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User Agreement for HybridSeedClub.com By using this website, you accept the terms of this User Agreement, which are effective Novembe 4, 2018 for existing and new users. In this User Agreement: 1. Introduction 2. About HybridSeedClub.com 3. Using HybridSeedClub.com 4. Policy Enforcement 5. Fees 6. Listing Conditions 7. Purchase Conditions 8. International Buying and Selling; Translation 9. Content 10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code 11. Holds 12. Authorization to Contact You; Recording Calls 13. Additional Terms Returns and Cancellations Shipping Program HybridSeedClub.com Money Back Guarantee 14. Disclaimer of Warranties; Limitation of Liability 15. Release 16. Indemnity 17. Legal Disputes 18. General 1. Introduction This User Agreement, the Mobile devices terms, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which HybridSeedClub.com offers you access to and use of our Services. The Mobile devices terms, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all of the terms of this User Agreement when accessing or using our Services. The entity you are contracting with is: HybridSeedClub LLC., Ephrata, PA 17522, if you reside in the United States. If you reside in any other country, our services are currently not available. In this User Agreement, these entities are individually and collectively referred to as "HybridSeedClub.com," "we," or "us." Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. 2. About HybridSeedClub.com Hybrid Seed Club is a marketplace that allows users to offer, sell and buy agricultural seeds in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. HybridSeedClub.com is not a traditional auctioneer. While we may provide pricing, shipping, listing, sourcing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, HybridSeedClub.com has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. 3. Using HybridSeedClub.com In connection with using or accessing the Services you will not: post, list or upload content or items in inappropriate categories or areas on our sites; breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status; use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools; fail to pay for items purchased by you, unless you have a valid reason as set out in an HybridSeedClub.com policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy); fail to deliver items sold by you, unless you have a valid reason as set out in an HybridSeedClub.com policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer; manipulate the price of any item or interfere with any other user's listings; post false, inaccurate, misleading, deceptive, defamatory, or libelous content; take any action that may undermine the feedback or ratings systems (see All about our Feedback policies); transfer your HybridSeedClub.com account (including Feedback) and user ID to another party without our consent; distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm HybridSeedClub.com or the interests or property of users; use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of HybridSeedClub.com; interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; export or re-export any HybridSeedClub.com application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to HybridSeedClub.com. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to HybridSeedClub.com or someone else; infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you; commercialize any HybridSeedClub.com application or any information or software associated with such application, except with the prior express permission of HybridSeedClub.com; harvest or otherwise collect information about users without their consent; or circumvent any technical measures we use to provide the Services. Sellers must meet HybridSeedClub.com's minimum performance standards. Failure to meet these standards may result in HybridSeedClub.com charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account. If we believe you are abusing HybridSeedClub.com and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. If we believe you are violating the policy on Offers to buy or sell outside of HybridSeedClub.com, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of HybridSeedClub.com, you may be liable to pay a final value fee applicable to that item, even if the item does not sell. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion. 4. Policy Enforcement When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. 5. Fees The fees we charge for using our Services are listed on our Standard selling fees page, currently $0.00 per bag of seed. We may change our seller fees from time to time by posting the changes on the HybridSeedClub.com site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. If you are a seller, you are liable for transaction fees arising out of all sales made using some or all HybridSeedClub.com Services, even if sales terms are finalized or payment is made outside of HybridSeedClub.com. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of HybridSeedClub.com, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of HybridSeedClub.com Services for the introduction to a buyer. You must have a payment method on file when selling through HybridSeedClub.com Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that Stripe deduct the amount owed from your Stripe account balance. In addition, you will be subject to late fees. HybridSeedClub.com, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information HybridSeedClub.com reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us. If you wish to dispute the information a collection agency reported to a credit bureau regarding your HybridSeedClub.com account, you must contact the collection agency directly. Seller fees don't purchase exclusive rights to item exposure on HybridSeedClub.com, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services. 6. Listing Conditions When listing an item, you agree to comply with HybridSeedClub.com Listing policies and Selling practices policy and that: You are responsible for the accuracy and content of the listing and item offered Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). HybridSeedClub.com can't guarantee exact listing durations When you use the consumer seller listing tool to create listings, your fixed-price listings may renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing Content that violates any of HybridSeedClub.com's policies may be modified, obfuscated or deleted at HybridSeedClub.com's discretion We may revise product data associated with listings to supplement, remove, or correct information We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to: buyer's location, search query, browsing site, and history; item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query; seller's history, including listing practices, Detailed Seller Ratings, HybridSeedClub.com policy compliance, Feedback, and defect rate; and number of listings matching the buyer's query To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer Some advanced listing upgrades will only be visible on certain Services HybridSeedClub.com's Duplicate listings Policy may also affect whether your listing appears in search results Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers 7. Purchase Conditions When buying an item, you agree to the Rules and policies for buyers and that: You are responsible for reading the full item listing before making a bid or commitment to buy You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted) 8. International Buying and Selling; Translation Our Services are currently not accessible to international sellers and buyers. 9. Content When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against HybridSeedClub.com, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. HybridSeedClub.com takes no responsibility and assumes no liability for any content provided by you or any third party. We offer product data (including images, descriptions and specifications) that are provided by third parties (including HybridSeedClub.com users). You may use that content solely in your HybridSeedClub.com listings. HybridSeedClub.com may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings). We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that HybridSeedClub.com is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate. The name "HybridSeedClub" and other HybridSeedClub marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of HybridSeedClub in the U.S. and other countries. They may not be used without the express written prior permission of HybridSeedClub.com. 10. Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. HybridSeedClub.com's Verified Rights Owner program works to ensure that listed items and content on our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our Verified Rights Owner team and we will investigate. 11. Holds To protect HybridSeedClub.com from risk of liability for your actions as a seller, HybridSeedClub.com has at times recommended, and may continue to recommend, that Stripe restrict access to funds in a seller's Stripe account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an HybridSeedClub.com Money Back request case. This may result in Stripe restricting funds in your Stripe account. 12. Authorization to Contact You; Recording Calls; Analyzing Message Content HybridSeedClub.com may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. HybridSeedClub.com may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, HybridSeedClub.com may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time. HybridSeedClub.com may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by HybridSeedClub.com to carry out the purposes identified above. HybridSeedClub.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with HybridSeedClub.com or its agents for quality control and training purposes, or for its own protection. HybridSeedClub.com's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of HybridSeedClub.com's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. HybridSeedClub.com may store message contents, including to conduct this scanning and analysis. Privacy of Others; Marketing If HybridSeedClub.com provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so. 13. Additional Terms Returns and Cancellations Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. HybridSeedClub.com is not responsible for returns. The buyer and/or seller are responsible for any return shipping costs. You agree to comply with our returns policy. When an item is returned, to refund the buyer, you (as seller) authorize HybridSeedClub.com to request that Stripe remove the refund amount (in same or other currency) from your Stripe account, place the amount on your invoice, and/or charge your payment method on file. The cost of return shipping for an item that is not as described is the seller's responsibility. You (as seller) authorize HybridSeedClub.com to place the return shipping label cost on your invoice, subject to your automatic payment method on file when: An HybridSeedClub.com-generated return shipping label is used, and the seller is responsible for its cost; Returns have been automated; You fail to send your buyer a return shipping label and, instead, an HybridSeedClub.com-generated shipping label is used; and/or A transaction is cancelled, and to refund the buyer, you (as seller) authorize HybridSeedClub.com to request that Stripe remove the refund amount (in same or other currency) from your Stripe account. See canceling a transaction for more details. Global Shipping Program One of the ways that we may make HybridSeedClub.com listings available to international buyers on HybridSeedClub.com and on HybridSeedClub.com's International Sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the United States after receiving notification of payment from your buyer. A third-party global shipping provider, may oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, HybridSeedClub.com may respond directly to the buyer if the question pertains to the services overseen by shipping (for example, customs or international shipping). You pay no additional fees for selling through the Global Shipping Program. Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, your buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with the shipping contractor acting as your buyer's forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information. You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by HybridSeedClub.com to the shipping partner and to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. HybridSeedClub.com does not control the privacy policies of the shipping partner, its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable. Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our Global Shipping Program - opens in new window or tab and Global Shipping FAQs - opens in new window or tab pages. HybridSeedClub.com Money Back Guarantee Most HybridSeedClub.com sales go smoothly, but if there's a problem with a purchase, the HybridSeedClub.com Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any HybridSeedClub.com Money Back Guarantee case. If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or HybridSeedClub.com under the HybridSeedClub.com Money Back Guarantee, you authorize HybridSeedClub.com to request that Stripe remove the reimbursement amount (in same or other currency) from your Stripe account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the HybridSeedClub.com Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy. 14. Disclaimer of Warranties; Limitation of Liability We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in HybridSeedClub.com's applications may not occur in real time. Such functionality is subject to delays beyond HybridSeedClub.com's control. You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: the content you provide (directly or indirectly) using the Services; your use of or your inability to use our Services; pricing, shipping, format, or other guidance provided by HybridSeedClub.com; delays or disruptions in our Services; viruses or other malicious software obtained by accessing or linking to our Services; glitches, bugs, errors, or inaccuracies of any kind in our Services; damage to your hardware device from the use of any HybridSeedClub.com Service; the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; a suspension or other action taken with respect to your account or breach of the Abusing HybridSeedClub.com Section above; the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the HybridSeedClub.com Money Back Guarantee up to the price the item sold for on HybridSeedClub.com (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100. 15. Release If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. 16. Indemnity You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of HybridSeedClub.com's Services or your breach of any law or the rights of a third party. 17. Legal Disputes PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HYBRIDSEEDCLUB HAVE AGAINST EACH OTHER ARE RESOLVED. You and HybridSeedClub.com agree that any claim or dispute at law or equity that has arisen, or may arise, between you and HybridSeedClub.com (including any claim or dispute between you and a third-party agent of HybridSeedClub.com) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of HybridSeedClub.com or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. A. Applicable Law You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Pennsylvania, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and HybridSeedClub.com, except as otherwise stated in this User Agreement. B. Agreement to Arbitrate You and HybridSeedClub.com each agree that any and all disputes or claims that have arisen, or may arise, between you and HybridSeedClub.com (including any disputes or claims between you and a third-party agent of HybridSeedClub.com) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to the Services, the actions of HybridSeedClub.com or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND HYBRIDSEEDCLUB AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND HYBRIDSEEDCLUB AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and HybridSeedClub.com’s right to appeal the court's decision. All other claims will be arbitrated. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice"). You may download a form Notice - opens in new window or tab. The Notice to HybridSeedClub.com should be sent to HybridSeedClub LLC., Attn: Litigation Department, Re: Notice of Dispute, 565 Cloverbrook DrEphrata, PA 17522. HybridSeedClub.com will send any Notice to you to the physical address we have on file associated with your HybridSeedClub.com account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and HybridSeedClub.com are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or HybridSeedClub.com may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to HybridSeedClub.com at the following address: HybridSeedClub.com, Ephrata, PA 17522. In the event HybridSeedClub.com initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your HybridSeedClub.com account. Any settlement offer made by you or HybridSeedClub.com shall not be disclosed to the arbitrator. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or HybridSeedClub.com may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and HybridSeedClub.com subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or HybridSeedClub.com may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same HybridSeedClub.com user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, HybridSeedClub.com will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by HybridSeedClub.com should be submitted by mail to the AAA along with your Demand for Arbitration and HybridSeedClub.com will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse HybridSeedClub.com for all fees associated with the arbitration paid by HybridSeedClub.com on your behalf that you otherwise would be obligated to pay under the AAA's rules. Severability With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. Opt-Out Procedure IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO HYBRIDSEEDCLUB LLC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 565 CLOVERBROOK DR. EPHRATA, PA, 17522. For your convenience, we are providing an Opt-Out Notice form - opens in new window or tab. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the HybridSeedClub.com Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of this User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against HybridSeedClub.com prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and HybridSeedClub.com. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.HybridSeedClub.com at least 30 days before the effective date of the amendments and by providing notice through the HybridSeedClub.com Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms. C. Judicial Forum for Legal Disputes Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and HybridSeedClub.com must be resolved exclusively by a state or federal court located in Lancaster County, Pennsylvania. You and HybridSeedClub.com agree to submit to the personal jurisdiction of the courts located within Lancaster County, Pennsylvania for the purpose of litigating all such claims or disputes. 18. General Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.HybridSeedClub.com. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement. We may amend this User Agreement at any time by posting the amended terms on www.HybridSeedClub.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you through the HybridSeedClub.com Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an HybridSeedClub.com representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment. Data submitted on HybridSeedClub.com that is ordinary and necessary to complete a technology agreement may be shared with seed retailers, seed distributors, seed producers, seed genetics suppliers and any other interested party to a Seed Technology Use Agreement. The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the HybridSeedClub.com Service. If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and HybridSeedClub.com, and supersede all prior understandings and agreements of the parties. The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. User Privacy Notice This Privacy Notice was posted on November 10, 2018. It is effective immediately for new users, and from December 1, 2018 for all other users.
The performance and yield data shown represents past performance, which is not a guarantee of future results. Individual product responses are variable and subject to a variety of disease, environmental, and pest pressures please use this site only as one component of your product positioning decision.
Disclaimer: We strive to keep all information accurate and up-to-date; however, product availability, pricing, promotions are subject to change without notice. The illustration and tools on this site are educational only, and do not take into consideration your personal circumstances or other factors that may be important in making variety selection and purchase decisions. Always read the label and bag, which takes precedence over anything listed on the website. B.t. products may not yet be registered in all states. Check with your Monsanto representative for the registration status in your state. IMPORTANT IRM INFORMATION: Genuity® RIB Complete® corn blend products do not require the planting of a structured refuge except in the Cotton-Growing Area where corn earworm is a significant pest. Always read and follow IRM requirements. ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. Roundup Ready 2 Xtend Soybeans contains genes that confer tolerance to glyphosate and dicamba. Glyphosate herbicides will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Contact your Monsanto dealer or refer to Monsanto’s Technology Use Guide for recommended Roundup Ready® Xtend Crop System weed control programs. Genuity Design®, Genuity®, RIB Complete and Design®, RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready 2 Xtend®, Roundup Ready 2 Yield®, Roundup Ready®, Roundup®, SmartStax and Design®, SmartStax®, VT Double PRO® and VT Triple PRO® are trademarks of Monsanto Technology LLC. LibertyLink and the Water Droplet Design® is a registered trademark of Bayer. Herculex® is a registered trademark of Dow AgroSciences LLC. Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association. Liberty Link Before opening a bag of seed, be sure to read and understand the stewardship requirements, including applicable refuge requirements for insect resistance management, for the biotechnology traits expressed in the seed as set forth in the technology agreement that you sign. By opening and using a bag of seed, you are reaffirming your obligation to comply with the most recent stewardship requirements. Monsanto Company is a member of Excellence Through Stewardship® (ETS). Monsanto products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Monsanto’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Only commercialized products have been approved for import into key export markets with functioning regulatory systems. Any crop or material produced from this product can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for this product. Excellence Through Stewardship® is a registered trademark of Biotechnology Industry Organization. B.t. products may not yet be registered in all states. Check with your Monsanto representative for the registration status in your state. IMPORTANT IRM INFORMATION: Genuity® RIB Complete® corn blend products do not require the planting of a structured refuge except in the Cotton-Growing Area where corn earworm is a significant pest. See the IRM/Grower Guide for additional information. Always read and follow IRM requirements. Roundup Technology® includes Monsanto’s glyphosate-based herbicide technologies. ALWAYS READ AND FOLLOW PESTICIDE LABEL DIRECTIONS. Roundup Ready® crops contain genes that confer tolerance to glyphosate, the active ingredient in Roundup® brand agricultural herbicides. Roundup® brand agricultural herbicides will kill crops that are not tolerant to glyphosate. Genuity Design®, Genuity Icons, Genuity®, RIB Complete and Design®, RIB Complete®, Roundup PowerMAX®, Roundup Ready 2 Technology and Design®, Roundup Ready 2 Yield®, Roundup Ready®, Roundup Technology®, Roundup®, SmartStax and Design®, SmartStax®, VT Double PRO® and VT Triple PRO® are trademarks of Monsanto Technology LLC. LibertyLink and the Water Droplet Design® is a registered trademark of Bayer. Herculex® is a registered trademark of Dow AgroSciences LLC. Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association. Agrisure®, Agrisure Artesian®, Agrisure Duracad®, Agrisure Viptera®, Artesian™ and E-Z Refuge® are trademarks of a Syngenta Group Company. Seed products with the LibertyLink® (LL) trait are resistant to the herbicide glufosinate ammonium, an alternative to glyphosate in corn, and combine high-yielding genetics with the powerful, non-selective, postemergent weed control of Liberty® herbicide for optimum yield and excellent weed control. LibertyLink®, Liberty® and the Water Droplet logo are registered trademarks of Bayer. Caution: Do not spray E-Z Refuge® products with Liberty® Brand Herbicide. Agrisure® Technology incorporated into these seeds is commercialized under license from Syngenta Seeds, Inc. Herculex® Technology incorporated into these seeds is commercialized under license from Dow AgroSciences LLC. HERCULEX: HERCULEX® and the HERCULEX Shield are trademarks of Dow AgroSciences LLC. Respect the Rotation™ is an initiative to elevate the importance and grower adoptions of herbicide diversity to prevent or manage weed resistance. Glyphosate weed resistance is a dominating threat throughout the United States that affects land values, rental agreements, conservation tillage and can greatly reduce yields. The use of Integrated Weed Management practices, such as use of residuals, pre-emergence herbicides and rotation of crops, traits and herbicides, is critical as no one method is likely to be completely successful.
Insect Resistance Management GraphicRespect the Refuge GraphicBefore opening a bag of seed, be sure to read, understand and accept the stewardship requirements, including applicable refuge requirements for insect resistance management, for biotechnology traits expressed in the seed set forth in the technology agreement that you sign. By opening and using a bag of seed, you are reaffirming your obligation to comply with the most recent stewardship requirements. Monsanto Company is a member of Excellence Through Stewardship® (ETS). Monsanto products are commercialized in accordance with ETS Product Launch Stewardship Guidance, and in compliance with Monsanto’s Policy for Commercialization of Biotechnology-Derived Plant Products in Commodity Crops. Certain products have been approved for import into key export markets with functioning regulatory systems. Any crop or material produced from this product can only be exported to, or used, processed or sold in countries where all necessary regulatory approvals have been granted. It is a violation of national and international law to move material containing biotech traits across boundaries into nations where import is not permitted. Growers should talk to their grain handler or product purchaser to confirm their buying position for this product. Growers should refer to http://www.biotradestatus.com for any updated information on import country approvals. Excellence Through Stewardship® is a registered trademark of Biotechnology Industry Organization. B.t. products may not yet be registered in all states. Check with your Monsanto or Syngenta representative for the registration status in your state. IMPORTANT IRM INFORMATION: Genuity® RIB Complete® corn blend products do not require the planting of a structured refuge except in the Cotton-Growing Area where corn earworm is a significant pest. SmartStax® RIB Complete® corn blend is not allowed to be sold for planting in the Cotton-Growing Area. See the IRM/Grower Guide for additional information. Always read and follow IRM requirements. Performance may vary, from location and from year to year, as local growing, soil and weather conditions may vary. Growers should evaluate data from multiple locations and years whenever possible and should consider the impacts of these conditions on the grower’s fields. ALWAYS READ AND FOLLOW DIRECTIONS FOR USE ON PESTICIDE LABELING. IT IS A VIOLATION OF FEDERAL AND STATE LAW to use any pesticide product other than in accordance with its labeling. NOT ALL formulations of dicamba or glyphosate are approved for in-crop use with Roundup Ready 2 Xtend® soybeans. ONLY USE FORMULATIONS THAT ARE SPECIFICALLY LABELED FOR SUCH USES AND APPROVED FOR SUCH USE IN THE STATE OF APPLICATION. IN CROP USES MAY NOT BE APPROVED IN ALL STATES. Contact the U.S. EPA and your state pesticide regulatory agency with any questions about the approval status of dicamba herbicide products for in-crop use with Roundup Ready 2 Xtend® soybeans. Roundup Ready 2 Xtend® soybeans contain genes that confer tolerance to glyphosate and dicamba. Glyphosate herbicides will kill crops that are not tolerant to glyphosate. Dicamba will kill crops that are not tolerant to dicamba. Contact your Monsanto dealer or refer to Monsanto’s Technology Use Guide for recommended weed control programs. Roundup Ready® crops contain genes that confer tolerance to glyphosate, the active ingredient in Roundup® brand agricultural herbicides. Roundup® brand agricultural herbicides will kill crops that are not tolerant to glyphosate. Acceleron®, Genuity®, RIB Complete and Design®, RIB Complete®, Roundup Ready 2 Technology and Design®, Roundup Ready 2 Yield®, Roundup Ready 2 Xtend®, Roundup Ready®, Roundup®, SmartStax and Design®, SmartStax®, Trecepta™, Trecepta™ RIB Complete, Vaporgrip®, VT Double PRO®, and Xtendimax® are trademarks of Monsanto Technology LLC. LibertyLink® and the Water Droplet Design® are registered trademarks of Bayer. Herculex® is a registered trademark of Dow AgroSciences LLC. Respect the Refuge and Corn Design® and Respect the Refuge® are registered trademarks of National Corn Growers Association. All other trademarks are the property of their respective owners. Consult bag tags for E-Z Refuge product herbicide options; only those labeled GT/LL may be sprayed with glufosinate. Agrisure®, Agrisure Artesian®, Agrisure Duracade®, Agrisure Viptera®, Artesian™, and E-Z Refuge® are trademarks of a Syngenta Group Company. Some crop protection products may not be registered for sale or use in all states or counties. Please check with your local extension service to ensure registration status. HERCULEX I Logo HERCULEX XTRA Logo Agrisure® Technology incorporated into these seeds is commercialized under license from Syngenta Seeds, Inc. HERCULEX® Technology incorporated into these seeds is commercialized under license from Dow AgroSciences LLC. HERCULEX® and the HERCULEX shields are registered trademarks of Dow AgroSciences LLC. LibertyLink® Logo Seed products with the LibertyLink® (LL) trait are resistant to the herbicide glufosinate ammonium, an alternative to glyphosate in corn, and combine high-yielding genetics with the powerful, non-selective, postemergent weed control of Liberty® herbicide for optimum yield and excellent weed control. Bayer CropScience LP, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709. Always read and follow label instructions. Bayer, the Bayer Cross, Liberty, LibertyLink and the Water Droplet Design are registered trademarks of Bayer. Liberty is not registered in all states. For additional product information call toll-free 1-866-99-BAYER (1-866-992-2937) or visit our Web site at www.BayerCropScienceUS.com.
Caution: Do not spray E-Z Refuge products with glufosinate ammonium based herbicides, including Ignite® and Liberty® herbicides. Agrisure®, Agrisure Artesian®, Agrisure Duracade™, Agrisure Viptera®, Artesian™, E-Z Refuge®, the Alliance Frame, the Purpose Icon and the Syngenta logo are trademarks of a Syngenta Group Company. Herculex and the Herculex shield logo are registered trademarks of Dow AgroSciences LLC. Genuity®, SmartStax®, VT Triple PRO™ and YieldGard® are trademarks of Monsanto Technology LLC. LibertyLink®, Liberty® and the Water Doplet are registered trademarks of Bayer.
Thank you for using hybridseedclub™. All disclaimers and warranties will be provided and will also be printed on the product container. The above products invoiced are subject to availability at delivery. Discounted price includes the value of the regular ﴾excludes replant and sample﴿ invoiced seed and any associated seed treatments listed on this invoice, while assuming the use of all applicable discounts based on meeting qualifications for each period, or the customer´s locked discount rate, and no other price changes. You may pay electronically via hybridseedclub.com website or by check with proceeding fee. To qualify for the savings shown, full payment must be in supplier's possession via a cash payment, an electronic payment that is scheduled for payment by the date shown. When you provide a check as payment, you authorize either to use information from your check to make an electronic funds transfer from your account or to process the payment as a check transaction. By authorizing an electronic funds transfer you also agree to be bound by the Stripe's terms and/or NACHA Operating Rules. Terms of sale are cash PAYMENT DUE PRIOR TO DELIVERY of goods. Any unpaid account balances will accrue a finance charge at the rate of 1.5% per month ﴾18% or at the maximum rate allowed by your state law, if less than 1.5%﴿. Except as noted above, HybridSeedClub has a no return policy; however, HybridSeedClub may in its sole discretion, allow for a return of product﴾s﴿ in limited circumstances. By the purchasing of the products listed on this invoice, you hereby consent to the jurisdiction of the state or federal courts in Lancaster County, Pennsylvania in the event of litigation concerning this purchase. If binding arbitration is required ﴾see bag﴿, the place of the arbitration will be Lancaster County, Pennsylvania. If you are not within our suppliers delivery range or you have not signed a Technology Agreement, then this document or platform is not an offer or acceptance of an offer for sale of the products listed and any purported sale of such products is void. If you have received products without signing a Technology Use Agreement, your use of those products is unauthorized and unlicensed, and you must, either ﴾i﴿ return such products to supplier, or ﴾ii﴿ sign a Technology Use Agreement for such products. Products that have been pre‐ordered are not yet available for sale, and will not be offered for sale or distribution until completion of field testing and applicable regulatory reviews. No pre‐ordered products will be sold or shipped until those products are commercially launched, and a new Technology Use Agreement will be required to be executed before pre‐ordered products are sold or shipped. This document is not an offer or acceptance of an offer for sale of pre‐ordered products. EXPORT APPROVAL NOTICE: Traits included in these products may or may not be approved in all global markets; therefore, the combination of these traits and the grain and certain by‐products ﴾including oil, dried distillers grain, cobs, and husks﴿ from THESE PRODUCTS MAY NOT BE APPROVED for all markets. Growers that use this product are required and agree to adhere to the stewardship requirements as outlined in the Product Use Guide and product specific.Stewardship Requirements for this product, which include specific grain disposition requirements. For questions regarding product stewardship and biotech traits please contact the trait owner. Growers are required to discuss trait acceptance and grain channeling policies with their local grain handler prior to delivering grain containing biotech traits. THE FOLLOWING STATEMENT APPLIES TO CORN PRODUCTS WITH TRAITS. By entering into this transaction, you affirm that you are contractually obligated to comply with Insect Resistance Management ﴾IRM﴿ requirements for growing hybrids containing any of the following traits: the Herculex® I insect protection trait, the Herculex RW rootworm protection trait, the Herculex XTRA traits, the Agrisure® RW, Agrisure Viptera®, and/or the YieldGard®Corn Borer gene. Consult the Product Use Guide for refuge management requirements. Herculex® Insect Protection technology by Dow AgroSciences and Pi oneer Hi‐Bred. ® Herculex and the HX logo are registered trademarks of Dow AgroSciences LLC. YieldGard® and the YieldGard Corn Borer designand Roundup Ready are registered trademarks used under license from Monsanto Company. Liberty®, LibertyLink® and the Water Droplet Design are trademarks of Bayer. Agrisure® and Agrisure Viptera® are trademarks of, and used under license from, a Syngenta Group Company. Agrisure® technology under a license from Syngenta Crop Protection AG. Refuge seed may not be resistant to Liberty® herbicide. Please check the seed label l for more information.
Buyer agrees to purchase seed solely for purposes of production of grain crop and that the seed, and any production from the
seed, shall not be resold or used as seed. Buyer agrees not to alter or permit the alteration of seed, or any product of the seed,
hrough genetic techniques or otherwise. Buyer acknowledges that failure to adhere to the above provisions would substantially damage the supplier/developer who has a substantial investment in this seed product. Users of HybridSeedClub hereby certifies that the articles of tangible personal property purchased through HybridSeedClub marketplace from Seed Genetics Direct shall be purchased to use or consume the thing transferred directly in the production of tangible personal property for sale by farming. This shall continue in force and shall be considered a part of each order given.
ENLIST E3TM TRADEMARK
Enlist E3™ soybeans were
jointly developed by Dow Agro-
Sciences LLC and M.S. Technol-
ogies, L.L.C. ®™ Enlist, Enlist E3, the Enlist
E3 logo, and Colex-D are trademarks of ( Dow Chemical Company (“Dow”) or an affiliated company of Dow. Excellence Through
Stewardship is a registered trademark of
Excellence through Stewardship.
ENLIST ROUNDUP READY CORN 2
®™ Enlist, Colex-D, and Assure are trademarks of ( Dow Chemical Company
(“Dow”) or an affiliated company of Dow.
®Roundup and Roundup Ready are registered trademarks of Monsanto Technology
LC. Excellence Through Stewardship is a
registered trademark of Excellence Through
Stewardship
ROUNDUP READY ALFALFA
Due to the unique cropping
practices do not plant Round-
up Ready® Alfalfa in Imperial
County, California, pending
import approvals and until Forage Genetics In-
ternational, LLC (FGI) grants express permission
for such planting. Forage Genetics International,
LLC (“FGI”) is a member of Excellence Through
Stewardship® (ETS). FGI products are commer-
cialized in accordance with ETS Product Launch
Stewardship Guidance, and in compliance with
FGI’s Policy for Commercialization of Biotechnol-
ogy-Derived Plant Products in Commodity Crops.
Roundup Ready® Alfalfa has pending import
approvals. Any crop or material produced from
this product can only be exported to, or used,
processed or sold in countries where all necessary
regulatory approvals have been granted. It is a
violation of national and international law to
move material containing biotech traits across
boundaries into nations where import is not per-
mitted. Growers should talk to their grain handler
or product purchaser to confirm their buying
position for this product. Growers should refer
to http://www.biotradestatus.com/ for any up-
dated information on import country approvals.
Excellence Through Stewardship® is a registered
trademark of Excellence Through . AGRISURE DURACADE®
More information about Agrisure Duracade® is
available at www.biotradestatus.com/. DONMARIO TRADEMARK
Varieties with the DuPont™ STS™
soybean technology are tolerant to
certain SU (sulfonylurea) herbi-
cides. NOTE: A soybean variety with a herbicide
tolerant trait does not confer tolerance to all
herbicides. Spraying herbicides not labeled for a
specific soybean variety will result in severe plant
injury or plant death. Always read and follow her-
bicide label directions and precautions for use.
The GDM soybean products (including any
conventional (non-GMO) soybean products) have
been developed by GDM through decades of elite
soybean breeding, with the sole intent to create
elite Soybean germplasm and produce high-yield-
ing. Bringing about these seed products has taken
– and will continue to take – time, effort and in-
vestment to GDM and its suppliers. Such products
are covered by intellectual property, including
trademarks, pending plant variety certificates,
confidential information, trade secrets, and pend-
ing patents. Grower shall not retain, hold back,
clean, condition, sell (except as grain for feed or
processing), transfer, or use any unused seed or
its progeny (colloquially known as “saved seed”
or “bin run”) during any subsequent planting
seasons beyond the planting season in which the
applicable unit(s) of seed product(s) was acquired.
In addition, research and breeding with the prod-
ucts and its progeny is strictly prohibited.
Growers must sign a GDM™ SEEDS USE
AGREEMENT for the purchase of any DONMA-
RIO soybean product. Even if some products do
not contain biotech traits, the GDM™ SEEDS USE
AGREEMENT protects the intellectual property
associated with non-biotech products such as
germplasm and other intellectual know-how.
Remember that the agreements you need to sign
are dependent on what seed you purchased. For
more information, visit www.AgCelerate.com or
contact your seed dealer. DONMARIO™ is a trademark used by B&B
Seeds, LLC under license from GDM Seeds, Inc.
454 E 300N Rd, Gibson City, IL 60936. Seed
Genetics Direct is a distributor of DONMARIO
products for B&B Seeds, LLC. 454 E 300N Rd,
Gibson City, IL 60936.
Due to factors outside of HybridSeedClubs control, such as weather, crop production patterns, and other factors, results to be obtained, including but not limited to yields or financial performance, cannot be predicted or guaranteed by Hybrid Seed Club. Results may vary. Various trademarks held by their respective owners.