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1. Agreement
2. What You Need to Know
3. Trademarks, Copyrights and Restrictions on
Use of Materials
4. Indemnification
5. Links to Third Party Sites
6. Access and Interference
7. Disclaimer
8. Limitation of Liability
9. Submissions
10. Jurisdictional Issues
11. General Provisions
12. Privacy Statement
1. AGREEMENT
Bluegreen Vacations Unlimited, Inc. d/b/a Bluegreen Resorts (“Bluegreen”)
has created
www.bluegreengetawaystation.com
(the “Web Site”), to provide you with access to information (hereinafter
referred to as the “Bluegreen Online Content” or “Content”)
about its leisure products and services, lifestyle choices, and related links. These
Terms of Use (“Terms”) are meant to protect all of the visitors to the
Web Site, and your access to and use of the Web Site signifies your agreement with
these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS.
We reserve the right, in our sole discretion, to modify, alter or otherwise update
these Terms at any time without notice. Such modifications, alterations, and updates
are effective immediately upon posting. You agree to be bound by such modified,
altered, and updated Terms if you access or use the Web Site after we have posted
notice of such modifications, alterations or updates.
2. WHAT YOU NEED TO KNOW
The Web Site and Bluegreen Online Content is the property of Bluegreen and/or other
parties. The downloading, reproduction or retransmission of Bluegreen Online Content,
other than for non-commercial individual use, without the prior written consent
of Bluegreen, is strictly prohibited.
This Web Site may provide you with the ability to use usernames, passwords or other
codes or devices to gain access to restricted portions of this site ("access codes").
The Content contained in such restricted areas is confidential to Bluegreen, and
is provided to you for your personal use only. We reserve the right to prohibit
the use of such access codes on your behalf by third parties where we determine
that such use interferes with our site's operation or results in commercial benefits
for other entities to our detriment.
3. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS ON USE
OF MATERIALS
The Web Site and Bluegreen Online Content may contain or reference trademarks, patents,
copyrighted materials, trade secrets, technologies, products, processes or other
proprietary rights of Bluegreen and/or other parties. No license to or right in
any such trademarks, patents, copyrighted materials, trade secrets, technologies,
products, processes and other proprietary rights of Bluegreen and/or other parties
is granted to or conferred upon you. Furthermore, no Bluegreen Online Content may
be copied, reproduced, republished, uploaded, posted, transmitted or distributed
in any way without the prior written consent of Bluegreen.
You are not authorized to copy, republish, post, transmit or use the Content in
any way (including email or other electronic media) for commercial use without first
obtaining written consent of Bluegreen. You can request consent by faxing a request
to Bluegreen’s legal department at 561.912.8299. Modification or use of the Content
for any purpose other than personal, non-commercial use without prior approval violates
intellectual property rights and is prohibited under United States and/or worldwide
copyright and trademark laws.
4. INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your username(s),
password(s) and your account, as well as all activities that occur under your account.
By your use of and access to the Web Site, you hereby agree to indemnify, defend
and hold Bluegreen, its subsidiaries, and its affiliates and their respective officers,
directors, employees, owners, agents, information providers, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against any and all
liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you of these Terms
or claims arising from your account or your use of the Web Site. You shall use your
best efforts to cooperate with the Indemnified Parties in the defense of any claim.
The Indemnified Parties reserve the right, at their own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you.
5. LINKS TO THIRD PARTY SITES
The Web Site may contain links to third party web sites not under Bluegreen’s control
or operation. The links will let you leave the Web Site, and you access them at
your own risk. If you choose to leave the Web Site via links to other non-Bluegreen
sites, including those of advertisers, Bluegreen is not responsible for the privacy
policies or terms of use of those sites or the “cookies” those sites use. In addition,
because Bluegreen has no control over such sites and resources, you acknowledge
and agree that Bluegreen is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any
content, advertising, products or other materials on or available from such sites
or resources.
6. ACCESS AND INTERFERENCE
You agree that you will not use any device, software or other instrumentality to
interfere or attempt to interfere with the proper working of the Web Site, and that
you will not take any action that imposes an unreasonable or disproportionately
large load on Bluegreen’s Web Site infrastructure. In addition, you agree that you
will not use any robot, spider, other automatic device or manual process to monitor
or copy Bluegreen Online Content without the prior express written consent from
an authorized Bluegreen representative (such consent is deemed given for standard
search engine technology employed by Internet search web sites to direct Internet
users to this site).
7. DISCLAIMER
ALL BLUEGREEN ONLINE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS OF BLUEGREEN ONLINE CONTENT WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT BLUEGREEN ONLINE CONTENT OR
THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS OF BLUEGREEN ONLINE CONTENT IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. Some jurisdictions do not allow the exclusion
of implied warranties, so the above exclusions may not apply to you.
The Web Site and Bluegreen Online Content may contain technical inaccuracies or
typographical errors. Bluegreen reserves the right to make changes, corrections
and/or improvements to Web Site and Bluegreen Online Content, and to the products
and programs described in such information, at any time without notice.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLUEGREEN
OR ITS SUBSIDIARIESBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WEB
SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not allow the limitation
or exclusion of liability or incidental, consequential or other damages, so the
above limitation or exclusion may not apply to you.
9. SUBMISSIONS
With respect to all communications you make to Bluegreen regarding the Web Site
and/or Bluegreen Online Content, including but not limited to feedback, questions,
comments, suggestions and the like: (a) you shall have no right of confidentiality
in your communications and Bluegreen shall have no obligation to protect your communications
from disclosure; (b) Bluegreen shall be free to reproduce, use, disclose, edit and
distribute your communications to others without limitation; and (c) Bluegreen shall
be free to use any ideas, concepts, know-how, content or techniques contained in
your communications for any purpose whatsoever, including but not limited to the
development, production and marketing of products and services that incorporate
such information.
10. JUSRISDICTIONAL ISSUES
The Web Site and Bluegreen Online Content is controlled and operated by Bluegreen
from its headquarters in Boca Raton, Florida. We make no representation that products
and materials within the Web Site are appropriate or available for use in any particular
location. Those who choose to access the Web Site do so on their own initiative
and are responsible for compliance with local laws, if and to the extent local laws
are applicable. The Web Site and Content contains information on Bluegreen's products
and services of Bluegreen and its subsidiaries, not all of which are available in
every location. A reference to any such product or service on the Web Site does
not imply that such product or service is or will be available in your location.
11. GENERAL PROVISIONS
This is a United States web site and is subject to United States law. Bluegreen
will disclose any information regarding the use of this Web Site including personal
information pertaining to you without your permission when required by law, or in
a good faith belief that such action is necessary to investigate or protect against
harmful activities to Bluegreen or its subsidiaries, affiliates, property (including
this Web Site), guests, visitors, associates or, or to others.
12. PRIVACY STATEMENT
If you would like to view the privacy practices that govern this site please see
Bluegreen’s Internet Privacy
Statement posted on this Web Site. If you have any questions about this
privacy policy or privacy concerns, please write us at 4960 Conference Way North,
Suite 100, Boca Raton, FL 33431 or email us.
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