Overview
This website is operated by BLUEGREENS. Throughout the site, the terms “we”,
“us” and “our” refer to BLUEGREENS. BLUEGREENS offers this website, including
all information, tools, and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies and notices
stated here. By visiting our site and/ or purchasing something from us, you engage
in our “Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and conditions
and policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content. Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service. Any
new features or tools which are added to the current store shall also be subject to
the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page. We reserve the right to update, change or replace
any part of these Terms of Service by posting updates and/or changes to our
website. It is your responsibility to check this page periodically for changes. Your
continued use of or access to the website following the posting of any changes
constitutes acceptance of those changes.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your consent
to allow any of your minor dependents to use this site. You may not use our
products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to
copyright laws). You must not transmit any worms or viruses or any code of a
destructive nature. A breach or violation of any of the Terms will result in an
immediate termination of your Services.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You
understand that your content (not including credit card information), may be
transferred unencrypted and involve Transmissions over various networks;
Changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over
networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any
portion of the Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written
permission by us. The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources
of information. Any reliance on the material on this site is at your own risk. This
site may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update
any information on our site. You agree that it is your responsibility to monitor
changes to our site.
Modifications To the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at
any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time. We shall not be liable to you or to any third-party for
any modification, price change, suspension, or discontinuance of the Service.
Products Or Services (If Applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are subject to
return or exchange only according to our Return Policy. We have made every
effort to display as accurately as possible the colors and images of our products
that appear at the store. We cannot guarantee that your computer monitor display
of any color will be accurate. We reserve the right, but are not obligated, to limit
the sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at anytime
without notice, at the sole discretion of us. We reserve the right to discontinue any
product at any time. Any offer for any product or service made on this site is void
where prohibited. We do not warrant that the quality of any products, services,
information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we may
attempt to notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or prohibit
orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors. You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions and
contact you as needed. For more detail, please review our Returns Policy
Optional Tools
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that we
provide access to such tools” as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We shall
have no liability whatsoever arising from or relating to your use of optional third-
party tools. Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s). We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
Third Party – Links
Certain content, products, and services available via our Service may include
materials from third parties. Third-party links on this site may direct you to third-
party websites that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will not have any
liability or responsibility for any third-party materials or websites, or for any other
materials, products, or services of third parties. We are not liable for any harm or
damages related to the purchase or use of goods, services, resources, content, or
any other transactions made in connection with any third-party websites. Please
review carefully the third-party’s policies and practices and make sure you
understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the
third-party
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise collectively, comments you agree that we may, at any time, without
restriction, edit, copy, publish, distribute, translate and otherwise use in any
medium any comments that you forward to us. We are and shall be under no
obligation To maintain any comments in confidence; To pay compensation for any
comments; To respond to any comments. We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or
otherwise objectionable or violates any party s intellectual property or these Terms
of Service. You agree that your comments will not violate any right of any third-
party, including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain libellous or
otherwise unlawful, abusive or obscene material, or contain any computer virus or
other malware that could in any way affect the operation of the Service or any
related website. You may not use a false e-mail address, pretend to be someone
other than yourself, or otherwise mislead us or third parties as to the origin of any
comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments
posted by you or any third-party
Personal Information
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any information
in the Service or on any related website is inaccurate at any time without prior
notice (including after you have submitted your order). We undertake no obligation
to update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related website,
should be taken to indicate that all information in the Service or on any related
website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: For any unlawful purpose To solicit
others to perform or participate in any unlawful acts To violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances To infringe
upon or violate our intellectual property rights or the intellectual property rights of
others To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability To submit false or misleading information To upload
or transmit viruses or any other type of malicious code that will or may be used in
any way that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet To collect or track the personal
information of others To spam, phish, pharm, pretext, spider, crawl, or scrape For
any obscene or immoral purpose or To interfere with or circumvent the security
features of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website for
violating any of the prohibited uses
Disclaimer Of Warranties Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be
uninterrupted, timely, secure or error-free We do not warrant that the results that
may be obtained from the use of the service will be accurate or reliable. You agree
that from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without notice to you. You expressly agree that your
use of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as expressly
stated by us) provided as is and as available for your use, without any
representation, warranties, or conditions of any kind, either express or implied,
including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement. In
no case shall BLUEGREENS, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation lost profits, lost
revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the
service, or for any other claim related in any way to your use of the service or any
product, including, but not limited to, any errors or omissions in any content, or
any loss or damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or jurisdictions do
not allow the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless BLUEGREENS and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third-
party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights
of a third-party
Severability
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be enforceable to
the fullest extent permitted by applicable law, and the unenforceable portion shall
be deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date
shall survive the termination of this agreement for all purposes. These Terms of
Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site. If in our sole judgment
you fail, or we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at any time
without notice and you will remain liable for all amounts due up to and including
the date of termination; and/or accordingly may deny you access to our Services
(or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision. These Terms of
Service and any policies or operating rules posted by us on this site or in respect to
The Service constitutes the entire agreement and understanding between you and
us and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications, and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
You can review the most current version of the Terms of Service at any time at this
page. We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.
Contact Information
Questions about the Terms of Service should be sent to us at
[email protected]