Terms and Conditions
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of A. P. Whaley LLC. The collective work includes works that are licensed to A. P. Whaley LLC. Copyright 2018, A. P. Whaley LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with A. P. Whaley LLC. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with A. P. Whaley LLC. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by A. P. Whaley LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of A. P. Whaley LLC used in the site are trademarks or registered trademarks of A. P. Whaley LLC.
Warranty Disclaimer
This site and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, A. P. Whaley LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose and non-infringement. A. P. Whaley LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. A. P. Whaley LLC does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
We have no control over the environment in which seed is stored after it leaves our warehouse. We strive to store our seeds under optimal conditions; the majority of our seeds are stored in airtight buckets and our seed storage room is a constant, controlled 50 degrees temperature and 35-40% humidity. Our items are germination tested every 6 months and each package is marked with the most current test results. In the unlikely event you experience dropped germination and express concern, we will evaluate the situation but may require you to provide testing results from an accredited lab. A.P. Whaley, LLC will not honor in-house lab results when seeking resolution to a germination issue. The sole remedy for loss or damages shall be limited to the purchase price of the seed. Under no circumstances will A.P. Whaley, LLC be liable for consequential damages. All claims must be submitted to A.P. Whaley, LLC in writing no more than 30 days from the date of purchase.
In the event that a A. P. Whaley LLC product is mistakenly listed at an incorrect price, A. P. Whaley LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. A. P. Whaley LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, A. P. Whaley LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by A. P. Whaley LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
A. P. Whaley LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to A. P. Whaley LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Wisconsin, USA., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of A. P. Whaley LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of A. P. Whaley LLC products) must be commenced within one (1) year after the claim or cause of action arises. A. P. Whaley LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. A. P. Whaley LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a A. P. Whaley LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
A. P. Whaley LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, A. P. Whaley LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, A. P. Whaley LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to A. P. Whaley LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless A. P. Whaley LLC its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.