These Terms of Use constitute an agreement (the “Agreement”) between you and Sawgrass Recreation Park (the “Park,” “we,” or “us”). This Agreement applies to your use (including purchases) of all websites maintained by the Park, including, but not limited to, www.evergladestours.com and www.sawgrassgatorshop.com (collectively, our “Online Services”).
By accessing, browsing, or using any of the Online Services or in person services, you consent to be bound by this Agreement. Therefore, you should read all terms and conditions in this Agreement carefully. If you do not accept any term or condition of this Agreement, you may not use any of the Online Services.
By accessing, browsing, or using the Online Services or by purchasing a ticket from our third-party vendors or partners or in person, you acknowledge and warrant that, in consideration of the Park’s willingness to make the Online Services available to you:
You have read, agreed with, and will abide by the terms of this Agreement.
You are at least 18 years old. OR you are at least 14 years old, you have reviewed this Agreement with your parent(s) or guardian(s) to ensure that you all understand its terms, and both you and your parent(s) or guardian(s) consent to those terms. In addition, if you are a parent or guardian entering into this Agreement on behalf of a minor over the age of 14, you agree and accept full responsibility for your child or ward’s use of the Online Services.
You will provide true, accurate, current, and complete information about yourself, and if you provide any information that is untrue, inaccurate, not current or incomplete, or if the Park has reasonable grounds to suspect that any of the forgoing is true, your use of the Online Services may be suspended indefinitely.
You will review this Agreement and other Park policies posted to the Online Services periodically to be aware of any changes or revisions.
We may, in our sole discretion and without prior notice to you, revise this Park, modify any of the Online Services, and discontinue any of the Online Services at any time. We will post any revision to this Agreement to the Online Services, and the revision shall be immediately effective upon such posting. By continuing to access or use the Online Services after any notice of revision, you agree to abide by those revisions.
The terms and conditions of this Agreement are effective until terminated by either party. If you no longer agree to be bound by this Agreement, you must cease your use of the Online Services. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Online Services with or without notice. You agree that any termination of your access to the Online Services may be effected without prior notice, and that we may immediately deactivate or delete any of your User Content (as defined below) and bar your further access to such User Content. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Online Services.
Your Privacy
The Park respects your privacy rights and permits you to control the treatment of your personal information. The Park’s privacy policy is expressly incorporated into this Agreement by this reference.
Your Conduct
We impose certain standards on your conduct when accessing, browsing, or using the Online Services. Specifically, you shall:
Use the Online Services only for lawful purposes;
Refrain from transmitting through the Online Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, or fraudulent material, or any material that is bigoted or otherwise discriminatory toward any class of persons based upon their race, ethnicity, national origin, gender, sexual orientation, or other legally protected status — including, but not limited to, material that encourages conduct that would constitute a criminal offense, that would give rise to civil liability, or that would otherwise violate any applicable local, state, national or international law;
Refrain from transmitting through the Online Services any content that infringes any patents, trademarks, copyrights, trade secrets, or other proprietary or intellectual property rights of any third party;
Refrain from using or exploiting any component or aspect of the Online Services for any commercial or non-private purpose;
Refrain from accessing the Online Services other than through the interface we provide — including, but not limited to, by using any robot, spider, scraper, or other automated means — or from accessing content or data that you know is not intended for you and that we have not authorized you to access;
Refrain from attempting to probe, scan, or test the vulnerability of the Online Services or any associated system or network, from attempting to breach security measures without proper authorization, and from attempting to reverse-engineer, modify, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Park in providing the Online Services;
Refrain from interfering or attempting to interfere with any third party’s use of the Online Services, including, but not limited to, by submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing,” by misrepresenting the source, identity or content of information transmitted via the Online Services, or by using the Online Services to send unsolicited communications to other users;
Any conduct by you that we conclude, in our sole discretion, restricts or inhibits any other user from using or enjoying the Online Services or in person services is prohibited. Further, any violation of system or network security may subject you to civil and/or criminal liability.
Site Content
The Online Services and on site services are our proprietary property and contain information, source code, functionality, website design, databases, software, photographs, graphics, audio, video, text, images, typefaces, graphics and other material (collectively “Park Content”) that are protected by copyrights, trademarks, or other proprietary and intellectual property rights. By using or accessing the Online Services, you acknowledge that these rights are valid and protected in all forms, media and technologies existing now or later developed.
Our Intellectual Property Rights
The Park Content and trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Park Content and the Marks are provided on the Online Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Online Services and no Park Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Online Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Park Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Online Services, the Park Content and the Marks.
Limitations on your use of Park content
You may not modify, remove, delete, augment, add to, publish, transmit or participate in the transfer or sale of Park Content. You may not create derivative works from, or in any way exploit any Park Content, in whole or in part. You may not upload, post, reproduce or distribute in any way Park Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
To the extent that we allow you, through the Online Services, to obtain and use copies of any Park Content — including, but not limited to, photographs — we grant you a strictly limited, freely revocable, nontransferable, royalty-free license to use said Park Content for private, non-commercial purposes by publishing, posting, or displaying it on your social media channels.
Links to third-party sites
Occasionally, we may make available in the Online Services a link to a third party’s web site. These links will cause you to leave our Online Services for sites or services that are not under our control.
We expressly disclaim any responsibility for and make no guarantees about the accuracy, currency, content, or availability of information found on any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site. We provide the links to you only as a convenience and do not endorse any other site or service or its use or content.
We encourage discretion when browsing the internet. Because some sites employ automated search results or otherwise link to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Content that you generate
When accessing or using the Online Services, you may have the opportunity to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, or otherwise disseminate (“Post”) text, images, or other media that you create (“User Content”). You acknowledge that User Content that you Post to or via the Online Services constitutes a non-private communication.
We do not review or screen User Content that you Post, and its presence should not be considered an endorsement by the Park. We make no warranties or representations relating to the accuracy of any opinions, recommendations or other statements made by third parties who have provided User Content to the Online Services through a comment feature of the Online Services or by any other means. Posts may be viewable by other users of the Online Services and through third-party websites. As such, any Posts you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Post do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Online Services, and other users of the Online Services to use your Contributions in any manner contemplated by the Online Services and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Online Services and these Terms of Use.
Your Posts are not false, inaccurate, or misleading.
Your Posts are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Posts are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Posts do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Posts do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Posts do not violate any applicable law, regulation, or rule.
Your Posts do not violate the privacy or publicity rights of any third party.
Your Posts do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Posts do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Posts do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Posts do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Online Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Online Services.
Contribution License
By Posting User Content to or via the Online Services, you thereby grant the Park a perpetual, royalty-free, non-exclusive, unrestricted license to use such User Content for any purpose, commercial or otherwise.
By Posting User Content to or via any part of the Online Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Posts (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Posts, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Posts, and you warrant that moral rights have not otherwise been asserted in your Posts.
We do not assert any ownership over your Posts. You retain full ownership of all of your Posts and any intellectual property rights or other proprietary rights associated with your Posts. We are not liable for any statements or representations in your Posts provided by you in any area on the Online Services. You are solely responsible for your Posts to the Online Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Posts.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Posts; (2) to re-categorize any Posts to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Posts at any time and for any reason, without notice. We have no obligation to monitor your Posts.
Your communications to us
We would be pleased to hear from you regarding any comments or questions that you have about the Online Services.
Submissions
We welcome your comments regarding content, products and services on the Online Services. We request that you be specific in your comments. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, images or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish in the Online Services or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Questions and requests
Any questions regarding the terms of this Agreement or requests for permission to use materials on the Online Services for any commercial or personal purpose should be directed to [email protected]
Disclaimers
You expressly agree that use of the online services and in person services is at your sole risk. Neither we, nor our affiliates, any of our officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “Providers”), warrant that the online services will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of the online services or as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through the online services.
The online services are provided on an “As-is,” “As-available” basis and we specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral advice or written information given by us nor any other provider shall create a warranty.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Online Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Online Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Online Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Online Services.
Limitation of liability
Under no circumstances shall we or any other party involved in creating, producing or distributing the online services be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (I) the use of or inability to use the online services, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the online services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the online services; or (v) any other matter relating to the online services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the online services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you transmit through the Online Services, your use of the Online Services, your connection to the Online Services, your violation of this Agreement, or your violation of others’ rights.
General information
This Agreement constitutes the entire agreement between us (you and us) and governs the use of the Online Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Services or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Copyright complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Online Services in a way that constitutes copyright infringement, you may notify us by sending the following information to us pursuant to the Digital Millennium Copyright Act (“DMCA”) at [email protected]
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest (the “Complaining Party”);
A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address at which the Complaining Party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These items are required by the DMCA. If your notice fails to comply with all of the requirements, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Terms of Use
Last updated June 4th, 2023
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Andytown Enterprises Inc doing business as Sawgrass Recreation Park (“Sawgrass Recreation Park“, “we”, “us”, or “our”), concerning your access to and use of the https://evergladestours.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
BINDING AGREEMENT
These Terms of Use constitute an agreement (the “Agreement”) between you and Sawgrass Recreation Park (the “Park,” “we,” or “us”). This Agreement applies to your use (including purchases) of all websites maintained by the Park, including, but not limited to, www.evergladestours.com and www.sawgrassgatorshop.com (collectively, our “Online Services”).
By accessing, browsing, or using any of the Online Services or in person services, you consent to be bound by this Agreement. Therefore, you should read all terms and conditions in this Agreement carefully. If you do not accept any term or condition of this Agreement, you may not use any of the Online Services.
By accessing, browsing, or using the Online Services or by purchasing a ticket from our third-party vendors or partners or in person, you acknowledge and warrant that, in consideration of the Park’s willingness to make the Online Services available to you:
We may, in our sole discretion and without prior notice to you, revise this Park, modify any of the Online Services, and discontinue any of the Online Services at any time. We will post any revision to this Agreement to the Online Services, and the revision shall be immediately effective upon such posting. By continuing to access or use the Online Services after any notice of revision, you agree to abide by those revisions.
Your Privacy
The Park respects your privacy rights and permits you to control the treatment of your personal information. The Park’s privacy policy is expressly incorporated into this Agreement by this reference.
Your Conduct
We impose certain standards on your conduct when accessing, browsing, or using the Online Services. Specifically, you shall:
Site Content
The Online Services and on site services are our proprietary property and contain information, source code, functionality, website design, databases, software, photographs, graphics, audio, video, text, images, typefaces, graphics and other material (collectively “Park Content”) that are protected by copyrights, trademarks, or other proprietary and intellectual property rights. By using or accessing the Online Services, you acknowledge that these rights are valid and protected in all forms, media and technologies existing now or later developed.
Our Intellectual Property Rights
The Park Content and trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Park Content and the Marks are provided on the Online Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Online Services and no Park Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Online Services, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Park Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Online Services, the Park Content and the Marks.
Limitations on your use of Park content
You may not modify, remove, delete, augment, add to, publish, transmit or participate in the transfer or sale of Park Content. You may not create derivative works from, or in any way exploit any Park Content, in whole or in part. You may not upload, post, reproduce or distribute in any way Park Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
To the extent that we allow you, through the Online Services, to obtain and use copies of any Park Content — including, but not limited to, photographs — we grant you a strictly limited, freely revocable, nontransferable, royalty-free license to use said Park Content for private, non-commercial purposes by publishing, posting, or displaying it on your social media channels.
Links to third-party sites
Occasionally, we may make available in the Online Services a link to a third party’s web site. These links will cause you to leave our Online Services for sites or services that are not under our control.
We expressly disclaim any responsibility for and make no guarantees about the accuracy, currency, content, or availability of information found on any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any form of transmission received from any linked site. We provide the links to you only as a convenience and do not endorse any other site or service or its use or content.
We encourage discretion when browsing the internet. Because some sites employ automated search results or otherwise link to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Content that you generate
When accessing or using the Online Services, you may have the opportunity to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, or otherwise disseminate (“Post”) text, images, or other media that you create (“User Content”). You acknowledge that User Content that you Post to or via the Online Services constitutes a non-private communication.
We do not review or screen User Content that you Post, and its presence should not be considered an endorsement by the Park. We make no warranties or representations relating to the accuracy of any opinions, recommendations or other statements made by third parties who have provided User Content to the Online Services through a comment feature of the Online Services or by any other means. Posts may be viewable by other users of the Online Services and through third-party websites. As such, any Posts you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Online Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Online Services.
Contribution License
By Posting User Content to or via the Online Services, you thereby grant the Park a perpetual, royalty-free, non-exclusive, unrestricted license to use such User Content for any purpose, commercial or otherwise.
By Posting User Content to or via any part of the Online Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Posts (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Posts, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Posts, and you warrant that moral rights have not otherwise been asserted in your Posts.
We do not assert any ownership over your Posts. You retain full ownership of all of your Posts and any intellectual property rights or other proprietary rights associated with your Posts. We are not liable for any statements or representations in your Posts provided by you in any area on the Online Services. You are solely responsible for your Posts to the Online Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Posts.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Posts; (2) to re-categorize any Posts to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Posts at any time and for any reason, without notice. We have no obligation to monitor your Posts.
Your communications to us
We would be pleased to hear from you regarding any comments or questions that you have about the Online Services.
Submissions
We welcome your comments regarding content, products and services on the Online Services. We request that you be specific in your comments. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, images or other information (collectively, “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own, and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe. We shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish in the Online Services or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
Questions and requests
Any questions regarding the terms of this Agreement or requests for permission to use materials on the Online Services for any commercial or personal purpose should be directed to [email protected]
Disclaimers
You expressly agree that use of the online services and in person services is at your sole risk. Neither we, nor our affiliates, any of our officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, “Providers”), warrant that the online services will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of the online services or as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through the online services.
The online services are provided on an “As-is,” “As-available” basis and we specifically disclaim warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No oral advice or written information given by us nor any other provider shall create a warranty.
Site Management
We reserve the right, but not the obligation, to: (1) monitor the Online Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Online Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Online Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Online Services.
Limitation of liability
Under no circumstances shall we or any other party involved in creating, producing or distributing the online services be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (I) the use of or inability to use the online services, (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the online services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the online services; or (v) any other matter relating to the online services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the online services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you transmit through the Online Services, your use of the Online Services, your connection to the Online Services, your violation of this Agreement, or your violation of others’ rights.
General information
This Agreement constitutes the entire agreement between us (you and us) and governs the use of the Online Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Services or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Copyright complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Online Services in a way that constitutes copyright infringement, you may notify us by sending the following information to us pursuant to the Digital Millennium Copyright Act (“DMCA”) at [email protected]
These items are required by the DMCA. If your notice fails to comply with all of the requirements, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Terms of Use
Last updated June 4th, 2023
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Andytown Enterprises Inc doing business as Sawgrass Recreation Park (“Sawgrass Recreation Park“, “we”, “us”, or “our”), concerning your access to and use of the https://evergladestours.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.