Terms of service

TERMS AND CONDITIONS

MYSELVA ETAILING LLC (doing business as Kith Garden)

Last Updated: June 26, 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A MASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 25.

PLEASE REVIEW SECTIONS 21 THROUGH 26 CAREFULLY.

1. ACCEPTANCE OF TERMS

These Terms and Conditions ("Terms") are entered into by and between you and MYSELVA ETAILING LLC, a New Mexico limited liability company doing business as Kith Garden ("Company," "Kith Garden," "we," "our," or "us").

These Terms govern your access to and use of:

  • kithgarden.com;
  • Any related websites, checkout funnels, landing pages, subdomains, mobile applications, and services;
  • Any purchases of products offered through the foregoing (collectively, the "Website");
  • Any seeds, gardening supplies, digital content, or subscription services offered by the Company ("Products").

By accessing or using the Website, creating an account, enrolling in a subscription, clicking "I agree," or purchasing any Product, you:

  • Represent that you are at least eighteen (18) years old;
  • Represent that you have legal capacity to enter a binding agreement;
  • Agree to be bound by these Terms in their entirety.

If you do not agree, you must not access or use the Website.

1.1 Electronic Assent; Clickwrap

Where presented, you will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging your agreement to these Terms before completing certain transactions.

Your affirmative action constitutes legally binding electronic consent.

1.2 Modifications to Terms

We may revise these Terms at any time in our sole discretion.

If changes are material, we will provide reasonable notice, which may include:

  • Email notification;
  • Account notification;
  • Website banner notice.

Continued use of the Website after changes become effective constitutes acceptance. Material changes will not apply retroactively to disputes that arose before the effective date of the change.

2. ACCESS TO WEBSITE

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Website solely for personal, non-commercial use.

We reserve the right to:

  • Modify or discontinue any part of the Website;
  • Restrict or terminate access;
  • Refuse service to any user.

We are not liable if the Website becomes unavailable.

3. ACCOUNT SECURITY

If you create an account:

  • You must provide accurate and current information;
  • You are responsible for maintaining confidentiality of login credentials;
  • You must notify us immediately of unauthorized access.

We may disable accounts at our discretion for violations of these Terms.

4. PROHIBITED USES

You agree not to:

  • Violate any applicable law;
  • Scrape, crawl, or use automated means to access the Website;
  • Interfere with Website security;
  • Upload malicious code;
  • Engage in fraudulent or deceptive conduct;
  • Impersonate any person or entity;
  • Attempt unauthorized access to systems or data;
  • Purchase Products for unauthorized commercial resale or redistribution.

We reserve the right to investigate and pursue violations to the fullest extent permitted by law.

5. INTELLECTUAL PROPERTY

All Website content, including text, images, graphics, trademarks, logos, software, and design elements, is owned by or licensed to the Company.

You may not reproduce, distribute, modify, or exploit Website content without prior written consent.

No rights are granted except as expressly provided herein.

5.1 Digital Content License

Certain Products include or consist of digital content, including the Beginner's Planting Guide, the Garden Planner, and other guides, planners, videos, or downloadable materials ("Digital Content").

Digital Content is licensed, not sold. Upon purchase or delivery, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use Digital Content for your own personal, non-commercial use.

You may not copy (other than for personal backup), share, sell, resell, distribute, publicly post, sublicense, or create derivative works from Digital Content without our prior written consent.

Digital Content is delivered electronically, typically by email, and is deemed delivered when sent to the email address you provided.

6. PRODUCT INFORMATION; GROWING RESULTS; SEED DISCLOSURES

6.1 Intended Use

Our seed Products are sold for home gardening and planting purposes only. Seeds are not intended for human or animal consumption, including sprouting, or for any use other than planting.

6.2 No Guarantee of Germination, Growth, or Yield

Germination rates and growing results depend on many factors outside our control, including soil conditions, climate, weather, water, light, temperature, planting depth and timing, pests, disease, storage conditions after delivery, and the skill and care of the gardener.

We take care in sourcing, packaging, and storing our seeds. However, WE DO NOT GUARANTEE ANY PARTICULAR GERMINATION RATE, PLANT GROWTH, HARVEST, YIELD, OR RESULT.

6.3 Seed Counts, Varieties, and Substitutions

Seed quantities stated on the Website, on packaging, or in marketing materials (including total seed counts for a kit) are approximate. Seed counts are estimated based on seed weight and average seed size and vary by variety and seed lot.

Variety descriptions, including characteristics such as "heirloom," "open-pollinated," "non-hybrid," and "non-GMO," are based on information provided by our growers and suppliers and on customary usage of those terms within the seed industry.

If a listed variety becomes unavailable due to crop failure, supply shortage, regulatory restriction, or quality concerns, we reserve the right to substitute a comparable variety of the same crop type. The specific varieties included in a kit may change from time to time.

6.4 Seed Storage and Shelf Life

Seed longevity depends on how seeds are stored after delivery. Any statements regarding storage life or shelf life are estimates based on proper storage in a cool, dry, dark environment and are not guarantees. Exposure to heat, humidity, moisture, light, or pests will shorten seed life.

You are responsible for storing Products appropriately after delivery.

6.5 Emergency Preparedness; No Guarantee of Food Supply

Some Products are marketed for long-term storage and emergency preparedness. Products are not a substitute for a comprehensive emergency plan and are not a guaranteed source of food.

The quantity and quality of any food produced from Products depends on the factors described in Section 6.2, as well as available growing space, season length, and time. We make no representation that Products will feed any particular number of people or produce any particular quantity of food.

6.6 Informational Content; No Professional Advice

All information provided on or through the Website and in Digital Content, including planting guides, planners, growing tips, variety descriptions, storage recommendations, blog posts, testimonials, and other educational materials, is for general informational and educational purposes only.

Such information does not constitute horticultural, agricultural, medical, nutritional, legal, or other professional advice. Growing conditions vary by location; you should consult local resources, such as your state's cooperative extension service, for guidance specific to your area.

Statements regarding the nutritional content, health benefits, or medicinal properties of any plant have not been evaluated by the United States Food and Drug Administration. Products are not intended to diagnose, treat, cure, or prevent any disease.

6.7 Testimonials and Results Disclosure

Any testimonials, reviews, photographs, or results shared on the Website reflect the individual experience of the person providing them. Individual results vary and are not typical. We do not represent that you will achieve similar results.

Where a testimonial provider has received compensation, free product, or any other material benefit in connection with their statement, that relationship will be disclosed in accordance with applicable Federal Trade Commission guidance.

6.8 Reliance Disclaimer

Any reliance you place on information presented on or through the Website is strictly at your own risk.

The Company disclaims all liability and responsibility arising from:

  • Any reliance placed on Website materials by you or any other visitor;
  • Any interpretation of product descriptions, planting guidance, or educational content;
  • Any third-party materials or testimonials appearing on the Website.

The Website may include content provided by third parties. Such content reflects the opinions of the individual author and does not necessarily reflect the Company's views.

6.9 Legal Compliance; Restricted Jurisdictions

You are responsible for complying with all federal, state, and local laws and regulations applicable to the purchase, possession, import, and cultivation of seeds and plants in your location, including any restrictions on particular species or varieties.

We may decline to ship any Product to any jurisdiction where its sale or shipment is restricted.

7. COMMUNICATIONS; ELECTRONIC CONSENT

By using the Website, creating an account, or making a purchase, you consent to receive electronic communications from us, including:

  • Order confirmations;
  • Shipping notifications;
  • Digital Content delivery;
  • Subscription reminders;
  • Customer service communications;
  • Marketing communications (if opted in).

You may opt out of marketing emails by using the unsubscribe link in such communications. Opting out of marketing communications does not affect transactional communications relating to your orders or subscriptions.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

8. PRIVACY

8.1 Privacy Policy

All information we collect is subject to our Privacy Policy.

By using the Website, you consent to all actions taken by us with respect to your information consistent with our Privacy Policy.

8.2 Cookies and Tracking Technologies

Our Website uses cookies, pixels, and similar tracking technologies operated by us and third parties to enhance user experience, analyze Website performance, personalize content, and support advertising and marketing activities.

Information collected through these technologies may be shared with analytics, advertising, and social media partners consistent with our Privacy Policy.

For more information regarding our use of cookies and tracking technologies, please review our Privacy Policy.

9. PAYMENTS AND BILLING

9.1 Orders as Offers

An order submitted by you constitutes an offer to purchase Products. All orders are subject to acceptance by the Company.

We reserve the right to refuse or cancel any order at our discretion, including for suspected fraud, pricing errors, or product unavailability.

Prices are listed in U.S. dollars and are subject to change without notice.

9.2 Payment Authorization

By providing a payment method, you represent and warrant that:

  • You are authorized to use the payment method;
  • All payment information provided is accurate and current.

You authorize the Company to charge your payment method for:

  • Products purchased;
  • Subscription renewals;
  • Shipping charges;
  • Applicable taxes;
  • Any other disclosed fees.

If payment is declined, we may suspend or cancel your order.

9.3 Third-Party Payment Processors

Payments may be processed through third-party providers. Your use of such providers is subject to their terms and privacy policies.

The Company is not responsible for payment processor errors.

9.4 Promotions, Bundles, and Bonus Items

Promotional pricing, multi-pack bundle offers (such as "Buy 2, Get 1 Free"), discount codes, and bonus items are subject to the terms stated at the time of the offer.

Unless expressly stated otherwise, offers may not be combined and may be modified, limited, or withdrawn at any time without notice.

Bonus or free items have no cash value, are not eligible for separate refund, and may be substituted with items of comparable value if unavailable.

10. SHIPPING; TITLE; RISK OF LOSS

Products are shipped via third-party carriers.

Unless otherwise required by law, title and risk of loss transfer to you upon delivery to the carrier.

Carrier delivery confirmation shall be deemed conclusive proof of delivery to the address provided by you, even without a signature. You agree that such confirmation constitutes sufficient evidence of delivery for purposes of resolving disputes, including chargebacks or claims of non-delivery.

We are not responsible for delays caused by:

  • Carriers;
  • Weather;
  • Customs or agricultural inspection;
  • Incorrect shipping information provided by you.

10.1 International Orders; Agricultural Import Regulations

International shipments of seeds are subject to the import regulations of the destination country, which may require phytosanitary certificates, import permits, or other documentation, and which may prohibit certain seeds entirely.

If you order Products for delivery outside the United States, you are solely responsible for determining whether the Products may lawfully be imported into the destination country, for obtaining any required documentation, and for paying all customs duties, import taxes, brokerage fees, and related charges.

We are not responsible for, and are not obligated to refund, Products that are delayed, inspected, seized, destroyed, returned, or refused by customs or agricultural authorities.

11. AVAILABILITY; ERRORS; INACCURACIES

We may update product information, pricing, or availability at any time without prior notice.

The Website may contain typographical errors or inaccuracies.

We reserve the right to correct errors and cancel orders affected by pricing or description inaccuracies. If we cancel an order that has already been charged, we will issue a full refund to the original payment method.

12. FORCE MAJEURE

The Company shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond the Company's reasonable control, including but not limited to:

  • Acts of God;
  • Natural disasters;
  • Crop failures, seed shortages, or adverse growing conditions;
  • Pandemic or public health emergencies;
  • Labor disputes;
  • Supply chain disruptions;
  • Governmental actions;
  • War or terrorism;
  • Internet service failures;
  • Payment processor outages;
  • Carrier delays.

Performance shall be excused for the duration of such event.

13. RETURNS; 90-DAY MONEY-BACK GUARANTEE

13.1 Guarantee

Eligible Products, including the Heirloom Seed Vault Kit, are covered by a ninety (90) day money-back guarantee.

If you are not satisfied with an eligible Product for any reason, you may request a refund of the purchase price within ninety (90) days of the date of delivery, as confirmed by the carrier.

13.2 How to Request a Refund

To request a refund, contact us at contact@kithgarden.com, or call us at +1 (336) 343-6693, with your order number and the reason for your request. We may request additional information to verify your purchase.

13.3 Refund Terms

  • Refunds are issued to the original payment method. Processing times vary by payment provider.
  • Original shipping charges, if any, are non-refundable unless the refund is due to our error or as required by law.
  • We may, at our discretion, require that Products be returned before a refund is issued. If a return is required, we will provide return instructions. Return shipping costs are your responsibility unless the return is due to our error.
  • For multi-pack bundles and promotional offers, refunds are based on the price actually paid for the order. Bonus or free items have no cash value and are not separately refundable.
  • Digital Content sold separately is non-refundable once delivered, except as required by law.

13.4 Limitations

The guarantee applies to purchases made directly through the Website. It does not apply to Products purchased from third-party sellers or unauthorized resellers.

Products not designated as eligible for the guarantee are subject to the return terms stated on the applicable product page and in our Refund Policy.

We reserve the right to deny a refund or limit future purchases where we reasonably believe the guarantee is being abused, including through repeated or excessive refund requests.

13.5 Refund Policy

Our Refund Policy, posted on the Website and incorporated by reference, provides additional detail regarding returns and refunds.

14. SUBSCRIPTIONS; AUTOMATIC RENEWAL; CANCELLATION

14.1 Subscription Services

The Website may offer recurring purchase options ("Subscription Services") that provide automatic recurring shipments of Products (including the Heirloom Seed Vault Kit and other seed, accessory, or consumable Products) and/or recurring access to membership benefits, at the billing interval you select at checkout.

Billing intervals may include monthly, seasonal (approximately every three months), annual, or other intervals displayed at checkout.

This Section applies to every recurring purchase option offered by the Company, regardless of how it is named or marketed, including any plan described as a membership, society, club, seasonal plan, rotation plan, or family coverage plan.

If you enroll in a Subscription Service, you agree that:

  • Your subscription includes recurring payment obligations;
  • The Company is authorized to charge your payment method automatically at the selected billing interval;
  • Shipments or benefits will continue until cancelled in accordance with these Terms.

14.2 Clear and Conspicuous Disclosure; Affirmative Consent

At the time of enrollment, and immediately adjacent to the mechanism used to complete your purchase, the recurring billing terms will be presented in a clear and conspicuous manner prior to completion of your purchase, including:

  • The fact that charges will recur automatically;
  • The billing frequency and the date of the first recurring charge;
  • The amount to be charged, and the amount of any subsequent charge if it differs;
  • The minimum purchase obligation, if any;
  • The cancellation policy and the method of cancellation.

You will be required to take an affirmative action (such as checking an unchecked box or clicking a clearly labeled button) acknowledging the recurring nature of the subscription and the cancellation terms before completing your purchase. Consent to the Subscription Service is obtained separately from any other portion of the transaction.

Your affirmative action constitutes express informed consent to recurring charges.

14.3 Enrollment Acknowledgment

After you enroll, we will send an acknowledgment to the email address you provided that includes the subscription terms, the amount and frequency of charges, the cancellation policy, and instructions for how to cancel. Where the enrollment includes a free trial or promotional period, the acknowledgment will state the date the promotional period ends and the amount that will then be charged. Please retain this acknowledgment for your records.

14.4 Automatic Renewal

UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE THEN-CURRENT RATE AND AT THE SAME BILLING INTERVAL YOU SELECTED AT CHECKOUT.

We will send renewal reminders where required by applicable law, including for subscriptions with a term of one year or longer and for subscriptions that follow a free trial or promotional period. Except where required by applicable law, you will not receive an additional reminder prior to each renewal, and failure to receive a reminder does not relieve you of the obligation to cancel in accordance with these Terms to avoid a charge.

14.5 Subscription Pricing; Discounts; Price Changes

The price of each shipment or billing cycle, including any discount applied to subscription orders, is the price displayed at checkout. Where indicated at checkout, the first shipment may be charged at the standard one-time price, with any subscription discount applied beginning with the second shipment.

Subscription discounts apply only while you remain enrolled and are not available on one-time purchases. Applicable shipping charges and taxes are added to each billing cycle.

If we change the price of your Subscription Service, we will provide clear and conspicuous advance notice, and not less than the notice period required by applicable law, before the new price takes effect. You may cancel before that date to avoid the new price.

14.6 Prepaid Plans

Some Subscription Services may be offered as prepaid plans, in which a set number of shipments or a set membership term is billed in a single upfront charge.

Unless identified at checkout as a non-renewing plan, a prepaid plan will automatically renew for an additional term of the same length at the then-current rate unless you cancel before the renewal date. Renewal terms are disclosed at checkout and in your enrollment acknowledgment.

Cancelling a prepaid plan stops future renewals. Shipments or benefits remaining in the current prepaid term will continue to be delivered, and the unused portion of a prepaid term is not refundable except as required by law or as provided in our Refund Policy.

14.7 Free Trials and Promotional Periods

If a Subscription Service begins with a free trial, introductory price, or other promotional period, you will be charged the standard recurring price at the end of that period unless you cancel before it ends. The length of the promotional period, the date it ends, the standard price that will then apply, and the method of cancellation will be disclosed to you clearly and conspicuously at enrollment and in your enrollment acknowledgment.

14.8 Shipment Contents; Seasonal Variation; Shipping Addresses

The contents of subscription shipments may vary by season and availability and are subject to the variety substitution terms in Section 6.3.

You may update the shipping address for future shipments through your account. Where the option is available, you may designate a different shipping address for an individual shipment, including delivery to a family member or another household. You are responsible for keeping your shipping and payment information current. Shipments sent to the address on file at the time the shipment is processed are subject to Section 10.

14.9 Skipping, Pausing, and Changing Your Subscription

Where the option is available through your account, you may skip a shipment, pause your subscription, swap Products, or change your billing interval or shipping address.

To apply to an upcoming billing cycle, any such change must be completed at least twenty-four (24) hours before your next billing date. Changes made after that time will take effect the following cycle.

14.10 How to Cancel

You may cancel your Subscription Service at any time.

To avoid the next scheduled charge, cancellation must be completed at least twenty-four (24) hours before your next billing date.

Cancellation is available through the same medium you used to enroll and requires no more steps than enrollment required. You may cancel through any of the following methods:

  • Logging into your account and using the clearly labeled cancellation link, which is accessible from your account dashboard without navigating unrelated offers or retention screens;
  • Emailing contact@kithgarden.com from the email address associated with your order;
  • Using the third-party subscription management portal identified at checkout or in your order confirmation, if applicable;
  • Following the cancellation link included in your enrollment acknowledgment and renewal reminder emails;
  • Calling us at +1 (336) 343-6693 during normal business hours, if you prefer to cancel by telephone.

Telephone cancellation is offered as a convenience only. You are never required to call in order to cancel, and we will not require you to call a live representative to cancel, and we will not impose additional steps that unreasonably delay or obstruct cancellation. If we present any offer, modification, or reason to retain your subscription during the cancellation process, you may decline it and proceed directly to cancellation.

Cancellation requests submitted through the automated account portal are effective upon submitting your confirmation and seeing the "Subscription Canceled" page. Cancellation requests submitted via email may require additional time to process as it is not an automated system; as such, they are effective upon your receipt of a cancellation confirmation from the Company. We will process email cancellation requests promptly and, in any event, within the time required by applicable law.

14.11 Effect of Cancellation

After cancellation:

  • No future recurring charges will be made;
  • No additional shipments will be sent after the current billing cycle, except for any shipment that was billed before your cancellation became effective, which will ship as scheduled;
  • Any subscription-only pricing, discount, or membership benefit ends at the close of the current billing cycle.

Subscription shipments may be returned in accordance with Section 13 and our Refund Policy, to the extent eligible.

14.12 Account Updater Disclosure

We may use an automatic account updater service provided by our payment processor. This service may update your stored payment information (for example, card number or expiration date) if your card issuer provides updated information or you update your payment details.

If your payment information is updated, you authorize us to charge the updated payment method.

If you do not wish to have your payment information automatically updated, you must remove your stored payment method or cancel your subscription.

14.13 Failed Payments; Reaffirmation of Authorization

If a recurring charge fails, you authorize us to:

  • Retry the charge;
  • Contact you for updated payment information;
  • Suspend shipments until payment is received.

Your continued enrollment in a Subscription Service constitutes reaffirmation of your authorization to charge your payment method.

Unpaid balances may be referred for collection where permitted by law.

14.14 Compliance With Automatic Renewal Laws

We intend that our Subscription Services comply with all applicable federal and state automatic renewal and negative option laws, including the Federal Trade Commission's rules governing negative option marketing, the Restore Online Shoppers' Confidence Act, the California Automatic Renewal Law (Cal. Bus. & Prof. Code sections 17600 et seq.), New York General Business Law section 527-a, and comparable statutes in other states.

Where any provision of this Section conflicts with a mandatory requirement of the law applicable to you as a consumer in your state of residence, that law controls, and the remainder of this Section continues to apply.

15. SMS / MOBILE MESSAGING PROGRAM

The Company may offer a mobile messaging program ("Program").

By opting into the Program, you agree to receive recurring marketing and transactional text messages from or on behalf of the Company at the mobile number you provided.

15.1 Consent to Receive Messages

By opting in, you:

  • Expressly consent to receive autodialed or prerecorded marketing messages from the Company;
  • Acknowledge that consent is not a condition of purchase;
  • Understand that message frequency varies;
  • Agree that message and data rates may apply.

Consent to the Program is obtained separately and specifically for the Company. It is collected through a dedicated, unchecked opt-in mechanism that identifies the Company by name, and it is not bundled with your agreement to these Terms, with account creation, or with the completion of a purchase. We do not treat consent given to the Company as consent for any other seller or marketing partner, and we do not sell or transfer your consent to third parties for their own marketing purposes.

15.2 Opt-Out Procedure

You may opt out at any time by replying:

  • STOP
  • END
  • CANCEL
  • UNSUBSCRIBE
  • QUIT

You may receive a confirmation message. We will honor any other reasonable expression of your desire to opt out, including a request sent to contact@kithgarden.com.

15.3 Help

For help with the Program, reply HELP, contact us at contact@kithgarden.com, or call us at +1 (336) 343-6693.

15.4 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages.

Delivery is subject to effective transmission by your wireless provider.

15.5 Age Restriction

You may not participate in the Program if you are under thirteen (13) years of age.

If you are between thirteen (13) and eighteen (18), you must have parental consent.

15.6 Florida Telemarketing Compliance

To the extent applicable, we endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act. For compliance purposes, you agree that we may assume you are a Florida resident if, at the time of opt-in to the Program, (i) your shipping address is located in Florida, or (ii) the area code for the phone number used to opt into the Program is a Florida area code.

If you are a Florida resident, you agree that mobile messages sent by us in direct response to your requests (including opt-in confirmations, shipping notifications, help requests, or stop requests) do not constitute a "telephonic sales call" under Florida law.

If you are not a Florida resident, you agree not to assert claims under the Florida Telemarketing Act or Florida Do Not Call Act.

15.7 Program Description; Message Frequency

Users who opt into the Program may receive recurring marketing and transactional messages, including but not limited to promotions, product announcements, planting reminders, checkout reminders, order confirmations, shipping notifications, and customer service communications.

Message frequency varies and may be influenced by your interactions with us. Additional mobile messages may be sent periodically based on your purchases, account activity, or engagement with the Website.

16. USER CONTENT

The Website may allow users to post reviews, testimonials, photos, comments, or other content ("User Content").

By submitting User Content, you grant the Company a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, publicly display, and create derivative works from such content for business and marketing purposes.

You represent and warrant that:

  • You own or control all rights in the User Content;
  • The content does not violate third-party rights;
  • The content is truthful and not misleading, and reflects your honest opinion and actual experience.

16.1 Monitoring and Enforcement

We reserve the right, but not the obligation, to:

  • Remove or refuse to post User Content;
  • Take action if content violates these Terms;
  • Terminate or suspend user access.

We do not suppress, remove, or refuse to publish reviews on the basis that they are negative, and we do not condition any benefit on the submission or removal of a favorable review. We may remove User Content that is unlawful, off-topic, fraudulent, abusive, or otherwise in violation of these Terms.

16.2 Law Enforcement Cooperation

We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user posting materials on or using the Website.

You agree that the Company may disclose information about you if required by law, court order, subpoena, or governmental request.

You waive and hold harmless the Company and its affiliates from any claims arising from such disclosures made in good faith compliance with legal obligations.

17. DISCLAIMERS

THE WEBSITE, PRODUCTS, AND ALL CONTENT PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • NON-INFRINGEMENT;
  • TITLE;
  • ACCURACY;
  • RELIABILITY;
  • AVAILABILITY.

The Company does not warrant that:

  • The Website will be uninterrupted or error-free;
  • Defects will be corrected;
  • The Website or servers are free of viruses or harmful components;
  • Products will meet your expectations.

Some jurisdictions do not allow certain disclaimers; in such cases, the disclaimers shall apply to the fullest extent permitted by law, and nothing in these Terms limits any non-waivable warranty or right you have under applicable law.

17.1 Limited Seed Warranty; Exclusive Remedy

To the extent required by applicable seed laws, the Company warrants that seeds sold conform to the description on the label within recognized tolerances.

THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT WARRANT THAT SEEDS WILL GERMINATE, THAT PLANTS WILL GROW, OR THAT ANY PARTICULAR YIELD, HARVEST, OR RESULT WILL BE ACHIEVED.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO SEEDS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO REPLACEMENT OF THE SEEDS OR REFUND OF THE PURCHASE PRICE PAID, AT THE COMPANY'S ELECTION. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OF CROPS OR PRODUCE, OR FOR COSTS OF LABOR, SUPPLIES, OR LAND PREPARATION.

This Section does not limit or modify the 90-day money-back guarantee described in Section 13, which is offered in addition to any remedy required by law.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO:

  • THESE TERMS;
  • YOUR USE OR INABILITY TO USE THE WEBSITE;
  • ANY PRODUCT PURCHASE;
  • ANY PLANTING, GROWING, STORAGE, OR HARVEST OUTCOME;
  • ANY SUBSCRIPTION SERVICE;
  • ANY ADVERTISING OR MARKETING PRACTICES.

THIS APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

18.1 Cap on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS (US $100.00).

THIS AMOUNT SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

18.2 Exceptions

Nothing in this Section limits liability for death or personal injury caused by the Company's negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

18.3 Allocation of Risk

You acknowledge that the pricing of Products reflects the allocation of risk set forth in this Section and that the Company would not enter into these Terms without these limitations.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, service providers, officers, directors, employees, contractors, agents, and successors from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms;
  • Your misuse of the Website or Products;
  • Your violation of any law;
  • Your violation of any third-party rights.

The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification.

20. LIMITATION ON TIME TO FILE CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, ANY PRODUCT, OR ANY SUBSCRIPTION SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES.

IF NOT COMMENCED WITHIN THAT PERIOD, THE CLAIM IS PERMANENTLY BARRED.

This provision applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, except to the extent prohibited by applicable law. This limitation does not apply to residents of any state whose law prohibits the contractual shortening of a statutory limitations period.

21. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND THE COMPANY AGREE TO RESOLVE ALL DISPUTES EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION.

21.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, controversy, or cause of action arising out of or relating to:

  • These Terms;
  • The Website;
  • Any Product;
  • Any subscription or automatic renewal;
  • Any advertising or marketing practices;
  • Any alleged misrepresentation;

(collectively, "Dispute")

shall be resolved exclusively through binding, confidential arbitration on an individual basis.

The term "Dispute" shall be interpreted broadly.

21.2 Federal Arbitration Act

These Terms evidence a transaction in interstate commerce.

The Federal Arbitration Act (9 U.S.C. section 1 et seq.) governs the interpretation, enforcement, and proceedings under this arbitration agreement.

The arbitrator shall decide all threshold issues of arbitrability, including:

  • Scope;
  • Validity;
  • Enforceability.

21.3 Mandatory Pre-Arbitration Notice

Before initiating arbitration, the initiating party must send a written Notice of Dispute including:

  • Full name;
  • Mailing address;
  • Email associated with account;
  • Description of claim;
  • Specific relief sought.

If you initiate the Dispute, notice must be sent by certified mail to:

MYSELVA ETAILING LLC Attn: Legal Department 1209 Mountain Road PL NE, STE R Albuquerque, NM 87110 United States

You may also send a courtesy copy by email to contact@kithgarden.com, which does not replace the certified mail requirement.

If the Company initiates the Dispute, notice will be sent to the mailing address and email address associated with your account.

The parties shall engage in good-faith efforts to resolve the Dispute for thirty (30) days before filing arbitration. Either party may request an individualized settlement conference by telephone or videoconference during this period, and both parties will participate in good faith. The statute of limitations and any filing fee deadlines shall be tolled during this thirty (30) day period.

21.4 Reservation of Self-Help Remedies

Nothing in this Section prevents the Company from exercising lawful self-help remedies, including responding to chargebacks, pursuing collection efforts, suspending or terminating accounts, offsetting amounts owed, or enforcing payment obligations as permitted by law.

21.5 Arbitration Procedure

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

If AAA declines administration, the parties shall mutually select a nationally recognized arbitration provider.

If they cannot agree, a court shall appoint the provider.

Arbitration shall be conducted before a single neutral arbitrator.

Unless the parties agree otherwise, arbitration shall take place in the county of your residence, or shall be conducted by telephone, videoconference, or on the basis of written submissions, at your election.

The arbitrator shall be authorized to award all remedies that would be available in an individual action under applicable substantive law, including compensatory damages, statutory damages, punitive damages, declaratory relief, injunctive relief (including public injunctive relief where permitted by law), equitable relief, and attorneys' fees and costs where authorized by statute or contract. The arbitrator may not award relief on a class, representative, or consolidated basis.

The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

21.6 Arbitration Cost Allocation

Payment of filing, administration, and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules.

To the extent required by those rules, the Company will bear arbitration fees in excess of the amount the consumer would be required to pay to file a comparable action in court.

Each party shall bear its own attorneys' fees unless otherwise provided by law.

21.7 Small Claims Exception

Either party may bring an individual action in small claims court, provided the action remains in that court and is brought on an individual, non-class, non-representative basis.

21.8 Equitable and Protective Relief

Notwithstanding the foregoing arbitration requirement, the Company may seek temporary, preliminary, or permanent injunctive or equitable relief in the state or federal courts located in Bernalillo County, New Mexico, for claims involving intellectual property, confidential information, unauthorized resale, fraud, misuse of the Website, or violation of these Terms in a manner that threatens irreparable harm.

You consent to the exclusive jurisdiction and venue of such courts for these limited purposes.

21.9 Public Injunctive Relief

Notwithstanding the foregoing, to the extent applicable law prohibits the waiver of a claim for public injunctive relief, such claim may be brought in a court of competent jurisdiction. However, all other claims seeking monetary, individualized, or non-public injunctive relief shall remain subject to binding arbitration as set forth herein.

22. CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

YOU WAIVE ANY RIGHT TO:

  • PARTICIPATE IN A CLASS ACTION;
  • SERVE AS A CLASS REPRESENTATIVE;
  • ACT AS A PRIVATE ATTORNEY GENERAL;
  • JOIN OR CONSOLIDATE CLAIMS.

The arbitrator has no authority to conduct class proceedings.

23. MASS ACTION WAIVER

No Dispute shall be brought as a "Mass Action."

A "Mass Action" means twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel.

Such claims shall not be consolidated or administered collectively without consent.

23.1 Batching Procedure

If Mass Action conditions are met:

  • Claims shall be grouped in batches of no more than 200 claimants;
  • Only one batch shall proceed at a time;
  • A separate arbitrator shall be appointed per batch.

Statutes of limitation and all applicable filing deadlines shall be tolled for all claimants during batching.

23.2 Special Master

A neutral Special Master may be appointed to resolve procedural disputes regarding Mass Action administration.

23.3 Right to Proceed in Court

If a claimant's arbitration demand has not been assigned to a batch and commenced within eighteen (18) months of the date the demand was filed, that claimant may elect to withdraw the demand and proceed with the claim on an individual basis in a court of competent jurisdiction.

24. JURY TRIAL WAIVER

IF ANY DISPUTE PROCEEDS IN COURT, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL.

25. OPT-OUT RIGHT

You may opt out of the arbitration agreement, the class action waiver, and the mass action waiver within thirty (30) days of first acceptance of these Terms.

To opt out, send a notice including your name, mailing address, the email address associated with your order or account, and a clear statement that you are opting out of arbitration, by either of the following methods:

  • Email: contact@kithgarden.com, with the subject line "Arbitration Opt-Out"; or
  • Mail: MYSELVA ETAILING LLC, Attn: Legal Department, 1209 Mountain Road PL NE, STE R, Albuquerque, NM 87110, United States.

Opting out has no effect on any other provision of these Terms and will not affect your account, your orders, or your relationship with the Company in any way.

26. CLAIM-SPECIFIC SEVERABILITY

If any portion of this arbitration agreement is found unenforceable as to a specific claim:

  • That claim shall proceed in court;
  • All other claims shall remain subject to arbitration.

If the class action waiver in Section 22 is found unenforceable as to any claim seeking class relief, that claim shall proceed in court, and the remainder of the arbitration agreement shall remain in full force as to all other claims.

27. GOVERNING LAW

Except as otherwise provided in Section 21, these Terms shall be governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.

This choice of law does not deprive you of the protection of any mandatory consumer protection provision of the law of the state in which you reside.

28. STATE-SPECIFIC DISCLOSURES

28.1 California Residents

If you are a California resident:

  • In accordance with California Civil Code section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
  • Our Subscription Services are intended to comply with the California Automatic Renewal Law (Cal. Bus. & Prof. Code sections 17600 et seq.), including its requirements for clear and conspicuous disclosure, affirmative consent, acknowledgment, and a cost-effective, timely, and easy-to-use online cancellation mechanism.
  • Nothing in these Terms waives your right to seek public injunctive relief, as described in Section 21.9.
  • Nothing in these Terms limits any right you have under the California Consumer Privacy Act. See our Privacy Policy for details.

28.2 New Jersey Residents

If you are a New Jersey resident, the provisions of these Terms limiting liability, disclaiming warranties, or providing for indemnification apply only to the extent permitted under New Jersey law, and no provision of these Terms is intended to violate the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act.

28.3 Residents of Other States

Certain states restrict or prohibit some of the provisions in these Terms, including limitations on warranties, limitations on liability, shortened limitations periods, and automatic renewal practices. Where a provision of these Terms is prohibited by the law of your state of residence, that provision does not apply to you, and the remainder of these Terms continues in full force.

29. MISCELLANEOUS

These Terms, together with our Privacy Policy, Refund Policy, and any terms presented at the point of purchase, constitute the entire agreement between you and the Company.

No waiver shall be deemed continuing.

If any provision is invalid, the remaining provisions remain in effect.

The Company may assign or transfer these Terms, in whole or in part, without restriction in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

No ambiguity shall be construed against the drafting party.

The provisions regarding dispute resolution, arbitration, class action waiver, mass action waiver, limitation of liability, indemnification, intellectual property, payment obligations, and any other provisions which by their nature should survive termination shall survive termination of these Terms.

Section headings are for convenience only and do not affect interpretation.

CONTACT INFORMATION

MYSELVA ETAILING LLC (d/b/a Kith Garden) 1209 Mountain Road PL NE, STE R Albuquerque, NM 87110 United States

Email: contact@kithgarden.com Phone: +1 (336) 343-6693 Website: kithgarden.com

For customer service, order questions, refund requests, and subscription cancellations, email is the fastest method and is monitored during normal business hours.