Agreement
What You Need to Know
Trademarks, Copyrights and Restrictions on Use of Materials
Indemnification
Links to Third Party Sites
Access and Interference
Disclaimer
Limitation of Liability
Submissions
Jurisdictional Issues
General Provisions
Privacy Statement
1. AGREEMENT
On behalf of itself and its subsidiaries, Bluegreen Corporation (“Bluegreen”) has created www.bluegreenrentals.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.
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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.
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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.
Click here to see a list of the Bluegreen’s registered trademarks,
trademarks, service marks.
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.
Copyright Infringement
If you believe that any contact on the website may constitute copyright infringement, please contact:
Bluegreen 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 Web Site;
- 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 Web Site may infringe your copyright interest.
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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.
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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
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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.
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8. 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 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.
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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.
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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.
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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.
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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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