Last Updated on: February 20, 2025
Please read these Terms of Use (this “Agreement”) carefully. This Agreement is a legal agreement between you and Golf Club Realty, governing your access and use of any Website provided by us from which you are accessing this Agreement (the “Website”). “You” and “your” mean both an individual using the Website and an entity if you are using the Website on behalf of, or for the benefit of, an entity. The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”.
By using this Website, clicking or tapping any button or box marked “accept,” “agree” or “OK”, or completing a contact form, you agree to this Agreement and any changes to it.
This Agreement contains a mandatory arbitration provision that requires use of arbitration on an individual basis to resolve disputes, rather than by jury trials or any other court proceedings, class actions, or class arbitrations.
The “Last Updated” legend shows when this Agreement was last changed. We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Website. Subject to applicable laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Website; or (b) charge, modify, or waive any fees required to use the Website.
Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive license to use the Website and we provide the Website for your personal use only, unless we agree otherwise. The Website, and all its elements, are owned by Golf Club Realty or licensed to us by third parties.
We and our third-party licensors retain all right, title, and interest in the Website, including all patent, copyright, trademark, and trade secret rights therein. The Website may not work with all hardware or devices. You are responsible for obtaining, maintaining, and paying for all hardware, telecommunications, and other services needed for you to use the Website.
By using our Website, you agree that Golf Club Realty may automatically collect information from you and your device while you use our Website. This information may include any actions you take on our Website, including links visited, session details and duration, and what you type into our websites or mobile applications. You also agree that we may collect, transmit, and process information collected by the Website consistent with our Privacy Policy as updated over time.
You represent, warrant, and covenant that you will not:
We may monitor your use of the Website to determine your compliance with this Agreement. We may remove or refuse any data or material included in the Website, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Website, and the circumstances surrounding such access and use.
You agree to be solely responsible for becoming aware of understanding and complying with the most recent versions of all applicable laws and regulations that relate or apply to your use of the Website.
You acknowledge that you are solely responsible for identifying, interpreting, understanding, and complying with all applicable federal, state, and local laws and regulations regarding your use of the Website, including selecting and engaging any legal counsel you may deem necessary to ensure compliance therewith.
The Website may contain the links or pointers to other websites but you should not infer or assume that Golf Club Realty operates, controls, or is otherwise connected with these other websites. When you click on a link within the Website, Golf Club Realty may not warn you that you have left the Website and are subject to the terms and conditions (including privacy policies) of another website. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.
Golf Club Realty is not responsible for the content or practices of any other website even if it links to the Website and even if that website is operated by a company affiliated or otherwise connected with the Company. You acknowledge and agree that Golf Club Realty is not responsible or liable to you for any content or other materials hosted and served from any website other than the Website.
Some of the Website functionality may incorporate or enable you to use artificial intelligence (AI) provided by us or third parties. Should you choose to use such functionality, you expressly acknowledge, understand, and agree that: (a) the use of AI technologies entails inherent risks and uncertainties; (b) AI systems may produce inaccurate or unreliable results due to limitations in data quality, algorithmic biases, or unforeseen circumstances, and as such, you must exercise caution and critically evaluate the outputs generated by AI systems before making any decisions based on them or their output; (c) the collection, storage, and processing of data pose privacy and security risks, and as such, you should be aware of the potential for unauthorized access, data breaches, or misuse of personal information associated with AI systems provided by third parties; and (d) the complexity and unpredictability of AI systems may lead to unexpected output, unforeseen consequences, or unintended side effects, and as such, you should thoroughly review all AI generated output provided and confirm such output is factually accurate, suitable for its intended use, and complies with all applicable federal, state, and local laws and regulations (including any multiple listing service regulations or equivalents) as they pertain to your intended use.
If you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), such Feedback will be deemed a Submission (as defined below), and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place us under any fiduciary or other obligation.
Any posts, blogs, reviews, comments, or similar content you make available to us through the Website will be considered “Submissions.” For each Submission, you grant to us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third-party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission for any purpose (provided that our use and other processing of Personal Information as defined in the Privacy Policy does not violate the Privacy Policy), in any format or media.
We and our third-party licensors (as applicable) own the Website, which are protected by United States and international intellectual property and proprietary rights and laws. Our trade name, trademarks and service marks include Golf Club Realty and any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information, or materials on or made available through the Website that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information, or materials without the express prior written consent of the owner.
THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE WEBSITE WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER WE, NOR OUR AFFILIATES, AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEEDING THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION FOR DAMAGES, OR (II) FIFTY DOLLARS ($50.00), IN THE CASE OF BOTH (A) AND (B) WHETHER ARISING OUT OF, RELATING TO, OR RESULTING FROM THIS AGREEMENT OR THE WEBSITE PROVIDED HEREUNDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE (INCLUDING ANY APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE WEBSITE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will defend, indemnify and hold harmless Golf Club Realty and any Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to: (a) your use of, or activities arising out of, relating to, resulting from, or in connection with, this Agreement, the Website (including all Submissions and Third Party Materials), or the Other Services; or (b) any violation or alleged violation of this Agreement by you.
This Agreement is effective until terminated. We may terminate or suspend your use of the Website at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Website will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.
This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Georgia, U.S.A., without regard to its principles of conflicts of law regardless of your location.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED VIA ALTERNATIVE DISPUTE RESOLUTION INSTEAD OF IN COURT BY A JUDGE OR JURY.
In the event of a Dispute, each Party will promptly appoint a knowledgeable, responsible, and authorized representative to meet and negotiate in good faith to resolve the Dispute. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives during the ninety (90) days following appointment of the representatives for the Parties. Discussions and correspondence among the representatives are solely for purposes of a prospective settlement of the Dispute and are exempt from any discovery and/or production in any future proceedings and will not be admissible therein without the concurrence of the Parties.
If a Dispute cannot be settled through these discussions, the Parties agree to attempt to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures during the ninety (90) days following termination of the discussions of the representatives for the Parties. Mediation shall be in Georgia, U.S.A. The Parties will cooperate with one another in selecting a mediation service and will cooperate with the mediation service, and with one another, in selecting a neutral mediator and in scheduling the mediation proceedings. The mediator’s fees and expenses will be shared equally between the Parties.
The Parties further agree that any unresolved Dispute following mediation shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by a single arbitrator. The place of arbitration shall be Georgia, U.S.A.
Time is of the essence for any arbitration under this Agreement and all arbitration hearings shall take place within one hundred fifty (150) days of filing and any final award rendered within one hundred eighty (180) days of filing, with the arbitrator agreeing to these limits prior to accepting appointment. In making determinations regarding the scope of exchange of electronic information, the arbitrator and the Parties shall be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
The arbitrator will have no authority to award punitive or other damages not measured by the prevailing Party’s actual damages, except as may be required by statute. The arbitrator shall award to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees (e.g., reasonable pre-award expenses of the arbitration, including arbitrator fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone charges, witness fees, and attorneys’ fees). Except as may be required by applicable law, neither a Party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties. The Parties agree that failure or refusal of a Party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that Party to present evidence or cross-examine witnesses.
YOU FURTHER AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AGREE THAT WE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY, AND YOU ARE AGREEING TO GIVE UP ANY LEGAL RIGHT YOU MAY HAVE TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION.
If you have a question or concern regarding the Website, please contact us at [email protected]. Please note that e-mail communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Website infringe your copyright, you (or your agent) may send us a written notice by mail or email, requesting that we remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Website, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Notices and counter-notices must be sent in writing to our Designated Agent as follows:
Golf Club Realty
Legal Department
Legal – Privacy
301 Sea Island Road, Suite 6
St Simons Island, Georgia
31522
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. We make no representation that the Website is appropriate, will be available for use, or will function as intended in locations outside the United States, and access to the Website from territories where such Websites are illegal is prohibited. If you choose to access the Website from locations outside the United States, you do so at your own risk and are solely responsible for compliance with applicable local laws and regulations. Additionally, if you access or use the Website from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located, and you hereby consent to such transfer, storage, and processing of your information to and in the United States.
The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject us or our Affiliated Entities to any registration requirement within such jurisdiction or country.
This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third party beneficiaries to this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either Party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Website or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.
Copyright Golf Club Realty 2025
Camden County
2050 Sanctuary Wynd
Waverly GA 31565
Glynn County
301 Sea Island Road, Suite 6
St Simons Island, GA 31522
