Web Site Terms of Service and Legal Notices
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Terms of Service and Legal Notices
Acceptance of Terms
The use of this website and content thereon (collectively hereinafter “Service”) is provided to you, subject to Terms of Service and Legal Notices (jointly, “TOS”) provided herein, which may be updated from time to time without notice.
In consideration of your use of the Service, you represent that you are of legal age and are under no impairment or infirmity which would render you incompetent to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
Proprietary Rights and Legal Notices
You acknowledge and agree that the Service contains proprietary materials that are protected under trademark, copyright and other applicable laws (hereinafter, “Intellectual Property”). Except as expressly authorized in writing, you agree not to copy, display, modify, rent, lease, loan, sell, distribute, create derivative works, decompile, disassemble, reverse engineer, or otherwise use the Intellectual Property, in whole or in part.
The GCR GOVERNORS CLUB REALTY & Design mark is a registered service mark of ERRTH Holdings, LLC. The other GOVERNORS CLUB marks and logos are registered trademarks or service marks of Governors Club Limited Partnership and licensed to ERRTH Holdings, LLC d/b/a Governors Club Realty, Governors Club, Inc. and GC Cottage Operation, LLC for the uses on this website. The look and feel of this website is trade dress owned by ERRTH Holdings, LLC d/b/a Governors Club Realty and protected under trademark and copyright laws. All content on this website, including all copyright rights therein, is owned by or licensed to ERRTH Holdings, LLC d/b/a Governors Club Realty, except for (1) non-trade dress content on web pages dedicated to the Governors Club country club, which such content, including all copyright rights therein, is owned by or licensed to Governors Club, Inc., and (2) non-trade dress content on web pages dedicated to the Governors Club cottages, which such content, including all copyright rights therein, is owned by or licensed to GC Cottage Operation, LLC
ERRTH Holdings, LLC d/b/a Governors Club Realty, Governors Club, Inc., and GC Cottage Operation, LLC (jointly, “the Parties,” or individually, a “Party”) are separate entities and independent contractors with respect to one another, and you agree that neither Party bears any legal responsibility with regard to any content or services provided by any other Party.
Legal Rights and Remedies
a. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OUR COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
b. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUR COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
d. Remedy: You agree that the Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, except where a purchase has been made, and in such case, the purchaser’s exclusive remedy shall be a refund of the price paid (less any amortization) or replacement of our products, at our option.
e. Third Parties: You agree to indemnify and hold the Parties and any subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or your violation of the TOS. You agree that there shall be no third party beneficiaries to the Service.
General Information
a. Entire Agreement: This TOS constitutes the entire agreement between you and the Parties and governs your use of the Service, superseding any prior agreements between you and the Parties with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Services. You agree that this TOS constitutes a set form in writing, whether or not you choose to print this TOS, including the terms and conditions as described herein.
b. Choice of Law and Forum: This TOS, any relationship you have with the Parties, and any agreement entered into shall be solely governed by and construed in accordance with the laws of North Carolina, USA, without regard to its conflict of laws under any jurisdiction. Any dispute or legal action arising out of the TOS, any relationship you have with the Parties, and any agreement entered into shall be litigated and enforced under the laws of North Carolina, USA. In addition, for any dispute or legal action arising out of the TOS, any relationship you have with the Parties, and any agreement entered into, you agree to submit to the personal and exclusive jurisdiction of the Federal and state courts in North Carolina, and that any dispute or legal action is subject to the exclusive jurisdiction of the courts of Federal and state courts in North Carolina.
c. Waiver and Severability of Terms: The failure of the Parties to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, you and the Parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
d. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Section Titles: The section titles in the TOS are for convenience only and have no legal or contractual effect.
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