Last updated 05.16.2022

At Johnny's Selected Seeds, we respect the privacy of our customers and the importance of the information they entrust to us. We have summarized below our basic information policies and practices for this Web site, www.johnnyseeds.com, which is owned and operated by Johnny's Selected Seeds. It is our intent to ensure this Privacy Policy is complete and current with best privacy practices. If at any time you have questions or concerns about your privacy or security with our company, please call us at 877-564-6697 or email us at [email protected].

• Uses of Personal Information. We collect identifiers and personal information on our Web site when you make a purchase, create an online account, request a catalog, or subscribe to email. Identifiers and personal information may include your name, address, email address, and credit card number. We collect and use such information to enhance your customer experience with us and for marketing purposes such as to:
  • Process, track, and fill your orders
  • Help make the site easier for you to use
  • Provide you with relevant information and content
  • Market our products and seeds
  • Inform you of special offers and promotions
  • Include you in customer surveys

Some special notes about e-mail:

If you complete a Johnny's Selected Seeds survey, we may record your email address along with the information you provide us on the questionnaire. We use summaries of the data collected from our surveys to help us improve the service and products we offer you.

Your email address also allows us to send you an order confirmation and customer service messages as necessary. If you have subscribed to our marketing and newsletter emails, we will also send you useful growing tips, special offers, customer surveys, and new product updates. We provide instructions on how to unsubscribe in each email.

• Uses of Log Files. In addition, certain anonymous Information is collected automatically by our Web site. This information may include visitor domain name, IP address, and referring domain. The information is tracked in server logs, and may be used to troubleshoot problems, keep content relevant, examine traffic trends, and improve the Web site experience for visitors. This anonymous information is used only in aggregate form.

• Uses of Cookies and Other Technology. We may assign your computer one or more Cookies, which are a standard Internet tool. A Cookie is a small data file stored as text files by your Web browser on your computer's hard drive. Most Internet browsers are initially set to accept Cookies. You can set your browser to refuse Cookies from Web sites or remove them from your device, but this will cause certain functions of our site to not work properly. We use Cookies, "web beacons," and other similar technologies to collect information in connection with our Web site and advertising efforts.  For example, we use Cookies to enable you to save products in your shopping cart while you browse our Web site, and our Web site may use your browsing activity on our Web site to recommend other products you may be interested in.  We also use Cookies and other technology to analyze the effectiveness of our Web site and our advertising efforts, and we may use these technologies to display personalized advertising tailored to your interests as you browse the web, or to inform our efforts to identify and market to new customers, including by working with advertisers such as Google or Facebook to display advertising to custom audiences.  Our website uses Google Analytics to analyze visits to our site and to help us improve our site and improve the effectiveness of our marketing efforts, including by personalizing advertisements you may be shown as you browse the web. To learn more about Google Analytics and your choices, please visit:  https://policies.google.com/technologies/partner-sites.  To learn more about interest-based advertising, and your choices about it, please see "Your Choices About Interest-Based Advertising," below.

We work with third-party advertising companies to more effectively target our advertising messages.  These third-party advertising platforms collect information about your browsing activity on our Web site and across the Internet, and analyze that information in order to display more relevant ads to you.  For example, if you search for a particular product on our Web site, you may be shown an advertisement for that product or a similar product when you are browsing a different Web site.

Our Web site is not configured to recognize a "do not track" signal from a web browser.  If you would like to opt-out of interest-based advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link and on those sites, you may opt-out of receiving tailored advertising from companies that help serve those ads. You can opt out of receiving personalized advertising from Google Ad Services by visiting: https://www.google.com/settings/ads/.

Our Web site is not intended for children under 16 years of age. No one under age 16 may provide any personal information on the Web site. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Web site. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information.

We are committed to maintaining appropriate physical, electronic, and administrative measures to safeguard the security of your personal information.

However, if you have any concerns about ordering electronically, feel free to call 1-877-564-6697 to place your order over the phone.

You can also print your online shopping cart page and fax your order:

Attention: Customer Service
1-800-738-6314 (US Only)
1-207-238-5375 (Non-US)

Or, you can mail your order to us at the following address:

Johnny's Selected Seeds
ATTN: Catalog Order
PO Box 299
Waterville, ME 04903

If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with certain rights regarding your personal information. This section describes your CCPA rights and how to exercise them.

Information We Collect and How It Is Used

We collect information from you in several different ways on this site, with the goal of improving your customer experience with Johnny's Selected Seeds. During the past 12 months, we have collected the following types of information:

• Identifiers, such as a real names, aliases, postal addresses, unique personal identifiers, online identifiers, Internet Protocol (IP) addresses, email addresses, or other similar identifiers;

  Collected from: Information you provide to us, or we collect when you use our services or Web site.

  Business use: To enable the use of our Web site, fulfill your orders, market our products and seeds, inform you of special offers and promotions, communicate directly with you, and understand how customers interact with our Web site and offerings.

For our commercial customers applying for credit, we also collect identifiers such as social security numbers for the purpose of processing that application.

• Categories of personal information (Section 1798.80(e) of the Cal. Civil Code), such as telephone numbers, credit card numbers, debit card numbers, and other financial information;

  Collected from: Information you provide to us, or we collect when you use our services or Web site.

  Business use: To fulfill your orders, communicate directly with you, and prevent fraud.

• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer's interaction with an Internet Web site, application, or advertisement;

  Collected from: Information we collect when you use our services or Web site.

  Business use: To enable the use of our Web site, monitor and troubleshoot Web site performance, provide you with relevant information and content, market our products and seeds, inform you of special offers and promotions, improve our offerings, detect fraud, and assist with your requests.

• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;

  Collected from: Information you provide to us, or we collect when you use our services or Web site.

  Business use: To enable the use of our Web site, fulfill your orders, market our products and seeds, inform you of special offers and promotions, communicate directly with you, and understand how customers interact with our Web site and offerings.

  For our commercial customers applying for credit, we also collect additional commercial information for the purposes of processing that application.

• Geolocation data; and

  Collected from: Information we collect when you use our services or Web site; information provided by third parties.

  Business use: To enable the use of our Web site and to personalize your experience; and for fraud detection.

• Inferences, system-generated predictions about your interests and preferences

  Collected from: Created internally and with the help of our business partners.

  Business use: To personalize your experience and improve our offerings.
  

During the past 12 months, we have shared the following information for business purposes. Please note that for purposes of this notice, personal information does not include deidentified, aggregated, or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.

Sale for a Business Purpose:

We do not sell your personal information for any monetary consideration. However, under some circumstances a transfer of personal information to a third party without monetary consideration may still be considered a "sale" under California law. If you purchase from us, Johnny's Selected Seeds may opt your name, address, email address, and order information into a cooperative marketing database used by other companies that may want to market goods or services to you.

If you wish to opt out of the sale of personal information, please use the following link: DO NOT SELL MY PERSONAL INFORMATION. You may authorize another to submit a request to opt out on your behalf, but only if you provide the authorized agent with signed, written permission to do so. So as to ensure your privacy, we reserve the right to deny a request from an authorized agent who does not submit proof that they have been authorized to act on your behalf. If exercised, the decision to opt out will be valid for 12 months, at which time we may request that you authorize the sale of personal information again.

Disclosure for a Business Purpose:

• You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and verify your request, we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources from which the personal information has been collected.
• The specific pieces of personal information we collected about you.
• Our business or commercial purpose for collecting or selling any personal information.
• The categories of personal information about you that was sold or disclosed for a business purpose.
• The categories of third parties to whom the personal information was sold or disclosed for a business purpose, by category or categories of personal information for each category of third parties to whom the personal information was sold.

• You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
  
  
• We may deny your deletion request if retaining the information is necessary for us or our service providers to:
  
  
• Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our agreement with you.
• Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act.
• Enable internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise the rights described above, please submit a verifiable request to us through our CCPA INFORMATION REQUEST FORM, calling us at 877-564-6697, or emailing us at [email protected].

Only you or a person whom you authorize to act on your behalf may make a verifiable consumer request related to your personal information. If you wish to authorize another to act on your behalf, please be advised that we may require that you provide the authorized agent with signed written permission to submit a request and verify your own identity and confirm your permission directly with us, unless the authorized agent has a power of attorney. However, you may also make a verifiable consumer request on behalf of your minor child.

Our verification process works as follows. Before we may process a request, in order to protect your privacy, we will ask for you to confirm a few pieces of information that we have on our records about you, for example:

• Your address
• Your zip code
• Your most recent purchase
• Your email address

If you make a request online to delete your personal information, we may need to confirm your request before we delete your information.

You may make a verifiable consumer request up to two times within a 12-month period, without charge. Unfortunately, we cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We try to respond to a verifiable consumer request within 45 days of its receipt. If we require more time, we will inform you of the reason and extension time period (up to 90 days). If you have an account with us, we will deliver our response to that account. If you do not have an account with us, we will deliver our response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt. The response we provide will also explain any reasons we cannot comply with a request, if applicable.

If you wish to opt out of the sale of personal information, please use the following link: DO NOT SELL MY PERSONAL INFORMATION. You may authorize another to submit a request to opt out on your behalf, but only if you provide the authorized agent with signed, written permission to do so. So as to ensure your privacy, we reserve the right to deny a request from an authorized agent who does not submit proof that they have been authorized to act on your behalf. If exercised, the decision to opt out will be valid for 12 months, at which time we may request that you authorize the sale of personal information again.

We will not discriminate against you for exercising any of your CCPA rights.

Effective Date: 01.12.2023

IMPORTANT — PLEASE READ CAREFULLY

Johnny's Selected Seeds and all affiliated companies and brands ("we," or "us") provides this website, its constituent webpages, and related websites (together, the "Sites"), and sells products and offers content to consumers, all subject to your agreement to these Terms & Conditions, which are final. By using the Sites (which includes accessing any content, functionality, or services), signing up for promotional mailings and emails, attempting to purchase or purchasing products from us, and/or registering with us, you agree to be bound fully by the provisions below, without change, as are published at such time. THESE TERMS & CONDITIONS ARE AN ENFORCEABLE CONTRACT BETWEEN US WHICH AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER IN SECTION 4, BELOW. We recommend you print out a copy of these Terms & Conditions for your records. A printable copy of our Terms & Conditions can be downloaded here. Upon request by you or us, we each agree to sign and provide to each other a signed copy of these Terms & Conditions.

Please read our Privacy Policy, which is incorporated into these Terms & Conditions and governs your use of the Sites. You agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms & Conditions, these Terms & Conditions will control to the fullest extent permitted by law. Please note that when you visit the Sites, your browser sends direct communications to third parties that we employ to perform services on our behalf, including companies that allow us to analyze your use of the Sites and help us send electronic or direct mail promotions to you. By using the Sites, you consent to these communications.

We work hard to be as accurate as possible. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission in any content presented by the Sites (including after an order has been submitted by you or an order confirmation has been sent by us). If a product offered by us is not as described, your sole remedy is to return it to us. Please see our return guidelines here for more details. We also reserve the right to limit the order quantity on any item.

Through our Grower's Library and other parts of our Sites, we make available information that may help you learn more about growing or other related topics, which may include information provided by third parties. You should be aware that the information presented on the Sites is based upon opinions formed in a diversity of ways, and that other professionals and hobbyists in the field will have differing experiences and opinions. You acknowledge that individual results may vary, including based on a wide variety of factors that may apply to your situation or application.

While we strive to present helpful information, tools, and suggestions, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Sites, or by anyone to whom you provide such information.

We reserve the right to withdraw or amend the Sites, including any content we may offer, at our sole discretion and without prior notice.

California Proposition 65 requires that special warnings be provided to California consumers when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits.

Please call us prior to ordering if you have any questions regarding the safety of our products.

We provide California residents with the following notice: You may report complaints concerning Proposition 65 to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

We work hard to make things right with every customer. On occasion, a third party may be necessary to help us resolve our disputes, and this Section of the Terms & Conditions (the "arbitration agreement") limits us to arbitration (or small claims court, if a claim qualifies) in all such instances.

YOU AND JOHNNY'S SELECTED SEEDS AGREE THAT ALL DISPUTES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS IN EITHER ARBITRATION OR SMALL CLAIMS COURT ONLY. YOU AND JOHNNY'S SELECTED SEEDS AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.

This arbitration agreement covers all complaints, demands, and claims of any kind, including, but not limited to, those arising out of or related to these Terms & Conditions, the use and operation of the Sites, communications between you and us, and promotions by or behalf of Johnny's Selected Seeds, and the purchase and use of all products and services offered by Johnny's Selected Seeds (each a "Dispute," and, collectively, the "Disputes").  Disputes include, but are not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims, including claims alleging of negligence, fraud, and misrepresentation.

This arbitration agreement applies to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of you and Johnny’s Selected Seeds, including all affiliated companies (including, but not limited to, parents, subsidiaries, and sibling corporations). This agreement is binding on you and Johnny's Selected Seeds, as well as our respective heirs, successors, and assigns.

This arbitration agreement is governed exclusively by the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability and scope of arbitration or which include requirements beyond or different from those imposed by the FAA. If any provision of this arbitration agreement is held to be unenforceable for any reason, the remaining parts of this arbitration agreement shall remain in effect to the fullest extent permitted by law and in a manner that facilitates resolution of Disputes in arbitration in a way that is cost-effective to all parties.  If any other provision of the Terms & Conditions renders unenforceable any aspect of this arbitration agreement, such provision shall be treated as null, void, and of no effect.

You have the right to opt out of this arbitration agreement by sending written notice stating your intention to opt out to: [email protected], within thirty (30) days after your first becoming subject to it.  Opting out of this arbitration agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Johnny’s Selected Seeds nor does it eliminate or change any other rights or requirements of the Terms & Conditions.

Mandatory Settlement Process

Before You and Johnny's Selected Seeds can seek to resolve a Dispute in arbitration or small claims court, this mandatory sixty (60) day settlement process must be completed.  To initiate this process, the claiming party must send to the other a short, written statement (a "Dispute Statement") setting forth their name, address, and email address and explaining their Dispute in sufficient detail for the other party to understand and investigate it, along with a proposal for resolving it, including any money being claimed and how that dollar amount was calculated.  You agree to send Dispute Statements by email to [email protected], or by certified mail, return receipt requested to Johnny's Selected Seeds 955 Benton Ave. Winslow, ME 04901 Attn: Legal Claim.

Once a Dispute Statement is received, You and Johnny's Selected Seeds shall work in good faith to resolve the Dispute for a period of sixty (60) days. At the conclusion of this sixty (60) day period, if the Dispute has not been resolved, You and Johnny's Selected Seeds thereafter each have the right to resolve the Dispute in small claims court or through arbitration in compliance with the requirements of this arbitration agreement. All applicable statutes of limitation shall be suspended during the sixty (60) day informal settlement process.

Arbitrations Rules & Requirements

While there is no judge or jury in an arbitration, the arbitrator has the power to award the same individual relief and must construe and apply the Terms & Conditions in the same way as a court would. If any cause of action or claim for relief cannot for any reason be addressed in arbitration, you and Johnny's Selected Seeds agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. The results of such an arbitration shall be binding in all court proceedings. The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

The Arbitration Process.

Any court of competent jurisdiction will have the authority to enforce all aspects of the arbitration agreement (including the requirement to complete the informal settlement process described above before filing a claim in arbitration) and, if necessary, to enjoin the filing or prosecution of arbitrations and/or the assessment of fees or costs by the American Arbitration Association ("AAA") or any other arbitral organization or arbitrator.

If the AAA or any other designated arbitration organization is for any reason unavailable, unable, or unwilling to handle an arbitration assigned to it under this arbitration agreement (including under the Mass Arbitration Rules, below), and You and Johnny's Selected Seeds cannot agree on an alternative organization or arbitrator, You or Johnny's Selected Seeds may petition a court of competent jurisdiction to appoint an organization or individual to conduct the arbitration consistent with the requirements of this arbitration agreement.

General Arbitration Rules.

The arbitration process will differ depending on whether your claim is pursued individually or as part of a Mass Arbitration (as defined below). In the case of a Mass Arbitration, if there is a conflict between these General Arbitration Rules and the Mass Arbitration Rules (set forth below), the Mass Arbitration Rules will control. In the absence of such a conflict and in situations not involving a Mass Arbitration, these General Arbitration Rules will control.

Arbitrations shall be before a single neutral arbitrator. Arbitrations brought by consumers shall be governed by this arbitration agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All other arbitrations shall be governed by this arbitration agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules, which you can find here: https://www.adr.org/commercial. To the extent there is a conflict between this arbitration agreement and any applicable AAA rules and protocols, the provisions of this arbitration agreement shall control.

Disputes that involve an individual claim for less than $25,000 (US) in actual or statutory damages (but not including any amounts claimed for attorneys' fees and incidental, consequential, punitive, or exemplary damages, and excluding any damage multipliers), must be resolved exclusively through binding non-appearance-based arbitration based solely on the written submissions of the parties, including sworn statements. All other arbitrations will be conducted by telephone, online, or based solely on written submissions, including sworn statements, and will not involve any personal appearances by parties or witnesses. Judgment on an arbitrator's award may be entered in any court that has jurisdiction to do so.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to [email protected] or by certified mail, return receipt requested to Johnny's Selected Seeds, 955 Benton Ave., Winslow, ME 04901 Attn: Legal Claim. The AAA's address is American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the "AAA Notice Address"). You may also send a copy to the AAA online at https://www.adr.org.

Mass Arbitration Rules.

If twenty-five (25) or more claimants file, or indicate an intention to file, demands for arbitration against Johnny's Selected Seeds raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across such Disputes (a "Mass Arbitration"), these special rules apply.

Claimants that are part of a Mass Arbitration (each a "Mass Arbitration claimant") must complete the sixty (60) day informal settlement process (described above) before proceeding further. Counsel for claimants and Johnny's Selected Seeds shall agree to the submission of a single Dispute Statement for all Mass Arbitration claimants, but only if that statement identifies each Mass Arbitration claimant by name, email address, and mailing address.

If the informal settlement process is unsuccessful, counsel for Mass Arbitration claimants and Johnny's Selected Seeds shall each select three (3) Mass Arbitration claimants to proceed to arbitration (each a "bellwether arbitration"), each with a different arbitrator, followed by a mandatory mediation involving all Mass Arbitration claimants. All statutes of limitation shall be suspended for the duration of the informal settlement process, the bellwether arbitrations, and the mediation required by this agreement.

If any demands for arbitration have been filed by Mass Arbitration claimants other than those selected for the six (6) bellwether arbitrations (the "non-bellwether claimants"), they shall promptly be dismissed without prejudice upon selection of the bellwether arbitration claimants. For such dismissed arbitrations, no arbitration fees or costs shall be owed or imposed by the arbitral organization beyond any initial filing fees. The bellwether arbitrations shall commence immediately upon the filing of requests for dismissal for all non-bellwether claimants. All bellwether arbitrations shall require a reasoned decision from the arbitrator and must be completed within one hundred twenty (120) days after they commence unless otherwise ordered by the arbitrator or agreed to by the parties.

Upon the resolution of all of the bellwether arbitrations, counsel for Johnny's Selected Seeds and counsel for claimants shall participate promptly and in good faith in non-binding confidential mediation for a period of not less than sixty (60) days in a good faith effort to resolve all Disputes of the Mass Arbitration claimants under the Mediation Procedures of the AAA or any other mediation rule to which the parties may agree.

If the bellwether arbitrations and the mandatory mediation are unsuccessful in resolving the Disputes of all Mass Arbitration claimants, those Mass Arbitration claimants whose claims have not been resolved shall then have the right to pursue their claims on an individual basis, but only with FairClaims, Inc. ("FairClaims"), and not the AAA, to be arbitrated under FairClaims' Small Claims Rules & Procedures, which are available at https://s3.amazonaws.com/arbi-website/fairclaims-rules/FairClaims-Small-Claims-Rules.pdf. If any cause of action or claim for relief cannot for any reason be addressed by FairClaims, you and Johnny's Selected Seeds agree that any court proceedings shall be stayed pending the final resolution in arbitration of all arbitrable causes of action and claims for relief. The results of such FairClaims arbitrations shall be binding in those court proceedings.

Decisions from the bellwether arbitrations shall be admissible in arbitrations filed with FairClaims. If for any reason FairClaims cannot handle a claim filed under this paragraph, You and Johnny's Selected Seeds shall negotiate in good faith for the substitution of an alternative arbitration organization for that claim whose fees and rules are comparable to those of FairClaims.

The Sites contain trademarks, copy, and designs that are owned by Johnny's Selected Seeds and may not be used by you without our prior written authorization in connection with the sale of products and services, or used in any manner that is likely to cause confusion among our customers or wrongfully disparages or discredits us. If you would like to discuss obtaining such permission, please contact us at [email protected].

You may link to the pages of our Sites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to parts of the Website, or the entire Website, to users, including registered users.

You must only use the Sites for lawful purposes and in accordance with these Terms & Conditions. You agree not to engage in any activities which result in any changes or harm to the Sites or their availability to visitors.

If you choose, or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information.

THE INFORMATION CONTAINED IN THE SITES IS PRESENTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OR RELIANCE ON SUCH INFORMATION SHALL BE AT YOUR OWN RISK, AND WITH NO LIABILITY TO JOHNNY'S SELECTED SEEDS. 

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH ANY CLAIM THEY MAY HAVE AGAINST EACH OTHER.

GOODS SOLD ON THE SITE ARE SOLD "AS IS," AND YOUR SOLE REMEDY FOR CLAIMS ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF THOSE GOODS IS TO RETURN THE GOODS TO US FOR A REFUND OR FOR A REPLACEMENT PURSUANT TO OUR RETURN POLICY, WHICH IS AVAILABLE HERE.

SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT PERMIT SOME OR ALL OF THESE LIMITATIONS IN CONSUMER AGREEMENTS, AND, IN THOSE CASES, THESE LIMITATIONS SHALL BE ENFORCEABLE TO FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

The Sites may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. You agree that we have no responsibility for them or for any loss or damages that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

You understand that you have the absolute right to consult an attorney concerning an aspect of the Terms and Conditions and the Privacy Policy before accepting them, and that, by acknowledging your acceptance of these Terms and Conditions as provided for by the Sites, you represent that you understand their requirements and agree to be bound by them.

You can contact Johnny's Selected Seeds via email at e-mail at [email protected], by phone at 877-564-6697, or by mail at Johnny's Selected Seeds, 955 Benton Avenue, Winslow, ME 04901. Please include information in your correspondence that will help us assist you with your inquiry or request, together with your name, email address, and mailing address.

This agreement was last updated on 01/12/2023, the effective date shown above, and applies to all uses, purchases, or registrations occurring after that date. Updates or changes to these Terms & Conditions shall not apply retroactively. If any part of these Terms & Conditions is found to be unenforceable for any reason, it shall be removed, and the remaining Terms & Conditions shall be fully enforceable.