Introduction

 

Welcome to chea seed.  Your use of chea seed’s services, including the services chea seed makes available through its website; the chea seed mobile application (“Application”), which may be accessed through or downloaded from any application store or distribution platform (each such distribution platform an “App Platform Provider”); and any other software or services offered by chea seed in connection with any of those (collectively the “Services”) is governed by these terms of use (the “Terms”).  Please carefully read them before using the Services. For the purposes of these Terms, “we,” “our,” “us,” and “chea seed” refer to Chea Seed Inc, the providers, and operators of the Services.

 

In order to use the Services, you must first agree to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will also refer to that organization, wherever possible.

 

You must be over 13 years of age to use the Services, and children under the age of 13 cannot use or register for the Services. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Services. If you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these Terms with respect to your child’s use of the Services.

 

You agree your purchases and/or use of the Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by chea seed or any of its representatives regarding future functionality or features.

 

BY USING, DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING THE SERVICES OR ANY MATERIALS INCLUDED IN OR WITH THE SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN YOU MAY NOT USE, DOWNLOAD, INSTALL, OR OTHERWISE ACCESS THE SERVICES.

 

Not Professional Advice

 

You acknowledge and agree that the Services constitute, primarily, a personalized self-help system designed to help you improve your own career and that if you choose to utilize the Services you are solely responsible for deciding which of the suggested methods you put into practice and how to apply those methods. As such, you acknowledge that chea seed is not a professional career, legal, talent, or other coach (“Professional”), and does not provide you with Professional  advice.

 

Any advice or other materials provided through the Services are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for Professional advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your Professional network (as the case may be), and not replace it. We are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Services.

 

If you receive advice from a Professional or other qualified professional which conflicts with anything contained in the Services then the former should take precedence. Never disregard Professional career, coach, legal, or other advice or delay in seeking it because of something you have read through these Services.

 

Use by Your Supporters

 

In addition to functioning as a standalone personalized self-help system, the Services may also be used by individuals you select known as “Supporters”  to help you in your use of the Services. Such use shall require your affirmative consent, and may also be subject to the terms of a separate agreement (the “Supporter Agreement”), located on the chea seed website. In the event of any conflict between these Terms and the terms of the Supporter Agreement, the terms of the Supporter shall control with respect to the use of the Services by Supporters. In all other matters, these Terms shall control.

 

Your Account

 

In the course of registering for or using the Services, you may be required to provide chea seed with certain information, including your name, email address, username, and a password and/or login for your identity provider (“Credentials”). You are responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify chea seed promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify chea seed of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify chea seed immediately.

 

Content and License from You

 

A variety of information, instruction, reviews, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data, and other materials (“Content”) may be made available through the Services by chea seed or its suppliers (“chea seed-Supplied Content”). Although chea seed strives to keep the Content that it provides through the Services accurate, complete, and up-to-date, chea seed cannot guarantee, and is not responsible for the accuracy, completeness, or timeliness of any chea seed-Supplied Content.

 

You acknowledge that you may also be able to create, transmit, publish or display information (such as data files, written text, computer software, music, audio files, or other sounds, photographs, videos, or other images) through the use of the Services. All such information is referred to below as “User Content.”

 

You agree that you are solely responsible for (and that chea seed has no responsibility to you or to any Third-Party for) any User Content and for the consequences of your actions (including any loss or damage which chea seed may suffer) in connection with such User Content. If you are registering for these Services on behalf of an organization, you also agree that you are also responsible for the actions of associated Users and for any User Content that such associated Users might upload, record, publish, post, link to, or otherwise transmit or distribute through use of the Services.

 

Chea seed may refuse to store, provide, or otherwise maintain your User Content for any or no reason without explanation to you. Chea seed may remove your User Content from the Services at any time if you violate these Terms or if the Services are canceled or suspended. If User Content is stored using the Services with an expiration date, chea seed may also delete the User Content as of that date. User Content that is deleted may be irretrievable. You agree that chea seed has no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted through the use of the Services.

 

Chea seed reserves the right (but shall have no obligation) to remove User Content from the Services, in its discretion.

 

By submitting, posting, or otherwise uploading User Content on or through the Services, you give chea seed a worldwide, royalty-free, nonexclusive, fully sub-licensable, and perpetual license. In particular, without limiting the foregoing:

 

With respect to User Content that you submit, post or otherwise make publicly or generally available through the Services (including by way of example and not limitation, postings made on the Services’ public forums, if any), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal purpose; and

With respect to User Content that you submit, post, or otherwise make available privately via the Services (such as communications made to a specific Supporter or User Content which you enter and/or upload for your own personal use), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling chea seed to provide you with the Services.

 

Proprietary Rights

 

You acknowledge and agree that chea seed (or chea seed’s licensors) own all legal right, title, and interest in and to the Services and that the Services are protected by copyrights, trademarks, patents, or other proprietary rights and laws (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

 

Except as provided in the Section Content and License from You, chea seed acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit, share or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with chea seed, you agree that you are responsible for protecting and enforcing those rights and that chea seed has no obligation to do so on your behalf.

 

License from chea seed and Restrictions on Use

 

Chea seed gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software and chea seed-Supplied Content provided to you as part of the Services on a  device that you personally own or control for your own personal non-commercial use. This license is for the sole purpose of allowing you to utilize the Services as a personalized self-help system to help you improve your career, in the manner permitted by these Terms. Additionally, if you are a coach or other professional utilizing these Services in conjunction with a client who is also a user of the Services, you may utilize the Services for the limited purpose of supporting such user with the same.

 

You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by chea seed, in writing (e.g., through an open-source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Services or any applications running on the Services.

 

You may not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

 

You may not access the Services in a manner intended to avoid incurring fees.

 

You may not access the Services for the purpose of bringing an intellectual property infringement claim against chea seed or for the purpose of creating a product or service competitive with the Services.

 

You agree that you will not upload, record, publish, post, link to, transmit or distribute User Content, or otherwise utilize the Services in a manner that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any Third-Party or chea seed, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) utilizes or contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

 

You may not use the Services if you are a person barred from receiving the 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 Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.

 

Use of the Application requires third-party services and equipment such as a compatible mobile device, internet access, and a telecommunications carrier. Obtaining and maintaining the equipment and services necessary to use the Application is your responsibility. Chea seed is not responsible for equipment defects, lack of service, dropped calls, or other issues arising from third-party services or equipment. You are solely responsible for your use of those services on your mobile device and compliance with any applicable Third-Party terms and payment of all applicable Third-Party fees associated with any carrier service plan you use in connection with your use of those services (such as voice, data, SMS, MMS, roaming or other applicable fees charged by the carrier). You are also responsible for maintaining the confidentiality of your user identification and password used to access the Application. You will not disclose or share your password with third parties or use your password for any unauthorized purpose. Any unauthorized use of your user identification or password is your responsibility. If you choose to use a persistent log-in, you should lock your mobile device when not in use to avoid any breach of the security of your information and/or misuse of your identification, password, or the Application. You agree not to use the Application to communicate in an offensive or obscene manner or to spam, threaten, defame or harass other users. Chea seed is not in any way responsible for any such use by you or by any person using your password, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application. Chea seed reserves the right but does not assume the obligation, to remove any objectionable activity or language used in the Application at any time. Chea seed reserves the right but does not assume the obligation, to not publish or to terminate any communication, or posting it determines objectionable in its sole discretion. Use of the Application is void where prohibited. You shall not use the Application to falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; or to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, U.S. regulations pertaining to the export of software from the U.S. to embargoed countries. You will ensure that the information you provide to us through the Application is accurate and complete. We reserve the right to immediately terminate your use of the Application should you fail to comply with any of the foregoing.

 

Pricing Terms

 

Subject to the Terms, the Services are provided to you without charge. In the future, there may be charges. Such charges may be based on usage and usage over these limits may require the purchase of additional resources and the payment of fees. All users will be notified in advance of changes to chea seed’s pricing terms. Please see chea seed’s pricing terms on the chea seed website for details regarding pricing for the Services.

 

Privacy Policy

 

These Services are provided in accordance with our Privacy Policy, which can be found on this website. You agree to the use of your User Content and personal information in accordance with these Terms and chea seed’s Privacy Policy.

 

Modification and Termination of Services

 

Chea seed is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which chea seed provides may change from time to time without prior notice to you, subject to the terms in its Privacy Policy and pricing terms if any. Changes to the form and nature of the Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, removal of features, and other enhancements. Any new features that may be added to the website or the Services from time to time will be subject to these Terms unless stated otherwise.

 

You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account.

 

You agree that chea seed, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that chea seed will not be liable to you or any Third-Party for such termination.

 

Upon any termination of the Services or your account these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

 

Changes to Terms 

 

These Terms may be amended or updated from time to time without notice and may have changed since your last visit to the website or use of the Services. You can determine when these Terms were last revised by referring to the “Last Updated” date at the top of these Terms. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services. Please visit this page regularly to review these Terms for any changes.

 

DISCLAIMER OF WARRANTY 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

 

CHEA SEED, ITS REPRESENTATIVES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHEA SEED, ITS REPRESENTATIVES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICES WILL BE ACCURATE.

 

NOTHING IN THESE TERMS, INCLUDING THIS SECTION DISCLAIMER OF WARRANTY AND SECTION LIMITATION OF LIABILITY BELOW, SHALL EXCLUDE OR LIMIT CHEA SEED’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

 

LIMITATION OF LIABILITY

 

SUBJECT TO SECTION DISCLAIMER OF WARRANTY ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHEA SEED, ITS REPRESENTATIVES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

SOME STATES AND JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CHEA SEED’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

 

Indemnification 

 

You agree to hold harmless and indemnify chea seed, and its representatives, officers, agents, employees, advertisers, licensors, suppliers, or partners (collectively “chea seed and Partners”) from and against any Third-Party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature.

 

Copyright Policy 

 

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Services if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

 

DMCA Notice of Alleged Infringement (“Notice”)

 

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

 

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link or the exact location where such material may be found.

 

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

 

Include both of the following statements in the body of the Notice:

– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

– “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

 

Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Designated Copyright Agent at chea@cheaseed.com.

 

Third-Party Content

 

The Services may include hyperlinks to other websites, as well as content or resources or email content provided by companies or persons other than chea seed (“Third-Party Content”). Chea seed has no control over such Third-Party Content.

 

You acknowledge and agree that chea seed is not responsible for the availability of any Third-Party Content, and does not endorse any advertising, products or other materials on or made available through such Third-Party Content.

 

You acknowledge and agree that chea seed is not liable for any loss or damage which may be incurred by you or other users as a result of your use of or reliance upon Third-Party Content, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or made available through, such Third-Party Content.

 

Third-Party Software

 

The Services incorporate certain Third-Party software (“Third-Party Software”), which is licensed subject to the terms and conditions of the Third-Party licensing such Third-Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third-Party Software.

 

Feedback

 

You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place chea seed under any fiduciary or other obligation, and that we are free to use such feedback without any additional compensation to you, and/or to disclose such feedback on a non-confidential basis or otherwise to anyone.

 

Miscellaneous

 

These Terms, together with our Privacy Policy, Supporter Agreement, if any, and pricing terms, if any, constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of chea seed to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by chea seed must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the state of California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

Maintenance and Support Services

 

Any maintenance and support services made available by chea seed are at the discretion of chea seed, which may initiate or cease providing maintenance and support services at any time without notice to you. You acknowledge that the App Platform Provider and your wireless carrier are not responsible for providing maintenance and support services for the Application.

 

Location Data

 

Chea seed, the App Platform Provider, distributors of the Application, or other providers or their partners may collect, maintain, process and use your location data, including the real-time geographic location of your mobile device as necessary to provide the Application’s full functionality. By using or activating any location-based services on your mobile device, you agree and consent to chea seed’s, and such parties’ collection, maintenance, publishing, processing, and use of your location data to provide you with such services. You may withdraw this consent at any time by turning off the location-based feature on your mobile device or by not using any location-based features. Turning off or not using these features may impact the functionality of the Application. Location data provided by the Application is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. The use of real-time route guidance is at your sole risk. Location data may not be accurate. Neither chea seed, nor such parties guarantee the availability, accuracy, completeness, reliability, or timeliness of information or location displayed by the Application.

 

Third-Party Beneficiaries

 

Chea seed and you acknowledge that the App Platform Provider and the App Platform Provider’s subsidiaries are Third-Party beneficiaries of this agreement. Upon your acceptance of these Terms, the App Platform Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a Third-Party beneficiary. Aside from the App Platform Provider, there are no Third-Party beneficiaries to this agreement.

 

Contact Us

 

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Services, please contact us at: chea@cheaseed.com.

 

When submitting a complaint, please provide a brief description of the nature of your complaint and the specific services to which your complaint relates.

 

© Chea Seed Inc. 2021 All Rights Reserved