Terms of service
TERMS OF SERVICE
Last Updated: May 28, 2026
These Terms of Service (“Terms”) are a binding legal agreement between you and Seeds In A Cup® (a registered trademark and trade name of Kevin Bruce LLC) (“Seeds In A Cup,” “Company,” “we,” “us,” or “our”) governing your access to and use of seedsinacup.com (the “Site”), any related online services, and any products sold, offered, or made available by us (collectively, the “Services” and “Products”).
We sell and ship Products only to addresses located within the United States and its territories. We do not accept international orders and do not ship internationally.
BY ACCESSING OR USING THE SITE, PLACING AN ORDER, PURCHASING A PRODUCT, OPENING PRODUCT PACKAGING, OR OTHERWISE ACCESSING OR USING ANY SERVICE OR PRODUCT, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, DO NOT PLACE AN ORDER, AND DO NOT OPEN OR USE ANY PRODUCT.
These Terms incorporate by reference our Privacy Policy, Return Policy, Shipping Policy (if applicable), and Seed Growth Promise, each as posted on the Site and updated from time to time.
1. ELIGIBILITY
By using the Services or purchasing any Product, you represent and warrant that:
(a) you are at least the age of majority in your jurisdiction of residence and have full legal capacity to enter into a binding agreement; or
(b) you are using the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
You may not use the Services or purchase Products in violation of any applicable law, regulation, restriction, or court order.
2. ORDERS, ORDER ACCEPTANCE, AND U.S.-ONLY SHIPPING
All orders placed through the Site are offers to purchase and are subject to our acceptance or rejection in our sole discretion. We reserve the right, at any time and for any lawful reason, to refuse, limit, reject, cancel, or decline any order, including due to:
- suspected fraud, abuse, chargeback risk, or unauthorized activity;
- pricing, listing, typographical, inventory, or technical errors;
- stock unavailability or fulfillment limitations;
- suspected resale, diversion, export, or regulatory risk;
- suspected violation of federal, state, or local law; or
- any other business, legal, compliance, or operational reason.
We sell and ship Products only to addresses within the United States and its territories. We do not accept international orders, do not ship internationally, and make no representation that any Product is lawful, appropriate, or available outside the United States.
Prices, taxes, shipping charges, and other fees shown at checkout are subject to change before an order is submitted. Once an order is accepted, the charges shown at checkout will apply, except in the event of obvious error.
Title to Products passes to you when we transfer the Product to the shipping carrier. Risk of loss, theft, delay, and damage transfers to you upon delivery of the Product to the carrier, to the maximum extent permitted by law.
By submitting an order, you acknowledge and agree that it is your sole responsibility to determine whether the Product is lawful in your state and local jurisdiction before purchase.
By submitting an order, you acknowledge and agree that it is your sole responsibility to determine whether the Product is lawful in your state and local jurisdiction before purchase.
. RESTRICTED, REGULATED, OR PROHIBITED ITEMS
Certain seeds, plants, planting materials, or kit components may be restricted, regulated, prohibited, or subject to permit, quarantine, labeling, inspection, or movement requirements under federal, state, or local law. Federal law regulates seed shipped in interstate commerce and also authorizes restrictions on the movement of certain plants, plant products, pests, noxious weeds, and similar regulated articles.
YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR KNOWING, UNDERSTANDING, AND COMPLYING WITH ALL FEDERAL, STATE, LOCAL, TERRITORIAL, MUNICIPAL, AND OTHER LAWS, RULES, REGULATIONS, RESTRICTIONS, PERMIT REQUIREMENTS, AND NOTICES APPLICABLE TO YOUR ORDER, PURCHASE, POSSESSION, RECEIPT, TRANSPORT, CULTIVATION, STORAGE, USE, OR DISPOSAL OF ANY PRODUCT.
We do not provide legal advice regarding the laws of your state, county, city, municipality, homeowners’ association, or other jurisdiction, and we do not guarantee that any Product is lawful in your location. By placing an order, you represent, warrant, and agree that:
(a) each Product you order is lawful to purchase, possess, receive, cultivate, store, and use in your jurisdiction;
(b) you have independently researched and confirmed, and will continue to comply with, all applicable laws and restrictions in your jurisdiction before ordering, receiving, planting, storing, transporting, or using any Product; and
(c) you will not order, export, reship, divert, transport, use, or provide any Product in violation of any applicable law or restriction.
We reserve the right to reject, refuse, cancel, hold, or not fulfill any order, before or after acceptance, if we believe in our sole discretion that the order may violate law or regulation, involve a prohibited or restricted item, create shipping, labeling, plant health, pest, invasive species, or noxious weed risk, or otherwise expose us to legal, administrative, reputational, or operational risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY SEIZURE, QUARANTINE, DELAY, REFUSAL OF DELIVERY, CONFISCATION, PENALTY, FINE, LOSS, DAMAGE, COST, OR LEGAL OR ADMINISTRATIVE CONSEQUENCE ARISING FROM YOUR FAILURE TO KNOW, UNDERSTAND, OR COMPLY WITH APPLICABLE LAWS OR RESTRICTIONS, OR FROM YOUR ORDER, POSSESSION, RECEIPT, TRANSPORT, CULTIVATION, STORAGE, OR USE OF ANY PRODUCT IN ANY RESTRICTED OR NONCOMPLIANT JURISDICTION OR MANNER.
4. PRODUCT USE, SAFETY, AND ASSUMPTION OF RISK
Products are offered solely for lawful horticultural, gardening, educational, decorative, and related intended uses. Unless expressly labeled by us as edible after proper cultivation and use, Products, including raw seeds, growing media, soil components, fertilizers, pods, packaging, labels, and kit contents, are not intended for human or animal consumption.
Products may contain:
- small parts or detachable components that may present a choking hazard;
- biological, botanical, mineral, or chemical materials that may cause irritation, allergic reaction, illness, property damage, or other harm if misused;
- materials that may be unsafe for infants, children, pets, or certain individuals if not properly stored and handled.
Adult supervision is required whenever Products are used by or around children. Products are not toys and are not intended for unsupervised use by children. You are solely responsible for safe storage, safe handling, lawful use, and keeping Products out of reach of children and pets.
By purchasing, opening, or using any Product, you knowingly and voluntarily assume all risks associated with the Product, including risks arising from planting, non-germination, mold, mildew, pests, spoilage, contamination, misuse, improper care, improper storage, unintended ingestion, allergic reaction, or any use inconsistent with instructions, labeling, or ordinary horticultural practices.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND AGREE NOT TO HOLD LIABLE SEEDS IN A CUP, KEVIN BRUCE LLC, OR ANY OF OUR AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS FOR ANY ILLNESS, INJURY, ALLERGIC REACTION, LOSS, CLAIM, DAMAGE, OR HARM ARISING OUT OF OR RELATED TO THE HANDLING, STORAGE, OPENING, USE, MISUSE, CULTIVATION, INGESTION, OR DISPOSAL OF ANY PRODUCT, EXCEPT TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
5. PRICES, PRODUCT INFORMATION, AND AVAILABILITY
We attempt to describe Products as accurately as reasonably possible, but we do not warrant that Product descriptions, photos, graphics, colors, availability information, stock notices, instructions, specifications, or other content on the Site are complete, current, accurate, reliable, error-free, or suitable for your particular purpose.
We reserve the right to:
- modify or discontinue any Product or Service at any time;
- limit quantities;
- substitute packaging or non-material components;
- correct errors, inaccuracies, or omissions; and
- update Product or Site content without prior notice.
6. SEED GROWTH PROMISE, RETURNS, REPLACEMENTS, AND EXCLUSIVE REMEDY
Any Seed Growth Promise, return, replacement, exchange, or store credit rights are governed exclusively by our then-current Return Policy and Seed Growth Promise, both of which are incorporated into these Terms by reference.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PRODUCT-RELATED ISSUE, DISSATISFACTION, DEFECT, DAMAGE, SHORTAGE, NON-GERMINATION, OR CLAIM SHALL BE THE REMEDY EXPRESSLY PROVIDED IN OUR APPLICABLE POSTED POLICY, WHICH MAY BE LIMITED TO REPLACEMENT SEEDS, REPLACEMENT PRODUCT, OR STORE CREDIT.
We reserve the right to deny any claim, request, refund, replacement, credit, or accommodation in cases of suspected fraud, abuse, duplicate claims, inadequate documentation, failure to follow instructions, failure to comply with posted claim requirements, or other misuse of our policies.
7. USER CONDUCT
You agree not to:
- use the Site or Services for any unlawful, fraudulent, deceptive, harmful, abusive, or unauthorized purpose;
- attempt to interfere with the Site’s operation, security, or functionality;
- upload, transmit, or submit viruses, malware, harmful code, or disruptive material;
- impersonate another person or misrepresent your affiliation;
- infringe the rights of any person or entity; or
- submit content that is unlawful, threatening, harassing, abusive, defamatory, obscene, vulgar, invasive of privacy, discriminatory, misleading, or otherwise objectionable.
We may suspend, restrict, or terminate access to the Services at any time, with or without notice, for any reason, including suspected violation of these Terms.
8. REVIEWS, FEEDBACK, AND USER CONTENT
We support lawful, honest customer reviews and do not prohibit consumers from providing lawful feedback regarding our goods, services, or conduct. Nothing in these Terms is intended to restrict any rights you may have under applicable law regarding lawful consumer reviews.
However, if you submit, post, tag, upload, transmit, or otherwise provide any review, testimonial, comment, image, video, suggestion, idea, or other content (“User Content”) to us, through the Site, through social media, through a third-party review service, or otherwise, you represent and warrant that:
- you own or control the necessary rights to submit that User Content;
- the User Content is truthful to the best of your knowledge and based on your actual experience, where applicable;
- the User Content does not violate any law or third-party rights; and
- the User Content does not contain confidential information, protected health information, private personal data of others, unlawful content, or material that is defamatory, libelous, harassing, abusive, obscene, sexually explicit, misleading, or otherwise unlawful.
You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, display, publish, distribute, adapt, modify for formatting or length, translate, create derivative works from, and otherwise exploit such User Content in any media for lawful business purposes, including marketing, advertising, customer service, analytics, and promotional uses, subject to applicable law.
We reserve the right, but not the obligation, to review, remove, decline to display, moderate, or report any User Content for any lawful reason, including where we believe it is false, misleading, unrelated, abusive, harassing, obscene, unlawful, or violative of another’s rights. We also reserve all rights and remedies with respect to defamation, libel, business disparagement, fraud, or other unlawful conduct.
9. INTELLECTUAL PROPERTY
The Site, Services, Products, and all related content, materials, software, design, compilation, arrangement, text, graphics, logos, icons, images, video, audio, product names, slogans, trade dress, trademarks, service marks, copyrights, and other intellectual property, including Seeds In A Cup®, are owned by or licensed to us and are protected by United States and other applicable intellectual property laws.
No right, title, or interest in any intellectual property is transferred to you except the limited right to access and use the Site for personal, lawful, non-commercial purposes in accordance with these Terms.
You may not copy, reproduce, modify, publish, distribute, display, perform, sell, license, create derivative works from, exploit, reverse engineer, scrape, data mine, or otherwise use any Site or Product content without our prior written consent, except as expressly permitted by law.
10. DISCLAIMER OF WARRANTIES
EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN A WRITTEN POLICY POSTED BY US ON THE SITE, THE SITE, SERVICES, PRODUCTS, AND ALL RELATED CONTENT, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
- ANY PRODUCT WILL MEET YOUR EXPECTATIONS OR BE AVAILABLE AT ANY PARTICULAR TIME;
- ANY SEED OR GROWING PRODUCT WILL GERMINATE, GROW, SURVIVE, OR PERFORM IN ANY PARTICULAR WAY; OR
- ANY DEFECT OR ERROR WILL BE CORRECTED.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SEEDS IN A CUP, KEVIN BRUCE LLC, OR ANY OF OUR AFFILIATES, OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, EXPECTED SAVINGS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SITE, THE SERVICES, THE PRODUCTS, THESE TERMS, OR ANY ORDER, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, SERVICES, PRODUCTS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM; OR
(b) ONE HUNDRED U.S. DOLLARS (US $100.00).
Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you to the extent prohibited by law.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Seeds In A Cup, Kevin Bruce LLC, and our affiliates, owners, members, managers, officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, demands, actions, causes of action, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to:
- your breach or alleged breach of these Terms;
- your misuse of the Site, Services, or Products;
- your violation of any law, regulation, restriction, or third-party right;
- your cultivation, storage, transport, possession, export, resale, or use of any Product;
- your User Content; or
- any regulatory, plant-health, shipping, quarantine, or restricted-item issue arising from your order or conduct.
13. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
A. Governing Arbitration Law
This arbitration provision is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq., and applies to the fullest extent permitted by law.
B. Agreement to Arbitrate
Except for matters that qualify for small claims court and except for claims seeking injunctive relief relating to intellectual property or unauthorized access to the Site, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, the Products, any order, any transaction, or the relationship between you and us shall be resolved exclusively and finally by binding individual arbitration.
C. Arbitration Administrator and Rules
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the AAA rules then in effect that the administrator determines are applicable to the dispute, except as modified by these Terms.
D. Location
Unless otherwise required by applicable law or agreed by the parties, the arbitration shall take place in Cleveland, Ohio. Hearings may be conducted remotely where permitted.
E. Individual Proceedings Only / Class Action Waiver
YOU AND WE AGREE THAT ALL DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE BASIS. NEITHER YOU NOR WE MAY ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING.
F. Waiver of Jury Trial
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE NOT SUBJECT TO ARBITRATION.
G. Small Claims Option
Either party may bring an eligible individual claim in a small claims court located in or serving Cleveland, Ohio, provided the claim remains individual and within that court’s jurisdictional limits.
H. Opt-Out / Consumer-Specific Requirements
If applicable law requires additional consumer arbitration disclosures, procedures, or rights, they shall apply only to the minimum extent required by law, and the remainder of this Section shall remain in effect.
I. Severability of Arbitration Provision
If any portion of this Section 13 is found unenforceable, that portion shall be severed and the remainder enforced to the fullest extent permitted by law, except that if the class action waiver is found unenforceable as to a particular claim, then that claim shall proceed in a court of competent jurisdiction and not in arbitration.
14. GOVERNING LAW
Except to the extent superseded by the Federal Arbitration Act or other applicable federal law, these Terms and any dispute arising out of or relating to these Terms, the Site, the Services, or the Products shall be governed by the laws of the State of Ohio, without regard to conflict-of-law rules.
15. FORCE MAJEURE
We shall not be liable for any delay, failure, interruption, shortage, or inability to perform caused in whole or in part by circumstances beyond our reasonable control, including acts of God, severe weather, natural disasters, fire, flood, labor disputes, supply shortages, shipping interruptions, carrier failures, embargoes, war, terrorism, civil unrest, epidemics, pandemics, governmental action, legal restrictions, utility failures, cyber events, internet outages, or equipment failures.
16. CHANGES TO THESE TERMS
We may revise or update these Terms at any time in our sole discretion. The “Last Updated” date above reflects the effective date of the current version. Updated Terms are effective when posted, unless otherwise stated.
By continuing to access or use the Site, Services, or Products after updated Terms are posted, you agree to the revised Terms to the maximum extent permitted by law.
17. SEVERABILITY; NO WAIVER; ENTIRE AGREEMENT
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision shall not operate as a waiver of that right or provision.
These Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between you and us regarding the Site, Services, and Products, and supersede all prior or contemporaneous communications, understandings, and proposals relating to the same subject matter.
18. CONTACT INFORMATION
Seeds In A Cup®
c/o Kevin Bruce LLC
200 Euclid Avenue, Suite 640
Cleveland, OH 44114
United States
Phone: (216) 406-9315
Email: contact@seedsinacup.com