Terms of Service

 
 

Revised:  2/20/2018

These Terms of Service (“Terms”) govern your use of the TPC Stonebrae Country Club website (“Site”) and any mobile application, application programming interfaces, and other services offered by TPC Stonebrae Country Club, as well as services offered through third parties integrating TPC Stonebrae Country Club functionality (“Services”).  TPC Stonebrae Country Club (“we” or “us”) provides the Site and Services.  “You” refers to you as a user of the Site or Services.

BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.

  1. Eligibility

You must be at least 18 years old to use the Site or the Services.  If you are under the age of majority in your state of residence, a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.

  1. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”).  Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service.  By using that Service, you agree to the Additional Terms.

  1. Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account.  Our goal is to create a positive, useful, and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site or Services, you may not:

  • violate any law or regulation;
  • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site or Services;
  • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
  • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
  • use any means to scrape or crawl any Web pages contained in the Site;
  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.
  1. Ownership

We own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”).  The Site and Services, Our Content, and Marks are all protected under U.S. and international laws.  The look and feel of the Site and Services are copyright © TPC Stonebrae Country Club. All rights reserved.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from TPC Stonebrae Country Club.

  1. Privacy

Your privacy is very important to us.  Our Privacy Policy (www.stonebraecc.com/privacy-policy) explains how we collect, use, protect, and when we share personal information and other data with others.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account.  We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account.

  1. Links

The Site and Services may contain links to other websites and online resources.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.

  1. Changes to the Site or Services

We enhance and update the Site and Services often.  We may change or discontinue the Site or Services at any time, with or without notice to you.

  1. Termination

We reserve the right to not provide the Site or Services to any person.  We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

  1. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.  THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

IN PARTICULAR, OUR COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES.  OUR COMPANY AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.

You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

  1. Indemnification

You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

  1. Arbitration Agreement & Waiver of Certain Rights

You and TPC Stonebrae Country Club agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings.  You and TPC Stonebrae Country Club hereby waive any right to a jury trial of any Claim (defined below).  All controversies, claims, counterclaims, or other disputes arising between you and TPC Stonebrae Country Club relating to these Terms or the Offerings (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TPC Stonebrae Country Club will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or TPC Stonebrae Country Club from seeking action by federal, state, or local government agencies.  You and TPC Stonebrae Country Club also have the right to bring qualifying claims in small claims court.  In addition, you and TPC Stonebrae Country Club retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

Neither you nor TPC Stonebrae Country Club may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or TPC Stonebrae Country Club’s individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect.  No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement.  Such a waiver shall not waive or affect any other portion of this Terms.  This Section of the Terms will survive the termination of your relationship with TPC Stonebrae Country Club.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR TPC STONEBRAE COUNTRY CLUB WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

  1. Other Provisions

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Francisco, California.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

  1. Changes to these Terms

From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms on the Site.  Those changes will go into effect on the Revision Date shown in the revised Terms.  By continuing to use the Site or Services, you are agreeing to the revised Terms.

Please print a copy of these Terms for you records and PLEASE check the Site frequently for any changes to these Terms.

 

Privacy Policy

Revised:  2/20/2018

Your information privacy is extremely important to us.  We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the TPC Stonebrae Country Club website (“Site”) and any mobile application, application programming interfaces, and other services offered by TPC Stonebrae Country Club. (“Services”).  This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below).  This Privacy Policy applies to all users of the Site and Services.  The Site and Services are provided by TPC Stonebrae Country Club (“Company “we” “our” “us”).

BY USING THE SITE OR SERVICES, YOU ARE CONSENTING TO THIS PRIVACY POLICY.  PLEASE READ IT CAREFULLY.

  1. Managing Your Information Preferences

You can review, correct, update, or change your Personal Information or opt out of receiving certain e-mails by clicking the “Unsubscribe” button on the bottom of member communication emails.  You are able to opt out of receiving marketing e-mails from us, however, you cannot opt out of receiving all e-mails from us, such as e-mails about the status of your account.  If you have questions or concerns regarding this Privacy Policy, please e-mail us at tshenton@stonebrae.com.

  1. Information We Collect

Personal Information

We collect information that personally identifies you, such as your name, e-mail, phone number, age, gender and other personally identifiable information that you choose to provide us with or that you choose to include in your account (“Personal Information”).  You may be asked to provide us with Personal Information when you register with the Site or use any of our Services, and at other times.

  1. How We Use Information and When We May Share and Disclose Information Generally

We use Personal Information for internal purposes only, such as to provide you with the Site and Services, including to send you alerts about your account, to improve the Site and Services, to notify you of new services, and to otherwise communicate with you about our Company.  We will not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Privacy Policy.

We may participate in Facebook.com’s Custom Audience program which enables us to display personalized ads to people on our email lists when they visit Facebook.com. We provide relevant Personal Information, such as your email address and phone number to Facebook so that Facebook can determine if you are a Facebook account holder. You may opt-out of participation in our Facebook Custom Audience by sending an email to tshenton@stonebrae.com detailing the name and email address that should be deleted from Facebook Custom Audience ads. This email must be sent from the email address that you request to be deleted. We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience ads.

  1. Third Party Website and Social Media Platforms

Our Site and Services may contain links to and from other websites or allow you to share content on third party websites or social platforms.  A link to a third party’s website or social platform does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third party websites or social platforms; you access such third party websites or social platforms at your own risk.  You should always read the privacy policy of a third party website and social platform before sharing any information on or with them.

  1. Service Providers

From time to time, we may establish a business relationship with other businesses whom we believe trustworthy and who have confirmed that their privacy practices are consistent with ours (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, and marketing and promotions.  We only provide our Service Providers with the information necessary for them to perform these services on our behalf.  Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure.  Service Providers are prohibited from using Personal Information other than as specified by us.

  1. Notice to California Residents/Your California Privacy Rights

To opt out of sharing your Personal Information with third parties for their direct marketing purposes, you can opt out by unsubscribing.  Please see Section 1 (Managing Your Information Preferences) above for additional information.

  1. Other Transfers

We may share Personal Information and Usage Data with businesses controlling, controlled by, or under common control with our Company.  If our Company is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction.  You will have the opportunity to opt out of any such transfer if, in our discretion, it will result in the handling of your Personal Information in a way that differs materially from this Privacy Policy.

  1. Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law.  We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.

  1. Security

We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us.  However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.

  1. Children’s Privacy

The Site and Services are intended for users who are 18 years old or older.  We do not knowingly collect Personal Information from children under the age of 13.  If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.  California users under the age of 18 may request the removal of their content or information publicly posted on the Site or Services by e-mailing us at tshenton@stonebrae.com. Please note that most of the user content that appears on our Site or Services is stored and controlled by third party providers; thus, complete and comprehensive removal of the content may not be possible.

  1. Privacy Policy Changes

We may change this Privacy Policy from time to time.  If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Site.  Those changes will go into effect on the “Revised” date shown in the revised Privacy Policy.  By continuing to use the Site or Services, you are consenting to the revised Privacy Policy.

Please print a copy of this privacy policy for you records and PLEASE check the Site frequently for any changes.