TERMS AND CONDITIONS FOR THE RESERVATION OF APPLICATION FOR MEMBERSHIP SERVICES FOR
PENNINSULA GOLF CLUB, LLC
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THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.
BY PLACING AN ORDER FOR RESERVATION OF APPLICATION FOR MEMBERSHIP SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER A RESERVATION OF APPLICATION FOR MEMBERSHIP SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT AT LEAST 21 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THE PROSPECTIVE FACILITY SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the order of reservation of application for membership services (the “Membership Application Reservation”) from Peninsula Golf Club, LLC, a South Carolina limited liability company (the “Company”) and corresponding deposit descried herein (the “Deposit”) through WWW.PENINSULA-GC.COM (the "Site"). These Terms are subject to change by the Company (referred to as "us", "we", or "our" as the context may require) upon written notice to the user making the order/deposit hereunder (referred to as “you” or “your” as the context may require) at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before making the Membership Application Reservation.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for services through this Site (see 36).
2. Membership Application Reservation and Deposit Terms.
(a) All orders for Membership Application Reservation must be accompanied by a Deposit in the amount of $1,000.00 through an approved payment method on the Site. All accepted Deposits will be placed in a segregated checking account of the Company and will not be comingled with any operational funds.
(b) We may choose not to accept any order for Membership Application Reservation in our sole discretion, and in such case, we will notify you by email and the Deposit will be returned in full. If your order for Membership Application Reservation is accepted after having received your order and Deposit, we will send you a confirmation email of your Membership Application Reservation. Upon confirmation of your Membership Application Reservation, you may not cancel your order. Any attempted cancelation after such time will result in forfeiture of the Deposit, unless otherwise agreed by the Company in writing.
(c) The Deposit and confirmed Membership Application Reservation only reserves your ability to apply for membership to our Company club facilities, and does not guarantee that your membership application will be accepted. We reserve our right to accept or deny membership applications in our sole discretion, subject to applicable law. Membership Application Reservation does not guarantee membership in the Company club facilities. Membership is not only subject to approval by the Company in its sole discretion, but is further subject to your completion and execution of definitive and binding documents, including a membership application, membership agreement, release and liability wavier, and acknowledgement of club rules, among others (the “Membership Documents”).
(d) If your Membership Application Reservation is confirmed, your opportunity to apply for Membership will be at a later date but no later than (24) months from date of confirmation. Applications for membership in the Company’s club facilities will be sent in the order of the confirmation dates of Membership Application Reservation.
(e) You will be notified by email when the application for membership has been made available to you. You must submit your application within thirty (30) days of such notice. If membership is not granted upon application, the Deposit will be returned in full. Furthermore, if application has not been made available by the Company within twelve (12) months from date of confirmation of the Membership Application Reservation, the Deposit will be returned in full. If you fail to apply within the thirty (30) period noted above, or otherwise choose not to accept your invitation to become a member, your Deposit will be forfeited and retained by the Company.
(f) If your membership application is approved and you accept invitation to become a member, the Deposit will be credited towards your member initiation fee.
3. Prices and Payment Terms.
(a) All prices posted on this Site, including for the Deposit, are subject to change. Posted prices do not include taxes or processing fees. The price charged for club membership services and terms of payment will be the price and terms in effect at the time of application in accordance with the Membership Documents. Price increases will only apply to orders placed after such changes.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept payment methods as permitted by the Site. In the event you use a credit card to pay your Deposit, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your
4. No Cancelation or Refunds. As stated above, you may not cancel your order for Membership Application Reservation following confirmation, and are not entitled to a refund or return of your Deposit except in the express circumstances stated in Section 2 above.
5. NO WARRANTIES; LIABILITY LIMITATION.
(a) No Warranties. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE OF THE SITE OR REGARDING THE COMPANY’S CLUB FACILITIES, SERVICES, LOCATION AND TIMELINES. ALL PLANS AND INFORMATION SURROUNDING THE PROSPECTIVE CLUB PROVIDED BY THE COMPANY AND ITS EMPLOYEES/AGENTS, WHETHER WRITTEN OR ORAL, ARE MERELY PROJECTIONS AND ARE SUBJECT TO CHANGE. ACTUAL RESULTS MAY VARY SIGNIFICANTLY.
(b) Limitation of Liability. THE RETURN REMEDIES DESCRIBED IN SECTION 2 ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND THE COMPANY’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THESE TERMS. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEPOSIT, AND SHALL NOT INCLUDE ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES WHATSOEVER, WHETHER DIRECT OR INDIRECT.
6. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, available at WWW.PENINSULA-GC.COM, governs the processing of all personal data collected from you in connection with your order for pre-reservation of membership application services through the Site.
7. Force Majeure. Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (f) national or regional emergency; (h) telecommunication breakdowns, power outages or shortages, and (i) other events beyond the control of the Impacted Party. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause.
8. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule.
9. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 9 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
10. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
11. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and us.
12. Notices.
(a) To You. We may provide any notice to you under these Terms by sending a message to the email address you provide. Notices sent by email will be effective when sent. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by email at JMV@PENINSULA-GC.COM. We may update the address for notices to us by posting a notice on the Site. Notices provided by email will be effective when sent.
13. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
14. Entire Agreement. These Terms, and our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained herein.