Information Collection and Use
NORTH SHORE is the sole owner of the information collected on the Site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. NORTH SHORE collects information from our users at several different points on our website.
NORTH SHORE’s policy is to respect and protect the privacy of our users. This policy statement tells you how we collect information from you and how we use it. Using the Internet should be a fun experience and we want to help you make it so.
NORTH SHORE will not disclose your personal information to third parties without your consent. NORTH SHORE may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) NORTH SHORE’s rights or property, other LivingHerbs.com users, or anyone else that could be harmed by such activities. NORTH SHORE may disclose user information when we believe in good faith that the law requires it.
We also may disclose personally identifiable information in the following instances:
Legal Action: We may disclose information about our users, including personally identifiable information, when legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing the Site or applicable laws, or to protect against misuse or unauthorized use of the Site. We also may disclose user information whenever we believe disclosure is necessary to limit our legal liability; to protect or defend our rights or property; or protect the safety, rights, or property of our users.
Corporate Change: We may sell, transfer, or otherwise disclose user information, including personally identifiable information, to a successor entity in connection with a corporate merger, consolidation, asset sale, or other corporate change or combination of assets involving us.
In addition, we may disclose anonymous, aggregated user statistics to third parties for a variety of purposes. For example, we may disclose how many individuals visited certain areas of the Site, how many men or women receive our newsletter, or other demographic data about users of our products or services.
There are cases where NORTH SHORE may ask you for personal information such as your name, email address, and birth date. For example, we request personal information when you register for a LivingHerbs.com account, for online shopping or transactions, or for services that require registration or subscription. NORTH SHORE needs to collect this information for tracking/verifying compliance with NORTH SHORE policies as well as federal, state and local laws and/or for editorial and solicitation feedback purposes.
In some instances, we may request that you submit information about other people. For example, if you wish to order a gift for someone or share information from the Site with another person, you might submit the recipient’s name and email address or mailing address; or if you include references, you might submit the reference’s name and email address. The types of personally identifiable information that may be collected about other people include: recipient’s name, address, email address, and telephone number.
In case you change your mind or some personal information may change (such as your zip code), we will endeavor to provide a way to correct, update or remove the personal data you give us. You can do this at the member information page or by contacting our Customer Support personnel at info@ LivingHerbs.com.
Please keep in mind that whenever you offer personal information online, it can be collected and used by people you do not know. While NORTH SHORE strives to protect each user’s personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
NORTH SHORE’s policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond NORTH SHORE’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation.
Our site provides users the opportunity to opt-out of receiving communications from us and our partners at the point where we request information about the visitor.
Information provided at the time of Registration or submission from a guest who is 13 years of age or over may be used for marketing and promotional purposes by NORTH SHORE and our affiliates or companies that have been prescreened by NORTH SHORE. If a user objects to such use for any reason, he/she may stop that use — either by e-mail request to Info@LivingHerbs.com or by modifying his/her member information online.
Information provided when purchasing products from of our online store may be used for marketing and promotional purposes and is subject to the opt-out processes described on, or linked to, each order form.
NORTH SHORE is pleased to hear from its customers and welcomes your comments regarding NORTH SHORE products, including NORTH SHORE’s online services. Unfortunately, however, NORTH SHORE’s company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by NORTH SHORE’s professional staff might seem to others to be similar to their own creative work. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials which you believe are proprietary.
Should any viewer of a document on this web site respond to NORTH SHORE with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and NORTH SHORE shall have no obligation of any kind with respect to such information. In addition, NORTH SHORE shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, NORTH SHORE shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. Without limitation of the foregoing, NORTH SHORE shall exclusively own all now known or hereafter existing rights to any submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of any submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of such submissions. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by NORTH SHORE’s Privacy Statement.
In consideration of NORTH SHORE’s continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to NORTH SHORE without any compensation. You agree to execute any and all documents that NORTH SHORE may reasonably request in connection with confirming NORTH SHORE’s ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on the Site by you.
By allowing you to send email to us, we are not attempting to collect any personal information about you. We will only use any personal information (such as name, mailing address and e-mail address) contained in your email to respond to your specific inquiry or comments in the e-mail. Though we may retain your e-mail for a period of time, we will not use any personal information contained in your e-mail for any purpose other than responding to your specific inquiry or comments.
Review, update and removal of personal information
If you have registered with our site, you may at any time review and/or update the contact information we have for you or inform us that you want us to remove your information from our database by contacting us at Info@LivingHerbs.com. Please be sure to include in your message the email address you used to register so that we can verify your request.
“Forum” means a chat area, bulletin board, or e-mail function which may be offered as part of the NORTH SHORE site. You shall not upload to, distribute through, or otherwise publish through LivingHerbs.com any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other LivingHerbs.com guests to join or become members of any commercial online service or other organization is expressly prohibited.
Use of IP Address
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. Web servers — the big computers that “serve up” web pages — automatically identify your computer by its IP address.
NORTH SHORE collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers, and to audit the use of our site. When guests request pages from NORTH SHORE sites, our servers log the guests’ IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user’s session will be logged, but the user remains anonymous to us. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers or others.
Some services offered within the NORTH SHORE site, such as certain message boards, may display IP addresses along with the message poster’s name and message. Please review each service prior to use and only use those that disclose information you are comfortable with sharing.
By showing how and when guests use a site, cookies help us see which areas of LivingHerbs.com are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. We use the information from cookies to provide services better tailored to our users needs.
You may occasionally get cookies from our advertisers. NORTH SHORE does not control these cookies. The use of advertising cookies sent by third-party servers is standard in the Internet industry.
“Web beacons” or clear .gifs are small pieces of code placed on a webpage to monitor the behavior of and collect data about visitors viewing a certain webpage. Web beacons can be used to count the users who visit a webpage or to deliver a cookie to the browser of a visitor viewing that page. NORTH SHORE may use Web beacons from third party Web analytics services on this Site from time to time for these and other purposes. NORTH SHORE does not collect any personally identifiable information that you do not voluntarily enter in this Site.
Links to Other Web Sites
Users should be aware that when you go to LivingHerbs.com, you may be able to link to other sites that are beyond our control. There are links to other sites from LivingHerbs.com pages that take you outside our service. For example, if you “click” on a banner advertisement, the “click” removes you from the NORTH SHORE site. This includes links from advertisers, sponsors and partners that may use NORTH SHORE’s logo as part of a co-branding agreement. These other sites may send their own cookies to users, collect data or solicit personal information.
NORTH SHORE makes no representation whatsoever regarding the content of any other web sites which you may access from the Site. When you access a non-NORTH SHORE web site, please understand that it is independent from NORTH SHORE and that NORTH SHORE has no control over the content on that web site. A link to a non-NORTH SHORE web site does not mean that NORTH SHORE endorses or accepts any responsibility for the content or use of such web site. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, NORTH SHORE cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
LivingHerbs.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from LivingHerbs.com since they are owned and operated by independent retailers. LivingHerbs.com does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Security of Transmitted Information
The importance of security for all personally identifiable information associated with our guests is of utmost concern to us. We have put in place physical, electronic, and other procedures to help safeguard and try to prevent unauthorized access to, maintain security of, and correctly use the information we collect. We exercise great care in providing secure transmission of your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, NORTH SHORE cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. When credit card information is transmitted we use industry standard, SSL (secure socket layer) encryption. Ultimately, you are responsible for maintaining the secrecy of any passwords and any account information and NORTH SHORE cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.
Notification of Changes
Your Acceptance of These Terms
This Agreement is effective unless and until terminated by either you or NORTH SHORE. You may terminate this Agreement at any time. NORTH SHORE may terminate this Agreement at any time and without notice, and accordingly deny you access to this web site, in NORTH SHORE’s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or NORTH SHORE, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
Third Party Advertisers
A number of other companies supply content to the NORTH SHORE site and may make offers available to you. You deal with and enter into transactions with advertisers on or suppliers of content to the Service at your own risk. While the NORTH SHORE trademark will appear on all pages available via the Service to let you know that you are still within NORTH SHORE, we are not a party to any such transactions and are not liable for any claims or damages that may result from them.
Notices to you may be made via email, regular mail, notices posted on the Service, or via changes to this Agreement on the LivingHerbs.com website.
Arbitration, Governing Law and Jurisdiction
Unless otherwise specified, the Site is presented solely for the purpose of promoting products available in the United States and its territories, possessions, and protectorates. NORTH SHORE makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This web site (excluding linked sites) is controlled by NORTH SHORE from its offices within the state of California, United States of America. By accessing this Web site, you and NORTH SHORE agree that all matters relating to your access to, or use of, this Web site shall be governed by the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof. You and NORTH SHORE also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Riverside County and the United States District Court for the Central District of California, Eastern Division with respect to such matters. NORTH SHORE makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE WHEN YOU FIRST ACCEPT THESE TERMS (the “Opt Out Deadline”). You may opt out of these arbitration procedures by calling (760) 397-0400 or emailing info@LivingHerbs.com to request the opt out form. Any opt out received after the Opt Out Deadline will not be valid and you must pursue any claim in arbitration.
For all disputes and claims, whether pursued in court or arbitration, you must first give us an opportunity to resolve your dispute or claim by sending a written Notice of Dispute (the “Notice”) to us at the following address: Office for Dispute Resolution, North Shores Greenhouses, Inc., 82-900 Johnson Street, Thermal CA 92274. The Notice must (a) describe the nature and basis of the dispute or claim and (b) set forth the specific relief sought (a “Demand”). If our Brand and you do not reach an agreement to resolve the dispute or claim within 30 days after Notice is received, you or our Brand may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
The payment of all AAA filing, administration and arbitrator fees for any arbitration initiated hereunder will be governed by the AAA Rules; provided, however that for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims under $75,000 determined to be frivolous, we agree not to seek an award of attorneys’ fees in such arbitration proceedings even if an award is otherwise available under applicable law.
Unless we agree otherwise, any arbitration hearings will take place in the county of your billing address.
Class Action Waiver
YOU AND OUR BRAND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both of us agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If you choose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other User, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
The Terms are accepted upon your use of the Site or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and NORTH SHORE regarding the use of Site and its services and features. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision.
The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
North Shore Greenhouses, Inc.
82-900 Johnson Street
Thermal, CA 92274
Copyright © 2017 by North Shore Greenhouses, Inc.