Last Modified: September 2021
Please read these Terms carefully before you start to use a Website. By using a Website or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Websites.
The Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using a Website, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
Article 2: Changes to these terms
Company may revise and update these Terms from time to time in Company’s sole discretion. All changes are effective immediately when Company posts them and apply to all access to and use of a Website thereafter.
Your continued use of a Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Article 3: Accessing a Website and Account Security
Company reserves the right to withdraw or amend a Website, and any service or material Company provides on a Website, in Company’s sole discretion without notice. Company will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, Company may restrict access to some parts of a Website, or an entire Website, to users, including registered users.
You are responsible for:
(a) making all arrangements necessary for you to have access to a Website and
(b) ensuring that all persons who access a Website through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of a Website’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to a Website or portions of it using your username, password, or other security information. You agree to notify Company immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Company has the right to disable any user name, password, or other identifier, whether chosen by you or provided by Company, at any time in Company’s sole discretion for any or no reason, including if, in Company’s opinion, you have violated any provision of the Applicable Terms.
Article 4: Our Intellectual Property Rights
The Websites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection, and arrangement thereof) are owned by Company, its affiliates, its licensors, or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights laws.
These Terms permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on a Website, except as follows:
(a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(b) you may store files that are automatically cached by your web browser for display enhancement purposes;
(c) you may print or download one copy of a reasonable number of pages of a Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
(d) if Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the end user license agreement for such applications;
(e) if Company provides social media features with certain content, you may take such actions as are enabled by such features; and
(f) as otherwise explicitly allowed by these Terms or any other Applicable Term.
You must not:
(i) modify copies of any materials from a Website;
(ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
(iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from a Website.
Except as explicitly allowed by these Terms or any other Applicable Term, you must not access or use for any commercial purposes any part of a Website or any services or materials available through a Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of a Website in breach of these Terms, your right to use the Websites will cease immediately and you must, at Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to a Website or any content on a Website is transferred to you, and all rights not expressly granted are reserved. Any use of a Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Article 5: Trademarks
All names, logos, product and service names, designs, and slogans related to Company’s name, branding, products, and services are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
Article 6: User conTent
A Website may permit users to post, submit, publish, display, or transmit to other users or other persons (“collectively, “Post”), or Company may seek permission from users to Post on a Website, content or materials provided by a user (collectively, “User Content”) (including through message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, or other interactive features). The User-Generated Content Policy found at __________________ (the “UGC Policy”), which is hereby incorporated into these Terms, governs the Posting of your User Content (whether by you or Company).
Article 7: Prohibited Uses
You may use the Websites only for lawful purposes and in accordance with the Applicable Terms. You agree not to use any Website:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in the UGC Policy;
(d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
(e) to impersonate or attempt to impersonate Company, a current or past Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Website, or which, as determined by Company, may harm Company or users of a Website or expose them to liability.
Additionally, you agree not to:
(i) use a Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of a Website, including their ability to engage in real time activities through a Website;
(ii) use any robot, spider, or other automatic device, process, or means to access a Website for any purpose, including monitoring or copying any of the material on a Website;
(iii) use any manual process to monitor or copy any of the material on a Website, or for any other purpose not expressly authorized in the Applicable Terms, without Company’s prior written consent;
(iv) use any device, software, or routine that interferes with the proper working of a Website;
(v) introduce any harmful content such as malware, viruses, trojan horses, worms, logic bombs, time bombs, or other material that is malicious or technologically harmful;
(vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of a Website, the server on which a Website is stored, or any server, computer, or database connected to a Website;
(vii) attack a Website via a denial-of-service attack or a distributed denial-of-service attack; or
(viii) otherwise attempt to interfere with the proper working of a Website.
Article 8: Reliance on Information Posted
The information presented by Company on or through a Website is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to a Website or by anyone who may be informed of any of its contents.
A Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to you or any third party, in any way for the content or accuracy of any materials provided by any third parties.
Article 9: Changes to A Website
Company may update the content on a Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on a Website may be out of date at any given time, and Company is under no obligation to update such material.
Article 10: Information About You and Your Visits to A Website
Article 11: Linking to a Website and social media features
You may link to a Website, provided you do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company’s part without Company’s express written consent.
A Website may provide certain social media features that enable you to:
(a) link from your own or certain third-party websites to certain content on a Website or
(b) send emails or other communications with certain content, or links to certain content, on a Website.
You may use these features solely as they are provided by Company, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions Company provides with respect to such features. Subject to the foregoing, you must not:
(i) cause a Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, framing, deep linking, or in-line linking);
(ii) link to any part of a Website other than the homepage; or
(iii) otherwise take any action with respect to the materials on a Website that is inconsistent with any other provision of the Applicable Terms.
The site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the UGC Policy.
You agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. Company reserves the right to withdraw linking permission without notice.
Company may disable all or any social media features and any links at any time without notice in its discretion.
Article 12: Links from a Website
If Company provides links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to a Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Article 13: Geographic Restrictions
Company is based in the State of Florida in the United States. Company provides the Websites for use only by persons located in the United States. Company makes no claims that a Website or any of its content is accessible or appropriate outside of the United States. Access to a Website may not be legal by certain persons or in certain countries. If you access a Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Article 14: Disclaimer of Warranties
You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or a Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to a Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER Company NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF A WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF A WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, The WEBSITEs, their CONTENTs, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEs ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Company NOR ANY PERSON OR ENTITY ASSOCIATED WITH Company MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITEs. WITHOUT LIMITING THE FOREGOING, EXCEPT TO THE EXTENT PROVIDED IN ANY APPLICABLE TERM, NEITHER Company NOR ANY PERSON OR ENTITY ASSOCIATED WITH Company REPRESENTS OR WARRANTS THAT THE WEBSITEs, their CONTENTs, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITEs WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITEs OR THE SERVERs THAT MAKE them AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITEs OR ANY SERVICES OR ITEMS OBTAINED THROUGH them WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, AND EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, ALL WARRANTIES OF ANY KIND ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Article 15: Limitation on Liability
EXCEPT TO THE EXTENT EXPLICITLY PROVIDED IN ANY APPLICABLE TERM, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Company, ITS AFFILIATES, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS OF THE FOREGOING BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, A WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON A WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH A WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Article 16: Indemnification
You agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to your violation of any Applicable Term (including these Terms) or your use of a Website, including, but not limited to, your User Content; any use of a Website’s content, services, or products other than as expressly authorized in these Terms or any other Applicable Term; or your use of any information obtained from a Website.
Article 17: Governing Law
All matters relating to the Websites and any Applicable Term (including these Terms), and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Article 18: Jurisdiction
Any legal suit, action, or proceeding arising out of, or related to, any Applicable Term (including these Terms) or any Website shall be instituted and maintained exclusively in the state or federal courts located in or for the City of Sarasota, Florida, although Company retains the right to bring any suit, action, or proceeding against you in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Article 19: Limitation on Time to File Claims
TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST COMPANY ARISING OUT OF OR RELATING TO THESE TERMS (OR ANY OTHER APPLICABLE TERM) OR ANY WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Article 20: Waiver and Severability
No waiver by Company of any term or condition set forth in these Terms or any other Applicable Term shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms or any other Applicable Term shall not constitute a waiver of such right or provision.
If any provision of these Terms or any other Applicable Term is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, a suitable and equitable provision will be substituted therefor to carry out the original intent as closely as possible, and the remaining provisions of these Terms and the Applicable Terms will continue in full force and effect.
Article 21: Entire Agreement
These Terms, together with any other documents expressly incorporated herein, constitute the sole and entire agreement between you and Company with respect to the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Websites.
Article 22: Your Comments and Concerns
Company is located at 3701 Bay Shore Road, Sarasota, Florida 34234.
All other feedback, comments, requests for technical support, and other communications to Company relating to any Website should be directed to marketing@SarasotaJungleGardens.com.