Terms of Use

Legal Information & Notices

Ownership of Site; Agreement to Terms of Use

These Terms of Use, along with the Privacy Policy, apply to all of Garden South Florida's ("our") digital platforms and services, including our websites and subdomains, our downloadable mobile and tablet applications, our newsletter and Garden South Florida's own social media sites ("Services"). These Services are the property of Garden South Florida.

By accessing and using our Services, you agree to be bound to these Terms of Use. IF YOU DO NOT AGREE, DO NOT USE ANY OF OUR SERVICES.

We may modify, add to, or delete portions of these Terms of Use at any time, and any modifications, additions or deletions to these terms will become immediately, prospectively effective upon posting. Please review these Terms of Use regularly. You agree that your continued use of our Services following posting of updated Terms of Use constitutes your consent to any changes.

Copyrights

Garden South Florida's content on its Services including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, videos, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained in our Content is owned, controlled or licensed by or to Garden South Florida, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All rights reserved.

Except as specifically provided in these Terms of Use, no part of our Content may be reproduced, copied, distributed, displayed, transmitted, stored in a retrieval system or used to create derivative works without prior consent of the copyright owner. You may copy and print content for your personal, non-commercial use only, provided that you include all copyright and other notices in the content, and that you do not modify the content. To request permission from Garden South Florida for any other use, please contact us at GardenSouthFlorida.com/contact-us.

Permitted Use

You may use Garden South Florida's Services and Content solely for your own personal informational purposes.

As long as you comply with these Terms of Use, Garden South Florida grants you a personal, non-exclusive, non-transferable, limited privilege to enter our website and use our Services.

Nothing contained herein shall be constructed as conferring by implication, estoppel, or otherwise any license or right to any Garden South Florida trademark or copyright. Unless expressly granted, all rights are reserved to Garden South Florida.

Prohibited Use and Conduct

You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, "mirror," to any other computer, server, Web site or other medium for publication, distribution or storage or for any commercial enterprise or for any non-personal use.

You may not use the Contents of our Services in a manner that would infringe upon our exclusive right to create derivative works, including in connection with a machine learning and/or artificial intelligence model or tool, including, without limitation (i) to train or develop any such model or tool, or (ii) to generate text, images, or any other material, output, or works using any such model or tool, whether for commercial or personal use and whether or not incorporating the same style or appearance as the contents of Garden South Florida.

You may not use any automated means, including, without limitation, any engine, software, crawler, robot, script, spider, or any other device or mechanism to harvest, mine, compile, collect, or "scrape" any information from our Services, except for purposes of indexing for inclusion in those public search engines specifically whitelisted in our robots.txt file.

You may not distribute any part of the Services or Content over any network, including a local area network, nor sell or offer it for sale. In addition, our Content may not be used to construct any kind of database, dataset or AI or LLM model.

You may not take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure.

You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of our Services or any activity conducted on our Services.

You may not use or attempt to use any automated means, including, without limitation, any engine, software, crawler, robot, script, spider, or any other device or mechanism to navigate or search the Services, except for the search engine and search agents available on our Services.

You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

You may not engage in any other conduct that restricts or inhibits any other person from using or enjoying our Services.

You may not take any action that violates or threatens our system or network security.

You may not probe, scan or test the vulnerability of our Services or any network connected to our Services, nor breach or attempt to breach the security or authentication measures of our Services.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Garden South Florida through our Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

Violations of these Terms may result in civil or criminal liability.

Injunctive Relief

You acknowledge and agree that any violation or breach of these Terms of Use causes us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these Terms of Use or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Use. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these Terms of Use, including but not limited to by preliminary or permanent injunction.

Registration

In order to use certain functionality of our Services, you may be required to complete a registration process and create an account. As a registered user of our Services, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Services registration form ("Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

During the registration process, you will provide a password and username. You are responsible for maintaining the confidentiality of the password and username, and you are fully responsible for all activities that occur under your password or username. You agree to (a) immediately notify Garden South Florida of any unauthorized use of your password or username or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless Garden South Florida from any loss or damage arising from your failure to keep your account information secure and confidential, including, without limitation, the unauthorized use of your password or username.

By registering, you consent to the collection of your data, including, without limitation, Registration Data, by Garden South Florida or through a third party service and processing of such data by Garden South Florida in connection with your use of the Service. You consent to the technical processing and transmission of data involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that processing may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

Your Content

Garden South Florida encourages original, user-generated content ("Your Content"), including, without limitation, articles, comments, ratings and reviews, photos, videos, and audio recordings.

By providing Your Content to Garden South Florida, you represent and warrant that you have the rights and ownership of that content and are not in any way prohibited from providing Garden South Florida that content.

Except to the extent prohibited by law, you hereby grant Garden South Florida a worldwide, royalty-free, perpetual, nonexclusive license to use Your Content, including, the right to display, copy, edit, process, adapt, transmit and distribute Your Content.

You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, Your Content (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of Your Content).

Garden South Florida reserves the right to remove Your Content, without prior notice, at it's sole discretion.

No Warranty

All content on Garden South Florida's Services is provided for informational purposes only and is available "as is." Garden South Florida makes no representations or warranties, express or implied, with respect to its Services or any part thereof, including any warranties of title, non-infringement of copyright, trademark or patent rights of others, merchantability, or fitness or suitability for any purpose.

Garden South Florida makes no warranties or representations, express or implied (a) that the information provided through
our Services will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors, (b) that the services will be available at any particular time or location (c) that defects or errors in the services will be corrected, or (d) that the content on the services are free of viruses or other harmful components. Any Content in our Services is subject to change without notice, and Garden South Florida disclaims all responsibility for our Services.

Remedy

If you are dissatisfied with Garden South Florida's Services and/or Content, or any other products or services provided by Garden South Florida, or with any of this Terms of Use and/or Privacy Policy, your sole and exclusive remedy is to discontinue use of Garden South Florida's Services.

Limitation of Liability

In no event will Garden South Florida, its parent company, its directors, officers, members, employees or affiliates be liable for any direct, indirect, consequential, special, incidental, or punitive damages arising out of the use of or inability to use the Services. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Garden South Florida has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Garden South Florida's liability in such jurisdictions shall be limited to the extent permitted by law.

Third Parties

Garden South Florida may provide, or third parties may provide, links to other sites or resources. Because Garden South Florida has no control over such sites and resources, you acknowledge and agree that Garden South Florida is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Garden South Florida shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with your use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

Your interactions with companies, organizations, individuals and/or advertisers found on or through our Services, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations, individuals and/or advertisers. You agree that Garden South Florida will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of our Services, or between a user and any third party, Garden South Florida is under no obligation to become involved, and you agree to release Garden South Florida and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.

Copyright Violation

If you believe that your work has been reproduced on Garden South Florida's Services without permission, please contact
GardenSouthFlorida.com/contact-us and be prepared to provide:

A description of the work you claim to be infringing and its location on Garden South Florida's Services
Your contact information, including your name, email address, and phone number
A signed statement that you are the copyright owner or an authorized agent of the copyright owner, and that you have a good-faith belief that the material as posted on the Services is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information you have provided is truthful and accurate.

Indemnification

You agree to indemnify and hold harmless Garden South Florida and its parent, subsidiaries, and affiliates, and their owners, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Terms of Use, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Applicable Law and Jurisdiction

These Terms of Use, along with the Privacy Policy, shall be governed in accordance with the laws of the State of Florida, without regard to principles of conflict of laws. Any dispute arising out of, in connection with, or related to these Terms of Use or your use of Garden South Florida's Services, shall be brought in any Federal or State Court located in Palm Beach County and the State of Florida, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Void Where Prohibited

Garden South Florida operates within the state of Florida, USA, and our Services is administered and operated from various locations within the USA. Garden South Florida reserves the right to limit, in it's sole discretion, the provision of our Services and/or Content to any person or geographic area. Our Services and Content is void where prohibited.

Our Service is not designed to be used outside the USA and may not be appropriate for use outside the USA. We take reasonable measures to block the use of our Service outside the USA. Accessing our Services from outside the United States is strictly prohibited.

No Waiver

The failure of Garden South Florida to enforce any provisions of these Terms of Use or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms of Use or to act with respect with similar breaches.

Severability

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Garden South Florida with regards to your use of our Services and Content, and any and all other written or oral agreements or understandings previously existing between you and Garden South Florida with respect to such use are hereby superseded and cancelled.