Terms of Service

terms of service (1)

Terms And Conditions Of Your Use Of This Web Site

The following agreement governs your use of this web site. If you have any questions at all about this agreement, please feel free to e-mail us at: info@gardenrosesdirect.com.

Acceptance Of Terms Through Use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not register or attempt to use Garden Roses Direct. Access to Garden Roses Direct is available to authorized users subject to the terms and conditions as described in this Agreement. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

1. Proprietary Rights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Garden Roses Direct, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Garden Roses Direct is strictly prohibited.

2. On-line Conduct

User shall not engage in any conduct that restricts or inhibits any other User from using or enjoying Garden Roses Direct. User agrees to use Garden Roses Direct only for lawful purposes. User shall not post on or transmit through Garden Roses Direct any unlawful, defamatory, libelous, vulgar, obscene, abusive, harassing, harmful, threatening, or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. User shall be solely responsible for ensuring that User’s Account shall not be used in any manner which constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. User covenants and agrees to defend, indemnify and hold harmless Garden Roses Direct and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to any breach of any of the foregoing provisions of this agreement involving use of User’s Account. If you choose to participate in or use any of the marketing services available on Garden Roses Direct, you must always use your real name, and you will remain solely responsible for the materials created and the content of your messages posted on Garden Roses Direct.

3. No Warranties/Limitation of Liability

Garden Roses Direct is provided on an “as is,” “as available” basiswithout warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchant ability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

Under no circumstances, and under no legal theory, whether in tort, contract or otherwise, shall Garden Roses Direct, any of its subsidiaries, affiliates, parent companies, suppliers or independent contractors, or any of their directors, officers, employees, or agents, or anyone else involved in developing or distributing Garden Roses Direct (all of the foregoing are hereinafter collectively referred to as the “Garden Roses Direct parties”), be liable for any economic harm resulting in any way from the use of, or inability to use, Garden Roses Direct, including, without limitation, any economic harm resulting from reliance on any network content or resulting from any interruptions, work stoppages, computer failures, communication failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind.

4. Jurisdiction

This Agreement shall in all respects be governed by and construed in accordance with the laws of the State of Florida, County of Miami-Dade, regardless of the law, choice of law, or conflict of laws of any other jurisdiction.

5. Privacy

Garden Roses Direct reserves the right to disclose certain personal information which you provide during registration (i.e., your name, Internet and mailing addresses, daytime telephone number) to third parties for the purpose of providing you with information about their services and products, unless you elect during registration not to have these third parties send e-mail to you regarding their services and products. You may request to be removed from our mailing list at any time by sending an e-mail request to info@gardenrosesdirect.com. However, if you respond to a survey, request information, conduct a transaction, or subscribe to a service involving a third party via Garden Roses Direct you consent to having your personal information disclosed to that third party. Furthermore, Garden Roses Direct may collect demographic information and information regarding your usage of specified areas and discloses such information to third parties, although in so doing Garden Roses Direct will not disclose your personal identity.

6. Indemnification

User covenants and agrees to defend, indemnify and hold harmless Garden Roses Direct and its subsidiaries, affiliates, parent companies, suppliers and independent contractors, and their officers, agents and employees (collectively, together with Garden Roses Direct, the “Indemnities”) from and against, and to pay or reimburse the Indemnities for, any and all economic harm resulting from, arising out of, or related to (i) any breach by User of any term or condition of this Agreement, (ii) the placement or transmission by or through User or User’s Account of any Network Content on Garden Roses Direct If any action shall be brought against any Indemnity in respect to which indemnity may be sought against User under this Agreement, User shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any such Indemnity shall have the right to employ separate counsel in any such action and participate in the defense thereof, but the fees and expenses of such separate counsel and participation shall be borne by such Indemnity unless otherwise agreed to in writing by User.

7. Further Reservation of Garden Roses Direct Rights

Garden Roses Direct, in its sole discretion, may, at any time and from time to time, and in any manner modify this Agreement and adopt additional terms and conditions governing Users’ access and use of Garden Roses Direct. Any modification or addition is effective immediately upon its posting in this location or any other location designated for such purposes on Garden Roses Direct or upon transmittal of written notice thereof to User.

Garden Roses Direct reserves the right, in its sole discretion, to select Users and to refuse service or subscription to Garden Roses Direct to any person or entity for any reason or for no reason whatsoever. Garden Roses Direct may terminate immediately and without notice the Account of any User who misuses Garden Roses Direct or fails to comply with any term or condition of this Agreement.

Garden Roses Direct may, at its sole discretion, modify, supplement or discontinue any aspect of Garden Roses Direct, including, but not limited to, (i) restricting the hours or dates of access to Garden Roses Direct, (ii) restricting the means of access to Garden Roses Direct to certain computer types and to certain operating systems, (iii) limiting the amount of access time and/or use permitted, and (iv) restricting or terminating any User’s right to access or use Garden Roses Direct or any portion thereof, at GardenRosesDirect.com’s sole discretion and without prior notice or liability. Garden Roses Direct reserves the right to change or add any fees or charges for access or use of Garden Roses Direct at any time effective upon ten (10) days’ prior notice.

8. Termination

Either User or Garden Roses Direct may terminate User’s Account at any time, for any reason or no reason at all. User’s only right with respect to any dissatisfaction with (i) any term or condition of this Agreement or any change therein, or any decision, policy, or action of Garden Roses Direct in operating Garden Roses Direct, or (ii) the quality, quantity or any other aspect of the Network Content available at any time through Garden Roses Direct or any change therein, is to terminate User’s Account by delivering written notice thereof to Garden Roses Direct.com.

Garden Roses Direct may terminate User’s Account, or suspend any individual User’s access to all or any part of Garden Roses Direct, without notice, for any reason, including, without limitation, for any conduct that Garden Roses Direct, in its sole discretion, believes violates this Agreement, interferes with another User’s use or enjoyment of Garden Roses Direct, or is harmful to another User or participant in Garden Roses Direct.

User acknowledges and agrees that the provisions of this Agreement shall survive the termination of User’s Account and User shall thereafter remain bound by such provisions.