Terms and Conditions

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This website is operated by Clubhaus Highlands, Inc.

These Terms of Use are entered into by and between you and Clubhaus Highlands, Inc. (“Clubhaus Highlands,” “we,” or “us”). The following terms and conditions (“Terms”), together with our Privacy Policy, govern your access to and use of https://clubhaushighlands.com/ including any content, functionality, and services offered on or through https://clubhaushighlands.com/ (the “Website”), whether as a guest or a registered user (if applicable).

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at the link at the bottom of this page.

For purposes of these Terms, “you” and “your” means you as the user of the Website. If you use the Website on behalf of an entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. By using our Website, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms of Use. Exceptions may be made if you are under 18 years old and have legal authority to enter into these Terms of Use. Please contact lb@clubhaushighlands.com for more information.

Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

Please note that these Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained below.

Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes to the Terms as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. From time to time, we may restrict access to the entire or some parts of the Website to users, including any registered users, if applicable. We are not responsible for any loss or harm related to your inability to access or use the Website. You are responsible for making all arrangements necessary for you to have access to the Website.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

If you choose, or are provided with, a user name, password, a link or a code, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity, except to your personal representative where applicable. You also acknowledge that any account you create (if applicable) or application you complete via the Website is personal to you.

Compliance

You agree to use this Website in a manner that complies with all applicable federal and state laws and regulations. If you become aware of a violation of any applicable privacy law, you agree to immediately notify Clubhaus Highlands, Inc. of such violation and will take all actions necessary to (a) mitigate any potential or actual damage caused by such violation and (b) cooperate with Clubhaus Highlands to assist in doing the same.

You agree not to provide any other person, except to your personal representative where applicable, with access to this Website or portions of it using your name, email address, or other personal or security information. You agree to notify us immediately of any unauthorized access or any other breach of security.

You agree that the email address you register with on this website is only accessible by you and that you will not share login credentials or access to that email address with any other person or entity.

You agree that any photograph uploaded to this website is of you and accurately represents your appearance. This photograph may be used by facilities and by Clubhaus Highlands to confirm your identity when using the Website.

You agree that any logo or graphic that you upload to this Website you (a) have or have been given authorization to use by the owner and (b) represents your current business relationships or companies you are legally affiliated with. These graphics may be used by facilities and by Clubhaus Highlands to confirm your identity when using the Website. You agree not to misrepresent business relationships on the Website by using similar, false, or misleading graphics or language related to affiliated companies.

We have the right to disable any access, username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Website and its entire contents, features and functionality are owned by Clubhaus Highlands, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Website.

Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Clubhaus Highlands. Any use of the Website not expressly permitted by these Terms is a breach and may violate copyright, trademark and other laws.

Trademarks

The Clubhaus Highlands name and all related names, logos, product and service names, designs and slogans are trademarks of Clubhaus Highlands. You must not use such marks without prior written permission. All other names, logos, product and service names, designs and slogans on this Website may be trademarks of their respective owners.

Prohibited Uses

You agree not to use the Website:

In violation of any applicable law or regulation

To exploit or harm minors

To transmit any spam or unauthorized promotional material

To impersonate Clubhaus Highlands or any associated person or entity

To interfere with others’ use or enjoyment of the Website

To introduce malicious code or access protected systems without authorization

Reliance on Information Posted

The content is provided for general information only. We make no guarantees regarding accuracy, completeness, or usefulness and disclaim all liability arising from reliance on such information.

Changes to the Website

We may update or remove content at any time without notice. We are not obligated to keep content current unless required by law.

Linking to the Website

You may link to the Website fairly and legally, but not in a way that suggests endorsement. Framing or in-line linking is not allowed.

Links from the Website

Links to third-party websites are provided for convenience. We are not responsible for their content or any loss you may incur from using them.

Geographic Restrictions

We provide this Website for use only in the United States. Access from other locations is at your own risk.

Disclaimer of Warranties

Your use of the Website is at your own risk. The Website is provided “as is” and “as available” with no warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation on Liability

To the maximum extent permitted by law, Clubhaus Highlands, its affiliates, and service providers shall not be liable for any indirect, special, incidental, consequential or punitive damages arising from your use of the Website.

Arbitration and Class Action Waiver

If a dispute arises, you agree to first contact Clubhaus Highlands at lb@clubhaushighlands.com. If unresolved after 30 days, any claim must be resolved by binding arbitration through JAMS, in accordance with its rules. Class actions and jury trials are waived. Arbitration will occur in Highlands, NC, unless both parties agree otherwise.

Costs of Arbitration

Arbitration fees will be handled according to JAMS rules.

Exceptions

You or Clubhaus Highlands may bring claims for injunctive relief or intellectual property matters directly in court.

Waiver and Severability

No waiver shall be deemed a continuing waiver. If any part of the Terms is found unenforceable, the remainder will continue in effect.

Entire Agreement

These Terms and the Privacy Policy constitute the full agreement between you and Clubhaus Highlands regarding the Website, superseding prior agreements.