TERMS OF USE

Please CAREFULLY READ the following terms of service relating to your use of our Sites, this site, and all sites listed below under our brand. By using our Sites and this site you agree to these terms of service.

UPDATES
We reserve the right to change the terms of service and privacy policy and they remain subject to change at any time and at the sole discretion of the owner and operator of our Sites and this site. These Terms of Service were UPDATED January 8th, 2024.

Please visit our Sites and this site regularly if you wish to receive updates.

By using or utilizing our Sites and/or this site after we post any changes to our terms of service, privacy policies, earnings disclaimers, and/or copyright notices, you agree to abide by and accept those changes and updates, whether or not you have been notified about them or reviewed them. If at any time you choose not to accept these terms of service, privacy policies, earnings disclaimers, and/or copyright notices, please do not visit, use, or utilize any of our Sites or this site.

ACCESSIBILITY
If you are having difficulty viewing or navigating the content on our website or find a feature or functionality that is not fully accessible to you, please call our Customer Service team Monday to Friday, 9am-5pm EST., or email us using our website contact page information.

Please provide a description of the specific difficulty you are having with our website and your preferred contact details for better assistance.

ColibriNursery.com is committed to making our website’s content accessible and user friendly to everyone.

OWNERSHIP / COLLECTORS OF INFORMATION
These terms of service apply to your use of all of the Sites and services owned or operated us.

This document is posted for your reference by Colibri Nursery LLC. and ColibriNursery.com, collectively referred to hereinafter in this document as: “we”, “us”, “our”, “our page”, “our pages”, “our Site”, “our Sites”, “this site”, “this sites”, “the Site”, “the Sites”, and/or Colibri Nursery LLC. and ColibriNursery.com created by Colibri Nursery LLC. and any other site that we or our businesses, companies, or interests have owned or operated, do own and operate, or may own or operate in the future (collectively, the “Site” and/or “Sites” and/or “our Site” and/or “our Sites”). Unless we say otherwise, all references to our Sites and this site in these terms of service include any and all such sites, web sites, and domains. These terms of service do not apply to your use of unaffiliated web sites to which any of our Sites or this site may link to or direct you to. Please visit those web sites for more information regarding their respective terms of service and policies.

These terms of service also apply to all of the terms of service, copyright(s), privacy policy(s), and earnings disclaimer(s) associated with our Sites, our domains, our brands, our businesses, our companies, and our interests.

If you have any questions about these terms of service you may contact us using the information provided on the contact page of this site.

RESTRICTIONS
All the content(s) of our Sites and this site are protected by copyright and trademark laws and are now and will always remain the property of their respective owners, and all information on our Sites and this site is copyrighted. Unless otherwise noted, you may access and use the information and materials within our Sites and this site for your personal use. You may not delete, change, modify, display, transmit, adapt, exploit, copy for distribution or sale any information, material, trademark, or copyright on our Sites or this site. You must always obtain written permission from us or any other entity that owns intellectual property on our Sites or this site before you can publish, distribute, display, or commercially exploit any material from our Sites or this site. By using our Sites or this site, you agree to abide by all terms of service, privacy policy(s), copyright notice(s), and/or earnings disclaimer(s), including but not limited to any other posted restrictions.

SUBMISSIONS
Your comments are welcome about any of our Sites and this site. However, we will not review or consider any unsolicited creative submissions or suggestions for topics within our newsletters or products. Please understand that this policy is intended to avoid any and all possibility of future misunderstandings in the event that some or any of the ideas developed by us or our staff might appear or seem similar to any ideas submitted to us for consideration. Under no circumstances will we review unsolicited creative submissions or suggestions for topics within our newsletters, audios, videos, products, programs, or content(s). Accordingly, we respectively ask that you do not send us ANY original creative ideas, concepts, suggestions or materials. If, despite our request, you send us any idea(s), concept(s), suggestion(s) or material(s) (“Submission”), said Submission shall immediately become our property both creatively and intellectually, upon receipt. We will not be subject to any obligation of confidence or consideration for any Submission, and we will not be liable or held liable in any case for any use or disclosure of any Submission. In the case that you submit something unsolicited to us, we will immediately and exclusively own all the rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose we deem necessary, without consideration, compensation, or notification to the provider of the Submission. Given this fact, we again, sincerely ask you to refrain from submitting creative ideas, concepts, or projects to us, especially those that are personal or confidential to your business or yourself.

DISCLAIMERS
We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas, knowledge, experiences, or conceptual strategies listed on our Sites and this site as well as those that are provided in our newsletters, email campaigns, promotions, advertisements, products, and/or programs. The claims, information, data, examples, services, products, and materials on our Sites and this site are provided “as is” and without warranties of any kind, either expressed or implied. The only exception is the guarantees of satisfaction that are plainly and clearly labeled and designated as guarantees in writing on our Sites. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of our content(s), newsletters, email campaigns, promotional offers, advertisements, products, programs, information, or services displayed or offered on this site in terms of their effectiveness, accuracy, logical design, reliability, or otherwise. Neither we nor any of our respective licensors or suppliers warrant that any functions or functionality contained in our Sites or this site will ever be or continue to operate uninterrupted or without error, that errors and/or defects will be fixed or corrected, or that our Sites or this site or the server or servers that make our Sites or this site available online are free and clear of viruses or any other agents or components of a harmful nature. You (not we or any of our respective licensors or suppliers) always assume the entire cost of all necessary parts, maintenance, servicing, repair, and/or corrective labor and restoration to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant, service, or guarantee any content(s), products, programs, services, presentations, presenters, claims, offers, coaching, or other products offered on our Sites, this site, or those we link to. We are not a party to and do not track or monitor any transaction(s) between users and third-party providers of products, programs, services, hardware, or software.

LIMITATION OF LIABILITY
Under absolutely no circumstances including but not limited to negligence, will we or any of our licensors or suppliers be liable or held liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on our Sites or this site, or any products or services provided pursuant to our Sites or this site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing our Sites, this site, or using our products or our services.

Under absolutely no circumstances, directly or indirectly, will we be liable or held liable or be responsible or held responsible for any loss or damages caused or alleged to have been caused to you in connection with your use of any products, goods, services, or advice you receive from a contributor, forum user, or other guest on our Sites or this site, or in our products or in our services.

We are not liable or responsible and will not be held liable or held responsible for any loss or damage caused or alleged to have been caused by or to our guest(s) or contributors in connection with the display of their photo(s), their name(s), their biography(s), their web site(s), their comment(s), their product(s), their service(s), and/or any of their other respective content(s) including but not limited to their overall attitude(s), demeanor(s), behavior(s), and any vulgarities, inappropriate behaviors, or other general levels of offense relating to such guest(s), their performance(s), and/or their presentation(s) that are posted on our Sites, on this site, and/or in our marketing, our advertising, our newsletters, our email campaigns, our promotions, our products, our services, our audios, our videos, and/or our webinars.

INDEMNIFICATION
All user’s of our Sites and this site agree to defend, indemnify, and otherwise hold harmless our Sites, this site, ColibriNursery.com, and its officers, directors, agents, employees, and assigns from and against any cause of action or claim, including legal fees, related to User’s Prohibited Conduct and/or user’s violation of any of the terms of service, privacy policy(s), earnings disclaimer(s), and copyright notice(s), including these documents related terms, conditions, and procedures, and/or any other improper or illegal use of our Sites, this site, or any of the related content(s) of our Sites and/or this site.

SECURITY
All Users of our Sites and this site are expressly prohibited from attempting to violate or violating the security of our Sites and this site. We and/or our assigned agents and representatives will investigate any and all occurrences of possible violations, attempted violations, or suspected violations and will cooperate with all applicable law enforcement authorities in prosecuting violators to the fullest extent allowable by law.

CONFIDENTIALITY AND NON-COMPETE CLAUSE
Users of our Sites and this site hereby understand and agree that the content(s), program(s), product(s), information, technologies, and intellectual knowledge displayed, expanded on, illustrated, and/or shared on our Sites and this site are copyrighted. It is an express violation of our copyrights to duplicate, distribute, record, disseminate and/or share our copyrighted or proprietary information in any way, shape, form, or manner whatsoever without our full and express written permission. Any and all unauthorized use or distribution of our Sites and/or this sites copyrights and proprietary and intellectual property rights by you, your wife, your kids, your mother-in-law, your cousins, your family members, your co-workers, your agents, or your representatives is strictly prohibited by law.

We will initiate and take legal action to the full extent of the law in order to protect our rights and the copyrights of our Sites, this site, and all of our related content(s). We will pursue full damages as allowed by law if these terms, policies, rights, copyrights, proprietary rights, or our intellectual property rights are violated.

INTERNAL AND EXTERNAL LINKS
These terms of service apply to our Sites and this site, and not to web sites of any other companies, organizations, non-profits, or governing bodies, including those that our Sites or this site link to. We do not maintain, create, endorse, or take any responsibility for the claims, contents, advertising, products or other online or offline materials made available through any other web site, including those our Sites or this site link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content(s), goods, or service(s) available on any other web site. Other web sites may link to our Sites or this site by permission only. To seek our permission, you may contact us on the home page of this site.

We expressly reserve the right to rescind any permission granted to you or any organization or to any web site in which we approve linking to our Sites or this site, and to require termination of any such link to any of our Sites or this site at our sole discretion, at any time we choose and for any purpose or reason we deem appropriate.

FORUMS
The terms “forum” and “forums” and “forum(s) are defined as, constitute, refer to, and mean any and all comment(s), comments section(s), commenting area(s), chat room(s), message board(s), user review(s), or any interactive service(s) appearing on any of our Sites or this site and includes any and all public and private folders and domains.

You must always register in accordance with the instructions found on our Sites to contribute to any and all forum(s). You may never post on any forum(s), or send to any forum user, our staff, or other user any abusive material or material that is threatening, harassing, libelous, vulgar, defamatory, obscene, invades a person’s privacy, violates any intellectual rights, copyrights, property rights, or that would otherwise violate any law. You may never use any forum in any commercial manner. You may not post material that advertises or solicits goods or services or that solicits funds or financial transactions in any way or of any nature. You may under no circumstances post material known to be false. You may never post messages that contain stock touts or financial advice of any kind. You may never post or transmit any information, software, or other material that contains a virus or other harmful agent. We are not responsible for material appearing in any forum(s) on our Sites or this site, except for material signed by our identified authorized representatives and agents. We are not responsible for screening material posted by users for copyright or trademark infringement, libel, obscenity, invasion of privacy, accuracy, or for any other reason whatsoever. We will always retain, however, the right to modify or remove any and all comments, messages, posts, or any other content(s) or material that we in our sole discretion deem to be or consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise in any manner inappropriate, incongruent, unacceptable, illegal, or otherwise compromising the general stated or unstated purpose(s) of our forum(s), our Sites, or this site. We also reserve the right to edit any and all comments, messages, posts, or any other content(s) or material for any other reason. Regardless of action by us, you the user(s) remain solely responsible for the content(s) of your comment(s), message(s), post(s), or any other content(s) or material(s) you post and/or place in our forum(s), on our Sites, or on this site, whether or not we modify or remove such content(s) or material(s).

By posting, placing, and/or sending comments, messages, posts, or any other contents or material in our forum(s), on our Sites, or on this site, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the perpetual, nonexclusive, worldwide right to use your comments, messages, posts, postings, questions, contents, and any and all other material posted and/or placed by you in both original and/or edited form as determined by us, in both our ongoing online and offline advertising, newsletters, direct mail campaigns, email campaigns, CPA and PPC advertising, SEO and SEM advertising, media broadcast productions, articles, books, commentaries, chat, mobile based text messaging, mobile-app push notifications, product support, forum support, legal support, and/or in any other medium now known or later developed. You Are Not Entitled To Any Compensation For Any Content(s), Any Material(s), or Anything Else of Any Other Nature You may Post in/on our forum(s), our Sites, or this site.

For purposes of clarity and redundancy, all users and you are herein notified and placed on notice and all users and you understand and agree, we may use in original and/or in edited form as determined by us, any and all comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) posted by you in/on our forum(s), our Sites, and this site in any and all our ongoing efforts both online and offline and including but not limited to marketing, advertising, direct mail campaigns, newsletters, email campaigns, CPA and PPC advertising, SEO and SEM advertising, media broadcast productions, articles, books, commentaries, chat, mobile based text messaging, mobile-app push notifications, product support, forum support, legal support, and/or in any other medium now known or later developed.

You also warrant that you own or otherwise control all of the rights to the comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) you have posted in/on our forum(s), our Sites, and/or this site and that the public posting and use of such comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) by us will not infringe on the rights of any third party. Additionally, you warrant that any and all “moral rights” in your posted comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) on our forum(s) have been waived. You Are Not Entitled To Any Compensation For Any Content(s), Any Material(s), or Anything Else of Any Other Nature You may Post in/on our forum(s), our Sites, or this site.

We may always at our discretion, suspend and/or terminate the registration of any forum(s) user or general user who violates any of the forum or forum(s) member guidelines, any of these conditions, terms of service, privacy policy(s), earnings disclaimer(s), copyright notice(s), or for any behavior that we deem in our discretion to be inappropriate, incongruent, or out of alignment with the stated or non-stated purpose(s) of any of our forum(s), our Sites, and/or this site. Any suspension and/or termination of a general users or of a forum(s) users registration for any violation(s) or reason(s) stated above in no way dictates or indicates that any or all or none of said suspended and/or terminated general users or forum(s) users comment(s), message(s), post(s), content(s) question(s), posting(s), testimonial(s), story(s), and any and all other content(s) and/or material(s) that have been posted in the past in/on our forum(s), our Sites, and/or this site will immediately now or ever in the future be removed, taken down, hidden from our forum(s), our Sites, or this site, or usage thereof removed from or discontinued in our ongoing efforts both online and offline and including but not limited to marketing, advertising, direct mail campaigns, newsletters, email campaigns, CPA and PPC advertising, SEO and SEM advertising, media broadcast productions, articles, books, commentaries, chat, mobile based text messaging, mobile-app push notifications, product support, forum support, legal support, and/or in other medium now known or later developed. This decision to continue to use or utilize or discontinue or remove any content(s) of our forum(s), our Sites, or this site, and including any of our other stated online and offline activities based on a user(s) violation(s), suspension(s), and/or termination(s) of forum(s) registration shall always remain at our sole discretion.

EXPLICIT LANGUAGE AND MATURE CONTENT
Our Sites are expressly non-pornographic in nature, and we have no intent of participating in or delivering pornographic content. That being stated, our Sites and this site may discuss mature topics from time to time. Our Sites and this site may use mature language in stories, examples, and content(s) relating to professional growth, personal growth, life in general, and any other experiences we may otherwise find relevant to our topics and/or modern life. At times the articles, images, experiences, examples, and stories used for illustrative purposes may use mature language, adult language, explicit language or contain other adult themes and adult content. Any and all users who are uncomfortable with mature, adult, or explicit language or adult images and themes should not use our Sites or this site. Furthermore, any and all users who are offended by mature, adult, or explicit language or adult images and adult themes should not use our Sites or this site.

PARENTAL PERMISSION
Our Sites and this site’s purpose(s), content(s), promotions, offers, audio’s, video’s, banners, advertisements, coaching, and/or other online activities are not intended for, designed for, created for, intentionally advertised to, or otherwise directed toward minor children under the age of 18 and we will not knowingly collect personally identifiable information from minor children under the age of 18. We strongly recommend to parents for parents to participate in their minor children’s use and exploration of the internet, online environments, online communities, and any online services that their minor children may be interested in, in order that parents of minor children under the age of 18 may become aware, remain aware, and continually monitor the online activity of their under-aged minor children and as parents of under-aged minor children act as responsible adults in making their own individual determinations regarding what online web site(s), environment(s), and content(s) are suitable and correct for their own under-aged minor children regarding the appropriateness of content(s), their minor children’s access to such content(s), and their minor children’s use of such content(s). We also strongly urge parents to understand and utilize the use of their browser’s parental controls to limit the areas of the internet to which their minor children have access. We may at our discretion, require users under the age of 18 to obtain the consent of a parent or guardian in order to view certain portions of our content. We may also limit access to certain content to users above a specified age when deemed appropriate by us or when restricted by law. By using our Sites and this site you hereby agree to abide by any and all such restrictions, and not to aid or help anyone of any age avoid these restrictions. If you are a minor under the legal age of 18, please leave our forum(s), our Sites, and this site immediately unless you have your parent(s) or legal guardian(s) authorization to do otherwise.

NO PROFESSIONAL ADVICE
The information contained in or made available through our Sites and this site (including but not limited to information contained on message boards, forum(s), text files, video, chats, push notifications, or other communications) can never substitute for or replace the services of trained professionals in any field, including, but not limited to, medical professionals, mental health and psychological professionals, or legal professionals. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We, our forum(s), our Sites, this site, and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through our forum(s), our Sites, or this site. Neither we nor any of our partners, or any of our affiliates, or any of their affiliates, will be liable or held liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to monetary loss, sickness, illness, injury, or death. You are responsible and accountable for your decisions yourself so always consult your own professional(s). You are responsible and accountable for your actions and results in life so always consult your own professional(s). By your use of our forum(s), our Sites, and this site, you freely accept any and all of these conditions, terms of service, privacy policy(s), earnings disclaimer(s), and copyright notice(s), and you agree not to hold us liable or attempt to hold us liable for any such decisions, actions, or results at any time, under any circumstance, or in any manner.

GOVERNANCE
These terms, conditions, notices, policies, and/or provisions will be governed by and construed in accordance with the Laws of the State of Florida, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms, conditions, notices, policies, and/or provisions will be subject to mediation in the State of Florida. If any of these terms of service, conditions, notices, policies, or provisions in any of our company terms of service, privacy policy, earnings disclaimer, and/or copyright notice(s) are found unlawful, void, or for any reason unenforceable, then that term, condition, notice, policy, or provision will be considered severable from the remaining terms of service, conditions, notices, policies, and provisions and will not affect the validity and enforceability of the remaining terms, conditions, notices, policies, and provisions in these documents. These terms may be changed, adjusted, or modified from time to time as needed, but only by our posting of changes to these terms, conditions, notices, policies, provisions and/or terms of service on our Sites and/or this site.

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