Copyright/Trademark Information

SunnySideofGreen.com is a registered trademark of SunnySideofGreen, LLC. This entire website, copy, images, logos, indicia, text, content, and unique method of showcasing products is copyright  2009   SunnySideofGreen.com, LLC. All trademarks appearing herein are acknowledged. Permission to use documents delivered from this World Wide Web site and/or server and related graphics is restricted. The name of SunnySideofGreen.com, SunnySideofGreen ,LLC., or any of the above trademarks or logos may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.

Payment Methods

·   Visa

·   Mastercard

·   Discover Network

·   American Express

·   PayPal

·   SunnySideofGreen.com Gift Certificate

·   No Purchase Orders, Fax, Personal or Business Check, Money Order or C.O.D. orders please. Please accept our apologies but we do not accept international credit cards at this time.

Price Matching

SunnySideofGreen.com does not price match competitors but will honor our advertised prices on SunnySideofGreen.com’s specials, newsletters, promotional emails. For your convenience, all of our most current pricing is listed on our web site and updated in real-time. Prices are non-negotiable.

Gifts

SunnySideofGreen.com offers complimentary customer appreciation gifts with the purchase of selected merchandise. On the product page of qualified merchandise, choose your preferred Customer Appreciation Gift via radio button and click the item's Add to Cart button. Both the product and the gift item will be added to your cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a gift to your cart, an intermediary page will be promoted to provide you with a second chance. Gift offers valid only while supplies last.

Combo Specials

Combo Specials are offered by SunnySideofGreen.com as a way of purchasing two items together at a discounted price. To take advantage of a listed Combo Special, select the desired Combo Special from the individual item listing and click Add to Cart. Both items will be added to your shopping cart, and the advertised discount will be applied on the Order Confirmation screen. And, in case you forget to add a Combo Special to your cart, an intermediary page will be promoted to provide you with a second chance. Only one of each Combo Special can be purchased per order. Offers valid only while supplies of both items last. If you attempt to purchase multiple units of a Combo Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). SunnySideofGreen.com cannot guarantee the compatibility of combo items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

* Please note that an item advertised as "free" in a combo special may still incur a shipping charge.

Bundle Specials

Bundle Specials are offered to SunnySideofGreen.com shoppers as a way to purchase multiple items together at a discounted price. Only one of each Bundle Special can be purchased per order. Offers valid only while supplies of all items within the bundle last. If you attempt to purchase multiple units of a Bundle Special, be advised that items with a mail-in rebate will yield only one redeemable rebate offer (per the manufacturer's "limit one per household" provision). SunnySideofGreen.com cannot guarantee the compatibility of bundle items. Please contact the manufacturer(s) directly if you have issues or concerns regarding compatibility.

If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of the original invoice date. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair / replacement only. Individual items within a bundle may only be returned for repair / replacement if an RMA number is acquired within the standard return period.

Product Tour

The product resources offered in Product Tour are provided courtesy of their respective developers . As such, SunnySideofGreen.com is not responsible in any way for the accuracy of claims, representations or suggestions made in these materials. Similarly, all compatibility or technical issues should be directed to the appropriate developer or manufacturer. These resources are provided on an "as is" basis by SunnySideofGreen.com as a supplementary service to you, the user. We offer these resources to you strictly for informative purposes as they may lend valuable insight into products you are interested in and clarify any associated benefits.

Promo Codes

SunnySideofGreen.com will sometimes furnish an alphanumeric code that can be used for promotions on our web site. These promotional codes may be found in print and/or online advertisements, sent via email to our Newsletter and/or Promotion subscribers, presented on the SunnySideofGreen.com web site or circulated at events and through other means. Some of the specials offered by entering a Promo Code during checkout include free shipping, volume discounts , free gifts or complimentary Rush Order processing. The provisions for a Promo Code will be included with the code itself; if an expiration date or other condition is stipulated, just reference where you acquired the code for the exact requirements. Please note that Promo Codes are not redeemable for cash and you must spend more than the discount price in order for a promotion to be applied. For example, if a Promo Code offered $10.00 off your next purchase, you would need to spend more than $10.00 to redeem your discount.

Mail-in Rebates

For your convenience, SunnySideofGreen.com does its best to advertise any current rebates on our web site. Any use of these rebates is limited to the terms and conditions specified by the product manufacturer. If you have any questions regarding rebate terms and conditions, please contact the manufacturer directly.

Sales Tax

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes under applicable laws. Therefore all orders shipping into Georgia will be charged applicable sales tax according to your area's tax rate. Please note that the sales tax for Georgia orders is calculated based upon the total price of the order, including shipping and handling. The tax imposed by these states and or county’s on shipping and handling is part of the state sales tax, not a separate tax.

Duty Tax

FedEx only offers 2Day or overnight services to Hawaii and Alaska. If you have selected FedEx Saver as your preferred shipping option and attempt to checkout, the shipping method will default to 2Day and you will subsequently be charged accordingly.

Cell Phone and Rechargeable Battery Recycling Program.

SunnySideofGreen.com has a system in place for the acceptance and collection of used cell phones and used rechargeable batteries for reuse, recycling or proper disposal. Please click here for information about that system and how you may be able to use that system, at no cost to you.

Product Testing

SunnySideofGreen.com , like other e-tailers, ships items in the condition they were received from the original manufacturer/distributor. SunnySideofGreen.com does not conduct product testing before shipping any merchandise.

Money Back Guarantee/Refund Policy

All merchandise unless otherwise indicated may be returned within 30 days from the original invoice date for a refund. A return authorization number is required for all returns. A 15% restocking fee may apply. These terms apply to all refunds. Most products are shipped with a refund/replacement guarantee period unless otherwise noted in the product listing. Customers must inform SunnySideofGreen.com of any order discrepancy within 7 days from the invoice date so that we may investigate and resolve the situation accordingly.

SunnySideofGreen.com SATISFACTION GUARANTEE - SunnySideofGreen.com offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

·   Downloadable software and or e-books is refundable within 15 days of the original invoice date. SunnySideofGreen.com will confirm that the product has not been downloaded and, upon verification, the customer will be issued a letter of destruction. Once he/she agrees to the terms stipulated in the letter, SunnySideofGreen.com will issue a Return Merchandise Authorization number for the refund amount.

·   DVDs are non-refundable but may be exchanged for a functional version of the same film by using the pre-paid shipping label packaged with your order.

DVD Return Policy

DVDs are non-refundable but may be exchanged within 30-days of the invoice date for a functional version of the same film by using the shipping label packaged with your order. If you have any questions or concerns, please contact us for help.

Physical Damage Policy

Physical damage to any product purchased at SunnySideofGreen.com will effectively void warranty coverage. Physical damage includes but is not limited to improper handling and/or any other type of damage sustained by irregular usage. As a result, SunnySideofGreen.com will return any physically damaged product back to the customer at the customer's expense.

Restocking Fee

A 15% restocking fee will be applied to all returns for refund. Shipping charges are non-refundable. No refunds after 30 days.

Technical Support

SunnySideofGreen.com does not offer any sort of technical assistance. We cannot offer advice on compatibility of items, make product recommendations; provide technical support or sales advice. We post all of the information the manufacturer provides us with for your convenience. Please contact the manufacturer directly for accurate answers to your technical questions or for additional information or specifications that are not posted at SunnySideofGreen.com .

Processing Time

You can expect your order to be processed within approximately 24-48 hours, provided the items are in stock and there are no problems with payment verification. SunnySideofGreen.com does not guarantee same day-shipping. Orders are not processed on weekends and holidays.

Rush processing

SunnySideofGreen.com will rush process your order for an additional fee provided that the following conditions are met:

·   Order is submitted before 12 noon EST.

·   Your transaction and credit card authorization is successfully completed before 12:30PM EST.

·   Your shipping address matches your credit card billing address (i.e. No alternate ship to address).

·   Rush Processing does NOT apply to Pre-Paid Check orders.

Rush Processing Disclaimer:

IN ALL CIRCUMSTANCES, SUNNYSIDEOFGREEN.COM 'S MAXIMUM LIABILITY IS LIMITED TO THIS RUSH ORDER FEE ONLY. WHILE SUNNYSIDEOFGREEN.COM CANNOT GUARANTEE SAME DAY SHIPMENT FOR ALL ORDERS, SUNNYSIDEOFGREEN.COM WILL PUT FORTH ITS BEST EFFORT TO SHIP ALL RUSH PROCESSING ORDERS THE SAME BUSINESS DAY IF THE ABOVE CONDITIONS ARE MET. OTHERWISE, YOUR $2.99 RUSH PROCESSING FEE WILL BE REFUNDED.

Pre-orders

Click the Pre-order button in the item description and checkout as you normally would. A Sales Order number will be issued at the Order Confirmation screen just as if you were placing a conventional order, but your credit/debit card will not be charged until your pre-ordered DVD or software is in stock and ready to ship. If you purchase an in-stock item with a pre-order item, you will be charged accordingly for the available product and the difference when your pre-ordered item is in stock and ready for shipment. In this instance, two Sales Order numbers will be issued; one for the in-stock merchandise and one for the pre-ordered merchandise. You will be kept up-to-date via our website and through standard Order Status emails to your account.

Back-orders

SunnySideofGreen.com does not sell backordered merchandise. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that we can in good faith sell to a customer. In that instance, we will refund your credit/debit card for the item, along with any applicable tax fees and shipping charges. An automated email will also be sent to your SunnySideofGreen.com login to alert you of the situation.

Order status

SunnySideofGreen.com will keep you informed of your order status via e-mail. All tracking information will be emailed to your SunnySideofGreen.com ID once your order has shipped (except when an APO/FPO is the shipping destination). You may also acquire your order status and other live updates by logging in to your account on our website.

Security

We employ 128-bit encryption technology in all areas of the Site which require you to provide your personal or account information, including those areas related to online ordering, order status, catalog request and contest forms. The Site utilizes industry-standard firewalls and Secure Sockets Layer (SSL) technology to allow for the encryption of potentially sensitive Personal Information, such as your name, address and credit card number.

You should recognize, however, that no computer system is fully secure and that there are inherent risks associated with Internet transactions. To make sure you have the latest security features on your browser, you may want to download the most recent version of your favorite browser, which should have full SSL support.

Privacy

SunnySideofGreen.com respects your privacy. We will not under any circumstances sell or release your information to anyone except as outlined in our privacy policy. All of the information obtained from our web site will be used for processing purposes only. The only e-mails you will receive from SunnySideofGreen.com are updates to any recent orders and/or returns.

Safe Shopping Guarantee

Fair Credit Billing Act: We guarantee that every online transaction you make will be 100% safe. This means you pay nothing if unauthorized charges are made to your card as a result of shopping at our online store. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 for fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made while using our secure server. In the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

Change orders

You may request a change to your order provided the order has not already been charged to your account. Please call 1-347-453-8577 during SunnySideofGreen.com 's hours of operation to request a change to your order. Please have your sales order (SO) or customer number ready for better assistance. We strongly discourage sending change order requests via email because it is unlikely we will receive the message in time to make an adjustment due to the sheer volume of emails we receive each day.

Cancel orders

You may request than an order be cancelled provided the order has not already been processed and shipped. Simply call 1-347-453-8577 during SunnySideofGreen.com 's hours of operation to request an order cancellation. You will receive a credit for the full amount to your credit/debit card in approximately 1-2 business days. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.

Resellers

Unfortunately, we do not currently have a reseller or discount program available at this time. SunnySideofGreen.com currently already negotiates the best possible price for you, and offers these great discounts to all of our customers through our web site. Anytime we receive any specials or promotions, we will immediately post them on our web site for you to take advantage.

·   Tax: All customers outside of Georgia will not be charged any state sales tax. Therefore, there is no need to fax or set up any reseller tax exemption form.

·   For Georgia Resellers: please place your first order as normal, and fax over your reseller permit and this form with your Sales Order number. We will remove all tax from your order. Click here to view and print our reseller tax exemption form.

Volume discounts

SunnySideofGreen.com does not have a reseller or discount program available at this time. We work hard to negotiate the best values on the Internet and offer these tremendous values to all of our customer via our website. All of the inventory shown online is live, posted in real-time, and accessible 24/7/365. We also do our best to advertise any specials, promotions or rebates for our customers' benefit.

Product listings

SunnySideofGreen.com strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, SunnySideofGreen.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from SunnySideofGreen.com are provided as resources to customers looking for additional information and/or professional opinion. SunnySideofGreen.com does not assume responsibility for the claims and/or representations made on these or any other websites.

Product Revisions

SunnySideofGreen.com is not responsible for changes or variations in product specifications and/or physical appearance. In the interest of our customers, SunnySideofGreen.com puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. SunnySideofGreen.com relies on the manufacturer to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, SunnySideofGreen.com will not be held responsible for product revision changes.

Product reviews

SunnySideofGreen.com reads all reviews before posting them and reserves the right to deny any review.

Here are some of the things that can cause a review to be denied:

·   Offensive or abusive language.

·   Prices and availability can change very quickly on the SunnySideofGreen.com website, so please leave such information out of your review.

·   Hyperlinks / URLs.

·   References to other stores / resellers.

·   Comments on products that were either physically damaged or misused.

·   Replies to existing customer reviews; please do not attempt to initiate discussions here.

·   Comparisons to competing brands / products of competing brands.

·   Criticism of SunnySideofGreen.com's service or the service of our operations partners. (FedEx, UPS, Paypal, etc.)

·   References to aftermarket procedures or installation techniques not mentioned specifically in the original product documentation (tweaking/modding, etc.)

·   Illegal content

·   Invasions of personal privacy

·   Pornography or obscenity

·   Hate or incitement of violence, threats of harm or safety of a person

·   Graphic violence or other acts resulting in serious injury or death

·   Any violations of copyright. Please see our DMCA policy for more information.

·   Any violation of laws and/or copyrighted musical works.

We may change these policies at any time without notice.

Purchase Agreement

By accepting delivery of any product delivered from SunnySideofGreen.com ("SunnySideofGreen.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and SunnySideofGreen.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and SunnySideofGreen.com . Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from SunnySideofGreen.com .

Satisfaction Guarantee

SunnySideofGreen.com offers our Customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:

·   7-day refund/replacement guarantee on Retail, OEM and Open Box products. All other Open Box merchandise has a 15-day warranty period. All refunds on processors will be subjected to a 15% restocking fee to reflect the current market value.

·   Downloadable software and or e-books has no physical assets. A letter of destruction with confirmation from Digital River that the product has not been downloaded are required within 15-days for refund approval.

·   DVDs are non-refundable and may be exchanged within 30-days of the invoice date for the same item only through SunnySideofGreen.com via a shipping label included with their original delivery.

·   If you wish to return a Bundle Special for a refund, you must return the ENTIRE BUNDLE within 30 days of purchase. Note that a 15% restocking fee will be applied. Components within a Bundle Special may be returned for repair/replacement only. Individual items may only be returned for repair/replacement if an RMA number is acquired within the Return Policy period.

·   Manufacturer Kits are different than bundles as they are arranged by the brand/manufacturer and will only have one item number. Warranty guidelines have yet to be stipulated.

To take advantage of SunnySideofGreen.com 's satisfaction guarantee, the Customer must comply with the Product Return Procedure detailed below. Any breach of SunnySideofGreen.com 's Return Policy Procedure will result in the loss of SunnySideofGreen.com 's refund/replacement guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.

Product Return Procedure

·   To return a product in compliance with SunnySideofGreen.com 's satisfaction guarantee, you must obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). Please click here to acquire an RMA number. All RMA requests must be filed online. SunnySideofGreen.com will not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by SunnySideofGreen.com . RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.

·   Customer is solely responsible for shipping any returned product to SunnySideofGreen.com . Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, SunnySideofGreen.com 's Return Procedure will be breached and SunnySideofGreen.com may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the missing component(s).

·   SunnySideofGreen.com will not refund to Customer the original shipping charges. In addition, SunnySideofGreen.com will assess a 15% restocking fee against the Customer's account on all returns for refund.

Warranties; All product sold "AS-IS" or "With All Faults"

SUNNYSIDEOFGREEN.COM IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY SUNNYSIDEOFGREEN.COM ARE NOT MANUFACTURED BY SUNNYSIDEOFGREEN.COM . THE PRODUCTS MAY, HOWEVER, BE COVERED BY EACH MANUFACTURER'S WARRANTY, SERVICE, AND SUPPORT POLICY (IF PRESENT). SUNNYSIDEOFGREEN.COM ASSIGNS AND PASSES THROUGH TO THE CUSTOMER ANY WARRANTY OF THE MANUFACTURER, AND CUSTOMER ACKNOWLEDGES THAT IT SHALL HAVE RECOURSE ONLY UNDER SUCH WARRANTIES AND ONLY AS AGAINST THE MANUFACTURER OF THE PRODUCTS. SUNNYSIDEOFGREEN.COM MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. SUNNYSIDEOFGREEN.COM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.

ALL ITEMS SOLD THROUGH SUNNYSIDEOFGREEN.COM ARE SOLD "AS-IS" OR "WITH ALL FAULTS." THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE ITEMS IS WITH THE BUYER. SHOULD ANY OF THESE ITEMS PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE MANUFACTURER, DISTRIBUTOR, OR SUNNYSIDEOFGREEN.COM , ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

Year 2000 Policy

Customer's only recourse for any "Year 2000" issue is against the applicable manufacturer under its manufacturer warranty. Please contact the manufacturer to determine warranty coverage for "Year 2000" compliance problems. SunnySideofGreen.com DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO "YEAR 2000" COMPLIANCE OF ANY PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARICULAR PURPOSE.

Limitation of Liability

IN ALL CIRCUMSTANCES SUNNYSIDEOFGREEN.COM 'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. SUNNYSIDEOFGREEN.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. SUNNYSIDEOFGREEN.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT SUNNYSIDEOFGREEN.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

·   You use the service plan purchased as part of the same order to replace an existing service plan you have with the same company.

Customer authorizes SunnySideofGreen.com to initiate a charge to the credit card or other payment method was used to purchase the Equipment in the amount of $250.00, the Equipment Discount, if it is due.

Recordings

SunnySideofGreen does not consent to having any telephone calls recorded and reserves the right to terminate any call that is being recorded. Customer agrees not to record any call with SunnySideofGreen unless Customer has provided clear and conspicuous notice to SunnySideofGreen and has received prior written consent from SunnySideofGreen.

General Terms and Conditions

Orders

An order is not binding upon SunnySideofGreen.com until it is accepted; SunnySideofGreen.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with SunnySideofGreen.com . You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Shipping Charges

Your total cost for purchase of any product will include shipping and handling charges shown on the SunnySideofGreen.com invoice.

Risk of Loss

SunnySideofGreen.com will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. SunnySideofGreen.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow SunnySideofGreen.com to sign appropriate documents on Customer's behalf to permit SunnySideofGreen.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. SunnySideofGreen.com will advise Customer of estimated shipping dates, but SunnySideofGreen.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.

Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or the sales transaction between SunnySideofGreen.com and Customer shall be governed by the laws of the State of Georgia, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. SunnySideofGreen.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Georgia, Cobb County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against SunnySideofGreen.com that is more than one year after the date of the applicable invoice.

Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Georgia law.

Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.

Entire Agreement

These terms and conditions, together with SunnySideofGreen.com 's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between SunnySideofGreen.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between SunnySideofGreen.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.

(V1.00: 8-01-09)