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Welcome to the TropicalPlantsOnline.com Website (the “Website”). Your use of this Website, and all Content on this Website (which includes, without limitation, any information, materials, documents, text, images, photographs, video clips, directories, files, databases, listings, service, and/or mechanisms) are subject to the binding legal terms set forth below (“Terms”).

PLEASE READ THE TERMS OF USE SET FORTH BELOW AS THEY APPLY TO YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREEMENT TO BE BOUND BY THEM AND ANY AND ALL OTHER APPLICABLE TERMS REFERENCED HEREIN ABSOLUTELY.

1. Changes to Website
We may, in our sole discretion and at any time, without notice to you, add to, amend or remove any Content from the Website, or alter the presentation, substance, or functionality of the Website.

2. Change of Terms
We may amend the Terms of Use from time to time in our sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments.

3. User’s Conduct

As a condition of your use of the Website, you must not:

  • trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
  • restrict or inhibit any other user from using and enjoying the Website. You have no rights in or to the Content available on the Website and you will not use the Content available on the Website in any manner or for any purpose, except as permitted under these Terms of Use.
  • copy, distribute, or disclose any part of the Website in any medium, including without limitation by any automated or non-automated “scraping.”
  • use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to TropicalPlantsOnline.com’ servers than a human can reasonably
  • produce in the same period of time by using a conventional on-line web browser (except that TropicalPlantsOnline.com grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  • attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website or Service;
  • not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
  • upload invalid data, viruses, worms, or other software agents through the Service;
  • access the Website through any technology or means other than those provided or authorized by TropicalPlantsOnline.com (and access to the Website through virtual private network or proxy is expressly forbidden);
  • stalk, harass, bully or harm another individual;
  • impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
  • violate any requirements, procedures, policies, or regulations of networks connected to TropicalPlantsOnline.com;
  • interfere with or disrupt the Website;
  • hack, spam, or phish us or other Users;
  • violate any law or regulation, and that you are solely responsible for such violations;
  • use our Website to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent Content.
  • post any information or content about a company or individual;
  • upload any Content to our Website that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it;
TropicalPlantsOnline.com may terminate your account or access to its Website for violating one or more of your responsibilities, for violating applicable federal or state law, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.

4. Access
Access to this Website and access and use of its Contents is expressly limited for purposes of interest in becoming a customer of TropicalPlantsOnline.com or learning about home and garden plants, plant varieties, and their care (the “Permitted Access Purposes.”) Access for the purpose of competing with TropicalPlantsOnline.com is expressly prohibited and shall constitute unauthorized access of the Website and the servers maintaining such Website. You may not download or copy content, graphics, code, and software from this Website for any purpose. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the content, graphics, code, or software without permission. Any use of information or content gathered during access which is unauthorized shall violate TropicalPlantsOnline.com’s rights therein.
We reserve the right at all times to prohibit or deny your access to the Website or any part thereof immediately and without notice, where we are of the opinion that you have breached any of the terms contained in the Terms of Use or that such prohibition or denial is appropriate, desirable or necessary in our sole discretion.

5. Third Party Content
The Content may contain Content provided by third parties or sourced by TropicalPlantsOnline.com from other references or sources. The Content on the Website may not be regarded as any recommendation or endorsement by TropicalPlantsOnline.com for any purpose with respect to any person, product, or service.
TropicalPlantsOnline.com is not responsible if any such Content is not up-to-date; TropicalPlantsOnline.com does not separately verify such Content. Accordingly, we do not accept any responsibility whatsoever in respect of such Content. Any use of and reliance on such Content is at your own risk.

6. Indemnity
You agree to defend, indemnify, and hold TropicalPlantsOnline.com harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the Website. We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any claim or action.

7. Intellectual Property Rights
All intellectual property rights subsisting in respect of the Website and its Content, belong to TropicalPlantsOnline.com or have been lawfully licensed to TropicalPlantsOnline.com for use on the Website. TropicalPlantsOnline.com, as well as page headers, custom graphics, buttons, images, and other content on this Website, are subject to trademark, service mark, trade dress, copyright, trade secret and/or other proprietary or intellectual property rights or licenses held by TropicalPlantsOnline.com. All rights under applicable laws are hereby reserved. Except with the express permission of TropicalPlantsOnline.com, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

8. Limited Liability and Warranty
All Content is for your general reference only. TropicalPlantsOnline.com does not accept any responsibility whatsoever in respect of such Content.

YOUR ACCESS TO AND USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED “AS IS,” “AS AVAILABLE.” THE WEBSITE IS FOR YOUR USE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES ON MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

TropicalPlantsOnline.com does not guarantee or assume any responsibility that:

  • the Content on the Website is accurate, adequate, current, or reliable, or may be used for any purpose other than for general reference;
  • the Content on the Website is free of defect, error, omission, virus, or anything which may change, erase, add to or damage your software, data or equipment;
  • access to the Website will be available or be uninterrupted;
  • use of the Website will achieve any particular result; or
  • defects in the Website will be corrected.

Without limiting the generality of the foregoing, in no event will TropicalPlantsOnline.com be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the Content or the Website, even if TropicalPlantsOnline.com has been advised of the possibility of such loss or damages.

In addition, TropicalPlantsOnline.com accepts no responsibility for or liability in respect of Content provided by third parties. You acknowledge and accept that any dispute in relation to such Content or services is unrelated to TropicalPlantsOnline.com and is solely a matter between you and such third party.

You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Content. You are responsible to ensure that your use of the Content complies with all applicable legal requirements.

The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

9. Partial Invalidity
The illegality, invalidity, or unenforceability of any provision of these Terms of Use under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

10. Several Users
If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.

11. Miscellaneous
No waiver of any breach under these Terms of Use will amount to a waiver of any other breach. The headings in these Terms of Use are for convenience only and do not affect interpretation.

12. Termination
We may, in our sole discretion and at any time, without prior notice to you and without cause, prohibit your right to access to the Website and its Content.

13. Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of Florida. You agree to submit to the non-exclusive jurisdiction of the Florida courts with respect to any claim arising out of or connected to these Terms of Use.

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