Terms of Service

  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

On behalf of itself and its subsidiaries, Bluegreen Corporation (“Bluegreen”) has created www.outdoor-traveler.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.

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3. TRADEMARKS, COPYRIGHTS AND RESTRICTIONS ON USE OF MATERIALS

Bluegreen, Bluegreen Resorts, Bluegreen Vacation Club, Outdoor Traveler, Bluegreen Club 36, The Fountains, The Cliffs at Long Creek, Bluegreen Wilderness Club at Big Cedar®, Grande Villas at World Golf Village®, Patrick Henry Square, Christmas Mountain Village, Harbour Lights, Laurel Crest, Mountain Run at Boyne, MountainLoft, Shenandoah Crossing, Shore Crest Vacation Villas, The Falls Village, The Lodge Alley Inn and their respective logos are registered or unregistered trademarks or service marks of Bluegreen Corporation and are used with permission. The Bass Pro Shops® logo and Big Cedar® are registered trademarks of Bass Pro® Trademark LP. Bluegreen Wilderness Club is neither owned nor operated by Big Cedar® Lodge. World Golf Village is a registered trademark of World Golf Foundation, Inc. All other service marks/trademarks remain the property of their respective owners.

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.

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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.

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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).

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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 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.

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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. JURISDICTIONAL 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 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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© 2013 Bluegreen Corporation, 4960 Conference Way North, Suite 100, Boca Raton, FL 33431. All rights reserved.

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