Terms and Conditions of Use

1. Acceptance of Terms

These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you and The Rose Garden of Fort Myers (“Company,” “we,” “us,” or “our”) regarding your access to and use of https://rosegardenftmyers.com/ and all content, features, services, forms, communications, and resources available through the website.

By accessing, browsing, submitting information through, or otherwise using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms, you must immediately discontinue use of this website.

Where specific actions require affirmative consent, including submitting inquiry forms, requesting tours, receiving marketing communications, or subscribing to SMS communications, consent will be collected separately through the applicable consent mechanism.

2. Purpose and Permitted Use of Website

This website is intended to provide general information about The Rose Garden of Fort Myers, including its assisted living and memory care services, care levels, amenities, lifestyle offerings, payment options, availability, tours, events, careers, and related resources.

You agree to use this website only for lawful purposes and in accordance with these Terms.

You may not:

● Use the website for fraudulent, unlawful, misleading, or abusive purposes.

● Attempt to gain unauthorized access to any portion of the website, servers, systems, or networks.

● Introduce viruses, malware, harmful code, or disruptive materials.

● Interfere with the operation, security, availability, or performance of the website.

● Collect information from the website through scraping, crawling, automated tools, bots, or similar technologies without written permission.

● Use the website to send unsolicited advertising, spam, or promotional materials.

● Impersonate another person, organization, or representative.

● Misrepresent your relationship or affiliation with any person or entity.

● Use information obtained from this website for commercial purposes without prior written approval.

The Company reserves the right to investigate suspected violations and restrict, suspend, or terminate access to the website.

3. Intellectual Property Rights

All content available on this website, including but not limited to:

● Text

● Images

● Photographs

● Videos

● Logos

● Graphics

● Designs

● Software

● Website structure

● Branding materials

is owned by The Rose Garden of Fort Myers or its licensors and is protected by applicable copyright, trademark, and intellectual property laws.

You may access and view website content only for personal, non-commercial use.

You may not:

● Copy, reproduce, modify, distribute, publish, sell, license, or create derivative works from website content.

● Remove copyright, trademark, or ownership notices.

● Use company branding, trademarks, logos, or materials without prior written permission.

All rights not expressly granted remain reserved.

4. Website Forms and Submitted Information

When submitting information through this website, including contact forms, information requests, pricing and availability requests, tour requests, career forms, or other lead-generation forms, you agree that:

● All information provided is accurate, complete, and truthful.

● You are authorized to provide the information submitted.

● The Rose Garden of Fort Myers may collect, store, process, and use the information according to its Privacy Policy.

● You are responsible for any consequences resulting from inaccurate, misleading, or incomplete information.

The Company is not responsible for losses, delays, or communication issues caused by inaccurate information provided by users.

5. Marketing Communications and Consent

5.1 Email Communications

By submitting a form and agreeing to these Terms and the Privacy Policy, you consent to receive communications related to:

● Your inquiry.

● Requested information.

● Community updates.

● Events.

● Services.

● Promotional information.

You may unsubscribe from marketing emails at any time by using the unsubscribe link included in email communications.

5.2 SMS Messages and Phone Calls

SMS messaging and marketing calls require separate affirmative consent.

SMS and phone call consent:

● Is optional.

● Is not required to submit an inquiry.

● Is not required to receive services.

● Applies only after you actively provide consent.

By providing consent, you agree that The Rose Garden of Fort Myers may contact you using automated technology, prerecorded messages, or similar communication methods at the phone number provided.

Message and data rates may apply.

Message frequency may vary.

You may opt out at any time by replying:

● STOP to unsubscribe from SMS messages.

● HELP for assistance.

The Company does not sell or share SMS consent information or mobile opt-in data with third parties for their own marketing purposes.

6. User Content and Testimonials

If you submit reviews, comments, feedback, photographs, testimonials, or other content (“User Content”), you retain ownership of your content.

By submitting User Content, you grant The Rose Garden of Fort Myers a worldwide, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, modify, publish, display, distribute, and promote such content for business, marketing, advertising, and operational purposes.

You represent that:

● You own or have permission to submit the content.

● The content does not violate another person's rights.

● The content does not contain unlawful, defamatory, misleading, or harmful material.

The Company is not obligated to maintain submitted content as confidential.

7. Third-Party Websites and Services

This website may contain links to third-party websites, services, platforms, or resources.

The Company does not control and is not responsible for:

● Third-party content.

● Accuracy of information.

● Privacy practices.

● Security.

● Availability.

● Products or services provided by third parties.

Accessing third-party websites is done at your own risk.

8. Privacy

Your use of this website is also governed by the Company’s Privacy Policy.

The Privacy Policy explains how personal information is collected, used, stored, disclosed, and protected.

By using this website, you acknowledge that you have reviewed and accepted the Privacy Policy.

9. Disclaimer of Warranties

This website and all content are provided on an “AS IS” and “AS AVAILABLE” basis. Website content is for general informational purposes only and is not medical, nursing, legal, financial, or emergency advice.

To the maximum extent permitted by law, The Rose Garden of Fort Myers makes no warranties or representations regarding:

● Accuracy.

● Completeness.

● Reliability.

● Availability.

● Security.

● Error-free operation.

● Freedom from viruses or harmful components.

The Company does not guarantee that the website will always be available, uninterrupted, secure, or free from errors. Nothing on the website creates a healthcare provider-patient relationship or guarantees admission, room availability, pricing, Medicaid eligibility, insurance coverage, a particular level of care, or any health outcome. In an emergency, call 911 or contact an appropriate emergency service.

10. Limitation of Liability

To the fullest extent permitted by applicable law, The Rose Garden of Fort Myers, including its owners, officers, directors, employees, affiliates, agents, contractors, and service providers, shall not be liable for:

● Direct damages.

● Indirect damages.

● Incidental damages.

● Consequential damages.

● Special damages.

● Punitive damages.

● Loss of data.

● Loss of revenue.

● Loss of business opportunities.

● Loss of reputation.

This limitation applies regardless of whether the claim is based on contract, negligence, warranty, or any other legal theory.

11. Indemnification

You agree to defend, indemnify, and hold harmless The Rose Garden of Fort Myers, its affiliates, employees, officers, directors, agents, and representatives from any claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising from:

● Your violation of these Terms.

● Your misuse of the website.

● Your violation of another party’s rights.

● Your submitted content.

● Your violation of applicable laws.

12. Force Majeure

The Company shall not be responsible for delays or failures caused by circumstances beyond reasonable control, including:

● Natural disasters.

● Government actions.

● Internet failures.

● Cyber incidents.

● Power failures.

● Labor disputes.

● Acts of terrorism.

● Emergency situations.

● Third-party service failures.

13. Dispute Resolution

Any dispute arising from these Terms or your use of this website shall first be attempted to be resolved through good-faith discussions.

Where permitted by law, disputes may be resolved through confidential individual arbitration.

You agree that disputes will not be brought as class actions, collective actions, or representative proceedings.

14. Governing Law and Venue

These Terms shall be governed by and interpreted according to the laws of the State of Florida, without regard to conflict-of-law principles.

Any legal proceedings permitted under these Terms shall take place exclusively in the state or federal courts located in Lee County, Florida, and you consent to the jurisdiction of those courts.

15. Changes to These Terms

The Company reserves the right to update or modify these Terms at any time.

Changes become effective when posted on the website with an updated revision date.

Your continued use of the website after changes are posted constitutes acceptance of the revised Terms.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Information

The Rose Garden of Fort Myers

Address: 2117 Earl Rd, Fort Myers, FL 33901

Phone: (239) 456-0351

Email: care@rosegardenftmyers.com

Website: https://rosegardenftmyers.com/