TERMS OF SERVICE AND CONDITIONS OF USE OF SITE
Welcome to Modulargreenhouses.com! This site is owned and operated by Modular Greenhouses, LLC, a Nevada Limited Liability Company, (hereinafter “The Company”).
YOUR USE OF THIS SITE IS YOUR AGREEMENT TO ALL OF THE FOLLOWING TERMS, AND CONDITIONS, INCLUDING ALL SUB-CATEGORIES:
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF SERVICE, DO NOT USE OR ACCESS THIS SITE.
YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. THE TERMS OF SERVICE MAY BE UPDATED AT ANY TIME WITH OR WITHOUT NOTICE TO YOU.
YOUR CONTINUED USE OF THIS SITE INDICATES ACCEPTANCE OF ANY MODIFICATIONS TO THE TERMS OF SERVICE.
You agree not to do any of the following while using this site: (1) Intentionally or unintentionally violate any applicable law or regulation. (2) Access, tamper with, or use nonpublic areas of this site or associated computer system(+s). Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution(+s). (3) Frame or link to this site (except when given express written permission by an authorized employee or agent of The Company).
Third Party Content and Monitoring
Any opinions, advice, statements, or other information or content expressed or made available on this site by third parties, including any information by providers and/or users, are those of the respective author(s) or distributor(s) and not of The Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this site by anyone other than authorized Company employees acting in their official capacities.
As a courtesy, this site may contain links to other, non Company websites or resources. You agree and acknowledge that The Company is not responsible or liable for the availability or accuracy of linked web sites or resources; nor is The Company responsible or liable for the content, advertising, or products from such web sites or resources. The inclusion of any link on the The Company site does not imply that The Company endorses the linked site.
Protection of Content
All text, graphics, logos, icons, images, audio clips and software on The Company site ("Site Content") are copyrighted materials owned by or licensed to The Company. The Site Content may contain trademarks, service marks and/or trade names owned by The Company and its affiliates, and may also contain product and/or brand names which are trademarks, service marks or trade names which are owned by certain third parties. Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by The Company its affiliates, or third parties. "modulargreenhouses.com” and The Company logo are trademarks of The Company. Unless authorized in writing by an officer of The Company, The Company’s trademarks may not be used in connection with any product or service that is not The Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or otherwise defames The Company. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the site content in any way for any public or commercial purpose without prior written consent of The Company or the right holders. You may not use the site content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the site content will automatically terminate, and you must immediately destroy any copies you have made of the site content, and we may end your authorization to use the site. Nothing contained in the site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of The Company, its affiliates, or any third party, and, except as provided in these Terms of Service, the exercise of all such IP Rights in the services, products, processes or technologies described in the site content are expressly reserved to The Company, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent For Notification of Claims of Infringement
The Company, respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Company’ Registered Agent on file with the Nevada Secretary of State the following information: (1) The Company’s Policy Concerning Claims of Infringement (2) A Written Notice of Copyright Claims. Please include in said claim the following information: (a) A notarized signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the site; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) A notarized statement by you, made under penalty of perjury, that all of the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company, will give you any necessary notices by posting them on The Company site. You authorize The Company to send notices via electronic mail as well if The Company decides, in its sole discretion, to do so. You agree to check The Company site for notices, and that you will be considered to have received notice when it is made available to you by posting on The Company site.
Disclaimer of Warranties
Although The Company intends to provide current and accurate information on its site, The Company does not warrant or make any representations regarding the accuracy, reliability, of events, or use of information on The Company’s site. The Company does not warrant that your use of The Company site, or the operation or function of The Company site, any component thereof, including but not limited to products, services offered, software or services used in connection therewith, will be uninterrupted or error free, or, that any defects therein will be corrected, or, that although The Company would never intentionally or deliberately insert a virus or viruses on this site, due to the nature of the internet in general, The Company cannot guarantee and does not warrant that the site or its server is free of viruses or other harmful elements. YOUR USE OF The Company SITE IS AT YOUR OWN RISK. YOU ASSUME ALL RESPONSIBILITY FOR ALL COSTS ASSOCCIATED WITH ANY SERVICING AND/OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE.
THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, SUITABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE COMPANY’S SITE. THE COMPANY’S SITE CONTENT PROVIDED IS "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY 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 COMPANY SITE, THE USE OR PERFORMANCE OF THE COMPANY SITE, THE DELAY OR INABILITY TO USE THE COMPANY SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE COMPANY SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE COMPANY SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE COMPNAY SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS THE COMPANY'S LIABILITY OR YOUR REMEDIES.
Termination of your Account
The Company may terminate your account with or without cause at any time effective immediately.
The Company shall be excused from performance under this Terms of Service if The Company is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Service by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of The Company.
The following provisions shall survive any termination of these Terms of Service: No Warranty from The Company, Limitation of Liability, Indemnity and General Provisions.
These Terms of Service apply specifically to you, are personal in nature, and cannot be assigned or delegated. Any attempt by you to assign, transfer, or delegate these Terms of Service shall be deemed null and void. These Terms of Service will inure to the benefit of The Company successors, assigns, and licensors. The boldface paragraph headings in this Terms of Service agreement are included to help make the agreement easier to read and have no binding effect.
The Company reserves the right to change these terms and conditions from time to time at it’s sole discretion.
All terms and conditions are applicable to the extent permitted by law.
No indulgence or extension of time which either you or The Company may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Company shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Nevada law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service. You agree to submit to the jurisdiction of the courts located in Washoe County, in the State of Nevada, for the resolution of all disputes arising from or related to these Terms of Service and/or your use of the site.
We hope that these Terms of Service have been clear and easy to understand, however, if you have any questions about them, please feel free to contact us at:
Effective Date: JANUARY 1, 2016