Terms and Conditions
These Golfbreaks Terms of Service (these “Terms”) apply to your use of the Golfbreaks website located at http://www.usa.golfbreaks.com (the “Site”) and the golf and vacation reservation services made available by Golfbreaks through the Site (collectively, the “Golfbreaks Applications”). The Site is operated by Golfbreaks Incorporated with its registered office address at 1408 Gunnison Street, Mt. Pleasant, South Carolina 29466 (“Golfbreaks”, “we” or “us”). Golfbreaks allows users to make reservations at golf courses and hotels around the world through the Site and the Golfbreaks Applications (the Site, the Golfbreaks Applications and any products and services provided by Golfbreaks, collectively referred to as the "Service").
1. Acceptance of the Terms
The Site is offered and made available only to users eighteen (18) years of age or older. If you are not yet 18 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 eighteen (18) 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accessing or linking to this Site, you assume the risk that the information on this Site may be incomplete, inaccurate, out of date, or may not meet your needs or requirements.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. Price and Payment
We reserve the right to alter the price of any golf vacation, not limited to any pricing error, and we will advise you of the current price of the golf vacation before any booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
We advertise a ‘from’ and ‘to’ pricing structure across parts of our website to indicate the range in pricing across different times of the year. The ‘to’ price is based on the same room type as the advertised ‘from’ price. There will be occasional dates where pricing is over and above the ‘to’ price for a venue and the only available rate is the rack rate. Our sales team will make you aware at the time of inquiring that this may not be the best time to take your golf vacation.
After your booking is confirmed, we may vary the price of your vacation solely to allow for variations in: (i) transportation costs including the cost of fuel, (ii) dues, taxes (including local taxes) or charges for services such as embarkation and disembarkation fees at ports and airports; and (iii) the exchange rate applied to your vacation. No price variation will be made less than 30 days before the start of your vacation and we will absorb part of any increase equivalent to 2% of the original cost of your vacation.
A non-refundable deposit of 20% per person must be paid at the time of booking. We reserve the right to ask for an additional deposit amount for certain bookings where we need to pre-pay to the supplier an additional sum to secure your booking, in particular where your booking includes a flight. The balance of the price of your vacation must be paid no later than 60 days before the date your contracted vacation is due to commence (the “Balance Due Date”). Bookings made less than 60 days before the date the vacation is due to commence, must be paid in full at the time of booking. If the deposit, balance or final balance (as applicable) is not paid by the Balance Due Date, we reserve the right to cancel your booking and retain your deposit paid.
The cost of your accommodation does not include any services that you may use or purchase while at the accommodation other than those specifically included in the price of your vacation as set out in your booking confirmation. You must pay the hotel directly for such additional services. These may include spa treatments, purchases from pro shops and any meals and drinks not included in the price of your vacation.
4. Cancellations / Amendments By You
If, once the booking confirmation has been issued, you wish to change the numbers of persons in your group booking, transfer your vacation to another person, or cancel your vacation, the person who originally booked the vacation (the lead name) must notify us in writing by email, post or fax.
We may incur costs in cancelling confirmed bookings, particularly if cancellations occur close to the departure date, and in these circumstances you will be charged a cancellation fee. If you cancel your vacation or the number in your group booking reduces before the Balance Due Date, we have the right to retain the deposit paid by (or due from if still outstanding) each person cancelling as a cancellation fee. If you cancel on or after the Balance Due Date we may charge you a cancellation fee which is up to an amount equal to the balance of the price of your vacation depending on the cancellation costs we incur to our suppliers and how close your cancellation is to your departure date. If you have already paid your balance at the time of cancellation, we will be entitled to retain the cancellation amount from the balance paid, and will refund to you the difference (if any). Please contact [email protected] or your allocated customer service agent prior to confirming your vacation in order to find out your hotel or golf course’s specific cancellation policy. Note that if the reason for your cancellation is covered under the terms of your personal travel insurance policy (see Section 7), you may be able to reclaim these charges.
All amendments are subject to our sole discretion and may be subject to an additional fee which may increase. The closer to the departure date that changes are made and you should contact us as soon as possible. In particular, if numbers change so that there is an odd number remaining in the party, single room supplements will apply.
5. Cancellations / Amendments By Us
Occasionally, we have to make changes to, and correct errors in, our brochures and on our website both before and after bookings have been confirmed, as well as cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so.
In addition, if we have to make a significant change to or cancel your booking, we may pay you compensation, if appropriate. However, compensation will not be payable and no liability beyond offering the above-mentioned choices is accepted where we are forced to make a change or cancel as a result of force majeure (as defined in Section 26 below) or if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).
If any air arrangements that form part of your booking with us are altered due to force majeure (as defined in Section 26 below), we reserve the right (where possible) to re-book you and any other members of your group on a suitable alternative flight or air carrier. We cannot guarantee that the routing or type of aircraft utilized will be the same as originally booked.
Golf clubs and golf courses may either close the golf course or operate temporary tees and greens at their sole discretion as a result of adverse weather conditions. Please see the Inclement Weather policy on our website which is incorporated into these Terms.
6. Complaints During Your Vacation
If you have a complaint or experience any problems during your vacation please inform the hotel or supplier concerned as soon as possible. If the matter cannot be resolved locally with the supplier at the time, you must notify our Customer Services Department at our main office address in writing, giving your booking reference and all other relevant information within 28 days of completion of your vacation. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint while you were in resort and this may affect your rights under this contract.
We consider adequate travel insurance to be essential. Any policy you purchase covers as a minimum the cost of cancellation by you or the full costs that could be incurred in the event of you suffering an accident or illness, including repatriation. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check insurance policies. Please read your policy details carefully and take them with you on your vacation. We do not accept any liability for any possible loss that you suffer as a result of your failure to take out an adequate insurance policy.
8. Special Requests and Medical Problems
If you have any special requests, you must advise us at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
If you or any member of your party has any medical problem or disability that may require assistance, it is your responsibility to tell us before you book or if diagnosed after you confirm your booking as soon as possible after you become aware. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline your booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
9. Passports and Visas
It is your responsibility to ensure that you have the correct travel documentation for your destination and we do not accept any liability if you are refused transportation by any carrier or entry into any country due to your failure to carry correct documentation.
In the event of delays to your transportation, the provision of refreshments is governed by the individual operator's policy.
We cannot accept liability for any delays due to arrangements you make for air travel or any other transportation not booked with us. Where you have booked your flights through us as part of your vacation, any compensation that may be due from us shall be offset by any payment that you receive from the airline or other third party.
11. 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
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.
13. 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.
14. 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.
15. 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 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.
16. 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.
17. Modification of the Terms
18. 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 Section 4. 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]ks.com. 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 and with respect to travel-related services, request a refund in accordance with Section 4 hereof. 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]
20. 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.
22. 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.
24. 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.
25. 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.
26. Force Majure
In these Terms, “force majure” means an event which we could not reasonable forsee and is beyond the control of Golfbreaks. Such events may include, without limitation, war or threat of war, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics and pandemics and all similar events outside our control.
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, 1408 Gunnison Street, Mt. Pleasant, South Carolina 29466. 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 13 (“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:
1408 Gunnison Street
Mt. Pleasant, South Carolina 29466