Terms of Use

Agreement to Terms

By accessing and using the Fragrancennscent website and services, you agree to be bound by these Terms of Use. If you do not agree with these terms, please do not use our website or services.

Services Description

Fragrancennscent provides professional landscape design services, including but not limited to design consultation, landscape planning, installation services, and ongoing maintenance. All services are subject to availability and individual project terms agreed upon in separate service agreements.

Acceptable Use

You agree to use our website and services only for lawful purposes and in a manner that does not infringe upon the rights of others or restrict their use of the website. You may not:

Use the website in any way that violates applicable laws, regulations, or these Terms of Use
Interfere with or disrupt the website, servers, or networks connected to the website
Attempt to gain unauthorized access to any portion of the website, accounts, or computer systems
Copy, modify, reproduce, distribute, or create derivative works from website content without authorization
Upload, transmit, or distribute any harmful code, viruses, or malicious software
Provide false, misleading, or inaccurate information
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Send unsolicited communications, spam, or promotional materials
Harass, threaten, or harm other users or third parties

Violation of these acceptable use provisions may result in termination of your access to our website and services, and may subject you to legal action.

Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Fragrancennscent or its content suppliers and is protected by copyright and other intellectual property laws. Landscape designs created by Fragrancennscent remain our intellectual property unless otherwise agreed upon in writing.

Service Agreements

All landscape design projects are subject to separate service agreements that detail project scope, timelines, pricing, and terms. These Terms of Use supplement but do not replace individual service agreements. In case of conflict, the service agreement terms will prevail.

Pricing and Payments

Pricing for landscape design services will be provided in project proposals and service agreements. Payment terms, including deposits and milestones, will be specified in individual contracts. All prices are subject to change without notice until a service agreement is executed.

Limitation of Liability

To the maximum extent permitted by law, Fragrancennscent shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our website or services, including but not limited to:

Loss of profits, revenue, data, or business opportunities
Interruptions or cessation of service
Actions or omissions of third parties
Unauthorized access to or alteration of your data

Our total liability to you for any claims arising from or related to the use of our website or services shall not exceed the amount paid by you for the specific service giving rise to the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

Dispute Resolution

If a dispute arises between you and Fragrancennscent, we encourage you to first contact us directly to seek a resolution. We will work in good faith to resolve any dispute through informal negotiations.

If we cannot resolve a dispute through informal negotiations within sixty (60) days, then except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms of Use or our services shall be finally settled by binding arbitration. The arbitration shall be conducted:

In accordance with the rules of the American Arbitration Association (AAA)
In Naples, Florida, or another mutually agreed location
In the English language
By a single arbitrator appointed in accordance with AAA rules

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

For any disputes not subject to arbitration as described above, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Collier County, Florida, for the resolution of any disputes arising out of or relating to these Terms of Use or our services.

If you are accessing our website or services from outside the United States, you acknowledge that you are responsible for compliance with all local laws and regulations applicable to your use of our website and services.

Warranties

We provide warranties on our landscape design installation work and plants as specified in individual service agreements. These warranties are limited to the terms stated in those agreements and are subject to proper maintenance and care.

Changes to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting on this page. Your continued use of the website after changes are posted constitutes acceptance of the modified terms.

Contact Information

For questions about these Terms of Use, please contact us:

Email: onlineY3mxs9K1m
Phone: +1 (239) 643-6124
Address: 12745 Livingston Rd, Naples, FL 34105, United States