PURE LINE SEEDS TERMS AND CONDITIONS
NOTICE: Read this entire Limited License Agreement Before Buying or Using the Seed contained in this container.
THIS IS A LEGAL CONTRACT WHICH SPECIFIES THE TERMS OF THE LIMITED LICENSE AGREEMENT BETWEEN YOU, THE BUYER OR USER AND PURE LINE SEEDS, INC. FOR THE LIMITED USE OF PURE LINE’S SEED.
IMPORTANT: If you, your employees, or anyone acting on your behalf opens this container of Seed, you acknowledge that you have been given notice of this Limited License Agreement and that you agree to its terms. You may not buy or use this Seed unless you so agree. If you are unwilling to agree with any of the terms or conditions of this Limited License Agreement, return the Seed to Pure Line Seeds, Inc., at once, unopened, and the purchase price will be refunded.
Intellectual Property Interest: Pure Line Seeds has a proprietary interest in the Seed in this container as a result of registration under the Plant Variety Protection Act and/or trade secret information contained in the genetic materials of the seed. Pure Line Seeds offers this seed for sale, now and in the future, subject to the terms of this Limited License Agreement. The purchase price of this Seed represents a license fee for the limited use of the intellectual property interests Pure Line Seeds has in the Seed. Under this Limited License Agreement, you may use the Seed in this container for the sole purpose of producing a single vegetable crop. This Limited License Agreement grants you no right to, and you will not: (a) identify, analyze, sequence, or otherwise gain access to any genetic or other confidential information embodied in or relating to the Seed; (b) use such information for any purpose or use the Seed for any purpose not authorized in this Limited License Agreement; or (c) sell, disclose, transfer, or give the Seed or information to any third party.
Notice Arbitration/Conciliation/Mediation Required by Several States: Under the seed laws of several states, ARBITRATION, CONCILIATION, or MEDIATION is required as a prerequisite to maintaining a legal action against a seller of seed based upon the failure of seed, to which this notice is attached, to perform as represented. Please consult your state department of agriculture as soon as you learn of the facts upon which a claim is to be based and before any legal action is initiated. Failure to follow this procedure could limit your legal rights or limit the amount of damages you may be able to recover, depending on the law of your state. NOTICE OF BINDING ARBITRATION: In addition to the mandatory arbitration required by several states, Buyer, User, and Pure Line Seeds agree that any claim or civil action of any nature arising out of or relating to the performance or quality of this Seed shall be submitted to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The place of arbitration shall be Warden, Washington, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Disputes concerning or related to the Limited License Agreement associated with this Seed, or concerning or related to intellectual property rights of Pure Line Seeds in or related to this Seed, or claims or causes of action brought by Pure Line Seeds against the Buyer for failure to pay for this Seed, are not subject to this NOTICE OF BINDING ARBITRATION.
Disclaimer of Warranties and Limitations of Liability: Pure Line Seeds warrants that the Seed contained in this container conforms to the description on the label, subject to legally recognized tolerances. PURE LINE SEEDS MAKES NO OTHER EXPRESS WARRANTY. PURE LINE SEEDS
DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. To the extent permitted by state and federal seed law, all Pure Line Seeds brand seeds are sold as is. Buyer’s and User’s exclusive remedy and Pure Line Seeds’ sole liability for loss or damage arising from the purchase or use of Pure Line’s seed shall be an amount equal to the price paid for the seed. BUYER OR USER MAY NOT RECOVER ANY AMOUNT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, LOSS OF YIELD AND AMOUNTS EXPENDED IN USING OR GROWING SUCH SEED, OR FOR HARVESTING THE PRODUCE OF SUCH SEED. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. Buyer and User agree that if Pure Line Seeds refunds an amount equal to the price Buyer or User paid for Pure Line’s seed, this limitation of liability will not have failed of its essential purpose.
By acceptance of these seeds or opening this package of seeds (“Seeds”), the user (“User”) accepts the terms included on the package of Seeds. If the User does not agree with these terms and conditions, then the User must return the original unopened Seeds package to PureLine Seeds, Inc. (“PureLine”) or a PureLine authorized distributor (“Distributor”) within 20 days of receipt, and the User’s sole remedy shall be a refund of the original purchase price paid by the User.
ARBITRATION/CONCILIATION/MEDIATION – Under the seed laws of several states, including but not limited to, AR, CA, CO, FL, GA, ID, IL, IN, MS, MT, ND, SC, SD, TX, and WA, arbitration, mediation or conciliation is required as a prerequisite to maintaining a legal action based upon the failure of the seeds to which this notice is attached to produce as represented. The User shall file a sworn complaint (unsworn for CA, GA, ID, ND, SD) along with the required filing fee (where applicable) with the appropriate state office within such time as to permit inspection of the crops or plants by the designated agency and the seedsman from whom the seeds were purchased or otherwise lawfully acquired. A copy of the complaint shall be sent to the seller by certified or registered mail or as otherwise provided by the statute. For all other states not listed above, contact your local state official for applicable rules and requirements.