1. MANDATORY ARBITRATION. By participating in this promotion, you agree all disputes, claims, actions, questions or differences ("Disputes") brought by or on behalf of you against Bluegreen Vacations Unlimited, Inc. and any of its or their marketing partners, affiliates, parents, subsidiaries, officers, directors, shareholders, managers, members, or employees, collectively "Sponsors" which in any way whatsoever relates to or arises out of this promotion and specifically including but not limited to the marketing, offering, acquisition, sale or use of a package to a Bluegreen Vacation Club resort destination area, shall be resolved through binding and final arbitration in Broward County, Florida, before a single arbitrator, in accordance with the Commercial Arbitration Rules ("Rules") of the American Arbitration Association then in effect. Except as to the applicability and validity of Section 2 below, the Arbitrator, and not any court or agency, shall have the exclusive authority to resolve any dispute or issue of arbitrability with respect to this Section 1, including as to the jurisdiction of the Arbitrator or relating to the scope, validity, enforceability, or performance of this Section 1. This Section 1 shall be governed and enforced under the Federal Arbitration Act (the "FAA"), 9 U.S.C. § 1, et seq., and, to the extent that it does not conflict with the FAA, the Revised Florida Arbitration Code, Fla. Stat. § 682.01, et seq.
2. WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE CLAIMS. Except as otherwise required by law: (i) class, collective, and representative action procedures shall not be asserted, and shall not apply, in any arbitration pursuant to Section 1 above; (ii) no class, collective, or representative action claims shall be asserted in arbitration by you against the Sponsors (each of whom may rely upon and enforce the terms of this Section 2); and (iii) you shall not seek to represent the interests of any other promotion entrant or purchaser of a vacation package to a Bluegreen Vacation Club resort destination area or a vacation ownership plan interest in arbitration or any other type of proceeding. The Arbitrator shall have no jurisdiction or authority to compel or permit any class, collective, or representative claim in arbitration, to consolidate different arbitration proceedings, or to join any other party to any arbitration.
3. WAIVER OF JURY TRIAL. You understand that, pursuant to Sections 1 and 2 above, you are giving up any rights to a trial by jury with respect to all Disputes, and to appeal or otherwise seek judicial review of any award determined pursuant to the herein described arbitration procedures, except as provided by applicable law.