Conditions of Use

Welcome to the Sunshine Greenhouses.com website (the "Sunshine Greenhouses.com Website"), a site owned and operated by Sunshine Greenhouses.com and its affiliates ("Sunshine Greenhouses.com").

These Terms of Use, along with policies and guidelines located throughout the Sunshine Greenhouses.com Website identify what users of the Sunshine Greenhouses.com Website ("Users") can expect from Sunshine Greenhouses.com, Sunshine Greenhouses.com Providers (as defined below) and the Sunshine Greenhouses.com Website and what we expect from Users. By accessing any areas of the Sunshine Greenhouses.com Website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Sunshine Greenhouses.com Website.

I. ONLINE CONDUCT
User agrees to use the Sunshine Greenhouses.com Website only for lawful purposes. User is prohibited from posting on or transmitting through the Sunshine Greenhouses.com Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Sunshine Greenhouses.com is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Sunshine Greenhouses.com Website (collectively "Content") provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Sunshine Greenhouses.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Sunshine Greenhouses.com Website. Sunshine Greenhouses.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Sunshine Greenhouses.com Website; or (iii) to protect the rights or property of Sunshine Greenhouses.com and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Sunshine Greenhouses.com Providers") and any other User.

Sunshine Greenhouses.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Sunshine Greenhouses.com, the Sunshine Greenhouses.com Website, the communities that make up the Sunshine Greenhouses.com Website, or any rights of Sunshine Greenhouses.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Sunshine Greenhouses.com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Sunshine Greenhouses.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Sunshine Greenhouses.com Website.

II. PRIVACY POLICY
Sunshine Greenhouses.com respects the privacy of its Users. The terms and conditions of the Sunshine Greenhouses.com's Privacy Policy, http://www.Sunshine Greenhouses.comprivacy-policy.php, are incorporated herein by reference.

III. TRADEMARKS
Sunshine Greenhouses.com®, greenhousesystems.com®, Greenhouse Systems®, greenhousestore.com®, and Greenhouse Store®, are all trademarks or service marks of Sunshine Greenhouses.com or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Sunshine Greenhouses.com and its licensors used on the Sunshine Greenhouses.com Website may not be used without prior written consent of Sunshine Greenhouses.com or its licensor, as the case may be. Without limiting the foregoing, no Sunshine Greenhouses.com trademark or trade dress may be used in connection with any product or service that is not Sunshine Greenhouses.com's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Sunshine Greenhouses.com.

IV. CONTENT
a. Proprietary Rights
User acknowledges that the Sunshine Greenhouses.com Website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Sunshine Greenhouses.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Sunshine Greenhouses.com Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Sunshine Greenhouses.com Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Sunshine Greenhouses.com at web@Sunshine Greenhouses.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Sunshine Greenhouses.com Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Sunshine Greenhouses.com Website retains any and all rights which may exist in such Content.

c. Third-Party Content
Sunshine Greenhouses.com is a distributor and not a publisher of Content supplied by third parties and Users. Sunshine Greenhouses.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Sunshine Greenhouses.com or its affiliates or any of their officers, directors, employees, or agents. No Sunshine Greenhouses.com Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Sunshine Greenhouses.com Website represents the opinions and judgments of the respective third party providing such Content. Sunshine Greenhouses.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Sunshine Greenhouses.com Website by anyone other than Sunshine Greenhouses.com. Under no circumstances shall Sunshine Greenhouses.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Sunshine Greenhouses.com Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Sunshine Greenhouses.com Website.

d. Export
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Sunshine Greenhouses.com Website to either a foreign national or a foreign destination in violation of such laws.

V. AGE OF USERS
Sunshine Greenhouses.com does not intend the Sunshine Greenhouses.com Website to be used by minors under the age of 13. Furthermore, Sunshine Greenhouses.com does not market the Sunshine Greenhouses.com Website for use by minors under the age of 13. Sunshine Greenhouses.com relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Sunshine Greenhouses.com Website are appropriate for view or access by such Users.

VI. TERMINATION OF USAGE
Sunshine Greenhouses.com may suspend or terminate any User's access to all or any part of the Sunshine Greenhouses.com Website including any account thereon, without notice, for any reason in Sunshine Greenhouses.com's sole discretion, including without limitation Sunshine Greenhouses.com's belief that such access would violate any applicable law or would be harmful to the interests of any Sunshine Greenhouses.com Provider or another User.

VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Sunshine Greenhouses.com account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Sunshine Greenhouses.com account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY
THE Sunshine Greenhouses.com WEBSITE IS PROVIDED BY Sunshine Greenhouses.com PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH Sunshine Greenhouses.com PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO Sunshine Greenhouses.com PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE Sunshine Greenhouses.com WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Sunshine Greenhouses.com WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Sunshine Greenhouses.com WEBSITE; OR (IV) THAT THE Sunshine Greenhouses.com WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Sunshine Greenhouses.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO Sunshine Greenhouses.com PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Sunshine Greenhouses.com WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE Sunshine Greenhouses.com WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Sunshine Greenhouses.com PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY Sunshine Greenhouses.com PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Sunshine Greenhouses.com WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Sunshine Greenhouses.com WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Sunshine Greenhouses.com'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Sunshine Greenhouses.com WEBSITE.

NO Sunshine Greenhouses.com PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Sunshine Greenhouses.com WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH Sunshine Greenhouses.com PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Sunshine Greenhouses.com in the State of New York. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Idaho and of the United States of America located in the State of Idaho for any litigation arising out of or relating to use of or purchase made through the Sunshine Greenhouses.com Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.

XI. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Sunshine Greenhouses.com Website, any Content or any item purchased from the Sunshine Greenhouses.com Website shall be settled by confidential arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Sunshine Greenhouses.com from seeking any injunctive relief in State or Federal courts for protection of Sunshine Greenhouses.com's or Sunshine Greenhouses.com licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

XII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Sunshine Greenhouses.com regarding User's relationship with Sunshine Greenhouses.com and supersedes any prior statements or representations. When using the Sunshine Greenhouses.com Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

XIII. MODIFICATION
Sunshine Greenhouses.com reserves the right to make changes to the Sunshine Greenhouses.com Website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on April 11, 2003