The following are terms of a legal agreement between you and Sunnyside Greenhouses Ltd. on its behalf and on behalf of its subsidiaries and affiliates ("SGL"). By accessing, browsing and/or using this site, you acknowledge that you have read, understood, and agree to abide by and comply with all terms, conditions and notices contained in or referenced by these Terms and Conditions of Use. You further agree to be governed by any additional terms and conditions that may apply to you arising out your accessing, browsing and/or using of this site, whether contained on this site or in a separate agreement with SGL. In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. SGL reserves the right, in its discretion, to update or revise these Terms and Conditions of Use and to post such updated or revised Terms and Conditions of Use on this site.
If you do not agree to these Terms and Conditions of Use, please do not use this site. Please check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes.
2. Privacy
From time to time, you may be requested to provide SGL with personal information. Such personal information is subject to SGL's Privacy Policy. To view SGL's Privacy Policy, please visit the following link.
3. Third Party Information and Links
This site may contain links to third party web sites ("Linked Sites"), and may incorporate information obtained from third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under the control of SGL, and SGL is not responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. SGL is not responsible for any form of transmission received from any Linked Site nor is SGL responsible if the Linked Site is not working appropriately. SGL provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by SGL of this site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties conducted through this site or Linked Sites, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party. SGL shall not be responsible or liable for any part of any such dealings.
4. No Unlawful or Prohibited Use
As a condition of your use of this site, you warrant to SGL that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this site in any manner which could damage, disable, overburden, or impair this site or interfere with any other party's use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site.
5. Use of Communication Services
This site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload, post, email, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as software protected by intellectual property laws, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
- Post, publish, modify, transmit, reproduce, or distribute in any way, information, software or other materials or tools designed for compromising the security of the Communication Services, our network or telecommunication services.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
- Restrict or inhibit any other user from using and enjoying the Communication Services, or create an unusually large burden on the Communication Services, such as by generating levels of traffic sufficient to impede others' ability to send or retrieve information.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without prior written authorization from such owners of such information.
- Resell any of the Communication Services or use the Communication Services other than for your own personal purposes. Without limiting the foregoing, you agree that you will not use the Communication Services to provide Internet access or any other feature of the Communication Services to any third party.
- Violate any applicable laws or regulations.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or create a false identity to mislead others.
SGL has no obligation to monitor the Communication Services. However, SGL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. SGL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
SGL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SGL's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. SGL does not control or endorse the content, messages or information found in any Communication Service and, therefore, SGL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized SGL spokespersons, and their views do not necessarily reflect those of SGL.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
6. Materials Provided to this Site or Posted at Any Site
SGL does not claim ownership of the materials you provide to SGL (including feedback and suggestions) or post, upload, input or submit to any Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SGL, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. SGL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SGL's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
7. Personal and Non-Commercial Use
Unless otherwise specified, the services provided on this site are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site.
8. International Use
As this site may be accessed globally, if you choose to access this site from locations other than the United States, Canada or the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the foregoing, SGL makes no representation that materials on this site are appropriate or available for use in locations outside the United States, Canada or the United Kingdom, as applicable, and accessing them from territories where their contents are illegal is prohibited.
9. Limitation of Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SGL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. ADVICE RECEIVED VIA THIS SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
SGL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SGL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SGL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SGL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.
SERVICE CONTACT: kris.bray@imperium.ca
10. Intellectual Property Rights
Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this site, including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with SGL. Any grants not expressly granted herein are reserved.
All contents of this site are: Copyright 2009 by Sunnyside Greenhouses Ltd. and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
11. Modifications to Services Provided
SGL reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any services (including email services) provided through this site (or any part thereof) with or without notice, or in accordance with the terms of your separate written agreement with SGL. You agree that SGL shall not be liable to you or to any third party for any modification, suspension or discontinuance of such services.
12. Violation of Terms and Conditions of Use and Termination
Where feasible (in SGL's sole discretion), SGL will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this site or any SGL services are used in a way in which SGL, in its sole discretion, deems to violate these terms and conditions of use, SGL or its agent may take any responsible actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of the Communication Services (including email services). SGL shall not be liable in any way for any such responsive actions. The above-described actions are not SGL's exclusive remedies and SGL may take any other legal, equitable or technical action it deems appropriate.
SGL reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorize SGL to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms and conditions of use. Such cooperation may include SGL providing the username, IP address, or other identifying information about you. Upon termination of any account you may have with SGL, you authorize SGL to delete any files, programs, data and email messages associated with such account.
Notwithstanding the foregoing, SGL reserves the right, in its sole discretion, to terminate your access to this site and SGL services or any portion thereof, for any reason without notice.
13. Notice
All demands, notices, communications and reports required under these terms and conditions of use, including any notice of infringement of your copyright, shall be in writing and shall be either sent by facsimile transmission with confirmation to the number specified below or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to SGL at the address specified below:
Sunnyside Greenhouses Ltd.
3439 – 69 Street NW
Calgary, Alberta
T3B 2J8
Canada
Telephone No.: 403-288-3006
Fax No.: 403-286-6908
Attention: Legal Counsel
14. General Provisions
This agreement is governed by the laws of the Province of Alberta, Canada, without regard to conflict of laws provisions, and you agree to submit to the exclusive jurisdiction of the courts located in the Province of Alberta, Canada. The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms and conditions of use or to any contracts relating to goods or services obtained through this site. No joint venture, partnership, employment, or agency relationship exists between you and SGL as a result of this agreement or use of this site and/or SGL services. SGL's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SGL's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, SGL services or information provided to or gathered by SGL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and SGL with respect to this site and SGL services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SGL with respect to this site and SGL services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que le présent accord ainsi que les documents qui s'y rattachent soient rédigés en anglais.