All Merchandise Sold By Greenhouse Organics Is Subject To Any Applicable Warranties And Representations Of Their Respective Manufacturers. Accordingly, Greenhouse Organics Makes No
Representation Or Warranty With Respect To Any Merchandise Sold. Except As Expressly Stated Herein,Greenhouse Organics Expressly Disclaims All Warranties, Express Or Implied, Or Fitness Of Any Kind With Respect To Merchandise And Products Sold Through The Greenhouse Organics, Including But Not Limited To Implied For A Particular Purpose. Under No Circumstances Shall Greenhouse Organics, Its Suppliers Or Their Respective Directors, Officers, Employees Or Agents Be Liable To You Or To Any Third Party For Any Indirect, Consequential, Incidental, Special, Or Punitive Damages Arising In Any Way From Any Merchandise Sold Through The Greenhouse Organics Services. In No Event Shall Greenhouse Organics’s Liability Exceed The Price You Paid For The Merchandise That Is The Subject Of The Claim. Applicable Law, Including The Law Of New Jersey, May Not Allow The Limitation Of Liability Set Forth Above, So This Limitation Of Liability May Not Apply To You.
Arbitration AgreementInstead Of Suing In Court, You and Greenhouse OrganicsEach Agree To Arbitrate Disputes On A Bilateral (Individual) Basis
You and Greenhouse Organicsagree that any dispute, controversy or claim between you and Greenhouse Organicswhich cannot be settled through the customer service department refunding your payments in full (if applicable) and which arises out of or relates to
(i) these Terms of Use;
(ii) any aspect of your relationship with Greenhouse Organics, including the Greenhouse Organicswebsiteand\or your purchase or attempted purchase of Merchandise from Greenhouse Organics;
(iii) any Content and\or Submissions; or
(iv) Greenhouse Organics marketing efforts, including complaints concerning unsolicited text messages, emails, push notifications, and telemarketing calls, irrespective of whether the dispute, controversy or claim arose after the termination of the relationship between you and Greenhouse Organics, theServices and\or the Mobile Services (collectively, “Claims”), shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights; provided, however, either you or Greenhouse Organicsmay bring an individual lawsuit in small claimscourt consistent with the jurisdictional and dollar limits that may apply. The arbitrator’s decision and award are final and binding, with only those exceptions provided under the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), and judgment on the award may be entered in any court with jurisdiction
Class Action Waiver
Greenhouse Organicsand you each agree that each and both of the Parties are waiving the right to a trial by jury and may bring Claims against the other party only in an individual capacity and not in a class action or representative or collective proceeding. All arbitrations under this Arbitration Agreement shall be conducted on an individual (and not a class-wide or collective) basis and an arbitrator shall have no authority to award class-wide or collective relief. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“Class Action Waiver”). If a court decides that the limitations of this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Informal Dispute Resolution Requirement
A party who intends to seek arbitration must first send tothe other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to Greenhouse Organicsshall be sent to the following address: Greenhouse Organics, 120 E. Market Street, Indianapolis, IN46204. All notices sent by Greenhouse Organicsto you will be sent to the email and/or mailing address provided in your Greenhouse OrganicsAccount. Upon receipt of such notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such
sixty (60) day period, you or Greenhouse Organicsmay commence an arbitration proceeding. Both you and Greenhouse Organicsagree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Right to Opt Out of this Arbitration Agreement
You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from Greenhouse Organics; or (b) sign up for any program or service provided by Greenhouse Organics. You may also opt out ofthis Arbitration Agreement within 30 days after we provide notice of a material change to this Arbitration Agreement. (Please seeThese Terms of Use May Change, below.) You may opt out by sending an email to customerservice@greenhouseorg.com.or by sending a letter to Greenhouse Organics, 120 E. Market Street, Indianapolis, IN 46204. You should include your printed name, mailing address, and the words “Reject Arbitration.”
Arbitration Procedures
The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures, including information on how to initiate arbitration, are available by calling the AAA or by visiting its website (www.adr.org). Unless you and Greenhouse Organicsagree otherwise, including to conduct arbitration by telephone or videoconference, the arbitration of any Claim shall be conducted in the State in which you reside, and Greenhouse Organics will: (1) pay all costs of the arbitration; and (2) not seek attorney’s fees in the event Greenhouse Organicsprevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Governing Law and Other Terms
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the FAA and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to Claims that are covered by the Arbitration Agreement, the law of the State of Minnesota, will govern. Greenhouse Organicswill provide notice of any material changes to this Arbitration Agreement. (Please see These Terms of Use May Change, below).Except as set forth above regarding the Class Action Waiver provision, if a court decides that any portion of this Arbitration Agreement is invalid or unenforceable, suchdetermination will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
Our Copyright
The contents of our Site are protected by U.S. and international copyright laws. You agree not to copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on the Site without receiving our prior written permission.
Your Copyright
Although you retain your copyright in any content (including, but not limited to, reviews, photographs, videos, text, audio, and other materials) that you post to Greenhouse Organics.com, by submitting any content to Greenhouse Organics.com you grant us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, andotherwise make use of that content.
You warrant to us that you have the right to grant us this right to the content. You also agree that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
Copyright Violations –Digital Millennium Copyright Act
We respect the intellectual property rights of others, and we require that the people who use our Services do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Services infringes upon your copyrights, you may submit written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. Section 512(c)(3) for further detail)to our designated Copyright Agent by email atcustomerservice@greenhouseorg.comor by mail to Greenhouse Organics., Attn: Copyright Agent, 120 E. Market Street, Indianapolis, IN 46204.
You should include the following information:(1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Communications Decency Act
United States law—specifically 47 U.S.C. §230—creates a defense for us for the actions of third parties in regard to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if givennotice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at customerservice@greenhouseorg.comif a User has posted anything that you believe is defamatory.
Trademarks And Patents
Greenhouse Organics” is a trademark used by us, Greenhouse Organics.com, to uniquely identify our Site, Service, and business. Greenhouse Organics and other trademarks, logos, other marks, and trade dress pertaining to our Site and products sold on the Site are our property or belong to their respective owners. You may not make any use of such trademarks, logos, other marks or trade dresswithout our prior written consent or the consent of the owner, if not us.
Certain patents, copyrights, trademarks (including but not limited to service marks), trade names, and logos used or displayed on the Greenhouse OrganicsServices are registered and unregistered patents, copyrights, trademarks, trade names, and logos of Greenhouse Organics or its affiliates. Other patents, copyrights, trademarks, trade names, and logos used or displayed on the Services are the registered and unregistered patents, copyrights, trademarks, trade names, and logos of their respective owners, including the developers, or their respective affiliates. Any identification of trademarks or other proprietary rights of other parties shall be in accordance with Greenhouse Organicspolicy, and Greenhouse Organicsacknowledges the rights of such third parties. Nothing contained on the Greenhouse Organicsgrants or should be interpretedas granting, by implication, estoppel, or otherwise, any license or right to use any patents, copyrights, trademarks, tradenames, or logos displayed on the Greenhouse OrganicsServices without the written permission of Greenhouse Organicsor such other owner.
Revocation of Consent
We may revoke our consent to your use of any of our property, including our copyrights, trademarks, logos, other marks or trade dress, or any other permission granted to you under this Agreement, at any time. If we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
These Terms of Use May Change
Greenhouse Organicsshall have the right at any time and without prior notice, at its sole discretion, to revise these Terms of Use or to impose new Terms of Use governing the Greenhouse OrganicsMerchandise, Products, and Services(including but not limited to Greenhouseorg.com). Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional Terms of Use on Greenhouseorg.com. You are responsible for reviewing Greenhouseorg.comperiodically for any modification to these Terms of Use. Any access to or use of the Greenhouse OrganicsMerchandise, Products, and Servicesby you after notice of revisions or additions to these Terms of Use shall constitute and be deemed to be your agreement to such revisions or additions.
Miscellaneous
By using the Greenhouse OrganicsMerchandise, Products, and Services(including but limited to Greenhouseorg.com), you represent and warrant that you are of legal age to form a binding contract with Greenhouse Organics. If you are under 18 years of age, you should not use the Greenhouse OrganicsMerchandise, Products, and Services. These Terms of Use constitute the entire agreement between you and Greenhouse Organicswith respect to the subject matter hereof, and they supersede all previous written or oral agreements between the parties with respect to such subject matter.
Representations, Warranties and Limitation of LiabilityWe Make No Representations Or Warranties As To The Merchantability Of Our Service Or Fitness For Any Particular Purpose. By Using The Site, You Release Us From Any Liability That We May Otherwise Have To You In Relation To Or Arising From ThisAgreement Or Our Services, For Reasons Including, But Not Limited To, Failure Of Our Service, Untimely Delivery, Negligence, Or Any Other Tort. To The Extent That Applicable Law Restricts This Release Of Liability, We Are Liable To You Only For The Minimum Amount Of Damages That The Law Restricts Our Liability To, If Such A Minimum Exists.
In No Event Will Greenhouseorg.com, Its Directors, Officers, Or Employees Be Liable (A) For Any Indirect, Consequential, Special, Incidental Or Punitive Damages Arising Out Of The Use Or Inability To Use The Service, (B) Relating To Any Content Or Products Available Or Sold On Or Through The Service, Or (C) In Connection With Any Third Party Content Or Materials (Including User Materials) Or The Defamatory, Infringing, Offensive Or Illegal Conduct Of Any Third Party.We Are Not Responsible For Any Failure On The Part Of A Payment Processor, Including PayPal Or The Credit Card Company Or Bank That You Use To Pay Us Or Fund PayPal, To Direct Payments To The Correct Destination, Or Any Actions On Their Part In Placing A Hold On Your Funds.We Are Not Liable For Any Claims Or Damages Arising From Any Temporary Or Permanent Inability To Access Our Site, For Any Reason.
Nothing In The Provisions Of This “Representations & Warranties” Section Shall Be Construed To Limit The Generality Of The First Paragraph Of This Section.See Exclusions AndLimitations and Consumer Protection Notice Section Below For Important Limitations On The Terms Of This Section
Indemnity
By using this Site, you agree to indemnify and hold us harmless for any claims by you or any third party arising from or relating tothis Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree
that you have a duty to defend us against such claims and we may require you to pay reasonable attorneys’ fees for an attorney(s) of our choice, court costs, and disbursements in such cases. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liablefor the damages as though we had proceeded with a trial.See Exclusions And Limitations and Consumer Protection Notice Section Below For Important Limitations On The Terms Of This Section
Limited Time to File Claims
You must assert any Claim relating to use of this Site or the purchase of any products from Greenhouse Organicswithin one (1) year after the Claim arises, or such Claim will be barred.See Exclusions And Limitations and Consumer Protection Notice Section Below For Important Limitations On The Terms Of This Section
Force MajeureProvision
We are not responsible to you for events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.See Exclusions And Limitations and Consumer Protection Notice Section Below For Important Limitations On The Terms Of This Section.
Severability
In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
Non-Waiver
Greenhouse Organicsreserves all rights under this Agreement as well as under the provisions of any applicable law. Our non-enforcementof any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Termination & Cancellation
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.See Exclusions And Limitations and Consumer Protection Notice Section Below For Important Limitations On The Terms Of This Section
Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Amendments
We reserve the right to amend these Terms and Conditions from time to time by posting updated
Terms and Conditions and/or an updated Privacy Policy on the Site. Your continued use of our Service shall constitute your acceptance of any such amendments.
Exclusions And Limitations; Consumer Protection Notice
Nothing in this Section shall modify Subsection 20(B) (“Formal Resolution by Arbitration/Class Action Waiver”).
For Jurisdictions that do not allow us to limit our liability: If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.If You Are A Resident Of A JurisdictionThat Requires A Specific Statement Regarding Release Then The Following Applies. For Example, California Residents Must, As A Condition Of This Agreement, Waive The Applicability Of California Civil Code Section 1542, Which States, “A General Release DoesNot Extend To Claims Which The Creditor Does Not Know Or Suspect To Exist In His Or Her Favor At The Time Of Executing The Release, Which If Known By Him or Her Must Have Materially Affected His Or Her Settlement With The Debtor & You Hereby Waive This Section Of The California Civil Code. You Hereby Waive Any Similar Provision In Law, Regulation, Or Code That Has The Same Intent Or Effect As The Aforementioned Release.
New Jersey Users and Residents
If you are a New Jersey consumer, the terms of Sections9, 11(B), 16, 17, 18, 20, 21, and 24 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.
California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Greenhouse Organicsmust be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210
International Users
Greenhouseorg.comis controlled and operated within the United States. We make no representation that content, materials or products available on or through the Site are appropriate or available for use outside of the United States. If you access the Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
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