Acceptance of Terms and Conditions.  By accessing, browsing, and/or using this Site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all laws and regulations applicable to your use of this Site. If you do not agree to these terms, do not use this Site.

Use of Site.  
Sunshine Landscape & Garden Center authorizes you to view and download materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies thereof. You may not modify the materials contained at this Site in any way nor reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose without the express written consent of Sunshine Landscape & Garden Center. Any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. If you breach any of these Terms and Conditions, your authorization to use this Site terminates and you must immediately destroy any downloaded or printed materials.

Copyright.  
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sunshine Landscape & Garden Center or the original author of the material.

Trademarks.  
"Sunshine Landscape & Garden Center" and the other trademarks designated in this Site are either trademarks and/or service marks or registered trademarks and/or service marks of Sunshine Landscape & Garden Center. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

User Submissions.  
Any material, information or other communication you transmit or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Sunshine Landscape & Garden Center shall have no obligations with respect to the Communications. Sunshine Landscape & Garden Center and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Links.  Any links to third-party sites will allow you to leave Sunshine Landscape & Garden Center's Site. Any linked sites are not under the control of Sunshine Landscape & Garden Center and Sunshine Landscape & Garden Center is not responsible for the contents of any linked site or any link contained in a linked site or for any change or updates to linked sites. Sunshine Landscape & Garden Center is providing the links to you only as a convenience and the inclusion of any link in this Site does not imply an endorsement of the site by Sunshine Landscape & Garden Center. If you decide to access any third-party sites linked to this Site, you do so entirely at your own risk.

U.S. Government Restricted Rights.  
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of materials from this Site by the U. S. Government or any agency thereof constitutes acknowledgment of Sunshine Landscape & Garden Center's proprietary rights in them.

Disclaimer of Warranties.  
SUNSHINE LANDSCAPE & GARDEN CENTER PROVIDES THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Sunshine Landscape & Garden Center does not warrant the accuracy and completeness of the materials or services at this Site. Information on this Site may contain technical inaccuracies or typographical errors. Sunshine Landscape & Garden Center may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and Sunshine Landscape & Garden Center makes no commitment to update the materials and services at this Site.

Limitation of Liability.  
Under no circumstances, shall Sunshine Landscape & Garden Center or its officers, directors, or employees be liable for any direct, indirect, special, incidental or consequential damages, including but not limited to, loss of data or profit or business interruption, arising out of the use or the inability to use, the materials on this Site, even if Sunshine Landscape & Garden Center or an authorized representative of Sunshine Landscape & Garden Center has been advised of the possibility of such damages. If your use of materials from this Site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof. The limitation of liability set forth herein extends to any and all claims whether sounding in contract, tort, or otherwise.

Governing Law.
Any claim relating to and the use of this Site and the materials contained herein is governed by the internal, substantive laws of the State of Texas.

Disputes.  
Any dispute claim arising out of your use of this Site shall be submitted to binding arbitration in Austin, Texas conducted under the rules of the American Arbitration Association; however, if you have in any manner violated or threatened to violate the intellectual property rights of Sunshine Landscape & Garden Center, Sunshine Landscape & Garden Center may seek injunctive or other appropriate emergency relief in the state and federal courts of Travis County, Texas to restrain such violations. By use of this Site, you consent to exclusive venue and jurisdiction in such courts.

Severability.  
If any part of these Terms and Conditions is found to be enforceable and not subject to reformation to allow for its enforcement, then the remainder of these terms and conditions shall remain in full force and effect.

Revisions to Terms and Conditions.  
Sunshine Landscape & Garden Center may change these Terms and Conditions at any time and without notice by updating this Site. Should you revisit this Site, you should revisit this page to determine the current Terms and Conditions by which you will be bound.

November 2001