Seed Digging, PLLC  Seed Digging Student Training Program Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AGREEMENT
("AGREEMENT") BETWEEN YOU AND SEED DIGGING, PLLC THAT GOVERNS YOUR PURCHASE AND USE OF THE SEEDING DIGGING STUDENT TRAINING ("PROGRAM"). BY BEGINNING AND ACCESSING THE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Seed Digging, PLLC ("Seed Digging") and You, the Candidate, hereby agree to the following terms and conditions ("Terms"). 

REQUIREMENTS OF THE SEED DIGGING STUDENT PROGRAM

PROGRAM CONTENT AND STRUCTURE
The Program includes the Course Materials and the Courses. The Course Materials include educational videos and other digital and print materials that will be provided before and during the Courses and are intended to supplement the subject matter of the Courses.

Caregiver, Parent, Teacher, Counselor, or Leader who purchases and/or leads the course with children or students agree to and understand the following the Seed Digging Student Program.

• The program does not replace mental health counseling services.
• Due to the nature and discussion of emotions, the videos may cause unexpected emotions to rise within students. If a child is or begins to struggle with emotions during the training program, the child(ren) or student(s) should be referred to a mental health professional or mental health agency.
• If a child(ren) or student(s) begin to have suicidal thoughts or thoughts of harm to someone else, he/she should be taken to the nearest mental health crisis facility immediately.
• In order for the program to be effective, it is imperative that the child or student(s) parent, guardian, teacher, or leader participate in the program alongside him/her; collaboration with the child or student(s) is necessary for program effectiveness.

PROGRAM FEES

Once you purchase the program for the fee advertised (not including promotional and group rates), you receive lifetime access to the Seed Digging Student training program which includes videos and materials (with copyright restrictions-below).

REFUNDS AND CANCELLATION

Once you receive the course materials, refunds of the application fee only will be granted in limited circumstances and subject to the sole discretion of Seed Digging. However, in the event you have attended some of the courses and are unable to complete the remainder of the session for reasons that Seed Digging determines in its sole discretion are acceptable, Seed Digging may provide a refund for a percentage of the unwatched portion of the videos.

A full refund may be issued up to 72 hours after purchase of the program unless the program materials have been sent out; if materials have been shipped, the materials, shipping, and handling cost will be deducted from the refund.

T-shirt exchanges may be made in person at the Seed Digging Wellness Center; the t-shirt must be in perfect condition for an exchange. T-shirt exchanges may occur (within 14 days of receiving the materials) through the mail; however, the full cost of shipping and handling must be paid in full. The t-shirt received must be in perfect condition before the exchange can take place.

If you would like to cancel your subscription to this program, please email us at [email protected] and request "cancellation."

CREDIT CARD INFORMATION

The Seed Digging Student Program uses "Stripe" and PayPal for payment purposes and to secure credit card information. "Stripe is a global online payment processor which uses SSL (Secure Socket Layer) protection and is a PLC Service Provider Level 1. PayPal holds PCI and CISP compliance and both PayPal and Stripe securely encrypts your financial information. Your credit card information is not shared, and Stripe and PayPal securely stores your information.

PROGRAM CONCERNS OR COMPLAINTS

If you have a concern or complaint regarding the program or any process involved in the program, please send an email to [email protected] and state "complaint" within the subject line. The program administrator will review and respond to your complaint within 14 business days. Additional time may be needed in an attempt to resolve the issue, but you will receive correspondence within 14 business days. Seed Digging, PLLC will attempt to find a resolve (this does not guarantee that a resolve with be made) to the issue within 60 days.

COMPLIANCE WITH PROGRAM REQUIREMENTS AND PROHIBITIONS

The Seed Digging Student Program requires investment in time and money to achieve and maintain. This Agreement protects Your and Seed Digging's investment and the integrity, validity, and security of all Seed Digging Certification Credentials. Seed Digging will use its best efforts to ensure the Courses are information and understandable. Toward these goals Seed Digging has established rules to minimize any unfair advantage that may be gained by a Candidate’s misconduct related to the Program and requires the highest level of ethical and professional conduct. You shall adhere to the following rules and shall not at any time, whether for your benefit or the benefit of others, knowingly or unintentionally engage in any action to subvert, or attempt to subvert, the Program process. These actions include, but are not limited to and throughout the Program, You must not:

• Falsify your identity or impersonate another individual.
• Solicit or allow another person to watch the program on Your behalf without written permission from Seed Digging, PLLC
• Reproduce, use, or disclosure any Course or Exam content in any form (digital, print, verbal) to anyone before, during, or after the Program.
  • Possess, refer to, or otherwise use any materials or equipment including, but not limited to, cellular phones, hand- held computers, laptop computers, tablets, electronic devices, removable drives, cameras, any recording devices, watches, wallets, backpacks, briefcases, purses, hats, car keys, bags, vests, coats, books, notes, paper, documents, or any writing materials while taking an exam.
• Alter any document provided during the program
• Offer to sell, publish, display, distribute, disclose, or reproduce any part of any program or exam content, by any means, including, but not limited to, web postings, formal or informal preparation or discussion groups including communities of practice, chat rooms, reconstruction through memorization, study guides, or by any other method or in any materials.
• Create derivative works from any part of the program.
• Engage in any conduct that is intended to, or results in, assisting or providing unfair advantage to others is prohibited.
• Engage in any conduct that compromises the integrity, security, and confidentiality of the program.

CONFIDENTIALITY AND OWNERSHIP

Intellectual Property. With the exception of the portions of the Program that Seed Digging makes publicly available, all program content and materials are, and will at all times remain, the confidential intellectual property of Seed Digging. You agree that You will not, nor permit others to, reproduce, use, transmit, publish, or disclose any confidential information, in any form, including without limitation, verbal, written, electronic or any other means for any purpose. Seed Digging will pursue all available remedies to protect its program content and materials, its intellectual property, its confidential information, its trademarks, and all other proprietary information and materials, which may include prosecution to the maximum extent possible under applicable laws and to seek, to the fullest extent of applicable law, civil and criminal penalties.
Non-Disclosure Relating to the course content. The content of each course is the proprietary, confidential, and copyright-protected material of Seed Digging and you agree that you will not, nor permit others to, reproduce, use, transmit, publish, or disclose any course or exam content, in any form, including without limitation, verbal, written, electronic or any other means for any purpose.

CONFIDENTIALITY OF PERSONAL INFORMATION

Personal information involving your information and test scores within the program are confidentially stored within the Kajabi Program. INFORMATION is not shared and is only viewed by the Program Administrator.

TERMINATION AND REVOCATION OF PROGRAM RIGHTS

• You May Terminate at Any Time. You may terminate this Agreement at any time upon written notice to Seed Digging.
• Seed Digging May Terminate For Cause. Seed Digging reserves the right to terminate this Agreement for cause at any time upon written notice to You (sent to your last known mailing and/or email address). Cause for termination shall include, without limitation, (i) any breach of this Agreement. Effect of Termination or Expiration.

DISCLAIMER
All Materials are provided “as is” and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. Certification in Seed Digging does not authorize You to perform acts or services that are outside the scope of practice of your profession. It is Your responsibility and obligation to determine how and to what extent Seed Digging techniques may be implemented and used within the scope of your specific occupation. Seed Digging makes no representations about the acceptability or applicability of its techniques to any particular profession. You should be mindful that, in the event the use of a Seed Digging technique may violate the scope of your professional practice, you should seek the assistance of a provider who is qualified to assist You and your client.

• INDEMNIFICATION
  Seed Digging Indemnity Obligations. Seed Digging warrants that it has the right to disclose its proprietary information contained in the course and other materials and that such disclosure does not violate the rights of any third parties. Seed Digging shall indemnify, defend, and hold a licensee harmless from and against all claims, losses, damages, costs and expenses suffered, incurred, or sustained by licensee to which the licensee becomes subject, resulting from, arising out of, or relating to any actual third-party claims of violations of intellectual property rights.
• Candidate Indemnity Obligations. You agree to indemnify, defend and hold Seed Digging harmless against any losses, liabilities, damages, claims and expenses (including attorneys’ fees and court costs) arising out of any claims or suits, whatever their nature and however arising, in whole or in part, which may be brought or made against Seed Digging in connection with: (i) any personal injury, property damage or other claims which are caused, directly or indirectly by any negligent act, omission, illegal or willful misconduct by You, and/or Seed Digging Trademarks; (iii) Your use or misuse of Seed Digging confidential information; and/or (iv) Your breach of any terms of this Agreement.

LIMITATION OF LIABILITY AND DAMAGES

• Liability. In the event a course is administered by a party other than Seed Digging, you acknowledge and agree that Seed Digging shall have no liability to you for any claim in any way related to the course or exam, including but not limited to registration, the testing environment, delivery of the courses, program fees, and the accuracy, timeliness, or reporting of exam results.
• Damages. With the exception of the indemnity obligations set forth herein, under no circumstances will Seed Digging be liable for any consequential, special, incidental, exemplary, or indirect damages arising from or relating to this Agreement even if Seed Digging has been advised of the possibility of such damages. Seed Digging's liability for direct damages, whether in contract, tort or otherwise, shall be limited to the application fee paid by You to Seed Digging under this Agreement.

PROGRAM CHANGES
Seed Digging may, in its sole discretion, change the Program without notice. Such changes will be posted on the Seed Digging website at www.seeddiggingtraining.com and may include, without limitation, adding or deleting available certification credentials and modifying certification requirements, recommended training courses, testing objectives, outlines, and exams, including how and when exam scores are issued. You agree to meet the program requirements if it is ever changed.

GENERAL

• Entire Agreement. This Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior communications and agreements, either oral or written.
• No Partnership or Agency. Each party shall act only as an independent contractor, and not as an employee, agent, subcontractor, or representative of the other for all purposes under this Agreement. Nothing contained herein shall be deemed to constitute a joint venture or partnership for any purpose or create any employment or fiduciary relationship between the parties. Neither Seed Digging nor Candidate will have any authority to create or assume, in the name or on behalf of the other, any obligation, expressed or implied.
• Severability. If any provision in this Agreement is determined to be unenforceable by any court of competent jurisdiction, such provision shall be modified to be enforceable and consistent with the parties’ intent as closely as possible. Further, if the remainder of the Agreement is not materially affected by such determination and is capable of substantial performance, then the remainder will be enforced to the extent permitted by law.
• Waiver. The failure to enforce or the waiver by either party of one default or breach of the other party shall not be considered a waiver of any subsequent default or breach.
  Governing Law. This Agreement is governed by the laws of the State of Arkansas, excluding its conflicts of laws provisions. The parties agree that the exclusive jurisdiction of any suits arising out of, relating to, or in any way connected with this Agreement shall be in the state or federal courts, as applicable, located in Boone County, Arkansas or whatever available venue is nearest to Boone County.
• Dispute Resolution. In the event either party has a dispute related to this agreement, the disputing party shall notify the other party in writing of the nature of the dispute, describing in reasonable detail the facts and other relevant information underlying the dispute. If corrective action is not agreed upon, the dispute shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having competent jurisdiction thereof. Notwithstanding the foregoing, either party may at any time seek interim or permanent relief in any court of competent jurisdiction for disputes relating to non-compliance with confidentiality obligations or any provisions of this Agreement involving intellectual property rights.
• Amendments. Any amendment or change to this Agreement must be in writing and signed by both the Candidate and Seed Digging to be binding.
• Survival. Provisions that survive termination or expiration of this Agreement include those pertaining to limitation of liability, indemnification, nondisclosure, and others that by their nature are intended to survive.

End of Agreement