Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Citrus Hills web site located at www.citrushillsgolfandcountryclub.com, and its affiliate at www.clubhappenings.com the above websites are henceforth collectively known as “Citrus Hills.” Citrus Hills also applies this Privacy Policy to its applications, both on the Google Play Store and Apple’s App Store.
BY USING THESE SITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITES.
Citrus Hills reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Citrus Hills grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Citrus Hills, and is protected by trade dress, copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any
commercial enterprise, without Citrus Hills’ express prior written consent.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Citrus Hills reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Citrus Hills server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Citrus Hills, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Citrus Hills’ systems or networks, or any systems or networks connected to the Site or to Citrus Hills.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Citrus Hills on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which
infringes the rights of Citrus Hills or others.
Purchases; Other Terms and Conditions
Citrus Hills’ obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Citrus Hills may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, without notice. The materials on the Site with respect to services may be out of date, and Citrus Hills makes no commitment to update the materials
on the Site with respect to such products and services.
Privacy
Citrus Hills’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any
message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Disclaimers
CITRUS HILLS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CITRUS HILLS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM
THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. CITRUS HILLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CITRUS HILLS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CITRUS HILLS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CITRUS HILLS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO
STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Citrus Hills reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Citrus Hills be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Citrus Hills has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Citrus Hills, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made
against Citrus Hills by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Citrus Hills may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against
someone who may be causing injury to or interference with (either intentionally or unintentionally) Citrus Hills’ rights or property, or the rights or property of visitors to or users of the Site, including Citrus Hills’ customers. Citrus Hills reserves the right at all times to
disclose any information that Citrus Hills deems necessary to comply with any applicable law, regulation, legal process or governmental request. Citrus Hills also may disclose your information when Citrus Hills determines that applicable law requires or permits such
disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Citrus Hills may preserve any transmittal or communication by you with Citrus Hills through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Citrus Hills determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Citrus Hills, its employees, users of or visitors to the Site, and the public.
You agree that Citrus Hills may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Citrus Hills, for which monetary damages would be inadequate, and you consent to
Citrus Hills obtaining any injunctive or equitable relief that Citrus Hills deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Citrus Hills may have at law or in equity.
You agree that Citrus Hills may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of
the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
If Citrus Hills does take any legal action against you as a result of your violation of these Terms of Use, Citrus Hills will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to
Citrus Hills. You agree that Citrus Hills will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by
and venue in the state and federal courts in Citrus County, Florida, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and
attorneys’ fees. In the event of any controversy or dispute between Citrus Hills and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute
within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under
applicable law.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Citrus Hills with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Citrus Hills with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Citrus Hills, Citrus Hills will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Citrus Hills’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Citrus Hills of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Citrus Hills and you or any other party be deemed to
modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.