (vi) death, personal injury, or property damage arising out of, or relating to, your use of the Product.
JURISDICTION AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to its conflict of laws. The state and federal courts located in Olympia, WA shall have exclusive jurisdiction over any case or controversy arising from or relating to this Product, including but not limited to these Terms. By using this Product, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.
SHARING YOUR DIGITAL DOWNLOAD OR COURSE ACCESS IS STRICTLY PROHIBITED
Sharing your digital download of the Product is strictly prohibited and will result in your access being immediately revoked and your payment will be forfeited. You shall be liable for any and all resulting damages to Seeds and Stalks.
USE OF TESTIMONIALS
We follow the FTC’s rules surrounding endorsements and testimonials. As such, all endorsements or testimonials were received via text, audio, or video from a real person about their personal experience. Individual results may vary. Testimonials are not an indicator that you will have the same or similar results.
CONFIDENTIALITY AND PRIVACY
Seeds and Stalks respects your privacy and insists you agree to respect the privacy of Seeds and Stalks and all other users of the Product (“Participants”). Any confidential information (“Confidential Information”) shared by the Participants or Seeds and Stalks‘s representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Private Groups, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate Seeds and Stalks’s publicity or privacy rights. Furthermore, you will not reveal any information to a third party obtained in connection with these Terms. You shall promptly notify Seeds and Stalks in writing of any circumstances that may constitute unauthorized disclosure, transfer or use of Confidential Information. You shall implement reasonable safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. By purchasing the Product, you acknowledge and agree that if you violate or display any likelihood of violating this Agreement, Seeds and Stalks and/or the other Participants will be entitled to equitable relief, including a decree of specific performance or injunctive relief to prohibit any such violations, to protect against the harm of such violations.
ACCESS MAY BE REVOKED AT ANYTIME
Seeds and Stalks reserves the right, in its sole discretion to revoke access to the Product at any time Seeds and Stalks also reserves the right, in its sole discretion, to revoke access to the Product without providing a refund if any content has been copied or used in an unauthorized manner. This includes copying the concept or creating a competing product using the information learned from the Product. Seeds and Stalks reserves the right to pursue damages for unauthorized use of Product materials.
Modifications to the PRODUCT
Seeds and Stalks reserves the right to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. You agree that Seeds and Stalks will not be liable to you or to any third party for any modification, suspension or discontinuance of the Product.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of these Terms, Seeds and Stalks may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree Seeds and Stalks. shall be entitled to any equitable relief, including a decree of specific performance or injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
LIFETIME ACCESS
When you purchase our digital product or program, you’re not just buying a one-time deal. You’re gaining ‘Lifetime Access,’ which lets you enjoy the product for the full extent of its operational life cycle. This isn’t your lifetime, but rather the active lifespan of the product or program itself. Should the product or program be updated, revamped, or enhanced, you’ll receive all future updates as part of your purchase. Moreover, if the content is downloadable, you can save it directly to your device for unrestricted access, anytime, anywhere. Please note, ‘Lifetime Access’ expires if the product or program is retired or terminated. In such cases, access will be revoked, and the ‘Lifetime Access’ term will be considered fulfilled. We reserve the sole right to determine the active lifespan of a product or program.
Upon purchase, the Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the ‘Courses’) for your own personal or internal business use. Except as otherwise stipulated, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Courses, you agree that the Courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company. Furthermore, you agree not to create any derivative work based upon the Courses and not to offer any competing products or services based on any information contained in the Courses.
REFUND POLICIES
Due to the digital nature of Seeds and Stalks’s products, all sales of digital courses, eBooks, templates, PDFs, workshops and the like are final. Seeds and Stalks does not provide any refunds for such products.
If you are a coaching client and you purchase a package of calls, Seeds and Stalks. will not provide a refund for any of those calls, regardless of whether you use them or not. Your purchase is a one-time upfront payment that cannot be refunded. It is your personal responsibility to book the calls and use every call in your package.
PAYMENT PLANS
When enrolling in a payment plan you agree to pay the monthly and/or annual fees listed on the checkout page each product. Recurring monthly payments will be charged to your card on the same calendar day each month (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on); recurring annual payments will be charged to your card on the same day, each year after you join (if, for example, you join on February 8, 2023, your card would be charged February 8, 2024 and so on).
If you opt for monthly payments through the payment plan, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth above.
Likewise, you hereby authorize the Company to charge your credit card or debit card automatically each month according to the terms set forth above. You understand, acknowledge and agree that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account. All payment information that you provide must be accurate, complete, and current. While Seeds and Stalks will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, it expressly disclaims any liability for any damage that may result should any information be released to any third parties, and you agree to hold Seeds and Stalks harmless for any damages that may result therefrom.
You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, and if all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be suspended and your account will be turned over to collections. For clarity, you are legally obligated to finish out your payment plan in full after the 14-day refund window has closed.
If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
ACCESS MAY BE REVOKED AT ANYTIME
Seeds and Stalks reserves the right to revoke access to any Product at any time without providing a refund if purchased content has been copied or used in an unauthorized manner. This includes copying the concept or creating a competing product using the information learned from the Product. Seeds and Stalks reserves the right to pursue damages for unauthorized use of downloaded materials.
CHANGES TO TERMS OF SERVICE
Seeds and Stalks may change, modify or update these Terms at any time without notice. Any access or use of the Product by you after Seeds and Stalks posts such changes shall constitute your consent to such modifications. If you have any questions or concerns about these Terms, contact rachel@seedsandstalks.com
.
Recent Comments