Terms & Conditions
The Club at Harbor Point, L.L.C. Terms and Conditions
Please read the following terms and conditions relating to your use of these websites carefully. By using these websites, you are deemed to have agreed to these terms and conditions of use. The Club at Harbor Point, L.L.C. reserves the right to modify them at any time. You should check these terms and conditions periodically for changes. By using these websites after The Club at Harbor Point, L.L.C. posts any changes to these terms and conditions, you agree to accept those changes. If at any time you choose not to accept these terms and conditions of use, please do not use these websites.
Scope of Terms and Conditions
These terms and conditions apply to your use of these websites. These terms and conditions do not apply to your use of unaffiliated websites to which The Club at Harbor Point, L.L.C. websites only link. The Club at Harbor Point, L.L.C. is not responsible for the terms and conditions on other sites when you leave its websites.The Club at Harbor Point, L.L.C. encourages you to be aware of and read the terms and conditions of those websites to ensure your understanding.
Restrictions on Use of Websites
Restrictions on Use of Materials
The contents of The Club at Harbor Point, L.L.C. websites are protected by copyright and trademark laws, and are the property of The Club at Harbor Point, L.L.C. Unless The Club at Harbor Point, L.L.C. says otherwise, you may access the materials located within the websites only for your personal use. This means you may download copies of posted materials for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material, you do not obtain any ownership rights to that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the websites. Only if you obtain prior written consent from The Club at Harbor Point, L.L.C. — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the websites.
The Club at Harbor Point, L.L.C. is not responsible for the availability of any other websites to which these websites link. The Club at Harbor Point, L.L.C. does not endorse or take responsibility for the contents, advertising, products or other materials made available through any other website. Under no circumstances will The Club at Harbor Point, L.L.C. be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other website. You should direct any concerns to that website’s administrator or webmaster. The Club at Harbor Point, L.L.C. reserves the right, however, to rescind any permission granted by it, and to require termination of linking to the websites, at its discretion, at any time.
The service materials on the websites are provided “as is” and without warranties of any kind, either express or implied. The Club at Harbor Point, L.L.C. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
The Club at Harbor Point, L.L.C. does not warrant that any functions contained in the websites will be uninterrupted or error-free, that defects will be corrected, or that the websites or the server that makes them available are free of viruses or other harmful components.
The Club at Harbor Point, L.L.C. does not make any representations regarding the use or the results of the use of the services or materials in these websites in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair or correction to your system.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The Club at Harbor Point, L.L.C. does not endorse, warrant or guarantee any products or services offered on the websites. The Club at Harbor Point, L.L.C. is not a party to, and does not monitor, any transaction between users and third-party providers of products or services.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will The Club at Harbor Point, L.L.C. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the websites, or any products of services provided pursuant to the websites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by The Club at Harbor Point, L.L.C. or any of its licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to it, if any, for accessing the websites.
No Personal Advice
The information contained in or made available through the websites cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical, health or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. The Club at Harbor Point, L.L.C. makes no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the websites. The Club at Harbor Point, L.L.C. will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.
You agree to defend, indemnify and hold The Club at Harbor Point, L.L.C. harmless, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) any content and materials, (iii) your use of materials or features available on the websites (except to the extent a claim is based upon infringement of a third party right by materials created by The Club at Harbor Point, L.L.C.) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The Club at Harbor Point, L.L.C. controls and operates these websites from its offices in the United States of America. It does not represent that materials on the websites are appropriate or available for use in other locations. Persons who choose to access these websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action of law or inequity that arises out of or relates to these terms will be subject to binding arbitration and will be arbitrated in Marin County, CA. If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and The Club at Harbor Point, L.L.C. relating to the subject matter it contains. This agreement may be modified only by The Club at Harbor Point, L.L.C. posting of changes to these terms and conditions or by a writing signed by both parties.
Materials may be made available via the websites by third parties not within The Club at Harbor Point, L.L.C.’s control. Because The Club at Harbor Point, L.L.C. respects the copyright interests of others, it is its policy not to permit materials known by The Club at Harbor Point, L.L.C. to infringe upon another party’s copyright to remain on the websites.
If you believe any materials on the websites infringe upon a copyright, you should provide The Club at Harbor Point, L.L.C. with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Club at Harbor Point, L.L.C. to locate the material;
- Information reasonably sufficient to permit The Club at Harbor Point, L.L.C. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All such notices should be sent to customer service at:
The Club at Harbor Point, L.L.C.
475 E Strawberry Drive
Mill Valley, CA 94941
Your Acceptance of These Terms
By using any of the The Club at Harbor Point, L.L.C. websites, you signify your acceptance of and promise to comply with its terms and conditions of use. If you do not agree to the terms and conditions of use, please do not use The Club at Harbor Point, L.L.C. websites. Your continued use of the websites following the posting of changes to these terms and conditions of use will mean that you accept those changes.