Terms and Conditions
Agreement between User and www.MyDragonflyGardens.com
Welcome to www.MyDragonflyGardens.com. The www.MyDragonflyGardens.com website (the “Site”) is comprised of various web pages operated by Attribute Marketing Inc. dba My Dragonfly Gardens (“My Dragonfly Gardens”, “We” and “Our”). www.MyDragonflyGardens.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.MyDragonflyGardens.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.MyDragonflyGardens.com is an E-Commerce Site.
My Dragonfly Gardens offers Florida native plants full-service. We also endorse and support the use of Florida Friendly Landscape. We recognize our limited knowledge of non-native plants and non-Florida Friendly Landscape plants. Our practices are in harmony with nature and the environment while meeting our clients’ needs. In the process, we want to show homeowners how they can have a beautiful sustainable low-maintenance garden they would love.
Visiting www.MyDragonflyGardens.com or sending emails to My Dragonfly Gardens constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that My Dragonfly Gardens is not responsible for third party access to your account that results from theft or misappropriation of your account. My Dragonfly Gardens and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Children Under Thirteen
My Dragonfly Gardens does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.MyDragonflyGardens.com only with the permission of a parent or guardian.
The ultimate goal is for you to purchase from My Dragonfly Gardens garden-related product and service that you will use, enjoy, and share with friends and family. Sometimes things happen that will force you to modify your plans or even cancel your booking. Because My Dragonfly Gardens does grow plants, we must adhere to our partners’ cancellation and refund policies. Despite that, My Dragonfly Gardens will do its best to accommodate you.
Booking cancellation will be handled as follows:
We encourage our clients to give us as much notice as possible so other clients could benefit from the time slot you releasing. A day before will still be accepted. However, because we start the day as early as 6:30 AM sometimes we are already on our way to meet your booking. In such cases, we will charge you up to half-hour per man assigned to your garden.
When you purchase products from My Dragonfly Gardens, you agree to accept our vendors’ refund policies. My Dragonfly Gardens does not produce, grow nor manufactures garden products or plants.
Replacement of Plants
Every time we start a service agreement with clients, for design, permaculture, installation, or maintenance, you will be advised to test your soil. You may complete the soil test yourself or we could do it for you for a fee. Therefore, plant selection will be based on your unique soil conditions.
Plants installed by My Dragonfly Gardens have a limited 30-day warranty. However, this replacement policy is waived if the Client has failed to secure proper irrigation, used chemicals, or fail to protect plants from overspray by third-party. Make sure to review the installation Terms of Services’ Warranty section.
Terms of Services
Each service My Dragonfly Gardens offers has its specific Terms of Service. Before receiving any service from My Dragonfly Gardens, you will have access to the corresponding Terms of Service, before accepting (opt-in) to the Terms of Service.
Links to Third Party Sites/Third Party Services
www.MyDragonflyGardens.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of My Dragonfly Gardens and My Dragonfly Gardens is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. My Dragonfly Gardens is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by My Dragonfly Gardens of the site or any association with its operators.
Certain services made available via www.MyDragonflyGardens.com are delivered by third party sites and organizations. By using any product, service, or functionality originating from the www.MyDragonflyGardens.com domain, you hereby acknowledge and consent that My Dragonfly Gardens may share such information and data with any third party with whom My Dragonfly Gardens has a contractual relationship to provide the requested product, service or functionality on behalf of www.MyDragonflyGardens.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of My Dragonfly Gardens or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. My Dragonfly Gardens content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of My Dragonfly Gardens and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of My Dragonfly Gardens or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
My Dragonfly Gardens has no obligation to monitor the Communication Services. However, My Dragonfly Gardens reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. My Dragonfly Gardens reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
My Dragonfly Gardens reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in My Dragonfly Gardens’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. My Dragonfly Gardens does not control or endorse the content, messages, or information found in any Communication Service and, therefore, My Dragonfly Gardens specifically disclaims any liability concerning the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts have not authorized My Dragonfly Gardens spokespersons, and their views do not necessarily reflect those of My Dragonfly Gardens.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.MyDragonflyGardens.com or Posted on Any My Dragonfly Gardens Web Page
My Dragonfly Gardens does not claim ownership of the materials you provide to www.MyDragonflyGardens.com (including feedback and suggestions) or post, upload, input or submit to any My Dragonfly Gardens Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting My Dragonfly Gardens, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid concerning the use of your Submission, as provided herein. My Dragonfly Gardens is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in My Dragonfly Gardens’ sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your My Dragonfly Gardens account to third party accounts. By connecting your My Dragonfly Gardens account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (per your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated, and administered by My Dragonfly Gardens from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the My Dragonfly Gardens Content accessed through www.MyDragonflyGardens.com in any country or any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless My Dragonfly Gardens, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. My Dragonfly Gardens reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with My Dragonfly Gardens in asserting any available defenses.
In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration according to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and My Dragonfly Gardens agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ATTRIBUTE MARKETING INC. DBA MY DRAGONFLY GARDENS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ATTRIBUTE MARKETING INC. DBA MY DRAGONFLY GARDENS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ATTRIBUTE MARKETING INC. DBA MY DRAGONFLY GARDENS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS CONCERNING THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
My Dragonfly Gardens reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and My Dragonfly Gardens as a result of this agreement or use of the Site. My Dragonfly Gardens’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of My Dragonfly Gardens’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by My Dragonfly Gardens concerning such use. If any part of this agreement is determined to be invalid or unenforceable according to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and My Dragonfly Gardens concerning the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and My Dragonfly Gardens concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
My Dragonfly Gardens reserves the right, in its sole discretion, to change the Terms under which www.MyDragonflyGardens.com is offered. The most current version of the Terms will supersede all previous versions. My Dragonfly Gardens encourages you to periodically review the Terms to stay informed of our updates.
My Dragonfly Gardens welcomes your questions or comments regarding the Terms:
- Attribute Marketing Inc. dba My Dragonfly Gardens
- P.O. Box 116
- Minneola, Florida 34755-0116
Email Address: terms @ mydragonflygardens.com
Telephone number: +1(407) 627-0811
Most recent revision – November 4, 2020