Terms & Conditions

Last updated on February 3, 2025.  These Terms and Conditions are effective immediately for purchasers of seed or users accessing or using Service on or after February 3, 2025.

Eagle Seed provides seeds for purchase and a website providing seed information (the “Site”) provided by Eagle Seed LLC (“Eagle Seed”, we or us), an Arkansas limited liability company. The following Terms and Conditions (“Terms”) govern your ability to use and access any content, functionality and services offered through the Site as a user of the Site (collectively “User”) or as a purchaser of seeds from Eagle Seed (“Buyer”).

Please read these Terms carefully before using this Site. These Terms governs your access to and use of the Site.  The Site is available for your use only on the condition that you agree to the terms of use set forth below.  If you do not agree to all of the terms of use, do not access or use the Site.

From time to time, we may modify the Terms. If we do so, we will make the modified Terms available through the Service, and indicate the date of the latest revision. We encourage you to review the Terms periodically for changes. Your continued use of the Service after revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms. If you do not agree with any changes to the Terms, you must cease using the Service.

PLEASE READ THE TERMS CAREFULLY. THROUGH USE OF THE SITE OR SERVICES MEANS YOU ACKNOWLEDGE AND REPRESENT THAT 1) YOU HAVE READ THESE TERMS, 2) UNDERSTAND THEM, AND 3) AGREE TO BE BOUND BY THEM. YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 13 YEARS OLD.

BY ACCESSING, USING OR MERELY BROWSING THE APP, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE INTO THESE TERMS.

EAGLE SEED ONLINE SERVICES

Eagle Seed is a seed company that provides the following Services to Users:

• All Content that we make accessible to you as a User of the Service;
• Any other services that we may provide to you.

Eagle Seed reserves the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, software, submission, feature, product or other Content offered through the Site. You agree that these Terms will apply to any changes or updates to the Services.  Eagle Seed will notify you of any change to the Services that reduces its functionality or features in any material respect or if it discontinues any Service and is not replaced by a substantially equivalent function or feature. If Eagle Seed has notified you under this section, you may terminate the affected Services upon providing notice to Eagle Seed.

Nothing in this section limits Eagle Seed’s ability to discontinue any Service or to make changes as required to comply with applicable law, address a material security risk, or avoid a substantial economic or technical burden.

PRODUCT SALES, ORDERING, AVAILABILITY AND PAYMENTS

Through the Services, you may be able to order and/or pay for goods or Services. All goods and Services displayed through the Eagle Seed Site will be delivered only within the United States. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. Eagle Seed reserves the right, without prior notice, to discontinue or change specifications on goods and Services offered through the Site.

Eagle Seed may permit you, through the Site, to order seed or other goods. All descriptions, images, features, specifications, products, and prices of goods or Services are subject to change at any time without notice. The inclusion of any goods on the Site does not imply or warrant that these goods will be available. Eagle Seed reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any good; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any good. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction. You acknowledge and agree that Site ordering and the ability to purchase goods is only available at participating locations (which locations are subject to change without notice). Prices and availability of menu items and customization options vary by location.

You understand and agree that you are charged at the time you place your order for goods. You further understand and agree that the transaction for the purchase of goods is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order. Once you have directed Eagle Seed to begin preparation of your order, you may not cancel your order.

You will be asked to designate and provide payment information (e.g., credit card, online payment service, or any other payment method made available by Eagle Seed) to pay for Services provided by Eagle Seed. If you provide your payment information, you authorize us and certain third party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Eagle Seed and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You may switch to a different payment method or update your information by updating your account information. No refunds or credits will be provided by Eagle Seed.

License and Ownership; Access to Site; Notice to Buyers

Any and all intellectual property rights (“Intellectual Property”) associated with the Site and its contents, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files and their selection and arrangement, (collectively, the “Content”), are the sole property of Eagle Seed, its affiliates or third parties.  The Content is protected by copyright and other laws in both the United States and other countries.  Elements of the Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Site are trademarks, service marks or trade dress (“Marks”) of Eagle Seed, its affiliates or other entities that have granted Eagle Seed the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Eagle Seed.  Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without the prior written permission of Eagle Seed or the appropriate third party.  Except as expressly provided herein, Eagle Seed does not grant to you any express or implied rights to our or any third party’s Intellectual Property. 

We grant you a limited, revocable, non-exclusive, license to access the Site and to view, copy and print the portions of the Content available to you on the Site. Such license is subject to these Terms specifically conditioned upon the following:

• you may only view such portions of the Content for your own non-commercial use;

• you may not modify or otherwise make derivative works of the Site or the Content or reproduce, distribute or display the Site or any Content except at permitted within these Terms;

• you may not remove any trademark, copyright or other proprietary notices placed on Content;

• you may not use data mining, robots or similar data gathering or extraction methods; and

• you may not use the Site or the Content other than for its intended purpose.

The license in this section is revocable by us at any time. You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

NOTICE TO BUYERS:

SEED SOLD BY EAGLE IS PROTECTED AND NO GROWER, BUYER, OR USER MAY SAVE SEED OR SEED PROGENY

DISCLAIMER OF WARRANTIES

EAGLE SEED MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.

EAGLE SEED MAKES NO GUARANTEES OR REPRESENTATIONS OF CROP YIELD, TOLERANCE, OR FREEDOM FROM DISEASE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

EAGLE SEED MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL INFORMATION CONTAINED ON THE SITE IS ACCURATE AND UP TO DATE. NEVERTHELESS, YOU MUST EVALUATE THE INFORMATION AND CONTENT OF THE SITE. YOUR USE AND BROWSING OF THE SITE IS EXCLUSIVELY AT YOUR OWN RISK AND THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  EAGLE SEED, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.  EAGLE SEED AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABLENESS, COMPLETENESS, SECURITY, TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE, OR IF YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS.  NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY EAGLE SEED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

EAGLE SEED WARRANTS THAT ANY SEEDS PURCHASED BY EAGLE SEED CONFORM TO THE LABEL DESCRIPTIONS ATTACHED TO THE CONTAINER WITHIN RECOGNIZED TOLERANCES UNDER STATE AND FEDERAL SEED LAWS.  THERE ARE NO OTHER WARRANTIES, OR REPRESENTATIONS AS TO THESE SEEDS AND THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AS TO CROP YIELDS OF THIS SEED OR AS TO THE RESPONSE OF THIS SEED TO ANY ENVIRONMENTAL CONDITIONS, DISEASE, INSECT OR ANIMAL FEEDING, CHEMICAL APPLICATIONS, FARMING PRACTICES OR OTHER GROWING CONDITIONS.  THE EXCLUSIVE REMEDY FOR LOSS OR DAMAGE DUE TO BREACH OF THE EXPRESS WARRANTY SET FORTH ABOVE OR OTHER CAUSE IS LIMITED TO THE REFUND OF THE PURCHASE PRICE OF THE SEED AND EAGLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE RESULTING FROM ANY SUCH BREACH. 

THE BUYER AND ANY USER BY ACCEPTANCE AND/OR USE OF THIS SEED AGREES TO THE TERMS AND CONDITIONS OF THIS STATEMENT OF LIMITATION OF WARRANTY AND REMEDIES. BUYERS SOLE REMEDY FOR ANY SEED NOT ACCEPTED ON THESE TERMS AND CONDITIONS MAY BE RETURNED TO EAGLE, OR THE DEALER FROM WHOM THE SEED WAS PURCHASED IN UNOPENED CONTAINER WITHIN TEN (10) DAYS OF PURCHASE FOR REFUND OF FULL PURCHASE PRICE.  MOREOVER, THE BUYER AND ANY USER BY ACCEPTANCE AND/OR USE OF THIS SEED AGREES NOT TO RESELL, GIVE AWAY, REPLANT PROGENY, REPRODUCE, RESELECT, BROWN BAG, USE IN BREEDING, OR GENETICALLY MANIPULATE THE SEED OR PLANT PARTS IN ANY WAY.      

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT EAGLE SEED IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, EAGLE SEED IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EAGLE SEED, ITS AFFILIATES, ITS LICENSORS, OR ITS SUPPLIERS OR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE SEED, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLECT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EAGLE SEED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EAGLE SEED IS TO DISCONTINUE YOUR USE OF THE SEED, THE SITE AND THE SERVICES.  EAGLE SEED IS NOT RESPONSIBLE FOR WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. UNDER NO CIRCUMSTANCES WILL EAGLE SEED BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE, THE CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

Compliance with Law

You agree to use the Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Eagle Seed, negatively reflect on the goodwill or reputation of Eagle Seed and shall take no actions which would cause Eagle Seed to be in violation of any laws, rulings or regulations applicable to Eagle Seed.

INDEMNIFICATION

You agree to defend, indemnify, and hold Eagle Seed harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, and employees, from and against any loss, damage, claim, liability, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the use of these Services or a breach of these Terms.

DISPUTE RESOLUTION; GOVERNING LAW; VENUE

Under the seed laws of states, arbitration, mediation or conciliation is required as a prerequisite to maintaining legal action based upon the failure of seed to which this notice is attached to produce as represented.  The Buyer shall file a complaint (sworn for AR, FL, IN, MS, SC, TX, WA; signed only CA, ID, ND & SD) along with the required filing fee (where applicable) with the Commissioner/Director/Secretary of Agricultural Officer within such time as to permit inspection of the crops, plants or trees by the designated agency and the seedsman from whom the seed was purchased.  A copy of the complaint shall be sent to Eagle Seed by certified or registered mail or as otherwise provided by state statute.

By using the Services or purchasing seed, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arkansas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.  The parties agree that any disputes shall be resolved by binding arbitration, as provided herein, in Washington County, Arkansas.

You and Eagle Seed agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy (a “Dispute”) relating to this Agreement. Either party may initiate negotiations by providing written notice to the other Party, setting forth the subject of the Dispute and the relief requested. The receiving Party will respond in writing within fourteen (14) calendar days with a statement of its position on, and recommended solution to, the Dispute. If the matter is not resolved within fourteen (14) more calendar days thereafter, either Party may submit the Dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and the award shall be enforceable in any court having jurisdiction thereof.  Any dispute or claim arising from or relating in any way to your use of the Services provided by Eagle Seed or these Terms will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes to the extent applicable. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. To begin an arbitration proceeding, visit AAA’s website (www.adr.org) for instructions.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action, unless otherwise agreed by all parties. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed.  Nor is combining individual proceedings without the consent of all parties.  Unless we each agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. 

We also both agree that the terms “dispute” and “claim” as used in this section are as broad as they can be and include any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforceability or validity of your, your licensors’, our, or our licensors’ intellectual property rights.  You or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  You and Eagle Seed consent to the exclusive jurisdiction of the state and federal courts sitting in Washington County, Arkansas for any non-arbitration actions, suits or other proceedings arising out of, or related to, the enforcement of either party’s rights hereunder.  You and Eagle Seed agree not to commence any action suit or proceeding in any other court and hereby irrevocably and unconditionally waive any objection to the laying of venue in any such court. 

Electronic Communications; Feedback

When you send e-mail to Eagle Seed, you are communicating electronically and Eagle Seed will communicate with you by e-mail.  We may also communicate by posting notices on the Site.  You agree that all notices, disclosures, and other communications that Eagle Seed makes electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, please stop using this Site.

We always appreciate your feedback and other suggestions about our Services and the Site. You agree that we may use any feedback, suggestions, comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback“), without any restriction, acknowledgment, or compensation paid to you, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and/or Services. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.  We are under no obligation to keep your Feedback confidential.

General

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

AMENDMENTS

As stated above, we may amend these Terms at any time and for any reason. We ask that you stay up-to-date with this Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our Site. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site.  Changes will be effective immediately for new users of our Site or Services.  If you object to any such changes, we ask that you cease using the Site and the Services.  By continuing to use the Site after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.  For this reason, we encourage you to review the Terms whenever you use the Site or Services.

If you have any questions or concerns regarding the Terms of Use, please contact us at [email protected].