Terms of Service

1. Acceptance of Terms

Welcome to KrookedKradleNursery ("Company," "we," "our," or "us"). By accessing or using our website at krookedkradlenursery.netlify.app (the "Website") and our cryogenic tissue culture and genetic preservation services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

2. Description of Services

KrookedKradleNursery provides the following services:

• Genetic Banking: Long-term cryogenic storage of cannabis genetics at -196°C
• Tissue Culture Propagation: Laboratory-grade propagation of disease-free, genetically identical plants
• Genetic Testing: Cannabinoid, terpene, and DNA profiling services
• Access to Genetics Library: Availability of preserved rare cannabis genetics

3. Eligibility

To use our Services, you must:

• Be at least 21 years of age
• Have the legal capacity to enter into binding contracts
• Comply with all applicable federal, state, and local laws regarding cannabis
• Not be prohibited from using our Services under applicable law

4. Account Registration

Certain Services may require you to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

5. Genetic Material and Samples

5.1 Ownership and Intellectual Property

You retain all ownership rights to genetic material you provide for banking or preservation. By submitting samples, you represent and warrant that:

• You have legal ownership or authorization to submit the genetic material
• The genetic material was obtained in compliance with all applicable laws
• You have the right to enter into this agreement regarding the material

5.2 Sample Requirements

All genetic samples must meet our quality and compliance standards. We reserve the right to:

• Reject samples that do not meet our acceptance criteria
• Request additional documentation regarding sample provenance
• Terminate services for samples that raise legal or ethical concerns

5.3 Preservation Limits

While we employ industry-standard preservation techniques, we cannot guarantee indefinite viability of all samples. We will:

• Use best efforts to maintain genetic integrity
• Provide regular viability assessments
• Notify you of any issues affecting your samples

6. Payment and Billing

6.1 Payment Terms

Payment for Services is due according to the pricing in effect at the time of order. We accept:

• Credit and debit cards through Stripe
• Cryptocurrency through Coinbase Commerce (Bitcoin, Ethereum, USDC)
• Pre-paid packages for genetic banking services

6.2 Pricing Changes

We reserve the right to modify our pricing at any time. Pricing changes will be effective upon renewal or new service agreements.

6.3 Refunds and Cancellations

Refund and cancellation policies vary by service type:

• Consultations: 48-hour cancellation notice required
• Genetic Banking: Annual prepayments are non-refundable
• Tissue Culture: Refunds available if work has not commenced

7. Confidentiality and Privacy

We maintain strict confidentiality regarding your genetic materials and business information. See our Privacy Policy for details on how we protect your information.

8. User Conduct

You agree NOT to:

• Use our Services for any illegal or unauthorized purpose
• Submit genetic material obtained illegally or without proper authorization
• Interfere with or disrupt our Website or Services
• Attempt to gain unauthorized access to our systems
• Harass, threaten, or harm other users or our staff
• Use automated systems to access our Website without permission

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

• Our Services will be uninterrupted, error-free, or secure
• Any errors or defects will be corrected
• Results obtained from our Services will meet your expectations
• Genetic samples will remain viable indefinitely

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KROOKEDKRADLENURSERY SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Sample loss, damage, or contamination (except as specifically agreed)
• Actions of third parties

Our total liability shall not exceed the amount paid by you for Services in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless KrookedKradleNursery and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your violation of these Terms
• Your violation of any third-party rights
• Your genetic material or samples
• Your use of our Services

11. Intellectual Property Rights

11.1 Our Intellectual Property

All content, designs, graphics, logos, trademarks, and technology on our Website are owned by KrookedKradleNursery and are protected by intellectual property laws. You may not use our trademarks without written permission.

11.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our Website for its intended purpose, subject to these Terms.

12. Termination

We may terminate or suspend your access to our Services immediately, without prior notice, for:

• Breach of these Terms
• Illegal activity
• Fraudulent or deceptive conduct
• Non-payment

Upon termination, your right to use Services ceases immediately. Provisions that should survive termination include: Limitation of Liability, Indemnification, and Disclaimers.

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of the State of Alaska, without regard to conflict of law principles.

13.2 Arbitration

Any dispute arising from these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

13.3 Class Action Waiver

You agree to resolve disputes on an individual basis. You waive any right to participate in class actions or collective proceedings.

14. Force Majeure

We are not liable for failures or delays resulting from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters
• Government actions or regulations
• Supply chain disruptions
• Technology failures or cyberattacks
• Pandemics or public health emergencies

15. Changes to Terms

We may modify these Terms at any time. Material changes will be posted on this page with an updated revision date. Your continued use of Services after changes constitutes acceptance of the new Terms.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and KrookedKradleNursery regarding our Services.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations freely.

17. Contact Information

For questions about these Terms, please contact us:

KrookedKradleNursery
Email: krookedkradlenursery@proton.me
Alaska, USA