We collect personal information from you (and your affiliated organizations) and the devices (including mobile devices) you (and your affiliated organizations) use to access or use our Services. Categories of personal information we collect include, but are not limited to information:
• you give us regarding yourself individually, as well as regarding any affiliated organizations, when you use our Services
• we collect automatically when you use our Service
• we collect using Cookies, Web Beacons and Similar Technologies
• we collect or obtain from other sources
We use the personal information we collect to: operate, improve and personalize our Services, to contact you about your account or our Services, provide you customer service, customize our advertising and marketing, and to detect, prevent and mitigate fraudulent or illegal activities.
We retain your personal information as long as it is necessary and relevant for our operations. In addition, we retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted by law.
You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with customized and relevant advertising.
We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access it or make corrections to it.
There are times when we disclose your personal information to other third parties. This disclosure may be required for us to operate or provide you access to our Services, comply with our legal obligations, enforce our policies, facilitate our advertising, or reduce or prevent fraud related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
If you have a question or a complaint about this Privacy Notice or our global privacy or information handling practices, please contact us in writing by sending us a letter or postcard to: Yellow Seed c/o Social and Environmental Entrepreneurs (SEE), 23532 Calabasas Road Suite A, Calabasas, CA 91302.
If you use our Services, you are contracting with Yellow Seed, a Project of Social and Environmental Entrepreneurs (SEE), a California nonprofit public benefit corporation. Yellow Seed’s address is Yellow Seed c/o Social and Environmental Entrepreneurs (SEE), 23532 Calabasas Road Suite A, Calabasas, CA 91302. We may store and process your personal information on our computers in the USA and elsewhere in the world.
"Personal information" is information that can be associated with a specific person (and any affiliated organization) and could be used to identify that specific person (and any affiliated organization) whether from that data or from that data and other information that Yellow Seed has or is likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person.
Changes to this Notice
We may amend this Privacy Notice at any time by posting the amended terms on this site. All amended terms automatically take effect 30 days after they are posted. We will notify you through the Yellow Seed site and/or via email of any material changes to this Privacy Notice.
Global Privacy Standards
Yellow Seed may establish global privacy standards, known as our Binding Corporate Rules (BCRs). They will reflect our commitment to protect your personal information and honor our privacy obligations regardless of where your personal information is collected, processed, or stored.
We collect personal information from you and the devices (including mobile devices) you use to access or use our Services. The personal information we collect includes, but is not limited to personal information of the kinds described below:
Personal information you give us when you use our Services
• Identifying information such as your name, addresses, telephone numbers, email addresses (and name, addresses, telephone numbers, and email addresses of any affiliated organizations)
• Information regarding makers, farmers, and/or third party service providers, including information for a particular transaction or other transaction based content you generate or is connected to your account for that particular transaction
• Financial information such as credit card or bank account numbers in connection with a transaction
• Postage billing and other information to purchase or post a service or item, as well as, where postal services are provided through one of our programs, information required to clear customs (such as Tax ID or other identification numbers) and relevant postage information (tracking updates) stored by the chosen postal partner
• In some instances, you may provide age, gender, interests and favorites
• You may also provide us other information through your participation in community discussions, chats, dispute resolution, correspondence through our sites, or correspondence sent to us
•Additional information we are required by applicable law to request in order to authenticate or identify you to use or verify the information we have collected
Personal information we collect automatically when you use our Services
We also collect information about your interaction with our Services, advertising, or email communications. This is typically information we receive from your computer or other devices, including your mobile devices.
• Device ID or unique identifier, device type, ID for Advertising, unique device token
• Geo-location information, including location information from your mobile device. Keep in mind that:
• Most mobile devices allow you to control or disable the use of location services in the device’s settings’ menu.
• You may also be presented with an additional notice explaining any additional information we may collect from you that is not listed in this notice.
• Computer and connection information
• Statistics on page views, traffic to and from the sites, referral URL, ad data, IP address, and browsing history and web log information
Personal information we collect using Cookies, Web Beacons and Similar Technologies
Personal information from other sources
• We may supplement the information we collect with information from third parties and add it to your account information. For example, as permitted by law, we may collect demographic information that is publically available, additional contact information, credit check information, and information from credit bureaus as allowed by law. We may combine information you give us with information we collect from other sources and use it for any purpose disclosed in this privacy notice.
• We may allow you to share information with third party social media sites, or use social media sites or other sites to create or connect to your account. Those social media sites may give us access to certain personal information stored by them (e.g., content viewed and information about the advertisements within the content you have been shown or may have clicked on, etc.) from your interaction with the online services. You agree that we may share your video viewing with, or obtain information about your video viewing from, third-party social media sites for at least two years or until you withdraw consent. Remember that you control the personal information you allow us to have access to through the privacy settings on that third party site and the permissions you give us when you grant us access. By associating an account managed by a third party with your Yellow Seed account and authorizing Yellow Seed to have access to this information, you agree that Yellow Seed may collect, use and store the information provided by these sites in accordance with this privacy notice.
• If you give us personal information about someone else, you must do so only with their consent. You agree to inform them that we have collected their personal information and tell them how we collect, use and disclose the personal information.
Use and Retention
We use the personal information we collect to operate, improve and personalize our Services, to contact you and provide you customer service, customize our advertising and marketing, and to detect, prevent and mitigate fraudulent or illegal activities. You agree that we may use your personal information as follows:
Operate, improve, and personalize our Services
• Provide you use of and access to our Services
• Provide you site content that includes great products and services that we think you will like and keeps track of the makers, farmers, and/or third party service providers that you have chosen to follow
• Give you access to your purchase history, internal email and other features
• Customize, measure, and improve our site, applications and Services
• Provide other services requested by you as described when we collect the information
• We may use geo-location information to provide you with location based services, such as advertising, search results, and other personalized content
Contact you and provide you customer service
• Provide customer support you request for our Services
• Contact you, either via email or, text (SMS) messages (if applicable) as authorized by you to resolve disputes, collect fees, and troubleshoot problems with your account or our Services and for other purposes authorized by law and consistent with this Privacy Notice
• Compare the personal information you provide for accuracy, and verify it with third parties as necessary Customize our advertising and marketing communications with you
• Customize, measure, and improve our content and advertising based on your ad customization preferences
• Contact you, either via email, telephone, text (SMS) messages (if applicable based on your consent), or postal mail, or otherwise as authorized by you to: offer coupons, discounts and special promotions, and inform you about our services. You agree that Yellow Seed will use the contact information you have provided to contact you by email and/or SMS text if you have consented to such contact. Message and data rates may apply.
• Deliver targeted marketing, service updates, and promotional offers based on your communication preferences Detect, Prevent and Mitigate Fraudulent or Illegal Activities
• Prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities
• Enforce our User Agreement or other applicable policies
We retain your personal information as long as it is necessary and relevant for our operations. In addition, we retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our User Agreement and take other actions permitted by law. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner it according to our data retention and deletion policies.
You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with customized and relevant advertising.
You can control how and when you want to receive notifications from Yellow Seed about your activities and the methods by which we may contact you from the Communication Preference section on the Yellow Seed site. You can also control your member-to-member communications preferences setting and choose which information and promotions you want to receive.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you received, change your Communication Preferences on the Yellow Seed site, or indicate your preferences regarding direct communication from us.
We do not allow third parties to track or collect your personal information on our site for their own advertising purposes without your explicit consent. If you do not wish to participate in our ad-customization programs, you can opt-out by following the directions provided within the applicable advertisement, or directly on the Yellow Seed site. The effect of an opt-out will be to stop targeted advertising, but it will still allow the collection of usage data for certain purposes (e.g., research, analytics and internal online services operation purposes).
If you withdraw your consent for the use or disclosure of your personal information for the other purposes set out in this Privacy Notice you may not have access to all our Services and we might not be able to provide you all of the Services and customer support offered to our users and authorized under this Privacy Notice and our User Agreement.
We take steps to ensure that the personal information we collect is accurate and up to date, and that you have the ability to access or correct it.
• You can see, review and change most of your personal information by signing on to your account. Please update your personal information immediately if it changes or is inaccurate
• Once you make a public posting, you may not be able to change or remove it. Upon your request, we will close your account and remove your personal information from view as soon as reasonably possible, based on your account activity and in accordance with applicable law
We will honor any statutory right you might have to access, modify or erase your personal information. You can use the Contact Us link on the Yellow Seed site to request access and find out whether any fees may apply, as permitted by law. Where you have a legal right to request access or request the correction of information, we can still withhold that access or decline to correct information in some cases in accordance with applicable law, but will give you reasons if we do so.
There are times when we disclose your personal information to other third parties. This disclosure may be required for us to operate or provide you access to our Services, comply with our legal obligations, enforce our policies, facilitate our advertising, or reduce or prevent fraud related to our Services. We minimize the amount of personal information we share to what is directly relevant and necessary to accomplish the specified purpose. As stated above, we do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose your personal information for the following purposes:
• provide joint content and services (like registration, transactions, and customer support)
• help detect and prevent potentially illegal acts, violations of our policies, or fraud and/or data security breaches
• guide decisions about services, products, sites, applications, services and tools, and communications
• provide customized advertising
Third parties will use this information to send you marketing communications only if you have consented to receive such communications from them.
If we were to merge with or enter into a joint venture with another entity, we may share information with that other entity in accordance with our Global Privacy Standards. Should such an event occur, we will require that the new combined entity follow this Privacy Notice with respect to your personal information. If your personal information will be used or disclosed for any purposes not covered in this Privacy Notice, you will receive prior notification of the use of your personal information for the new purposes.
Service Providers and Financial Institutions Partners
• Third party service providers who help us operate our Services, and assist with fraud investigations, bill collection, affiliate and rewards programs and other business operations
• financial institutions with whom we partner to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or security breaches, and to guide decisions about their products, websites, applications, services, tools, and communications. These third party financial institution partners will use this information to send you marketing communications only if you have requested their services
Law enforcement, legal proceedings, and as authorized by law
• to comply with our legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property or safety
• to law enforcement or governmental agencies, or authorized third-parties, in response to a verified request relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other Yellow Seed user to legal liability. We will only disclose information we deem relevant to the investigation or inquiry, such as name, city, state, postal code, telephone number, email address, User ID history, IP address, fraud complaints, bidding and listing history, and anything else we deem relevant
• to Yellow Seed contracting parties under confidentiality agreement, as we in our sole discretion deem necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. In such events, we will disclose name, street address, city, state, postal code, country, phone number, email address and company name
• to third parties involved in a legal proceeding, if they provide us with a subpoena, court order or substantially similar legal procedure, or we otherwise believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity. People you authorize us to provide it to
• Yellow Seed users as authorized by you or your use of our Services (e.g., if you buy a service or item the seller may view your email address and request and obtain your contact information, including phone number or email and postal address to help complete the transaction)
We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
When you share your personal information on Yellow Seed – what happens?
Other users have access to the information you share on Yellow Seed. For example, other people can see any information you chose to share in your profile, services and/or items for sale (if any), as well as the members and profiles you follow.
Your User ID is displayed throughout Yellow Seed and is available to the public. It is connected to all of your Yellow Seed activity. Notices sent to other community members about suspicious activity and notice violations on our sites refer to User IDs and specific items. So if you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Yellow Seed activities.
To help protect your privacy, we allow only limited access to other users’ contact, shipping and financial information as necessary to facilitate your transactions and collect payments. However, when users are involved in a transaction, they have access to each other’s name, User ID, email address and other contact and shipping information.
How you should use the information you receive on Yellow Seed
Yellow Seed enables you to obtain personal information of others to share information, complete transactions and collect payments. We encourage you to disclose your privacy practices and respect the privacy of other users. In all cases, you must give other users a chance to remove themselves from your database and a chance to review what information you have collected about them.
Use the personal information that you have access to only for Yellow Seed transaction-related purposes, for using services offered through Yellow Seed (such as escrow, shipping, and fraud complaints), and for purposes expressly consented by the user to whom the information relates. Using personal information that you have access to for any other purpose is a violation of our policies.
Unwanted or threatening email
The email functionality on our site does not provide a completely secure and confidential means of communication. It’s possible that your email communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our email.
Sending unwanted or threatening email is against our policies and constitutes a violation of our User Agreement. To report Yellow Seed-related spam or spoof emails please forward the email to hello [at] yellow-seed.org.
You may decide at some point that you no longer wish to receive communications from our site. To stop receiving communications, send an email message to hello [at] yellow-seed.org or send regular mail to the following postal address:
Yellow Seed c/o Social and Environmental Entrepreneurs (SEE)
23532 Calabasas Road Suite A
Calabasas, CA 91302
Our website is a general audience website, and our Services are not intended for children under the age of 18. We do not knowingly collect personal information from users below the age of 18.
Third Party Privacy Practices
This Privacy Notice addresses only the use and disclosure of personal information we collect from you. If you disclose your information to others, their privacy notices and practices will apply.
We cannot guarantee the privacy or security of your information once you provide it to a third party and we encourage you to evaluate the privacy and security policies before choosing to share your information or entering into a transaction. This is true even where the third parties to whom you disclose personal information are members of our site.
Questions or Complaints
If you have a question or a complaint about this Privacy Notice or our global privacy or information handling processes, you can reach us in writing by sending us a letter or postcard to: Yellow Seed c/o Social and Environmental Entrepreneurs (SEE), 23532 Calabasas Road Suite A, Calabasas, CA 91302, or visiting yellow-seed.org/#contact.
This User Agreement, the User Privacy Notice, and all policies posted on our site set out the terms on which Yellow Seed offers you access to and use of our site, services, applications and tools (collectively “Services”). All Yellow Seed policies, including the User Privacy Notice, are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
The entity you are contracting with is Yellow Seed, a Project of Social and Environmental Entrepreneurs (SEE), a California nonprofit public benefit corporation. Yellow Seed’s address is Yellow Seed c/o Social and Environmental Entrepreneurs (SEE), 23532 Calabasas Road Suite A, Calabasas, CA 91302.
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 exceptions, require you to submit claims you have against us 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 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.
About Yellow Seed
Yellow Seed streamlines communications between farmers, makers, and third party service providers to improve trading relationships. The actual contract for sale is directly between the farmers, makers and/or third party service providers. Yellow Seed is not a party to any contract for sale.
While Yellow Seed may provide pricing, shipping, listing, 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, Yellow Seed has no control over and does not guarantee the existence, quality, safety or legality of services and items advertised or described on the site; the truth or accuracy of users’ content or listings; the ability of farmers, makers and/or third party service providers to sell products or services; the ability of buyers to pay for services or items; or that a buyer, farmer, maker and/or third party service provider will actually complete a transaction, provide a service or return an item.
Using Yellow Seed
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), or are temporarily or indefinitely suspended from using our site, service, applications or tools;
• fail to pay for services or items purchased by you, unless you have a valid reason as set out in a Yellow Seed policy, for example, the seller has materially changed the service’s or item’s description after you offer to purchase a service or item, a clear typographical error is made, or you cannot contact the maker, farmer or third party provider to deliver services or items sold to you, unless you have a valid reason as set out in a Yellow Seed policy, for example, the buyer fails to follow the posted terms or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other user’s listings;
• post false, inaccurate, misleading, defamatory, or libelous content;
• take any action that may undermine Yellow Seed’s communications systems;
• transfer your Yellow Seed account 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 Yellow Seed, or the interests or property of users;
• use any robot, spider, scraper or other automated means to access our Services for any purpose;
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any Yellow Seed application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Yellow Seed, or that comes from the Services and belongs to another Yellow Seed user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Yellow Seed and/or any other party holding the right to license such use;
• commercialize any Yellow Seed application or any information or software associated with such application;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures we use to provide the Services.
If we believe or discover that you are abusing Yellow Seed in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services. 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 our Services to anyone for any reason at our discretion.
When a buyer or maker, farmer and/or third party 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 farmers, makers and/or third party service providers.
At present, we charge a 5% service fee plus $.05 for the cost of shipping labels for samples and purchase transactions to support Yellow Seed operations. We may change our fees from time to time by posting the changes on the Yellow Seed site 14 days in advance, but with no advance notice required for temporary promotions.
Yellow Seed uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.
When listing a product or service, you agree to comply with our Rules for Listing 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). Yellow Seed can’t guarantee exact listing durations.
• Content that violates any of Yellow Seed’s policies may be deleted at Yellow Seed’s discretion.
• 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 and defect rate; and
• number of listings matching the buyer’s query.
Accordingly, 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.
• Yellow Seed’s Duplicate Listing Policy may also affect whether your listing appears in search results.
When buying an item, you agree to the rules for buyers and that:
• You are responsible for reading the full item listing before making an inquiry or commitment to buy.
• You enter into a legally binding contract to purchase an item when you commit to buy a service or item.
• We do not transfer legal ownership of items from the seller to the buyer.
• California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise.
International Buying and Selling; Translation
Many of our Services are accessible to international farmers, makers and/or third party service providers and buyers. Farmers, makers and/or third party service providers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
To assist users who may speak different languages, whenever automated translation solutions are available, you direct us to use automated tools to translate your Yellow Seed content (including your listings), in whole or in part, into local languages and, when using the Yellow Seed site as a buyer, to provide you with access to translated content. As a buyer, you may also have access to tools which will enable you to translate content as requested. The accuracy or availability of translations is not guaranteed.
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer a registry including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use registry content solely in connection with your Yellow Seed listings. That permission is subject to modification or revocation at any time at Yellow Seed’s sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
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 as required by the United States Digital Millennium Copyright Act. Yellow Seed’s Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and we will investigate.
Authorization to Contact You; Recording Calls
You agree to receive calls from Yellow Seed at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our User Privacy Notice, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
• To contact you for reasons relating to your account or your use of our Services (such as to resolve a dispute or to otherwise enforce our User Agreement) or as authorized by applicable law
• To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out.
We may share your telephone numbers with our service providers who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent.
Yellow Seed may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Yellow Seed or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Yellow Seed may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Yellow Seed, and Yellow Seed does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
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. Profile update and other notification functionality in Yellow Seed’s applications may not occur in real time. Such functionality is subject to delays beyond Yellow Seed’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 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, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• your use of or your inability to use our Services;
• pricing, shipping or other guidance provided by Yellow Seed;
• 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 Yellow Seed Service;
• the content, actions, or inactions of third parties, including services and 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 Yellow Seed Section above;
• the duration or manner in which your profile appears 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) 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 (b) $100.
If you have a dispute with one or more users, you release us (and our affiliates, 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.
You will indemnify and hold us (and our affiliates and subsidiaries, and 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 Agreement, your improper use of Yellow Seed’s Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND YELLOW SEED HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Yellow Seed agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Yellow Seed User Agreement your use of or access to the Services, 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 the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Yellow Seed, except as otherwise stated in the User Agreement.
B. Agreement to Arbitrate
You and Yellow Seed each agree that any and all disputes or claims that have arisen or may arise between you and Yellow Seed relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Yellow Seed’s Services, or any products or services sold, offered, or purchased through Yellow Seed’s Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert 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.
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND YELLOW SEED 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 ACTION OR PROCEEDING. UNLESS BOTH YOU AND YELLOW SEED 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, OR CLASS 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.
2. 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 Supplementary Procedures for Consumer-Related Disputes (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” herein 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 Notice of Dispute (“Notice”). The Notice to Yellow Seed should be sent to Yellow Seed c/o Social and Environmental Entrepreneurs (SEE), 23532 Calabasas Road Suite A, Calabasas, CA 91302. Yellow Seed will send any Notice to you to the physical address we have on file associated with your Yellow Seed account; it is your responsibility to keep your physical address up to date. All information relating to the claims must be included in the Notice, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Yellow Seed are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Yellow Seed 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 Yellow Seed at the following address: Yellow Seed c/o Social and Environmental Entrepreneurs (SEE), 23532 Calabasas Road Suite A, Calabasas, CA 91302. In the event Yellow Seed 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 Yellow Seed account. Any settlement offer made by you or Yellow Seed shall not be disclosed to the arbitrator.
The arbitration shall be held in Sonoma County, California. If the value of the relief sought is $10,000 or less, you or Yellow Seed may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Yellow Seed 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 Yellow Seed may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, 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 Yellow Seed 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.
3. 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. Any request for payment of fees by Yellow Seed should be submitted by mail to the AAA along with your Demand for Arbitration and Yellow Seed will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Yellow Seed for all fees associated with the arbitration paid by Yellow Seed on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
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. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
5. Opt-Out Procedure
IF YOU ARE A NEW YELLOW SEED USER, 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 YELLOW SEED C/O SOCIAL AND ENVIRONMENTAL ENTREPRENEURS (SEE), RE: OPT-OUT NOTICE, 23532 Calabasas Road Suite A, Calabasas, CA 91302.
To Opt Out, you must provide us with your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Yellow Seed account(s) to which the opt-out applies. You must sign your opt-out communication to us 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 the 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.
6. 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 Yellow Seed 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 Yellow Seed. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on yellow-seed.org at least 30 days before the effective date of the amendments 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 Yellow Seed must be resolved exclusively by a state or federal court located in Alameda County, California. You and Yellow Seed agree to submit to the personal jurisdiction of the courts located within Alameda County, California for the purpose of litigating all such claims or disputes.
Yellow Seed is located at 23532 Calabasas Road Suite A, Calabasas, CA 91302.
Except as otherwise provided in this 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, by providing notice of such assignment in accordance with the Notices Section.
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 yellow-seed.org. 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 may notify you 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 a Yellow Seed representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our site may be changed from time to time. Changes take effect when we post them on the Yellow Seed site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and Yellow Seed 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; Indemnity, and Legal Disputes.
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