Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND COMPLETELY BEFORE USING THIS WEBSITE.

Welcome to “The SEEDS Plan” website. The information provided on this website (this “Website”) is for informational purposes and for your general interest only. Your access to and use of the information contained on this Website is subject to the terms and conditions described herein. Please read and review these Terms and Conditions of Use carefully and completely before accessing or using this Website. By accessing or using this Website, you acknowledge that you have read, understood and agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not access or use this Website. The SEEDS Plan reserves the right to revise these Terms and Conditions of Use at any time. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current terms, because they are binding on you.

1. This Website Does Not Provide Medical Advice or Information

This Website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes and for your general interest only. Such information is not intended to be a substitute for medical advice, diagnosis or treatment provided by a qualified healthcare professional. You should not use the information contained herein for diagnosing or treating a health condition, problem or disease. Please consult with your doctor or medical healthcare professional to see if any information discussed at this Website is appropriate for you.

2. Rules and Use

If, and only if, you agree to, and are in full compliance with, these Terms and Conditions of Use, The SEEDS Plan authorizes you to view and access a single copy of the publicly available pages on the Website solely for your personal use. In addition, the Website and the Content (as defined in Section III below) are made available for the limited purpose of allowing you and/or your medical provider to use The SEEDS Plan for information, online test ordering and other services. Any other use, duplication, distribution or other exploitation of the Website, the Content or any portion thereof by any user is strictly prohibited. Without limiting the foregoing, in no event may any user directly or indirectly:

(a) Republish, post, upload, frame, retransmit, redistribute, modify, remove any intellectual property or similar notices or otherwise reproduce the Website or any Content in any format to anyone in any way (other than the download to your personal computer that is inherent in viewing a web page);

(b) Access, attempt to access, or obtain any information regarding other users;

(c) Allow anyone else to use or access your name, account or password, if any;

(d) Use any robot, spider or other data mining or other automatic device, program, or similar process or means to access, acquire, copy or monitor the Website, another user, the Content or any portion thereof, or in any way circumvent the navigational structure or presentation of the Website or any Content;

(e) Breach or attempt to breach the security or authentication measures on the Website or any network or database connected to the Website;

(f) Collect any information related to any Website users or other Content from the Website for the benefit of any other entity or person or share this information with any other person or entity;

(g) Decompile, reverse engineer, disassemble or otherwise reduce any software code for the Website to a human-readable form;

(h) Make any automated high-volume or other use of the Website for re-mailing, spamming or other purposes;

(i) Use the Website or the Content in violation of any applicable law, rule or regulation;

(J) Use the Website for any purpose other than to utilize the intended information and services offered through the Website;

(k) Submit any data, content or other material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website, the Content or any connected network or database, or otherwise interferes with any person or entity’s use or enjoyment of the Website;

(l) Submit any data, content or other material in violation of any applicable law or regulation, that violates or infringes upon the patent, trademark, copyright, trade secret, privacy, publicity or other rights of any third party;

(m) Submit any data, content or other material that is false, misleading, deceptive, defamatory, obscene, indecent, threatening, abusive, offensive, harassing, or hateful; or

(n) Pretend to be another person or entity or misrepresent your identity, sponsorship, or affiliation with any such third party, including using a third party’s username, password, personally identifiable or other account information.

You must maintain the confidentiality of your account and other information and to promptly notify us if you become aware of any third party use of your account or other information relating to the Website or the Content. You are responsible for all acts, omissions, statements and other uses of your account and other information on the Website.

We cannot and do not assure that other users are complying, or will continue to comply, with the provisions of these Terms and Conditions of Use, and, as between you and The SEEDS Plan, you assume all risk of harm or injury resulting from any such lack of compliance.

3. Disclaimers of Liability and Warranties

By using this Website you hereby agree not to rely on any of the information contained herein. The SEEDS Plan will use reasonable efforts to include accurate and up-to-date information on this Website, but The SEEDS Plan MAKES NO WARRANTIES OR REPRESENTATION OF ANY KIND REGARDING THE USE OF THIS WEBSITE OR AS TO ITS ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS. The SEEDS Plan reserves the right to make changes or improvements to this Website at any time.

YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT HEREOF IS AT YOUR OWN RISK. THIS WEBSITE AND ALL THE MATERIALS, INFORMATION AND SERVICES IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS (COLLECTIVELY, THE “CONTENT”), ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, The SEEDS Plan DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL The SEEDS Plan, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF The SEEDS Plan OR A The SEEDS Plan AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS INCLUDE DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. YOU (AND NOT The SEEDS Plan) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE ABOVE EXCLUSIONS AND LIMITATION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

4. Privacy Statement and Policy

The SEEDS Plan respects your privacy. Please see our Privacy Statement and Policy that explains your rights and responsibilities with respect to information that is disclosed on or to this Website. To the extent there is an inconsistency between these Terms and Conditions of Use and the The SEEDS Plan Privacy Statement and Policy, these Terms and Conditions of Use shall govern.

5. Submission of Ideas

The SEEDS Plan appreciates hearing from you and welcomes your comments regarding this Website and/orThe SEEDS Plan products or services. However, it isThe SEEDS Plan policy not to accept unsolicited ideas about new products, advertising or marketing concepts or improvements. The SEEDS Plan staff and consultants may be working on ideas that are the same or similar to yours. The SEEDS Plan policy is to avoid confusion about our ownership of new concepts. If you send us a message about a proposed idea, your message will be treated as non-proprietary and non-confidential and becomes property of The SEEDS Plan. The SEEDS Plan shall be free to use the content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose whatsoever, including developing, manufacturing and/or marketing goods or services, at our sole discretion, without compensation to you.

You agree that you will not upload or transmit to this Website any communications or content that infringe or violate any rights of any party. In addition, you agree that you will not send or transmit toThe SEEDS Plan by email, (including through the “Contact” link) any communication or content that infringes or violates any rights of any party.

6. Links to Other Websites

This Website may provide links or references to websites maintained by third parties over whomThe SEEDS Plan has no control. Such links or references are provided as a convenience to the users of this Website. Similarly, this Website may be accessed from third party links over whichThe SEEDS Plan has no control. The SEEDS Plan has no responsibility for and makes no representations or warranties of any kind for the content of other websites linked to this Website, or for any products or services mentioned or offered on such websites. The SEEDS Plan shall not be liable for any damages or injury arising from that content. You access such other websites solely at your own risk. Inclusion of any third party link does not constitute an endorsement or recommendation byThe SEEDS Plan.

7. Applicable Law

This Website and the Content are intended to comply with the laws and regulations in the United States of America, and the information pertaining to The SEEDS Plan products and services is intended for use only by residents of the United States of America. The SEEDS Plan makes no representation or warranty that the Content is appropriate or available for use in other countries, and access to it from countries where its content is illegal is prohibited. Those who choose to access this Website from other countries do so on their own initiative and are solely responsible for compliance with applicable local laws. Any offer for any product or service made on this Website is void where prohibited. You may not use or export the Content in violation of U.S. export laws and regulations.

8. Copyright and Use of this Website

All Content (including, without limitation, Website design, text, graphics, icons and the selection and arrangement thereof) of this Website is the property of The SEEDS Plan or used under license byThe SEEDS Plan, and is subject to copyright protection. The SEEDS Plan does not waive any of its proprietary rights to such content.

The SEEDS Plan authorizes you to display and electronically copy, download and print hard copy, for noncommercial use only, documents or pages published byThe SEEDS Plan on this Website, provided that any copy of these documents or pages which you make shall retain all copyright or proprietary notices and any disclaimers contained herein. Any other use of materials on the Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission of The SEEDS Plan, is prohibited. The availability of the Contents through this Website shall under no circumstance constitute a transfer of any copyrights, trademarks or other intellectual property rights of The SEEDS Plan to any Website user or any third party. This Website and the Content are protected by U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any content you obtain from this Website. All Content Copyright © 2018 – The SEEDS Plan, all rights reserved.

If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

9. Trademarks

All logos, trademarks, service marks and trade dress (hereinafter collectively referred to as “Trademarks”) displayed on this Website, whether or not appearing in large print or with or without the trademark symbol, are registered and unregistered Trademarks of The SEEDS Plan, or of third parties. Use of the Trademarks displayed on this Website, or any Content, except as provided herein, is strictly prohibited. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of The SEEDS Plan or such third party that may own the Trademarks displayed at this Website. Furthermore, please be advised that The SEEDS Plan actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

10. Indemnification

You agree to indemnify, defend, and hold harmless The SEEDS Plan/Artisanal Informatics LLC, its managers, members, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these Terms and Conditions of Use (including, but not limited to, negligent or wrongful conduct) by you. The SEEDS Plan reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The SEEDS Plan in asserting any available defenses.

11. Termination of Your Use of the Website

The SEEDS Plan may terminate your use of the Website at any time and without notice to you if, in its sole judgment, you breach any term or condition of these Terms and Conditions of Use. Upon termination, you must destroy all materials obtained from this Website.

12. Governing Law

These Terms and Conditions of Use and your use of the Website or the Content shall be governed by the laws of the State of New Mexico, without regard to its conflict of laws provisions. Any legal action or proceeding relating to this Website shall be brought exclusively in a federal or state court of competent jurisdiction in Santa Fe, New Mexico.

13. Entire Agreement

If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, the remaining provisions of these Terms and Conditions of Use will remain in place. These Terms and Conditions of Use are the entire agreement between you and the SEEDS Plan regarding all aspects of your use of this Website and/or the Content.