Club Overview

"It may be one of the best kept 'secrets' for those who seek a high quality of cultural and recreational coastal living."

Gene & Bobbie Wingerter
CCL Members since 2001



COUNTRYCLUBOFLANDFALL.COM

TERMS AND CONDITIONS AND PRIVACY POLICY


Welcome to countrycluboflandfall.com. By accessing and using countrycluboflandfall.com, its services, and network (the "Websiteā€¯), you (the "User") signify that you have read, understand and agree to be bound by these Terms and Conditions and this Privacy Policy (Terms and Conditions and Privacy Policy collectively referred to as "Terms of Use"). Website is operated by the Country Club of Landfall (the "Club"). Club reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If the Terms of Use are modified, such changes shall be posted on Website. User's continued use of Website after any such changes constitutes User's acceptance of the new Terms of Use. If User does not agree to abide by these or any future Terms of Use, User shall not use or access (or continue to use or access) Website. It is User's responsibility to regularly check Website to determine if there have been changes to these Terms of Use and to review such changes. These Terms of Use shall survive the termination of User's Account and User's use of Website.

EACH USER IS REQUIRED TO READ AND ACCEPT THESE TERMS OF USE. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING EACH USER'S LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.


Eligibility


WEBSITE IS FOR USERS WHO ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND MEMBERS OF CLUB. ANY REGISTRATION BY, USE OF, OR ACCESS TO WEBSITE BY ANYONE UNDER THE AGE OF EIGHTEEN (18) OR NOT A MEMBER OF CLUB IS PROHIBITED AND IN VIOLATION OF THESE TERMS OF USE.


Account Registration


During registration, Club may request certain personal information about User in order to create a user account ("Account"). User must provide Club with accurate, complete, and updated information. Club will use collected information to link User's Club Membership Information to User's Website Account. If User fails to provide accurate, complete, or updated information, Club may deny or terminate User's Account with or without notice to User.

USER ACKNOWLEDGES THAT CLUB MAY COLLECT AND STORE USER'S NAME, USERNAME, PASSWORD, EMAIL ADDRESS, AND ANY OTHER PERSONAL INFORMATION USER CHOOSES TO PROVIDE TO CLUB ONLINE OR OFFLINE. User also acknowledges that Club may collect non-personal identifiable information including IP addresses, profile information, aggregate User data, and browser types from User. Club may use such information to secure information, manage Website, track usage, and improve the overall Website. 


Account Termination and Deletion


CLUB, IN ITS SOLE DISCRETION, MAY TERMINATE AND DELETE USER'S ACCOUNT WITHOUT NOTICE TO USER.

Account information is not accessible after the Account is deleted. However, User information may continue to appear in other areas of Website until those areas have been updated.

Even after deletion of an Account, Company may retain User information for archival purposes. Archival copies of this information are not posted publicly on Website. This information is maintained to allow Company to recover content and restore Accounts in the event of equipment or system failure or to abide by legal requirements.


Proprietary Rights


Club owns and retains all proprietary rights in Website. Website contains certain protected materials such as trademarks, copyrights, and other proprietary information of Club and its licensors.

All trademarks, service marks and logos used on Website are the sole property of Club and/or its partners. These marks include, but are not limited to, Country Club of Landfall, Country Club of Landfall (logo design) and other Club graphics, logos, designs, page headers, button icons, scripts and service names that are protected by U.S. and international copyright, trademark, and other intellectual property laws. All content created by Club, its partners, or its suppliers and included on Website, such as text, logos, graphics, images, java script code, HTML code, and other software, is the property of Club, its partners, or suppliers.

Club's trademarks and trade dress may not be used, including as part of trademarks, links, and/or as part of domain names, and may not be copied, or imitated, in whole or in part, without the prior written permission of Club. User may not copy, modify, publish, transmit, distribute, perform, display, or sell any portion of Website without the express written consent of Club. Nothing in this Terms of Use shall grant User any right or license to use any trademarks, service marks, logos, or any other proprietary information contained on Website.


User Conduct


User shall not:

i. Modify, adapt, translate, or reverse engineer any portion of Website, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Website;
ii. Reformat or frame any portion of Website;
iii. Attempt to probe, scan or test the vulnerability of Club's system or network, or breach any security or authentication measures;
iv. Falsify any TCP/IP packet header or any part of the header information in any content, or in any way use Website to send altered, deceptive, or false source-identifying information;
v. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure protecting Website;
vi. Remove or alter in any manner any copyright, trademark, or other proprietary right notices contained in or on Website;
vii. Interfere with other User's use of Website;
viii. Use any meta tags, hidden text, or metadata utilizing Club's trademark, UR, or product name without Club's express written consent;
ix. Impersonate or misrepresent User's affiliation with any person or entity, through pre texting or any other form of social engineering, or otherwise commit fraud;
x. Resell Website, in whole or in part; xi. Violate any applicable law, regulation, or ordinance; or xii. Use Website in any manner not permitted by these Terms of Use.  


Indemnity


USER SHALL DEFEND, INDEMNIFY, AND HOLD CLUB AND ITS OFFICERS, DIRECTORS, MEMBERS, AND EMPLOYEES, HARMLESS FROM ANY LOSS, DAMAGE, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES, ARISING OUT OF: (I) USER'S USE OR MISUSE OF WEBSITE; (II) USER'S CONNECTION TO WEBSITE; (III) USER'S VIOLATION OF ANY OF THESE TERMS OF USE; OR (IV) USER'S VIOLATION OF ANY REPRESENTATION OR WARRANTY MADE BY USER TO CLUB.

User's defense and indemnification obligations shall survive these Terms of Use and User's use of Website. User is solely responsible for his/her actions when using Website, including, but not limited to, costs incurred for Internet access.


Liability and Disclaimers


User agrees that use of Website is at User's sole risk. Club does not guarantee the accuracy, completeness, or usefulness of any content on Website nor does Club adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by any User regarding Website. Club does not guarantee any specific results from use of Website. No advice or information, whether oral or written, obtained by User from Club, or from or through use of Website shall create any warranty not expressly stated herein. Club assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Website. Club is not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by Website.

WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY, OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL CLUB OR ITS DIRECTORS, MEMBERS, OR EMPLOYEES BE LIABLE TO USER OR ANY THIRD PERSON FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR LOST DATA, ARISING FROM USER'S ACCESS OF, USE OF, OR RELIANCE ON WEBSITE OR ANY WEBSITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH WEBSITE, EVEN IF CLUB IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CLUB IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. UNDER NO CIRCUMSTANCES SHALL CLUB BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM ANY USER'S USE OF WEBSITE, ANY CONTENT POSTED ON WEBSITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN OR AMONG USERS, WHETHER ONLINE OR OFFLINE.


Fees


User acknowledges that Club reserves the right to charge for access to Website and to change such fees from time to time in its discretion. If Club terminates User's Account because User breaches these Terms of Use, User shall not be entitled to a refund of any unused portion of subscription fees paid, if any. 


Links


Users shall not link to Website on third-party websites without the prior written consent of Club.

Website contains links to third-party websites. These websites are not affiliated with, associated with, or endorsed by Club. Club is not responsible for the privacy policies and/or terms of use on these other websites. When linking to another website a User should read the privacy policy and terms of use stated on that website. Club's Terms of Use only govern information collected on Club's Website.


Passwords and Security


All Accounts are password protected. When Users create their Account, Users shall be assigned a username and password by Club. Users' usernames shall be permanent, but Users may change the assigned password. Users shall not disclose their username or password to any third party or permit any third party the use of their username or password. Furthermore, Users are solely responsible for maintaining the confidentiality of their username and password, and for any and all activities that occur under that name and password. User shall immediately notify Club if User has any suspicion that an unauthorized party is accessing User's Account. User may change his/her password at any time.

Club will make reasonable efforts to protect User information; however, please note that despite Club's efforts, factors beyond Club's control may result in disclosure of User information. Accordingly, Club is not in a position to guarantee that User information will be secure under all circumstances. 


SPAM Policy


User shall not collect information of other Users, by any means, for the purpose of sending unsolicited email, or unauthorized framing of or linking to Website. USERS ARE PROHIBITED FROM SENDING UNSOLICITED EMAIL ADVERTISEMENTS TO CLUB'S EMAIL ADDRESSES AND OTHER USER'S EMAIL ADDRESSES.


Non-Commercial Use


Website is for User's personal use only. Website shall not be used in connection with any commercial endeavors. 


Contact Information


User may contact Club through email or letter. Club may keep records of any such emails and/or letters.


Disputes


Any disputes between User and other Users, and/or third-parties are the responsibility of User. Club reserves the right, but shall have no obligation to monitor, resolve, or take any action in regard to such disputes. IN THE EVENT USER HAS A DISPUTE WITH ONE OR MORE OTHER USERS, SUCH USER RELEASES CLUB AND ITS DIRECTORS, MEMBERS, AND EMPLOYEES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECT OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR ANYWAY RELATED TO WEBSITE.

Any dispute between User and Club shall be governed by the laws of the State of North Carolina without regard to principles of conflict of laws. By using Website User agrees to personal jurisdiction and venue in the state and federal courts located in Wilmington, North Carolina for the resolution of any dispute.

ND: 4817-5727-6677, v. 1