Last Updated October 29, 2018
Please read these Terms carefully, as they constitute a legally binding agreement between you and us. By using or accessing one of our Websites, you are agreeing to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use or access any of our Websites.
Permission To Access Our Websites
Provided you agree to and abide by these Terms, we grant you permission to access our Websites and to print or download material displayed on our Websites for your own personal, non-commercial use. By granting permission, we are giving you a limited, revocable, non-transferable, and non-exclusive license to access the Website for any authorized purpose, including: researching course/club information and activities; looking for, booking, or seeking information about a rental; and reserving tee times, or scheduling other activities.
We hope you will spend time on our Websites and take full advantage of their features and capabilities. However, certain activities are prohibited. By accessing our Websites and accepting these Terms, you agree that you will not:
Use our Website or any of their contents for any commercial purpose, except as specifically authorized by us.
Use or attempt to use our Website or their contents to violate, circumvent, or infringe our rights or the rights of any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity right.
Engage in any activity that may or does damage, disable, or overburden our servers or network, impair or impede the operation of our Website, or interfere with someone else’s access to our Website.
Post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any applicable law, regulation, or court order.
“Frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of our Websites, including without limitation our name, logo, trademarks, or proprietary information, into any other website without our express written consent.
Sell, offer to sell, transfer, or purport license any portion of our Website or their contents, in any form, to any third party without our express written consent.
Use our Website or Services fraudulently or under false pretenses, such as by making a reservation or reservation inquiry under a false name or address or incorrect age, or making a payment using a method of payment that you are not authorized to use.
Attempt to modify, adapt, decipher, translate, decompile, disassemble, edit or reverse engineer any of the software used by us in connection with our Website.
Solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.
Our Website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites, and we are not responsible for their content. Our inclusion of hyperlinks to third-party websites does not imply any endorsement of, or association with, the operators of those sites.
Proprietary Rights and Ownership
The contents of our Website are protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries and by international conventions. We reserve all intellectual property rights to our Websites and to any registered or unregistered trademark, service mark, logo, or other proprietary material used or embodied in or on one of our Websites. Nothing in these Terms grants you a right or license to use any registered or unregistered trademark, design right, or copyright owned or controlled by us or by any third party, except as specifically provided in these Terms.
We will make reasonable efforts to ensure that our Websites are available 24/7. However, from time to time one or more of the Websites may be unavailable due to scheduled maintenance, service upgrades, or unscheduled disruptions of service.
We will make reasonable efforts to ensure the accuracy of information accessible on our Websites. However, all such information is provided “as is,” and we do not provide any warranty, whether express or implied, regarding its completeness, accuracy, or currency.
Our Website may offer online booking features that allow you to research, reserve, and pay for certain Services, including such as rentals, reservations and tee times. If you use these features, you warrant that you are at least 18 years old and that you have legal authority and capacity to accept and be bound by these Terms. You agree that you are financially responsible for all bookings made through our Websites, regardless of whether such bookings are made by you or by someone else using your account or information, including without limitation to minors living with you.
You also warrant that all information supplied by you or members of your household in using this website is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the online booking features of our Website shall be used only to make legitimate reservations or purchases for you or for others for whom you are legally authorized to act. You understand that overuse or abuse of the online booking features of our Websites may result in your being denied access to such features and/or to our facilities. .
Additional Terms May Apply
You can use Website to book rentals, reserve tee times, or schedule other activities; purchase gift cards or other items. If you do so, you acknowledge and agree that such transactions or activities may require you to agree to additional or different terms and conditions. If a conflict exists between these Terms and the terms of any terms and conditions applicable to a specific transaction or activity, the specific terms and conditions will control.
Limitation of Liability
We have adopted reasonable and appropriate physical and electronic safeguards to protect your personal information by preventing unauthorized access, maintaining data accuracy, and ensuring the correct use of information. Our Website may offer an online store to make purchases. In this case, we will also use the Secure Sockets Layer (SSL) protocol, which encrypts any personal information you provide to us by scrambling it before it is sent to us from your computer. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, we provide no warranties, express or implied, regarding the security of any information you transmit to us.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY MALWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, SOFTWARE, OR APPS DUE TO YOUR USE OF OUR WEBSITES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE US FOR ANY LIABILITY FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE) OR ANY OTHER FORM OF MONETARY RELIEF, WHETHER IN LAW OR AT EQUITY, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR WEBSITES, ANY CONTENT ON OUR WEBSITES, OR ANY OTHER WEBSITES OR SERVICES (INCLUDING SERVICES PROVIDED BY US) YOU ACCESS THROUGH OUR WEBSITES.
Governing Law, Venue, and Jurisdiction
These Terms are governed by Michigan law, regardless of choice-of-law or conflicts-of-laws rules. In any legal suit, action, or proceeding arising out of or related to our Website, our Services, or these Terms, venue and jurisdiction shall rest exclusively in the state or federal courts of Michigan. By agreeing to be bound by these Terms, you waive any and all objections to venue and/or personal jurisdiction in the state or federal courts of Michigan.
Class Action Waiver
You agree that any suit, action, or proceeding arising out of or related to our Website, our Services, or these Terms shall be conducted solely and exclusively on an individual basis and not in the form of any class, consolidated, or representative action (including without limitation any parens patriae action).
Waiver and Severability
Any failure on our part to enforce any part of these Terms shall not be deemed a further or continuing waiver of such part, a waiver of any other part of these Terms, or a waiver of any other right or privilege to which we may be entitled.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall continue in full force and effect.
Effective Date and Modifications
We may occasionally update these Terms. When we do, we will also revise the “last updated” date at the top of the page. We encourage you to check this page regularly in order to remain informed of any changes.By continuing to use our Websites after such updates, you are agreeing to the updated version of these Terms.
If you have any questions or concerns regarding these Terms, please contact us as follows:
Black River Country Club
3300 Country Club Drive Port Huron MI, 48060