CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. Alex’s Flamingo Groves & Gift Shop (Alex’s) may modify these Terms and Conditions at anytime.

Disclaimer

Alex’s may change, move or delete portions of, or may add to, this web site from time to time. Your use and browsing of this site are at your own risk. EXCEPT AS OTHERWISE PROVIDED ABOVE, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, OR OUR SERVER THAT MAKES SUCH MATERIAL AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE MATERIALS ON THIS SITE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Restrictions On Use of Materials

This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Alex’s and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices.

All trademarks and logos are owned by Alex’s or its licensors and you may not copy or use them in any manner.

This site is controlled and operated by Alex’s from its offices within the State of Florida, United States of America. Alex’s makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

External Links

The site contains links to other sites. Our site and its owner are not responsible for the privacy practices or the content of other Web sites. Our site’s incorporation of such links implies no endorsement or affiliation with any of the linked sites. We are not responsible for the contents or use of any linked site. By using our site, you expressly relieve us from any and all liability arising from your use of any linked Web site. Accordingly, we encourage you to be aware when you leave our site and to read the terms and conditions and privacy policy of each Web site that you visit. Similarly, your correspondence, business dealings with, or participation in promotions of advertisers found on or through our site (including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings) are solely between you and such advertiser. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on this site.

Fees and Risk of Loss

For all charges for any products and services sold on this site, we will bill your credit card. In the event legal action is needed to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

We attempt to describe our products as accurately as possible. We do not, however, warrant that product descriptions are accurate, complete, reliable, current, or error-free. If you feel that a product offered by us is not as described, your responsibility is to contact us, so a replacement product may be issued.

Submissions

Should any viewer of a document on this site respond to Alex’s with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and Alex’s shall have no obligation of any kind with respect to such information. In addition, Alex’s shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, Alex’s shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by Alex’s Privacy Policy.

In consideration of Alex’s continuing efforts to enhance and improve these products and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to Alex’s without any compensation. You agree to execute any and all documents that Alex’s may reasonably request in connection with confirming Alex’s ownership of and unlimited right to use such ideas, concepts, know-how and techniques.

You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.

Termination

We may terminate your rights to use this site without notice if you fail to comply with any of these Terms or for any reason in our sole discretion. You will be personally liable for any orders you place or charges that you incur prior to your termination. We reserve the right to change, suspend, or discontinue all or any aspects of our site at any time, without prior notice to you.

Indemnification

You will defend, indemnify, and hold Alex’s (and any affiliated company or individual) harmless from: (i) your use of and access of this site; (ii) your violation of any of these Terms; (iii) your violation of any third-party right including any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of this site.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE OR THE CONTENT THEREON, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THIS SITE.

We respect the intellectual property of others, and we ask that you do the same. Accordingly, if you are uncertain whether material infringes your copyright (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

General Legalities

These Terms of use will be governed by laws of the state of Florida without respect to its conflict of laws provision. Any claim or dispute between you and Alex’s that arises in whole or in part from this site will be decided exclusively by a law of competent jurisdiction located in Broward County, Florida. These Terms, together with the privacy policy and any other legal notice published by Alex’s on this site constitute the entire agreement between you and us concerning this site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction then the invalidity of such provision will not affect the validity of the remaining provisions of these Terms. Our failure to insist on or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.