1. Acceptance of the terms
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accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs or requirements.
Golfbreaks attempts to provide accurate descriptions of the products and services on the Site. Golfbreaks does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. We will therefore confirm the details of your chosen vacation (including the price) at the time of booking.
3. Use of the Site
4. Account Information & Responsibilities Of Registered Users
- 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
- 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.
As a registered User, You will have login information, including a username and password. Your account is personal to You, and You may not share Your account information with, or allow access to Your account by, any third party. As You will be responsible for all activity that occurs under Your access credentials, You should preserve the confidentiality of Your username and password. If You have any reason to believe that Your account information has been compromised or that Your account has been accessed by a third party, You agree to immediately notify Golfbreaks by e-mail to [email protected]. You are solely responsible for Your own losses or losses incurred by Golfbreaks and others (including other users) due to any unauthorized use of Your account that occur prior to notifying Golfbreaks that Your account was compromised.
6. Ownership; Proprietary Rights
The Site and the Golfbreaks Applications are owned and operated by Golfbreaks. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Golfbreaks ("Golfbreaks Content") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Golfbreaks Content contained on the Site is the copyrighted property of Golfbreaks or its subsidiaries or affiliated companies and/or third parties. All trademarks, service marks, and trade names are proprietary to Golfbreaks or its affiliates and/or third parties. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Golfbreaks Content, and nothing herein shall be interpreted to grant you any right or license under any intellectual property rights of Golfbreaks or any third party.
7. User Content and our Intellectual Property Policy
The Service may currently or in the future may allow you and other users to submit, post, and share content such as reviews, restaurant lists, messages, commentary or any other content (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Golfbreaks reserves the right (but has no obligation) to monitor, remove, or edit User Content in Golfbreaks’s sole discretion, including if User Content violates these Terms (including any Golfbreaks Policies), but you acknowledge that Golfbreaks may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Golfbreaks a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Golfbreaks takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.
8. Prohibited Use Of The Service
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.
9. Social Media Services
The Service may currently or in the future offer features designed to help you share information with others, including in whole or in part based on your location or through social networks. These features are strictly offered on an “opt-in” basis and no disclosure of such information will be made without your consent. If you use certain features of the Service enabling you to share information with others using Facebook, Twitter, Google+, or other third party sites (each a “Social Networking Site”), you authorize Golfbreaks to share that information with the Social Networking Site. If you have any questions on how the Social Networking Site may use your information, please review their policies.
10. Modification of the Terms
11. Third Party Content and Links
The Service may contain references or links to third-party materials and services not controlled by Golfbreaks or its suppliers or licensors. Golfbreaks provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that Golfbreaks is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the 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].
13. Your Representations and Indemnity
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by Golfbreaks and its other Users, partners, and licensees will not violate these Terms, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Golfbreaks’s request) defend Golfbreaks, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Golfbreaks Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of these Terms.
THE SERVICES, ALL GOLFBREAKS CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. GOLFBREAKS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. GOLFBREAKS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT GOLFBREAKS WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. GOLFBREAKS SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF GOLFBREAKS.
15. Limitation of Liability
IN NO EVENT WILL GOLFBREAKS, ITS OFFICERS OR DIRECTORS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR VACATION BOOKED THROUGH THE SERVICE (II) YOUR USER OF THE SERVICE, GOLFBREAKS CONTENT, OR THE SITE; (III) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE, ANY CONTENT; OR (IV) THE COMPLIANCE OR NON-COMPLIANCE OF A GOLF COURSE, HOTEL, OR TRANSPORTATION PROVIDER (EACH, A “THIRD PARTY PROVIDER”) IN CONJUNCTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF GOLFBREAKS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GOLFBREAKS, ITS OFFICERS OR DIRECTORS, OR ANY THIRD PARTY PROVIDER BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED GREATER THAN ONE THOUSAND DOLLARS ($1,000).
Third Party Providers are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you interaction with or visit to any Third Party Provider or from any product or service of any Third Party Provider. You hereby release the Golfbreaks from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Golfbreaks pertaining to the subject matter of this Section 19.
17. Limitations; Basis of the Bargain
APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GOLFBREAKS, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND GOLFBREAKS, GOLFBREAKS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT GOLFBREAKS WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
18. Dispute Resolution
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.
19. Reporting Claims of Copyright Infringement
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.
Golfbreaks may provide you with notices by mail, electronic mail, or postings on the Service. You may provide Golfbreaks with notices by United States Registered Mail sent to Golfbreaks Incorporated, 474 Wando Park Blvd (Suite 204), Mt Pleasant, South Carolina 29464. If notice is provided by electronic mail, notice will be deemed given twenty-four hours after electronic mail is sent, unless Golfbreaks is notified that the electronic mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Service. In such case, notice will be deemed given three days after the date of mailing.
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