Terms of Use

Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time (collectively, the “Terms”), as these Terms create a binding legal contract between you and Golfbreaks. By accessing the Site or availing yourself of The Service in any manner, you (“You” or “User”) agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms you must immediately terminate your use of the Service.

The Site is offered and made available only to users twenty-one (21) years of age or older. If you are not yet 21 years old, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions of these Terms, please discontinue using the Site immediately. By continuing to use or attempting to use the Site, you certify that you are at least twenty-one (21) years of age.

The information and features included in this Site have been compiled from a variety of sources, are for informational and entertainment purposes only and are subject to change at any time without notice. By accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs or requirements.

• Account Information. In order to register for the Service and receive information about your use of the Service, you will have to create an account. You hereby represent and warrant that the information you provide to Golfbreaks upon registration and, at all other times, will be true, accurate, current, and complete, and that you will ensure that such information is kept accurate and up-to-date at all times
• Access, Preservation and Disclosure of Information. You acknowledge, consent and agree that Golfbreaks may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary or in the interest of Golfbreaks or a third party to (a) comply with legal process; (b) enforce the Terms; (c) respond to a claim that any User Content violates the rights of third parties; (d) to respond to your requests for customer service; (e) to process your transaction; or (f) investigate or protect the rights, business interests, property or personal safety of Golfbreaks, its Users and the public. To learn more about our policies with respect to the collection, use and disclosure of information, please review our Privacy Policy.
• We reserve the right to accept or refuse an account or to restrict use of the Site in our discretion. You may not transfer or assign your account or any Site benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Site at any one time.
• You may cancel your account by visiting your account details page and adjusting your account settings, or by contacting our Customer Service team. If you cancel your account, you will not receive a refund of any bookings currently made using the Site.

The Service offered by Golfbreaks is strictly for Your personal use. You also agree not to use the Service for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not, whether through the Service, your User Content, or otherwise, do or attempt to:

• Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site, Golfbreaks Content, User Content, or any other part thereof, except and solely to the extent permitted by law, or otherwise attempt to use or access any of the Service other than as intended;
• Reproduce, duplicate, copy, sell, trade, resell, distribute, deep link, or exploit, any part of the Service, use of the Service, access to the Site, or content obtained through the Service (including without limitation Golfbreaks Content, User Content, and Third Party Content (as defined below)), for any purpose other than for your personal, noncommercial purposes, except and solely to the extent permitted by these Terms;
• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service, or features that enforce limitations on the use of the Service or any content therein;
• Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
• Use any robot, spider, scraper, or other automated means of any kind to access or scrape the Service, except as expressly authorized by Golfbreaks;
• Frame or otherwise enclose any Golfbreaks trademark or any portion of the Service in any other site or service for any purpose without our express written permission;
• Threaten, harass, abuse, slander, defame or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information;
• Create a false identity or impersonate another for the purpose of misleading others as to the identity of the sender or the origin of a message, including, but not limited to, providing misleading information in any reviews or to any feedback or rating system employed through the Service;
• Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
• Interfere with or disrupt the Service, networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers;
• Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in your User Content, whether by posting such material to the Site or otherwise; or
• Use the Site in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations, or the rights of any third party.

If your Site use shows signs of fraud, abuse, or suspicious activity, Golfbreaks, in our sole and absolute discretion, may revoke your access to the Site and Service. If you have conducted any fraudulent activity, Golfbreaks reserves the right to take any necessary legal action and you may be liable for monetary losses to Golfbreaks, including litigation costs and damages. To contest the cancellation, freezing, or closure of an account, or cancellation of an order, please contact Golfbreaks Customer Service.

• By Golfbreaks. Golfbreaks, in its sole discretion and for any reason or no reason, may terminate Your account on the Service, disable your access to the Service (or any part thereof), discontinue the Service and any related services, or terminate any license or permission granted to you hereunder, at any time, with or without notice. Any termination of travel-related services shall remain subject to our Cancellation Policy set forth in the Terms and Conditions of travel. You agree that Golfbreaks shall not be liable to you or any third-party for any such termination. Without limiting the generality of the foregoing, Golfbreaks may terminate Your account in cases of actual or suspected fraud, or violations of these Terms or other laws or regulations, and any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Golfbreaks may have at law or in equity.
• By You. If you are dissatisfied with the Service, then please let us know by e-mailing us at [email protected]. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any of these Terms, (iii) any policy or practice of Golfbreaks in operating the Service, or (iv) any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account and discontinuing your use of any and all parts of the Service, or by providing Golfbreaks with notice of termination at [email protected].
• Survival. Upon termination of these Terms, any provision or policy which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Section 4 (Access, Preservation and Disclosure of Information), Section 5 (Password), Section 6 (Ownership), Section 7 (User Content and our Intellectual property Policy), Section 12 (Termination), Section 13 (Your Representations and Indemnity), Section 14 (Disclaimers), Section 15 (Limitation of Liability), Section 16 (Release), Section 17 (Limitations; Basis of the Bargain), Section 18 (Dispute Resolution), Section 21 (Miscellaneous), and the Privacy Policy.

ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the Golfbreaks Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and Golfbreaks must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR GOLFBREAKS MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Golfbreaks will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (4) Golfbreaks also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.

Notwithstanding the foregoing, either you or Golfbreaks may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Charleston County, South Carolina. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Charleston County, South Carolina in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Charleston County, South Carolina for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Golfbreaks shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Charleston County, South Carolina.

For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.

• A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the site can be reached by sending us a notice via mail to the address in the Notice section below.

We reserve the right in appropriate circumstances to remove content on the website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.

This is the entire agreement between you and Golfbreaks relating to the subject matter herein, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and Golfbreaks with respect to said subject matter. These Terms shall not be modified or waived except in a writing signed by both parties, or by a change to these Terms as provided in Section 10 (“Modification of the Terms”), above. In the event any of the provisions of these Terms are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed, and the remaining provisions thereof shall remain in full force and effect. The failure of Golfbreaks to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Golfbreaks as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and Golfbreaks other than pursuant to these Terms. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Golfbreaks without restriction, including by operation of law, merger, reincorporation, recapitalization, or sale of all or substantially all of the assets to which this agreement pertains. Any assignment attempted to be made in violation of these Terms shall be void. The headings and captions in these Terms are used for convenience only and are not to be considered in interpreting these Terms.

The services hereunder are offered by:

Golfbreaks, LLC 474 Wando Park Blvd (Suite 204) Mt Pleasant SC 29464