Site Usage Agreement
Please read these terms and conditions carefully before using kiawahresort.com (“the Web Site”) operated by Kiawah Island Inn Co., LLC (“the Company”).
The services provided by the Company through the Web Site (“Services”) and the use of the Web Site are governed by these terms and conditions (the “Terms and Conditions”). By accessing or using the Web Site or by registering on the Web Site, you (the “User” or “You”) agree that (1) You have read and familiarized yourself with these Terms and Conditions, (2) You understand the Terms and Conditions, and (3) You are bound by the Terms and Conditions in your use of these the Web Site. These Terms and Conditions together with any additional terms and conditions specific to a particular service contained on the Web Site (which are incorporated herein by reference), constitute the entire agreement (the “Agreement”) between the Company and You regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.
If you do not agree to the terms and conditions and/or the agreement, you may not access or use the web site and are asked to leave.
1. Who Can Use This Web Site.
Our Services and the Web Site are not available to, and may not be used by, persons under the age of 18 years old or to temporarily or indefinitely suspended Users. If you do not qualify, please do not use our Services. If you are registering as a business entity, by agreeing to these Terms and Conditions You represent that You have the authority to bind that business entity to these Terms and Conditions. The Company may, in its sole and absolute discretion, refuse to allow use of the Web Site or accept a person’s, or entity’s, registration and may, at any time after accepting registration, refuse to permit a person’s, or entity’s, continuing use of the Services and/or Web Site for any reason or for no reason, in the Company’s sole discretion.
2. Promotional And Pricing Information.
2.1 We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Web Site. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Web Site in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time without further notice to You. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Web Sites in connection with each program, offer or promotion.
2.2 While the Company strives to provide accurate product and pricing information, pricing or typographical errors may occur. The Company cannot confirm the complete price of a room, reservation or product (“Product”) until after You order. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, the Company shall have the right, at our sole discretion, to refuse or cancel any orders or reservations. In the event that a Product is mispriced, the Company may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
3. Third Party Services.
The Company uses Synxis and Netbooker for its reservations engines. The data collected in these areas is subject to the privacy statements found on www.synxis.com and www.pegs.com. Other third parties may provide certain services available on the Company’s behalf related to the Web Site or Services. The Company may provide information, including personal information that it collects to third-party service providers to help us deliver programs, products, information, and services. Service providers are also an important means by which the Company maintains its Web Site and mailing lists. The Company will take reasonable steps to ensure that these third-party service providers are obligated to protect Personal Information. The User hereby acknowledges that the Company is not responsible for the disclosure of personal information by third-party service provides through no fault of the Company.
4. Registered User Identififaction.
4.1 When a User registers with the reservations section of the Web Site the User will submit their name, contact information, and their unique email address and password. The Web Site will then issue the User a User Identification, which together with the unique email and password makes up the Registration Details.
4.2 It is the responsibility of the User to keep his Registration Details safe and confidential.
4.3 The User has no right to disclose Registration Details to anybody else. Further, the User accepts that any breach of any third party rights resulting from your prohibited disclosure or negligent safe keeping of Registration Details which then result in any liability of any nature whatsoever shall be the sole liability of the User. You agree that you will immediately notify the Company by electronic mail of any unauthorized use of your user name or user password to firstname.lastname@example.org.
5. Disclaimer Of Warranties.
The services and the web site, including all content, functions, materials, services, and information made available on or accessed through the services or the web site, are accessed at your own risk and are provided on an “as is”, “where is”, and “as available” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability or fitness for a particular purpose. the company does not warrant that the services, the functions, features or content contained, made available on or accessed through the services or the web site, including without limitation any third-party reservation systems and software, services or other materials used in connection with the services, or the web site, will be accurate, timely, secured, uninterrupted or error free, or that any such defects will be corrected.
The company makes no warranty that the services or the web site will meet user’s requirements, and expressly disclaims any such representations, warranties or guarantees. if a user is, dissatisfied with the services, products or the web site, the user’s sole remedy is to discontinue using the services, products and/or the web site. the company makes no representations or warranties regarding any services, transactions, products or goods purchased or obtained through the services or the web site, or any transactions entered into through the services or the web site. no advice or information, whether oral or written obtained by user from the company or through the services or web site shall create any warranty. the company expressly disclaims any responsibility for any misrepresentations or breaches committed by any user or third party service providers.
The company makes no representations or warranties of any kind, express or implied, concerning products purchased on this web site. To the full extent permissible by applicable law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any warranty offered by the manufacturer of an item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
6. Limitation Of Liability.
In no event shall the company be liable for any damages that are directly or indirectly related to products or the use of, or the inability to use, the services, the failure or accuracy of the third party reservation systems, the web site or the content, materials and functions related thereto, including without limitation, special, indirect, incidental, consequential or punitive damages, loss of revenue or anticipated profits or lost business, lost goodwill or lost sales.
7. Indemnity And Release.
7.2 User and each of their successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge the Company and each of and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Users use of the Web Site or the Services.
8. Information Submitted By The User.
8.1 “User Information” is defined as any information or content (including but not limited to text, data, photographs, graphics, video or audio files) that You provide to the Web Site, or in any public message area (including the contact or the feedback area) or through any email feature as run by the Web Site from time to time. The User is solely responsible for User Information and the Web Site acts as a passive conveyer of User Information.
8.2 By submitting any material to the Web Site, the User automatically grants the Company a royalty free, perpetual, irrevocable, exclusive right and license to use, reproduce, modify, edit, adapt publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology, now known or later developed for the full term of any rights that may exist in such content. The User acknowledges that the Company is not obliged to publish any material submitted by the User.
9. User Information And Conduct.
9.1 User Information and the User’s activities on the Web Site must not:
9.1.1 be false, inaccurate or misleading;
9.1.2 be fraudulent in nature;
9.1.3 violate any applicable local, state, national or international law, statute, ordinance, rule or regulation;
9.1.4 be offensive or menacing, abusive, defamatory, libelous, unlawfully threatening or unlawfully harassing, obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content.
9.1.5 breach copyright, confidentiality, or any other rights, infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights to publicity or privacy;
9.1.6 contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other any computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
9.1.7 interfere with or disrupt computer networks connected to the Services or the Web Site;
9.1.8 use the Services or the Web Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
9.1.9 create liability for the Company or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
9.1.10 interfere with or disrupt the use of the Services or the Web Site by any other user, nor “stalk”, threaten, or in any manner harass another user;
9.1.11 upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications, or offers for any commercial transactions other than as expressly provided for herein;
9.1.12 reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes the Services or the Web Site, or any component thereof (including, but not limited to any materials or information accessible through the Web Site).
9.2 Except for public domain material, this Web Site is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the material at this site (“Content”) while connected to this Web Site (including, where available, to email individual Content to friends directly from this site). You are also granted a limited license to print one copy of any Content posted at the site, but only for your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of author attribution or copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other web sites also is strictly prohibited. You may not display this website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us through our feedback form. You may, however, establish ordinary links to our Web Site without our written permission. You may not deep link to any of the Web Site’s pages.
Without limiting any other remedies available to the Company at law, in equity or under this Agreement, the Company has the right to limit your activity on the Web Site, immediately issue a warning, suspend or terminate your User registration and/or refuse to provide any of the Services to the User without notice to the User for any of the following reasons:
10.2 the Company is unable to verify or authenticate the Registration Details to the satisfaction of the Company;
10.3 if the Company, in its sole discretion, believes it is in the best interest of the Company, its Web Site and/or other Users; or
10.4 the Company, in its sole discretion, believes that the User has directly or indirectly engaged in misrepresentation, fraudulent or illegal activity in connection with the Web Site.
12. Copyright And Trademarks.
12.1 The contents of the Web Site are protected by international copyright laws and other intellectual property rights. KIAWAH ISLAND GOLF RESORT, THE SANCTUARY AT KIAWAH ISLAND, THE OCEAN COURSE, COUGAR POINT, TURTLE POINT, OAK POINT, OSPREY POINT, OCEAN ROOM, JASMINE PORCH, TOMASSO, CHERRYWOOD BBQ AND ALE HOUSE, THE ATLANTIC ROOM, SOUTHERN KITCHEN, THE RYDER CUP BAR, NIGHT HERON GRILL, AND THE MARKET AT TOWN CENTER and other marks, symbols or logos used by the Company and all product and company names and logos displayed on the Web Site are the trademarks, service marks or trade names of their respective owners, including the Company. No display or use of such marks may be made without the prior written permission of the Company.
12.2 All materials provided on this Web site (the “Materials”), and the selection, arrangement and display thereof, are the copyrighted works the Company and/or its vendors or suppliers. The Materials herein are protected by worldwide copyright and other intellectual property laws. Except as permitted herein, none of the Materials may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means without the prior express written permission of the Company.
13. Third Party Rights.
The Agreement and the documents referred to in it are made for the benefit of the parties and their successors and permitted assigns and are not intended to benefit, or be enforceable by, anyone else.
14. Entire Agreement.
These Terms and Conditions and the other documents entered into contemporaneously with or pursuant to them, constitutes the entire agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.
15. Governing Law And Jurisdiction.
This Web Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this Web Site, You agree that this Agreement is governed by and construed and enforced in accordance with the laws of the State of South Carolina as it applies to a contract made and performed in such state and that venue for any lawsuit shall arising out of this Agreement shall be in the state or federal courts located in Charleston, South Carolina.
16. No Agency.
Nothing in the Terms and Conditions and/or Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.
17. Digital Millennium Copyright Act Notice.
The Company respects the intellectual property rights of others. The Company may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at our Web Site in a way that constitutes copyright infringement, or that our Web Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our Agent for notice of claims of copyright infringement on or regarding our web site can be reached as follows:
BY MAIL: Web Manager
Kiawah Island Golf Resort
One Sanctuary Beach Drive
Kiawah Island, SC 29455
BY EMAIL: email@example.com
BY TELEPHONE: (877) 683-1234
BY FACSIMILE: (843) 768-6828
In the event any one or more provisions of this Agreement shall be declared illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.
The terms of this Agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this Web Site) in our sole discretion, without advance notice, and that your right to access this Web Site is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.
Failure of the Company to enforce one or more of the provisions of this Agreement or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof, shall not be construed to be a waiver of such provisions by the Company nor in any way to affect the validity of this Agreement or the Company’s right thereafter to enforce each and every provision of this Agreement.