DO NOT USE THE WEBSITES IF YOU DO NOT AGREE WITH THESE TERMS, AS WELL AS THE TERMS OF BLUEGREEN’S PRIVACY NOTICE, WHICH YOU MAY REVIEW AT https://www.bluegreenvacations.com/privacy-policy. 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 Websites after we have posted notice of such modifications, alterations or updates.
Links to Third Party Sites
Neither Bluegreen Vacations Unlimited Inc., its parent or affiliates (collectively, the "Bluegreen Entities") endorse or approve of links to external sources. External links are made available for the convenience of internet users. The Bluegreen Entities, and each of them, take no responsibility for an external link’s operation or content. By clicking on or otherwise accessing an external link, you hereby expressly agree to assume all associated risks and further agree to indemnify, defend and hold the Bluegreen Entities, and each of them, harmless from and against any and all claims, actions, costs, expenses, damages and liabilities (including, without limitation attorneys' fees and costs of suit though and including any appeals(s)) that may arise out of, or in connection with, clicking on or otherwise accessing such link(s).
What You Need to Know
The Websites' Content is the property of Bluegreen and/or other parties such as marketing partners from whom Bluegreen has authorization to post their content. 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.
The Websites may provide you with the ability to use usernames, passwords or other codes or devices to gain access to the Websites and/or any restricted portions of the Websites (“access codes”). The Content contained in the Websites and any such restricted areas may be confidential and/or proprietary 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, in our sole discretion, that such use interferes with our site’s operation or results in commercial benefits for other entities to our detriment.
Successors and Assigns
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. You may not transfer or assign any of the obligations, rights or interests under these Terms without the prior written consent of Bluegreen Vacations Corporation and any attempted or purported assignment without such consent shall be null and void.
If any clause or provision of these Terms shall be deemed invalid or unenforceable for any reason, the remainder of these Terms shall remain valid and enforceable in accordance with its terms. The invalidity or unenforceability of any term, clause or provision in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Bluegreen may terminate your access to the Websites for any reason, at any time, with or without notice to you. If you terminate your agreements to these or any other Terms to which you may have previously agreed, or as Bluegreen may deem pertinent and necessary to protect the integrity and security of its property, you may no longer be permitted to use or access the Websites.
Trademarks, Copyrights and Restrictions on use of Materials
The Websites and Bluegreen Online Content may contain or reference trademarks, patents, copyrighted materials (including but not limited to photographs of our resorts and amenities), trade secrets, technologies, products, processes or other proprietary rights of Bluegreen and/or other parties such as marketing partners from whom Bluegreen has authorization to use such materials. 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 emailing a request to Bluegreen’s legal department at email@example.com. 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.
If you believe that any Content on the Websites has copied your work in a way that constitutes copyright infringement, please contact Bluegreen’s Legal Department in writing as follows:Bluegreen Vacations Corporation
Attn: Legal Department
4960 Conference Way N., Suite 100
Boca Raton, Florida 33431-3311
In your communication with the Legal Department, please provide the following information:
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the allegedly-infringing Content is located on the Websites;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Bluegreen that Content on the Websites may infringe your copyright interest.
You agree that you will notify Bluegreen in writing of any Dispute (as defined below), and give Bluegreen a reasonable period of time to address it, BEFORE bringing any legal action, against Bluegreen.
Arbitration & Waiver of Class, Collective and Representative Claims and Jury Trial
- MANDATORY ARBITRATION. By clicking on, accessing, and/or using the Websites, 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 "Bluegreen Parties” which in any way whatsoever relates to or arises out of use of the Web-site and specifically including the marketing, offering, acquisition, sale or use of a vacation ownership interest and/or a vacation 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. 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 it does not conflict with the FAA, the Revised Florida Arbitration Code, Fla. Stat. § 682.01, et seq.
- 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 by you against the SponsorsBluegreen Parties (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 user of the Websites and/or purchaser of a Vacation Ownership Interest or vacation package to a Bluegreen Vacation Club resort destination area or 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 provisions, or to join any party to any arbitration.
- 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.
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 Websites, 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, your agent(s) and/or affiliate(s) of these Terms or claims arising from your account or your use of the Websites. 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.
Access and Interference
- That you are entirely responsible for maintaining the confidentiality of your username(s) and password(s) and you will not share them with third parties;
- That you will not use, or cause to be used any device, software, automated robot ("bot") or other instrumentality that performs automated, repetitive, pre-defined tasks to interfere or attempt to interfere with the proper operation and security of the Websites, and that you will not take any action that imposes an unreasonable or disproportionately large load on the Websites' infrastructure;
- That you will not use any automated robot ("bot"), or other automatic device or manual process to monitor, copy or extract Bluegreen Online Content without the prior express written consent of 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). This includes data scraping, harvesting and mining.
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 Websites and Bluegreen Online Content may contain technical inaccuracies or typographical errors. Bluegreen reserves the right to make changes, corrections and/or improvements to the Websites and Bluegreen Online Content, and to the products and programs described in such information, at any time without notice.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLUEGREEN OR ITS SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY WEBSITES OR MATERIALS OR FUNCTIONS ON THE WEBSITES 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.
With respect to all communications you make to Bluegreen regarding the Websites 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.
The Websites 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 Websites are appropriate or available for use in any particular location. Those who choose to access the Websites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Websites 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 Websites does not imply that such product or service is or will be available in your location.
This is a United States web site and is subject to United States law. Bluegreen will disclose any information regarding the use of this Websites including personal information pertaining to you in accordance with its Privacy Notice, including 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 Websites), guests, visitors, associates, or to others.
If you would like to view the privacy practices that govern this Websites please see Bluegreen’s privacy notice posted at https://www.bluegreenvacations.com/privacy-policy. If you have any questions about this privacy notice or privacy concerns, you may write us at 4960 Conference Way North, Suite 100, Boca Raton, FL 33431 or email us.