BACKUP TERMS AND CONDITIONS

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These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Seed Junky Genetics and its affiliates (“Company,” “we,” “us,” or “our”) governing your access to and use of the Company’s website located at www.seedjunkygenetics.com (the “Site”), including, without limitation, any purchase of products offered through the Site (collectively, the “Services”).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR PURCHASING ANY PRODUCTS. By accessing, browsing, or using the Site, or by placing an order for any product through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (available at www.seedjunkygenetics.com/privacy-policy), and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of the Site.

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION: These Terms contain a binding arbitration provision and a class action waiver in Section 17. Please review Section 17 carefully, as it affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

1. DEFINITIONS

In addition to terms defined elsewhere in these Terms, the following definitions shall apply:

“Applicable Law” means all applicable federal, state, and local laws, statutes, regulations, rules, ordinances, orders, and guidance, including, without limitation, the Agriculture Improvement Act of 2018 (the “2018 Farm Bill”), as amended by P.L. 119-37, Division B, Section 781 (the “2025 Hemp Amendments”), the Controlled Substances Act (21 U.S.C. §§ 801 et seq.), the California Consumer Privacy Act (Cal. Civ. Code §§ 1798.100 et seq.), as amended by the California Privacy Rights Act (“CCPA/CPRA”), the Federal Trade Commission Act (15 U.S.C. §§ 41 et seq.), and all regulations promulgated thereunder.

“Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinol concentration (including tetrahydrocannabinolic acid) of not more than 0.3 percent on a dry weight basis, as defined by 7 U.S.C. § 1639o, as amended by the 2025 Hemp Amendments.

“Products” means the hemp seeds and related items offered for sale through the Site.

“Total THC” means the aggregate concentration of all tetrahydrocannabinol compounds, including, without limitation, delta-9 THC, delta-8 THC, delta-10 THC, tetrahydrocannabinolic acid (THCA), and any other THC isomers or analogues, as measured on a dry weight basis in accordance with Applicable Law.

2. PRODUCTS; REGULATORY COMPLIANCE

(a) Product Description

The Products offered on this Site are hemp seeds intended for novelty collection, genetic preservation, and lawful agricultural purposes. All Products sold through the Site are represented to contain no more than 0.3% Total THC on a dry weight basis in compliance with federal law.

(b) 2025 Hemp Amendments; Compliance with P.L. 119-37

User acknowledges and agrees that, effective November 12, 2026, the federal definition of “hemp” has been amended by P.L. 119-37, Division B, Section 781, to require compliance with a Total THC standard (including THCA) rather than a delta-9 THC-only standard. Under the amended definition: (i) hemp seeds from cannabis genetics that would produce plants exceeding 0.3% Total THC may be reclassified as marijuana under the Controlled Substances Act; (ii) final hemp-derived cannabinoid products may not contain more than 0.4 milligrams of Total THC per container; and (iii) synthetic or non-naturally-occurring cannabinoids are excluded from the definition of hemp.

The Company represents and warrants that, as of the date of each sale, the Products comply with the federal definition of hemp under 7 U.S.C. § 1639o, as amended. The Company reserves the right to discontinue, modify, or reformulate any Product to maintain regulatory compliance.

(c) No Guarantees Regarding Plant Output

The Company makes no representation or warranty, express or implied, regarding the characteristics, yield, potency, or cannabinoid profile of any plant that may be grown from the Products. The User assumes all risk associated with germination, cultivation, and use of any plant material.

(d) Informational Purpose Only

All information presented on the Site and on Product packaging is provided for educational and informational purposes only and is not intended to condone, promote, or facilitate the illegal cultivation, use, or distribution of any controlled substance.

3. ELIGIBILITY; AGE AND JURISDICTIONAL REQUIREMENTS

By accessing the Site or placing an order, you represent and warrant that:

(a) you are at least twenty-one (21) years of age;

(b) you are a legal resident of the United States;

(c) the purchase, possession, and receipt of hemp seeds is lawful in your state, county, municipality, and any other applicable jurisdiction;

(d) you have legal capacity to enter into these Terms and form a binding contract under Applicable Law; and

(e) your use of the Products will comply with all Applicable Law, including, without limitation, federal, state, and local regulations governing hemp seeds.

The Company reserves the right, in its sole discretion, to refuse to sell Products to any person or to cancel any order if the Company reasonably believes that such sale or delivery would violate Applicable Law.

4. ORDERS; PRICING; PAYMENT

(a) Order Acceptance

Your placement of an order through the Site constitutes an offer to purchase, which the Company may accept or reject at its sole discretion. An order is not binding on the Company until it has been confirmed by the Company via email or other written acknowledgment. The Company reserves the right to cancel any order at any time prior to shipment for any reason, including, without limitation, product unavailability, pricing errors, or suspected fraud.

(b) Pricing

All prices displayed on the Site are in U.S. dollars and are subject to change without prior notice. While the Company uses commercially reasonable efforts to ensure the accuracy of pricing information, the Company does not guarantee that prices, product descriptions, or other content on the Site are error-free. In the event of a pricing error, the Company reserves the right to cancel the affected order and issue a full refund of any amounts charged.

(c) Payment

Payment is due in full at the time of order. The Company accepts payment methods as indicated on the Site at the time of checkout. You represent and warrant that all payment information you provide is accurate, current, and complete.

5. SHIPPING AND DELIVERY

(a) Domestic Shipping Only

The Company ships Products exclusively within the United States. The Company does not ship Products internationally. You are solely responsible for ensuring that (i) the delivery address provided at the time of order is accurate and secure, and (ii) it is lawful to accept delivery of the Products at the designated location.

(b) Risk of Loss

Title to, and risk of loss of, all Products passes to you upon the Company’s delivery of the Products to the shipping carrier. The Company is not responsible for any loss, damage, or delay caused by the shipping carrier after the Products have been tendered for delivery.

(c) Tracking

The Company will provide tracking information for each shipment. You may contact the Company at sales@seedjunkygenetics.com or (888) 770-3265 with order-related inquiries within ninety (90) days of purchase.

6. RETURNS, REFUNDS, AND EXCHANGES

Due to the nature of the Products and the regulatory requirements applicable to the sale of hemp seeds, all sales are final. The Company does not offer refunds, returns, or exchanges on any Products, except as required by Applicable Law or in the Company’s sole discretion (e.g., if a confirmed pricing error has occurred or Products are materially non-conforming upon delivery).

Nothing in this Section shall limit your rights under any applicable state consumer protection statute that cannot be waived by contract.

7. INTELLECTUAL PROPERTY

(a) Ownership

All content, materials, trademarks, service marks, trade names, logos, and other intellectual property displayed on or through the Site (collectively, “Company IP”) are the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws. “Seed Junky Genetics,” the Seed Junky Genetics logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use such marks without the Company’s prior written permission.

(b) Limited License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. This license does not include any right to: (i) resell or make any commercial use of the Site or its contents; (ii) reproduce, duplicate, copy, sell, resell, or otherwise exploit any Company IP; (iii) propagate, breed, or resell plants or seeds derived from the Products; or (iv) use any data mining, robots, or similar data-gathering tools on the Site.

(c) Propagation Restriction

You expressly agree that your purchase of Products does not convey any right to propagate, breed, cross-pollinate, create derivative genetics from, or commercially exploit the genetic material contained in the Products. Any unauthorized propagation or resale of plants or seeds derived from the Products shall constitute a material breach of these Terms and may subject you to claims for injunctive relief and damages.

8. PRIVACY AND DATA PROTECTION

(a) Privacy Policy

Your use of the Site is also governed by our Privacy Policy, available at www.seedjunkygenetics.com/privacy-policy, which is hereby incorporated by reference. The Privacy Policy describes how the Company collects, uses, stores, and discloses your personal information.

Effective January 1, 2026, the Company also complies with the California Privacy Protection Agency’s (“CPPA”) finalized regulations regarding: (i) Automated Decision-Making Technology (“ADMT”), including mandatory disclosures where ADMT is used to make decisions that produce legal or similarly significant effects concerning consumers; (ii) cybersecurity audit requirements for businesses whose processing of personal information presents significant risk to consumers’ security; and (iii) risk assessment obligations for processing activities that present significant risk to consumers’ privacy.

(b) CCPA/CPRA Compliance

To the extent that the Company is subject to the California Consumer Privacy Act, as amended by the California Privacy Rights Act (Cal. Civ. Code §§ 1798.100 et seq.), the Company shall comply with all obligations thereunder, including, without limitation:

(i) providing notice at collection regarding categories of personal information collected and the purposes for which such information is used;

(ii) honoring consumer requests to know, delete, correct, and opt out of the sale or sharing of personal information;

(iii) honoring Global Privacy Control (“GPC”) opt-out preference signals as a valid opt-out of sale or sharing; and

(iv) maintaining a “Do Not Sell or Share My Personal Information” link on the Site, as required by Applicable Law.

California residents may exercise their rights under the CCPA/CPRA by contacting the Company at sales@seedjunkygenetics.com or by calling (888) 770-3265. The Company will not discriminate against any consumer for exercising their rights under the CCPA/CPRA.

(c) Marketing Communications

By signing up for the Company’s VIP Newsletter & Alerts, you consent to receive promotional emails and text messages regarding product drops, discounts, and events. Such promotions are of limited duration and availability and are offered on a first-come, first-served basis without warranty. You may unsubscribe from email communications at any time by clicking the “unsubscribe” link in any email. You may opt out of text messages by replying “STOP” to any text message. Message and data rates may apply. The Company’s text messaging practices comply with the Telephone Consumer Protection Act (47 U.S.C. § 227) and applicable FCC regulations.

9. ADA ACCESSIBILITY COMPLIANCE

The Company is committed to ensuring digital accessibility for people with disabilities in accordance with Title III of the Americans with Disabilities Act (42 U.S.C. §§ 12181 et seq.) and applicable state accessibility laws. The Company endeavors to conform the Site to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA, as published by the World Wide Web Consortium (W3C). The Company conducts periodic accessibility audits and remediates identified barriers on a commercially reasonable basis. If you experience any difficulty accessing any part of the Site, please contact us at accessibility@seedjunky.com or by mail at the address set forth in the Notices section below, and we will work to provide the information or service you seek through an alternative communication method that is accessible to you.

10. PROPOSITION 65 WARNING (CALIFORNIA)

WARNING: Cannabis products can expose you to chemicals including marijuana smoke, delta-9 tetrahydrocannabinol (THC), and cannabis smoke, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, visit www.P65Warnings.ca.gov. This warning is provided pursuant to the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code §§ 25249.5 et seq.) (“Proposition 65”). Nothing in this warning is intended to replace or supersede any warning required by Applicable Law on product packaging or labeling.

11. MULTI-STATE PRIVACY COMPLIANCE

In addition to the CCPA/CPRA, the Company complies with all applicable comprehensive state consumer data privacy laws, including, without limitation, the Indiana Consumer Data Protection Act (Ind. Code §§ 24-15-1-1 et seq.), the Kentucky Consumer Data Protection Act (KRS §§ 367.400 et seq.), the Rhode Island Data Transparency and Privacy Protection Act (R.I. Gen. Laws §§ 6-48.1-1 et seq.), the Virginia Consumer Data Protection Act (Va. Code §§ 59.1-575 et seq.), the Colorado Privacy Act (Colo. Rev. Stat. §§ 6-1-1301 et seq.), the Connecticut Data Privacy Act (Conn. Gen. Stat. §§ 42-515 et seq.), and all other comprehensive state privacy laws in effect as of the date hereof (collectively, “State Privacy Laws”). Consumers residing in jurisdictions with State Privacy Laws have the right, subject to applicable exceptions, to: (i) access their personal data; (ii) correct inaccuracies in their personal data; (iii) delete their personal data; (iv) obtain a portable copy of their personal data; and (v) opt out of the processing of their personal data for purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects. To exercise these rights, please visit our dedicated Privacy Rights Request page at [URL] or contact us at privacy@seedjunky.com. The Company shall respond to verified consumer requests within the timeframes required by the applicable State Privacy Law.

12. DISCLAIMERS AND WARRANTIES

THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (A) THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT; (C) THE PRODUCTS WILL MEET YOUR SPECIFIC REQUIREMENTS; OR (D) ANY SEEDS WILL GERMINATE, GROW, OR PRODUCE PLANTS OF ANY PARTICULAR QUALITY, YIELD, OR CANNABINOID PROFILE.

THE STATEMENTS MADE REGARDING THE PRODUCTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR PRODUCTS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY FOR PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your access to or use of the Site or Products; (b) your violation of these Terms; (c) your violation of any Applicable Law; (d) your violation of any third-party rights, including, without limitation, intellectual property rights; or (e) any claim that your use of the Products caused damage or harm to a third party. This indemnification obligation shall survive the termination of these Terms and your use of the Site.

15. GOVERNING LAW

These Terms and any disputes arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law principles. Notwithstanding the foregoing, the Federal Arbitration Act (9 U.S.C. §§ 1–16) shall govern the interpretation and enforcement of the arbitration provisions in Section 17.

16. COMPLIANCE WITH LAWS; DRUG POLICY

The Company sells lawful hemp seed Products in compliance with federal and state law. The Company does not encourage, facilitate, or condone the illegal cultivation, use, supply, or production of marijuana, controlled substances, or any product in violation of Applicable Law. All information on the Site is provided for educational and informational purposes only.

You acknowledge that the legal status of hemp seeds varies by jurisdiction and that you are solely responsible for determining and complying with all Applicable Law governing the purchase, possession, transport, and use of hemp seeds in your jurisdiction. The Company will, in its sole discretion, refuse to sell Products to any person if the Company has reason to believe that such sale would violate Applicable Law.

17. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

(a) Informal Resolution

Prior to initiating any formal dispute resolution proceeding, the parties shall attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms (each, a “Dispute”) informally by contacting the Company at sales@seedjunkygenetics.com. You agree to provide a written description of the Dispute, including all relevant documents and information, and to allow the Company thirty (30) days to attempt resolution.

(b) Binding Arbitration

If a Dispute cannot be resolved informally within thirty (30) days, either party may initiate binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures then in effect, or, if JAMS is unavailable, the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Los Angeles County, California (or, at your election, the county of your principal residence) or via videoconference. The arbitrator shall apply California substantive law and the Federal Arbitration Act. The arbitrator’s award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) Class Action Waiver

YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If, for any reason, a Dispute proceeds in court rather than arbitration, you and the Company each waive any right to a jury trial. If a court of competent jurisdiction determines that the class action waiver in this Section is unenforceable, then this entire arbitration provision shall be deemed null and void (but the remaining provisions of these Terms shall remain in full force and effect).

(d) Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of such court. Nothing in this Section shall prevent the Company from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of the Company’s intellectual property rights.

(e) Opt-Out Right

You may opt out of the arbitration and class action waiver provisions of this Section by sending a written notice to the Company at sales@seedjunkygenetics.com within thirty (30) days of the date you first accept these Terms. Your opt-out notice must include your full name, mailing address, and a clear statement that you wish to opt out of the arbitration provision. If you timely opt out, neither party shall be bound by this Section, and any Dispute shall be resolved in the courts of Los Angeles County, California.

18. GENERAL PROVISIONS

(a) Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and the Company concerning the subject matter hereof and supersede all prior or contemporaneous communications, whether electronic, oral, or written.

(b) Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed, and the remaining provisions shall continue in full force and effect.

(c) Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by the Company.

(d) Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without the Company’s prior written consent. The Company may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

(e) Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms arising out of causes beyond its reasonable control, including, without limitation, acts of God, natural disasters, pandemics, war, terrorism, government actions, shipping carrier delays, or disruptions to supply chains.

(f) Notices

The Company may provide notice to you by email, posting on the Site, or regular mail. You may contact the Company at:

Seed Junky Genetics

Email: sales@seedjunkygenetics.com

Phone: (888) 770-3265

(g) Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

(h) Amendments

The Company reserves the right to modify these Terms at any time by posting the amended Terms on the Site. Your continued use of the Site after the posting of amended Terms constitutes your acceptance of the amended Terms. The Company will use commercially reasonable efforts to provide advance notice of material changes (e.g., via email or a prominent notice on the Site).

19. ELECTRONIC COMMUNICATIONS CONSENT

By using the Site, you consent to receive communications from the Company electronically, including, without limitation, emails, text messages, and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing.