Terms of Use

Last revised: 11 November, 2015

Welcome to luxurycountryclubs.com. The following terms and conditions form a binding agreement between you and luxurycountryclubs.com that governs your use of our services facilitated through our website at http://luxurycountryclubs.com (“Website”) and our mobile  applications (collectively, our “Services”). As used in this Agreement, “you” or “your” refers to the the person accessing or using our Website or Services and “luxurycountryclubs.com” refers to Internet Holdings, LLC (together with our subsidiaries and affiliates collectively referred to herein as “Luxury Country Clubs”, “we”, “us” or “our”) You and Luxury Country Clubs may also be referred to herein individually as a “Party” and collectively as the “Parties”.

PLEASE READ AND REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING OUR SITE OR OUR SERVICES.

1. YOUR ACCEPTANCE OF THIS AGREEMENT
BY ACCESSING OR USING OUR WEBSITE OR ANY OF OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS CONTENT AND AGREE TO COMPLY WITH AND BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT including our Privacy Policy  incorporated herein by reference and any additional terms applicable to a specific advertising campaign or subscription program that may be presented to you from time to time, in which you may elect to participate in, that are apart of, or may be from time to time made apart of, our Service (collectively, the “Agreement”, “Terms and Conditions”, “Terms of Use” or “Terms of Service”) even if you not create an account or use the Services available through the Site. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE ACCESS OR USE OF OUR WEBSITE OR SERVICE.

2. OUR CHANGES TO THIS AGREEMENT
We may modify or revise this Agreement in our sole discretion at any time, upon posting notice on the Site.  If we make a change to these Terms and Conditions, the revised version of this Agreement will be posted on our Website Terms of Use page. In order that you stay informed as to any such changes, you should review these Terms of Use regularly. You should also print or otherwise save a copy of these Terms of Use for your records. You acknowledge any modification or revision to these Terms of Use shall be effective immediately upon us posting the modified or revised version of the Terms of Use on the Website and if we make an update or change to our Terms of Use, you understand and agree that your continued use of our Site or Services after these Terms of Use have changed, constitutes your acceptance to be bound by the Terms of Use as modified or revised. Without limiting the foregoing, if we make a change to these Terms of Use that materially impacts your use of our Services,we may post notice of any such change on our Website and/or email you notice of any such change to the email address submitted in connection with your account. It is your responsibility to check the email address submitted in connection with your account for any such notices.  IF AT ANY TIME YOU DO NOT AGREE TO THE NEW, MODIFIED OR REVISED TERMS OF THIS AGREEMENT YOU MUST IMMEDIATELY CEASE  ACCESS OR USE OF OUR SITE OR SERVICE.

3. OUR SERVICES
Our Services include all information services about golf and country club communities and resorts as well as any other related services available on or through our Website and Mobile Applications including without limitation the programs, content, products, tools, components, software, upgrades, updates and all related features, websites, channels or applications available now or in the future by us or by third party providers.

Our Services include links and references from our Website to websites or applications of third parties. We help to connect buyers, renters or any other person researching golf or country club communities or resorts with third party real estate professionals, the clubs membership office or the booking or sales office for the resort. Our services also include paid advertising and subscription services for third party real estate professionals. In connection with your use of our Services, you may be made aware of services, websites, products, offers and promotions provided by such third parties. (collectively “Third Party Materials”).  These Third Party Materials are not under our control. While we may earn an affiliate commission from a third party site should you book a hotel room or vacation package, we are not a real estate broker, we are providing these links to you only as a convenience, and the inclusion of any link or reference does not imply endorsement by us of the website or any information contained therein. If you decide to use such Third Party Materials, you are responsible for reviewing and understanding the terms and conditions governing such services, and you acknowledge that the third party is responsible for the performance of such services. Furthermore, we do not assume any liability for any third party’s actions, or for enforcing any agreements such third parties may enter into with you or with us.

Our Services are not endorsed by or affiliated with any golf or country club. In providing the Service, we obtain and rely on certain information from third parties and third party software and applications. We cannot guarantee the accuracy or completeness of such data. To the extent you choose to access and use our Website or any of our Services including without limitation any content obtained by you through any links on the Site to any third party website, you do so at your own initiative and at your own risk. Nothing contained in the Services is an offer to sell or that any third party including without limitation our advertisers, subscribers, affiliates or real estate professionals will sell or rent any real estate, product, package, service for any purpose or price or on any specific promise or terms.

4. REGISTRATION
Some of our Services require registration or enrollment, and as part of the process you will be requested to provide certain information, including among others, first name, last name, email address, company name, and website URL (“Registration Data”) You agree to:
Provide true, accurate, current and complete Registration Data as prompted by the registration process;
Maintain and promptly update the Registration Data to keep it accurate, current and complete;
Maintain the confidentiality and security or access information used by you to access the Website or Services;

Refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s Registration Data; and
Immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Site or the Service or any other breach of security that you become aware of involving or relating to the Website.

We assume that any communications and other activities through use of your Registration Data were sent or authorized by you, and you are fully responsible for all activities that occur under your Registration Data.

By providing us with your Registration Data or contacting us through the Website or by phone, you consent to us sending and you receiving by means of telephone or email communications containing content of a commercial nature relating to your use of the Website, the Services and related services, including further information and offers from us that we believe you may find useful or interesting such as newsletters or promotional materials. You acknowledge that we do not have to obtain your prior consent (whether written or oral) before sending such communications to you, provided that we shall immediately cease to send any such further communications should you unsubscribe from these emails through the instructions in any of these emails or notify us in writing that you do not wish to receive such commercial content anymore.

5. PRIVACY POLICY
Our Privacy Policy governs our collection, use, and disclosure of your personal information we receive when you visit our Site and when you use any part of our Services. By using or accessing the Site and the Service, you consent to the collection and use of information as described in our Privacy Policy as may be amended by us from time to time.

6. CONDITIONAL USE OF OUR WEBSITE AND SERVICES
Your permission to access and use our Website or Services is conditional upon your agreement that:

  • you are at least 18 years of age and possess the legal authority to create a binding agreement;
  • you are not barred from receiving our Services under the laws of the jurisdiction from where you reside or use our Services;
  • you will not copy, modify, or distribute in any medium any part of the Site or Service without the express written permission from us;
  • if you register an account, you will create no more than one account and all information you provide us will always be accurate, complete and updated.
  • you will pay for any add on subscription service or program that you order through the Website using our payment processing or third party payment processing and we may charge your preferred payment source a recurring subscription fees pursuant to plan ordered in accordance with this Agreement.
  • you are solely responsible for any messages, photos, links, text, references, videos, attachments, materials or any other content (collectively “User Content”) that you submit or otherwise send to us or our users including the consequences of submitting your User Content on the Site or Services (including without limitation paying for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to us or through the Services)
  • you understand and agree that when you provide us User Content via our Website or Services pusuant to this Agreement you grant us a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Content in connection with our Services.
  • that your User Content may be viewed by the Public and redistributed through the Internet and other channels.
  • you own or have the necessary rights, licenses, consents and permissions to use and  authorize us to use such User Content submitted by you in accordance with the license granted under this Agreement.
  • we do not endorse your or anyone else’s User Content, and have no obligation to do so.
  • you acknowledge and agree (1) we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to your User Content, other than content provided by us; (2) any submission of your User Content through the Website or Services pursuant to this Agreement is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way and that you have no expectation of any review, compensation or consideration of any type and (3) we make no guarantee, either during or after the term of this Agreement, that your User Content will be safely stored on our Website or servers and is not required to keep back-up copies of your User Content. (4) access and use of the Website and Services is only for the purpose as intended by the normal functionality of the Website and Services and is provided “as is” and “as available”.
  • we reserve the right, for any reason, at any time, at our sole discretion, and without prior notice or liability to you or any third party to (1) modify, edit, amend or remove materials or information provided by you or anyone else and (2) terminate your license to use the Website or Services, deny you service, or prevent future access to and use of the Website or Services (or any portion thereof) pursuant to this Agreement. Without limiting the foregoing, grounds for such termination may include, but are not limited to, extended periods of inactivity, loss, theft or unauthorized use of your Registration Data, violation of the letter or spirit of this Agreement, providing User Content including without limitation Registration Data that is inappropriate or offensive in our discretion, or if we have reasonable grounds to suspect any of the Registration Data that you provided is inaccurate, not current or incomplete.
  • we reserve the right to change or discontinue any aspect of the Website or Services at any time, in any way, and for any or no reason and we shall not be liable to you or any third party for any interruption, modification or cessation of any aspect of the Website or Services;
  • we grant you a limited, non-sublicensable right to access the Website and use our Services for your personal non-commercial, and informational use only, as long as you as long as you comply at all times with the terms and conditions of this Agreement and all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, trademarks, rights of publicity or privacy, property rights or contract rights) of others, our policies or the operational or security mechanisms of the Service.   and without limiting the foregoing you may not:
  • use (i) the Website, (ii) the Service, or (iii) any content, services, features, data, information, text, images, photographs, graphics, scripts, sounds, video, music, sound recordings, programming, logos, trademarks, service marks, code, compilation, format, design, user interface and software and other materials or infrastructure  available through or which appears on the Website or Service (“Content”) to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);
  • interfere with the access, use or enjoyment of the Website or Services by others (including without limitation causing greater demand on the Service than is deemed by us reasonable, attacks such as “flaming” other participants in a manner that might incite or perpetuate a conflict or argument, and creating usernames to attack other participants’ identities); harass or defame others; or promote hatred towards any group of people;
  • harvest or otherwise collect non-public information about another user obtained through the Site or the Service (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
  • add a Website user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
  • use any Content except for the intended purposes of the Service and Website, subject always to the terms of this Agreement. You may not display, import or export feedback information relating to the Website or use it for purposes unrelated to the Service without our prior written consent;
  • alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Website, the Services, any Content, or features;
  • access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service;
  • decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Website or the Service except if and to the extent permitted by applicable law;
  • copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the Services, the Website or the Content;
  • use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to monitor or scrap information from this Website or the Services, or bypass any robot exclusion request (either on headers or anywhere else on the Website);
  • fail to deliver timely payment for your purchases;
  • use any meta tags or any other “hidden text” utilizing any trademarks or intellectual property owned or licensed by us;
  • create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not;
  • ‘deep-link’, redistribute or facilitate the redistribution of Content; and
  • abuse or use any other means to affect or manipulate the Services in general or the pricesquoted through the Services.

7. PROPRIETARY RIGHTS
You acknowledge that the Services and Content, including without limitation the Software, the trademarks, service marks and logos contained on the Website (“Marks”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to individual content and as a collective work or compilation, pursuant to US and international intellectual property laws including without limitation copyright and trademark laws. Any rights to the Content, the Website and the Services are reserved by us, our licensors or our subscribers. All trademarks and other intellectual property rights appearing on our Website and Services are the property of their respective owners.Reference to any information or services (including without limitation that of any real estate broker or agent) by its Marks or otherwise does not constitute or imply endorsement thereof whatsoever by us. Except for the limited license granted to you, pursuant to this Agreement you are not conveyed any other right or license in any way.

8. RELEASE AND DISPUTES WITH OTHERS
You are solely responsible for your interaction with other users of the Website and other parties (including without limitation our advertisers, subscribers or real estate brokers or agents) with whom you come in contact through our Services. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of our Services. If you have a dispute with one or more users of the Site or the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

9. LINKS TO OTHER WEBSITES
The Website contains links and references to websites of others. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. We encourage you to be aware when you leave the Website, and to read the terms and conditions and privacy policy of each other website that you visit. We do not endorse, warrant, or make any representations with respect to such websites. In no event will we be responsible for the information contained in such websites, their practices or for your use of or inability to use such websites, or transmissions received from such sites. You expressly relieve us from any and all liability arising from your use of any third-party website.

10. FEEDBACK
Any material, including without limitation, idea, knowledge, technique, marketing plan, information, questions, answers, suggestions, emails and comments, provided by you to us shall not be considered confidential or of a proprietary nature. In providing us with material, you authorize us to use it and any developments or derivatives thereto, according to our needs as determined in our sole discretion, including for public relations and promotion of the Website and the Services in the online and offline media, and all without requirement of any additional permission from you or the payment of any compensation to you. You also agree that (i) by submitting unsolicited ideas to us or any of our or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to us or any of your employees or representatives automatically become our property. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to us together with all intellectual property rights therein.

11. DISCLAIMER OF WARRANTIES
THE CONTENT, THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, (I) WE MAKE NO WARRANTY THAT THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, ACCURATE, CORRECT, COMPLETE OR AVAILABILE; (II) WE DO NO ENDORSE OR GUARRANTEE ANY USER CONTENT OR OTHER CONTENT AND DISCLAIM ALL LIABLITY WHATSOEVER THERETO; AND (III) WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS WEBSITE, THE SERVICES OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, RESULTS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE AND ASSUME NO LIABILITY FOR ANY CONTENT INCLUDING WITHOUT LIMITATION ANY CONTENT THAT MAY BE INACCURATE OR OTHERWISE UNSUITED TO YOUR PURPOSE, THAT YOU MAY BE EXPOSED TO ON OUR WEBSITE OR THROUGH OUR SERVICES INCLUDING THIRD PARTY WEBSITES.

12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF OUR WEBSITE OR OUR SERVICES (INCLUDING WITHOUT LIMITATION INACCURACIES OR ERRORS OF INFORMATION AS A RESULT OF ACCESSING OUR WEBSITE OR THE SERVICES), (II) ACTION OR INACTION IN CONNECTION WITH THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) STATEMENTS OR CONDUCT OF YOU OR ANY THIRD PARTY ON OUR WEBSITE OR YOUR WEBSITE, INCLUDING WITHOUT LIMITATION ANY SUBMISSIONS THEREON; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between us and you.YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SITE OR SERVICES MUST BE FILED WITHIN THIRTY (30) DAYS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OTHERWISE SUCH CLAIM OR CAUSE OF ACTION IS FOREVER BARRED. In the event this limitation of liability shall be for any reason held unenforceable or inapplicable, you agree that our aggregate liability shall not exceed amount paid by you to us pursuant to this Agreement.

13. INDEMNIFICATION
YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, FROM ALL CLAIMS, LIABILITIES, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED) RELATED TO IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON OUR WEBSITE, SERVICES OR CONTENT, OR (II) YOUR VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS. We will provide you with written notice of such claim. You will not enter into any settlement or compromise of any such claim without our prior written consent. We may assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.

14. COPYRIGHTED MATERIALS, INFRINGEMENT NOTICES AND TAKEDOWN
YOU SHALL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. We have adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of our users who infringe or are believed to be infringing the rights of copyright holders:

If you believe that any material contained on this Site infringes your copyright, you should notify this Site’s Designated Agent listed below with the following information required under Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512):

Name of Designated Agent: Internet Holdings, LLC Legal Department
Full Address of Designated Agent: 160 W.Camino Real, Suite 500, Boca Raton, FL 33432 United States
Telephone Number of Designated Agent: (561) 962.1520
Email Address of Designated Agent: support@luxurycountryclubs.com

Your notice to the Designated Agent should be in English and contain the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and e-mail address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Notwithstanding this section, we reserve the right at any time and in our sole discretion, to remove Content which in our sole judgment appears to infringe the intellectual property rights of another person.

15. GOVERNING LAW AND EXCLUSIVE COURTS
This Agreement will be governed by laws of the State of Florida, USA without regard to its choice of law or conflicts of law principles.

16. ARBITRATION
Any controversy or claim arising out of or relating to these Terms of Use or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Palm Beach County, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Party may seek any interim or preliminary relief from a court of competent jurisdiction in Palm Beach County, as necessary to protect their rights or property.

17. ELECTRONIC COMMUNICATIONS
You acknowledge and agree that the duties and obligations under this Agreement for contractual purposes will be carried out using electronic media and electronic stored information, as permitted by the Uniform Electronic Transactions Act (“UETA”) as adopted by the State of Florida. You consent to receive communications and transactions in an electronic form from us and agree that all agreements, terms and conditions, notices, disclosures and other communications, that we provide to you electronically satisfy any legal requirement that such communications or transaction would satisfy if it were in writing. In Internet Holdings, LLC case, all notices and communication requests required hereunder will be deemed delivered when (a) sent by electronic mail to the email address provided to us by you or third party payment processor during purchase of any Services as of that date and time. In your case all notices and requests required hereunder will be deemed delivered when (a) sent by electronic mail to the following email address: support@luxurycountryclubs.com and (b) deposited in the Mail, postage prepaid, certified or registered, return receipt requested addressed to LuxuryCountryClubs.com Internet Holdings, LLC 160 W.Camino Real, Suite 500, Boca Raton, Florida 33432 United States of America. All correspondence must be marked for the attention of the Legal Department.

18. GENERAL PROVISIONS
The provisions as set forth in this Agreement constitute the entire agreement between you and Internet Holdings, LLC regarding the Website or Services and supersedes all prior agreements and/or understandings, whether oral or written pertaining to the subject matter thereof. If any provision of this Agreement is held invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, pursuant to applicable law to reflect the original provision and shall not affect the validity and enforceability of all remaining provisions of this Agreement which shall continue in full force and effect. The section headings used herein are for convenience only and shall be of no legal force or effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. You agree that no joint venture, partnership, employment, franchise or agency relationship exists between you and us as a result of your use of the Website or Services. The Website or Services are not endorsed by or affiliated with any country club. No provision of the Agreement shall be construed against us but rather shall be construed in a neutral and fair manner as terms entered into by a fully-informed party on a voluntary basis after opportunity to confer with advisors and legal counsel about the meaning and effects of the terms of this Agreement. Any rights to the Content, the Website and Services not expressly granted herein are reserved. Our failure to exercise any of our rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder and no waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term. Our rights under this Agreement will survive any termination of this Agreement. The provisions of this Agreement apply equally to and are for the benefit of Internet Holdings, LLC, its affiliated and related entities or third party providers, and any of their respective affiliates, subsidiaries, directors, officers, partners, businesses and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.