Some legal mumbo jumbo. Please read this before purchasing our products.
Updated on February 24, 2024 (the "Effective Date")
If You do not agree to these Terms, please don't use the Site, the Products or the Services. As a new or continuing user accessing the Site, the Products or the Services, You represent that You have read, understood and agreed to the Terms, and consent to be bound by all of them, including any future amendments or updates.
The Site or the Services is not for You to use if You do not accept the Terms, and to accept them, You must not be a person who's been barred from using the Site or Services under the laws of the United States or other countries, including the country in which You are resident or from which You use the Site, the Products or Services.
Should You object to any of the Terms or any subsequent modifications thereto, or become dissatisfied with the Site, the Products or the Services in any way, Your only recourse is to immediately discontinue use of the Site. TS has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution. These Terms may be changed at any time at Our discretion, and if We make changes, We will post them here; please review these Terms each time You use the Site, the Products or the Services to learn of such changes. Your continued use of the Site indicates Your agreement to any and all changes.
To use the Services or purchase the Products, you must be at least 18 years of age. By using Our Services, You certify that You are at least 18 years of age and that You agree to be bound by these Terms. If You do not agree to be bound by these Terms or if You are not at least 18 years of age, please immediately exit the site.
Use of TS Services and Content. TS authorizes You to view and access a single copy of the content available on or from the Site solely for Your personal use. The contents of the Site and the Services such as text, graphics, images, logos, button icons, software and other TS content (collectively, "TS Content"), are protected under both United States and foreign copyright, trademark and other laws. All TS Content is the property of TS or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of TS and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the TS Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original TS Content on any authorized copy You make of the TS Content.
You agree not to sell or modify the TS Content or reproduce, display, publicly perform, distribute, or otherwise use the TS Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Site, in any other manner that is likely to cause confusion among consumers, that disparages or discredits TS or its licensors, that dilutes the strength of TS's or its licensor's property, or that otherwise infringes TS's or its licensor's intellectual property rights. You further agree to in no other way misuse TS Content that appears on this Site or in the Services. The use of the TS Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that TS creates to generate or display any TS Content or the pages making up the Site is also protected by TS's copyright and You may not copy or adapt such code.
Site Restrictions. You may not use the Site or the Services in order to transmit, post, distribute, store or destroy material, including without limitation, the TS Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Hidden Charges There are no hidden charges of any kind. The only possible charge you could receive is a restocking fee for returns. Please read the Shipping and Returns section for complete information.
You are also prohibited from violating or attempting to violate the security of the Site or Services, including without limitation, the following activities: (a) accessing data not intended for You or logging into a server or account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user of the Site or Services, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.
Specific Prohibited Uses. The Services, the TS Content and other features of the Site may be used only for lawful purposes by individuals for the purpose of purchasing the Products and Services. TS specifically prohibits any other use of the Site, and You agree not to do any of the following: (a) use the Site for any purpose other than as an individual consumer of the Products and Services, including but not limited to using the information in the Site to sell or promote any products or services; (b) post or submit to the Site any incomplete, false or inaccurate biographical information or information which is not Your own; (c) post on the Site any franchise, pyramid scheme or "club membership"; (d) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to any other user(s) of the Site; (e) delete or revise any material posted by any other person or entity; (f) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure; (g) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from TS on the Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Chrome); (h) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; (i) aggregate, copy or duplicate in any manner any of the TS Content or information available from the Site, without express written consent from TS or (j) frame or link to any TS Content or information available from the Site.
User Content and Submissions. You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the Site ("User Content") is the sole responsibility of the person from which such User Content originated. TS claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content You submit, post or display on or through TS and You are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through TS, You grant TS a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through TS. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, You grant TS a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting TS Services. TS will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. TS reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of the Site, You also permit any user of the Site to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.
TS has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted any user of the Site. However, TS may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users of the Site. TS reserves the right to prevent You from further access to the Site and/or use of the TS Services for violating these Terms or applicable laws, rules or regulations. TS may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for TS, damage TS's brand or public image, or cause TS to lose (in whole or in part) the services of its ISPs or other suppliers.
TS does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or endorse any opinions expressed by users of the Site. You acknowledge that any reliance on material posted by other users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Site. Prohibited Content includes, but is not limited to, Content that: is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of any group or individual; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and/or solicits passwords or personal identifying information from other users.
It is also a violation of these Terms, to include in any User Content submitted to the Site that may be interpreted as direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis.
DISCLAIMERS. THE SITE, ITS CONTENT, THE PRODUCTS, SERVICES ARE PROVIDED "AS IS" AND TS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCTS, SERVICES, IMAGES, SITE OR ITS CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TS DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PRODUCTS, SERVICES OR CONTENT ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, THE SERVICES AND THE PRODUCTS IS AT YOUR OWN RISK.
THE PRODUCTS DISTRIBUTED BY TS THROUGH THE SITE ARE PRIMARILY SEEDS AND GARDENING PRODUCTS AND TS DOES NOT WARRANTY THE SAFETY OR THE EFFECTIVENESS OF ANY OF THE PRODUCTS SOLD ON THE SITE. TS IS NOT RESPONSIBLE FOR, AND HEREBY DISCLAIMS ANY LIABILITY IN CONNECTION WITH, ANY ARTHROPOD BITES, STINGS, OR DISEASES THAT OCCUR IN CONNECTION WITH YOUR USE OF THE PRODUCTS AND SERVICES.
Limitation on Liability. Neither TS, nor its licensors or representatives, shall be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from Your access to or use of Site, the TS Content, the Products or the Services.
Indemnification. You agree to indemnify and hold TS, its officers, managers, employees, agents, subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by You or any third-party as a result of Your use of the Site, the TS Content, the Products or the Services and/or Your breach or alleged breach of these Terms.
Ownership of Our Website. All of the content on the Site, including without limitation, the graphics, design, photos, videos and look and feel are owned by TS and are protected by United States and international copyright, trademark, patent, trade secrets and other intellectual property rights protection. The TS logos are trademarks owned by TS and may not be used or reproduced without Our written permission. In addition, You may not reverse engineer, de-compile, or otherwise disassemble software included on the Site.
Third Party Software. TS may make software from third-party companies available to You. To download such software, You may be required to agree to the respective software licenses and/or warranties of such third-party software. Each software product is subject to the individual company's terms and conditions, and the agreement will be between You and the respective company. This means that TS does not guarantee that any software You download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. TS does not offer any warranty on any third-party software You download using the Site.
International Use. TS makes no representation that materials on this Site, the Products or the Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Ordering Products. After placing an order for a Product on the Site, You SHOULD receive an email from TS confirming that We have received Your order ("Order Confirmation"). This does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Product and any order placed through the Site is subject to acceptance by Us, and We will confirm Our acceptance by sending You an email confirming the shipment of Your order (the "Shipping Confirmation Email"). A contract with Us will only be formed when We send You the Shipping Confirmation Email. The contract will relate only to those Products whose shipment We have confirmed have shipped in the Shipping Confirmation Email. We reserve the right to cancel Your order at any time before We have accepted it and We may rescind Our acceptance and cancel Your order where there has been an obvious error in price or where the Product is no longer in stock.
Prices and availability of Products on the Site are subject to change without notice. Our Site contains a large number of Products and it's possible that some of the Products listed on Our Site may be incorrectly priced, even though We do Our best to ensure accuracy. If a Product's correct price is higher than the price stated on Our Site, We may, at Our discretion, contact You for instructions before shipping the Product or notify You that We have rejected Your order. We are under no obligation to provide the product to You at an incorrect lower price, even after We have sent You an Order Confirmation or a Shipping Confirmation Email. You acknowledge that Products may sell very fast and it may be the case the Product You ordered is no longer available. You agree that We may cancel Your order after You have received an Order Confirmation without penalty. It's even possible that You may receive a Shipping Confirmation Email, but the Product is no longer available in Our stock. You agree that We may rescind Our acceptance and cancel Your order without penalty if We are unable to ship the Product You ordered due to unavailability. We currently accept Visa, Mastercard, Discover, American Express as payments. You will be charged when the order is placed.
Phone Orders. We DO NOT take phone orders. Bottom line, even though we are all incredibly honest and ethical people, you DO NOT want to be saying your credit card number over the phone. This is how credit cards can be intercepted. Despite how we thought growing up (us older folks), it is SAFER to enter your credit card online providing the PADLOCK is present in the URL address bar.
If you have a history of having your credit card number hacked when placing orders online, chances are your computer or phone might contain a virus that is stealing your card number and forwarding it to some bad people. It is a good practice to scan our electronic devices for malware, viruses and other code we may have picked up accidentally during our browsing activities.
Collection of Taxes. In states where We do not have a physical presence, We may not be required to collect and remit sales tax for Site purchases. However, many states require that their residents file a sales or use tax return for Products purchased on this Site. You should consult Your state and local tax laws to determine compliance with tax laws and regulations in Your jurisdiction. In some states, We do collect and remit sales tax. For purchases where sales tax is applicable You will see the tax calculated on the checkout page before You are asked to confirm the purchase. We use commercially reasonable efforts to compute and remit the correct amount of tax required on each taxable purchase, however, We do not guarantee the accuracy of the amount of the tax shown as the tax owed. As a result of any error, We may over collect or under collect Your tax. In consideration of Our allowing You access to and use of the Site, and in collecting and remitting taxes required on Your purchases, You hereby waive Your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless TS, its officers, directors, employees, agents and representatives, for any harm or other damages You may incur as a result of Our error in calculating the taxes You owe for Your Product purchases. The State of Michigan recently informed us that they consider our seeds a food item, and therefore do not require the collection of sales tax.
Shipping. The term "shipping" or "ship" includes the commencement of shipping Products in an order for multiple purchases or where the Product purchased consists of components that must be shipped separately. Your order may consist of Products that require shipment in separate packages. In all such orders, We try to ship out individual packages together so that they arrive at the same time; however, in some instances, We commence shipping by shipping individual packages in the order the soonest they are available. In such case, Our notification to You that Your order has "shipped," indicates the time when shipping has commenced and does not mean that all Products in the order have shipped at that time. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping. All items purchased from Todd's Seeds are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon tender of the item to the carrier. We will also, at our sole discretion, ship an order incomplete if we believe we will have any unshipped items in stock in a reasonable period of time. Whatever you paid for shipping will not change should we need to make multiple shipments to complete your order.
If your PHYSICAL ADDRESS cannot accept USPS or UPS deliveries, it is YOUR responsibility to make an order note indicating such.
Other Terms. These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Wayne County and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You acknowledge and agree that except as specified herein, no representations, warranties or promises of any kind have been made to You by TS regarding the use of the Site, the TS Content, the Products or the Services.