TERMS OF USE

By downloading, installing, or using Villages GPS (the “App”), Users who download, install, and use the App (the “User”) agree that the information and route guidance in this navigation device are provided for information purposes only. BK Partnerships, LLC and its affiliates, employees, successors, or assignees (the “Developer”) grant the User a non-exclusive, non-transferable license to access the App according to the terms as set forth below.

Use of Content

Developer and this App allow you to access and view a variety of content, including but not limited to, photographic imagery, maps and terrain data, business listings, images, audio, reviews, traffic and other related information relative to The Villages (the “Content”). User acknowledges that the Content is protected by copyright, trademark and such other laws in the United States, and is owned or controlled by Developer or third parties that have licensed their content to Developer. User agrees not to copy, translate, modify, or make derivative works of the content or any part thereof redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer or otherwise make the content available to third parties. User agrees not to use the App or any content thereof in any manner unless expressly permitted or required by Developer.

Compliance with Applicable Laws

User agrees to be responsible for User’s conduct and content while using the App and for any consequences thereof. User agrees to use the App only for purposes that are proper and in accordance with the applicable laws and any policies or guidelines that the Developer may make available. User acknowledges that the App will not be used to defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others. User acknowledges that he/she will comply with applicable laws including, but not limited to, Sections 316.212 and 316.2125, Florida Statutes as enumerated below. User acknowledges and agrees that the Florida Statutes referenced herein may not be the conclusive list of federal or Florida Statutes relevant to the legal use of this App.

Disclaimer

Developer does not guarantee, makes no representations or warranties of any kind concerning the accuracy, safety, suitability, lack of viruses, inaccuracies, completeness, map data, business listings, map, and terrain data, weather data, typographical errors, or other harmful components of this App. Developer expressly disclaims any responsibility for the content, validity, timeliness or accuracy of the data and the information provided. User expressly agrees that any use of the information and route guidance is at the User’s sole risk and User expressly accepts full responsibility and liability for the User’s use of any such data or navigation guidance in its actual or altered form and any decisions made or actions taken in reliance upon any information, data, or navigation routes herein. Some content may be provided by third parties and Developer will not be held responsible for any such content provided by third parties. The App may contain links to third party Web sites that are maintained by others. Any such links are provided solely as a convenience to the User and not as an endorsement by the App or Developer of the contents on such third-party Web sites. User agrees to indemnify and hold harmless Developer, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from User breach of these Terms of Use.

General

Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the App will be construed and determined by the laws of the State of Florida, applicable to contracts entered into and performed within the State of Florida, without respect to its conflict of laws principles. By using the App, User agrees that the exclusive forum for any claims or causes of action arising out of your use of the App is the United States District Court for the Middle District of Florida, or any Florida State court sitting in Collier County, Florida. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

Florida Statutes Provisions

Section 316.212 – Operation of Golf Carts on Certain Roadways: The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein:

• (1) A golf cart may be operated only upon a county road that has been designated by a county, or a municipal street that has been designated by a municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed.
• (2) A golf cart may be operated on a part of the State Highway System only under the following conditions:
  1. (a) To cross a portion of the State Highway System which intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes.
  2. (b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes.
  3. (c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if:
     1. 1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and
     2. 2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination. Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed.
• (3) Notwithstanding any other provision of this section, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. If notice is posted at the entrance and exit of any mobile home park where residents of the park operate golf carts or electric vehicles within the confines of the park, it is not necessary for the park to have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park.
• (4) Notwithstanding any other provision of this section, if authorized by the Division of Recreation and Parks of the Department of Environmental Protection, a golf cart may be operated on a road that is part of the State Park Road System if the posted speed limit is 35 miles per hour or less.
• (5) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.
• (6) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear.
• (7) A golf cart may not be operated on public roads or streets by any person under the age of 14.
• (8) A local governmental entity may enact an ordinance relating to:
  1. (a) Golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it will be enforced within the local government’s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.
  2. (b) Golf cart operation on sidewalks adjacent to specific segments of municipal streets, county roads, or state highways within the jurisdictional territory of the local governmental entity if:
     1. 1. The local governmental entity determines, after considering the condition and current use of the sidewalks, the character of the surrounding community, and the locations of authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safely share the sidewalk;
     2. 2. The local governmental entity consults with the Department of Transportation before adopting the ordinance;
     3. 3. The ordinance restricts golf carts to a maximum speed of 15 miles per hour and permits such use on sidewalks adjacent to state highways only if the sidewalks are at least 8 feet wide;
     4. 4. The ordinance requires the golf carts to meet the equipment requirements in subsection (6). However, the ordinance may require additional equipment, including horns or other warning devices required by s. 316.271; and
     5. 5. The local governmental entity posts appropriate signs or otherwise informs residents that the ordinance exists and applies to such sidewalks.
• (9) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsections (1)-(5) or a local ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6), subsection (7), or a local ordinance.

Section 316.2125 Operation of golf carts within a retirement community:

• (1) Notwithstanding the provisions of s. 316.212, the reasonable operation of a golf cart, equipped and operated as provided in s. 316.212 (5), (6), and (7), within any self-contained retirement community is permitted unless prohibited under subsection
• (2)(a) A county or municipality may prohibit the operation of golf carts on any street or highway under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety.
• (2)(b) The Department of Transportation may prohibit the operation of golf carts on any street or highway under its jurisdiction if it determines that such prohibition is necessary in the interest of safety.
• (3) A local governmental entity may enact an ordinance regarding golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of any such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it shall be enforced within the local government’s jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.