Terms of Use

 

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING http://WWW.VIAMIZNERGCC.COM OR ANY OTHER WEB SITE SHARING THE DOMAIN NAME OF THIS WEB SITE (COLLECTIVELY, THIS “WEB SITE”). YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY AVAILABLE ON THIS WEB SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY, DO NOT USE THIS WEB SITE.

Via Mizner Golf & Country Club reserves the right to modify these Terms of Use at any time without notice. Any such modifications will be effective when they are posted here.

Via Mizner Golf & Country Club may, at any time, in its sole discretion, terminate your access to this Web site. Access to this Web site may be monitored by Via Mizner Golf & Country Club. If you are accessing this Web site as a representative of an organization, these Terms of Use bind both you and the organization, and all references to “you” and “your” shall be construed to apply to you and the organization.

While Via Mizner Golf & Country Club maintains copyright protection in all materials, information and publications it places on this Web site (collectively, “Web site information”), Via Mizner Golf & Country Club consents to normal downloading, copying and distribution of the information for non-commercial purposes by you or within your organization only. In consideration of this consent, you agree that copies of the Web site information will retain all copyright and other proprietary notices and that you will not modify the Web site information in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, or distribute any Web site information, in whole or in part, without the prior written consent of Via Mizner Golf & Country Club. As a condition of your use of this Web site, you will not use the Web site or the Web site information for any purpose that is unlawful or prohibited by these Terms of Use. You will not use this Web site in any manner that could damage, disable, overload or impair the operation of this Web site or use by third parties.

Certain restricted product information is available on this Web site only to licensed customers of Via Mizner Golf & Country Club who are registered to receive information via passwords issued by Via Mizner Golf & Country Club. This restricted information is considered confidential and proprietary information of Via Mizner Golf & Country Club. If you are a registered customer or a representative of a registered customer, Via Mizner Golf & Country Club authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, within the registered customer’s organization, and only for the intended purposes authorized by Via Mizner Golf & Country Club. Issuance of a password is conditioned on the registered customer using the restricted information in accordance with these Terms of Use and the terms of its license or service agreement with Via Mizner Golf & Country Club. If you are a registered customater, you shall not transfer your password to unauthorized parties and you shall immediately notify Via Mizner Golf & Country Club of any unauthorized use of your password. If you are a registered customer, you are solely responsible for use of your password.

You will not attempt to gain unauthorized access to any Web site information or area within this Web site. Certain information available on this Web site is provided by parties other than Via Mizner Golf & Country Club, particularly information about such other parties. You understand that all such information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, are the sole responsibility of the originating party and that Via Mizner Golf & Country Club has no responsibility for such content and does not guarantee the accuracy, integrity or quality of such content. In no event is the inclusion of a statement about another party, a reference to such other party or a link to another party’s web site an endorsement of such other party, their products or their services.

You may link to the Via Mizner Golf & Country Club home page, but are not authorized to link to any other page on the Via Mizner Golf & Country Club Web site without the prior express written consent of Via Mizner Golf & Country Club, which consent may be withdrawn by Via Mizner Golf & Country Club at any time in its sole discretion. You shall not use any of Via Mizner Golf & Country Club’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You shall not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Via Mizner Golf & Country Club; 2) cause confusion, mistake, or deception; 3) dilute Via Mizner Golf & Country Club’s trademarks, service marks or trade names; or 4) otherwise violate applicable law. Via Mizner Golf & Country Club makes no representations or promises to develop, provide or market any software, service or product discussed on this Web site, and you shall not rely on the information provided or the prospect of availability of any software, service or product currently in development or anticipated to be made available in the future.

Web site information may refer to products, programs or services that are not available in your country. Your should consult a Via Mizner Golf & Country Club representative for information about the products, programs and services that may be available to you. Any software that is available for download from this Web site is the copyrighted property of Via Mizner Golf & Country Club and/or its suppliers. Any use or reproduction of any such software, and any warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web site, if any, are governed by the terms of the agreement applicable to that product or service.

Neither Via Mizner Golf & Country Club, its affiliates or suppliers, nor the respective officers, directors, employees, agents, representatives of subcontractors of each shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or Internet problems, utility failures or problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war or other like causes beyond the reasonable control of Via Mizner Golf & Country Club. Via Mizner Golf & Country Club shall have no responsibility to provide access to this Web site during the continuation of any such event. Via Mizner Golf & Country Club may, in its sole discretion, discontinue providing access to this Web site at any time.

Limitation of Liability

 

THIS WEB SITE AND ALL WEB SITE INFORMATION IS PROVIDED “AS IS” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING THOSE REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. It is your responsibility to take precautions to ensure that whatever you select for your use is free of items such as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL VIA MIZNER GOLF & COUNTRY CLUB, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AFFILIATES, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER CAUSE OF ACTION, FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS WEB SITE OR ANY SITE LINKED TO THIS WEB SITE OR THE WEB SITE INFORMATION. YOU HEREBY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEB SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to release, defend, indemnify and hold Via Mizner Golf & Country Club harmless from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of this Web site or any Web site information. Via Mizner Golf & Country Club reserves the right to take any and all action necessary and to seek any and all remedies available to it to prevent the infringement of its property rights and/or unauthorized use of this Web Site, including but not limited to, the right to seek injunctive relief and/or monetary damages, and to prevent further use of this Web site by anyone who infringes on its intellectual property rights or otherwise misuses this Web Site.

This Web site shall be governed by and construed in accordance with the laws of the State of Florida, without regard to principles of conflicts of laws. By using this Web site, you hereby consent to the exclusive jurisdiction and venue of courts in Palm Beach Country, Florida in all disputes arising out of or relating to the use of this Web site.

These Terms of Use and the Privacy Policy represent the entire understanding and agreement between you and Via Mizner Golf & Country Club regarding the subject matter of same, and supersede all other previous agreements, understandings and/or representations regarding the subject matter thereof.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web site or any Web site information provided on or pursuant to this Web site, except as otherwise permitted under the copyright laws of the United States.

Submissions

Any information, material or idea you submit to this Web site by any means will be treated as non-confidential and non-proprietary and may be used by Via Mizner Golf & Country Club and its affiliates for any purpose whatsoever, including, without limitation, the development and/or provision of products and services, provided, however, that all personal information submitted to this Web site will be used by Via Mizner Golf & Country Club in accordance with the Privacy Policy, the terms of which are incorporated by reference into these Terms of Use as if fully set forth herein. You shall not post or otherwise transmit to or from this Web site by any means any defamatory, libelous, obscene, unlawful, or pornographic material or any other material or information which could result in any civil or criminal liability.

Severability

If any provision of these Terms of Use are found to be unlawful or unenforceable in any respect, these Terms of Use as a whole shall not be deemed unlawful or unenforceable, and the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then such provision shall be stricken). As so reformed or modified, the court shall fully enforce these Terms of Use.

Contacting Us

If you have any questions regarding these Terms of Use, you may contact us at: info@viamiznergcc.com