Welcome to the The Blue Gardens Club (“The Service”), which is operated and owned by The Blue Gardens (“The Company”).

 

By enrolling for the The Blue Gardens Club SMS service on our website, you are agreeing to become a member of the The Blue Gardens Club Service and acknowledging the following Terms of Use. Furthermore, you are providing consent to receive messages on your mobile phone. Please be aware that subscribing implies that you will receive recurring messages.

 

Changes to Terms of Use:

The Blue Gardens retains the right to amend the Terms of Use, and the latest version can be found by accessing the SMS Terms and Conditions.

 

Fees:

Participation in the The Blue Gardens Club Service does not involve any charges. However, standard message and data rates might apply as per your wireless carrier’s policies. We recommend checking with your wireless carrier to understand the text messaging fees that apply. Please note that The Blue Gardens will not assume responsibility for any fees levied by your wireless carrier for using the The Blue Gardens Club service.

 

Privacy:

At The Blue Gardens, we place significant importance on safeguarding your privacy. We do not share any collected information. For a comprehensive overview of our Privacy Policy.

 

Usage Restrictions:

To enroll in and use the The Blue Gardens Club service, you must be at least 17 years old. If you are below 17 years of age, please seek permission from your parents or legal guardians prior to registering for the The Blue Gardens Club service.

 

Supported Carriers:

Please note that mobile carriers are not accountable for delayed or undelivered messages. Participating carriers encompass T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.

 

Assistance, Cancellation, or Unsubscribing:

Should you wish to discontinue the The Blue Gardens Club service at any point, you can do so by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to {Insert Program Code}. Standard message and data rates might apply. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject. For aid or other support matters, you can also send an email to [email protected], text HELP to {Insert Program Code} from your mobile phone, or call the toll-free phone number: 844-813-9209.

 

Message Frequency:

Kindly note that messages are recurrent based on account activity.

 

Ownership; Trademarks; Alterations to Offers:

By utilizing the The Blue Gardens Club services and any provided offers, you are agreeing that The Blue Gardens or its partners will retain all legal rights, titles, and interests, including intellectual property rights. You are prohibited from modifying any offers presented through the The Blue Gardens Club service, and you must not eliminate, obscure, or alter any proprietary rights notifications (such as copyright or trademark notices) attached to the The Blue Gardens Club services or offers. Unless explicitly authorized by a partner, you undertake not to utilize any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a manner that could lead to confusion about Trademark ownership or harm the reputation of such Trademarks.

 

Termination:

The Blue Gardens reserves the right to end your subscription at any time without advance notice or future obligations.

 

Disclaimer of Warranties:

The The Blue Gardens Club service is offered “as is” and “as available,” and The Blue Gardens provides no warranties, whether express or implied, concerning the service. This includes, but is not restricted to, any implied warranties of merchantability, fitness for a specific purpose, and non-infringement. Factors beyond The Blue Gardens’s control, such as mobile carrier network speed and internet performance, might impact the service’s performance, and The Blue Gardens is not accountable for acts beyond its control.

 

Limitation of Liability:

Under no circumstances shall The Blue Gardens, its officers, directors, employees, or agents be liable to you for any form of damages arising from your utilization of the The Blue Gardens Club service. This encompasses direct, indirect, incidental, consequential, exemplary, or special damages, even if forewarned of the possibility of such damages. If applicable law prohibits any disclaimer or limitation on damages or liability stated herein in a specific circumstance, The Blue Gardens is entitled to the maximum disclaimers and/or limitations on damages and liability permitted by such applicable law in that particular circumstance. Nevertheless, The Blue Gardens’s liability for damages arising under these Terms of Use or your use of the The Blue Gardens Club service shall not exceed US $500.

 

Indemnity:

You agree to indemnify and hold each Company party harmless from any claim or demand, including associated damages, costs, or expenses, including reasonable attorney fees and costs, made by any other party due to or arising from your violation of this agreement or the documents it references, or your violation of any law or the rights of another party.

 

Governing Law; Venue:

This agreement and its validity, interpretation, and performance shall be governed by the laws of the state of Illinois, without regard to its choice of law provisions. You unequivocally consent to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.