Terms of Use

LAST MODIFIED: March 5, 2024

INTRODUCTION

The website, www.HarbourRidge.com (the “Site”) is owned and operated by Harbour Ridge Yacht & Country Club, Inc., a Florida Not-For-Profit corporation (the “Club”) and also sometimes referred to herein as “we” and/or “us”) and/or its duly authorized licensors and/or agents. We encourage you read these Terms of Use is its entirety before visiting, viewing, accessing, interacting with and/or otherwise use the Site.

BY VISITING, VIEWING, ACCESSING, INTERACTING WITH AND/OR OTHERWISE USING THE SITE IN ANY MANNER, YOU AGREE TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Site is intended to provide general information about our private, waterfront country club community offering 695 residences divided in 28 villages (sometimes referred to herein as the “Community”) located in Martin County, along the shoreline of the North Fork of the St. Lucie River, just 40 minutes of the Palm Beaches. While the Club intends to use its reasonable efforts to include up‑to‑date and accurate information in the Site, the Club makes no representation, warranty or other assurance as to the accuracy, currency or completeness of any of the information contained in the Site, and as such, the Club shall not be liable for any damages or injury arising from, relating to and/or otherwise resulting from (i) any access and/or interaction that you may have with the Site, (ii) from any inability to visit, access and/or otherwise view the Site and/or (iii) any reliance that you may place on any information and/or Content contained and/or referenced in the Site.

The Club, in its sole and absolute discretion, reserves the right to change, modify, add or remove portions of these Terms of Use at any time and from time to time. It is your responsibility to check these Terms of Use periodically for changes. Your direct and/or indirect use and/or interaction with the Site following the posting of changes to the Terms of Use will mean that you accept and agree to such changes. As long as you strictly comply with these Terms of Use, the Club hereby grants you a personal, non‑exclusive, non‑transferable, revocable, limited right to access and use the Site.

OWNERSHIP OF THE SITE AND CONTENT

This Site is owned by the Club. All right, title, and interest to all of (i) the content available through and/or displayed on the Site (the “Content”), which Content includes, but is not limited to, the look and feel of the Site; the data, information, text, graphics, images, sound or video materials displayed as part of this Site and (ii) the designs, trademarks, service marks, trade names and URL of this Site, but excluding User Content (as such term is defined below), are the sole property of the Club and/or its licensors and/or other parties with whom the Club maintains a relationship. Any and all rights in, to and derived from the Content are expressly reserved by the Club.

If you have any questions with respect our Terms of Use and/or the Site, you may contact the Club by telephone at (772) 336-3000 or email at [email protected].

ELIGIBILITY FOR SITE REGISTRATION AND ACCOUNT SECURITY

If you are over eighteen (18) years of age and are a legal owner of a residence located in the Community, you may choose to register on this Site and to obtain a registered account (referred to herein as “User Account”) which registration will provide you with access to certain restricted areas of the Site—including, without limitation, the Resident Directory, copies of the governing documents for the User’s village, and a board highlighting upcoming events and other services offered by the Club (the “Bulletin Board.”)

You are responsible for maintaining the confidentiality of your User Account and its username and/or password and for restricting access to your computers, mobile phones, tablets and/or other devices that enable you to access the Site through your User Account. You are responsible for keeping such information regarding your User Account current, complete, accurate and truthful. You also agree to accept responsibility for all activities that occur under your User Account, username and/or password and you agree that you will not use the User Account, username, email address or password of another user at any time. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your User Account, username and/or password. We reserve the right, at any time for any or for no reason, determined in our sole discretion, to change any username provided by you and to refuse to provide you with access to the Site and/or to terminate your registered account without notice.

USE OF THE SITE

The use of the Site is for your personal use only and may not be used for any commercial purposes whatsoever. Moreover, and without limiting the generality of the foregoing, your permission to use the Site is expressly conditioned on the agreement that you shall not (i) use the Site or any Content in a manner that is inconsistent with applicable law and/or infringes on the intellectual property rights of the Club and/or any other third party; (ii) interfere or attempt to interfere with the proper functioning of the Site, (iii) engage in automated use of the Site or take any action that we deem to impose or to potentially impose an unreasonable large load on the Site and/or (iv) use the Site or any Content which is prohibited by these Terms of Use.

USER CONTENT

The Site may – but is not required to - offer interactive features that allow you to submit, upload and/or otherwise transfer data, information and/or content (“User Content”) to the Site which User Content may be accessible and viewable by the visitors of the Site and/or other registered account holders. To the extent that you submit, upload and/or otherwise transfer any such User Content to the Site, You expressly understand, acknowledge and agree that you are solely responsible for any and all such User Content and represent and warrant that (i) such User Content does not and shall not infringe or violate upon the rights of any other party or violate any applicable laws and (ii) You have obtained and/or secured each and every necessary right, license and/or approval to make each such submission of User Consent. Moreover, to the extent that You submit, upload and/or otherwise transfer any User Content to the Site, you hereby grant to the Club an irrevocable, worldwide, royalty free, non-exclusive license to make use of such User Content and to create derivative works therefrom in such manner and for any purpose whatsoever as determined by the Club in its sole discretion without any obligation whatsoever upon the Club to provide you with compensation or other right. Furthermore, and without limiting the generality of the foregoing, to the extent that you submit, upload and/or otherwise transfer any User Content to the Site, you may not, and agree that you shall not:

post, upload or otherwise transmit or link to Content that is unlawful, threatening, harmful, abusive, pornographic or includes nudity, offensive, harassing, excessively violent, tortuous, defamatory, invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights, false or misleading, obscene, vulgar; libelous, hateful, or discriminatory;
violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
harass or harm another person;
exploit or endanger a minor;
impersonate or attempt to impersonate any person or entity;
introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the infrastructure of the Site or the systems or networks, of the Club or any systems or networks connected to the Site or to the Club ;
cover, remove, disable, block or obscure advertisements or other portions of any Content or any other person’s User Content on the Site;
advertise or promote any good and/or services; and/or
engage in any commercial activity.

Notwithstanding anything contained herein to the contrary, the Club does not endorse any User Content transmitted to or posted on the Site, and the Club does not guarantee the accuracy, integrity or quality of any User Content. You understand that as a result of your use of this Site, you may be exposed to User Content that you may consider to be offensive, indecent or objectionable to you and that under no circumstances are we responsible or liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content.

The Club may and expressly reserves the right (but has no affirmative obligation) to monitor, scan, intercept, review, analyze, store, evaluate, alter or remove User Content (and any messages, information, content or other materials sent to you, or received by you, in connection with the Site or its features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Site, and to monitor, review, analyze or evaluate your access to or use of the Site (including any Site features or functionality), in each case by manual, automated or other means, and in each case for any purpose. Moreover, you understand that the Club has the right to investigate and take appropriate legal action against anyone who, in the sole discretion of the Club, violates these Terms of Use, including but not limited to, terminating a user account and/or reporting such User Content, conduct or activity to law enforcement authorities.

You agree to give permission to the Club to use your image, name, surname, voice and likeness, in relation to any User Content you may publish. Likewise, in the event you share or publish content that includes third parties, you represent you have the right or the permission to use such party’s image, name, surname, voice and likeness and give permission to the Club to use them.

LINKS TO OTHER SITES

This Site may provide links to other sites and/or resources, including advertisers, over which the Club has no control. These links are provided solely as a convenience to you and should not be construed as an endorsement by the Club of content, items, or services on such websites. Your access to and use such other websites, including the use of content, items or services on those sites, is solely at your own risk. The Club makes no representations or warranties with respect to the content, ownership or legality of any linked websites and you acknowledge that the Club has no responsibility or liability whatsoever for the availability of such other sites or resources, or for any content, advertising, products or other materials available through such other websites or resources and/or the acts and/or omissions of any other person and/or entity derived from and/or related to such other sites. You understand that once you leave this Site via a link to another website, you will be subject to the terms of use and privacy policy of such other website.

SYSTEM OUTAGES, SLOWDOWNS AND CAPACITY LIMITATIONS

Any computer system, service or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Site or communicating with us through the internet or other electronic and wireless services. The Site may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.

DISCLAIMERS

NOTWITHSTANDING ANYTHING IN THESE TERMS OF USE TO THE CONTRARY:

THE CLUB DOES NOT AND CANNOT PROVIDE ANY INVESTMENT, INSURANCE, TAX, LEGAL, ACCOUNTING AND/OR ANY OTHER FINANCIAL ADVICE; AS SUCH NOTHING CONTAINED AND/OR PROVIDED IN OR THROUGH THE SITE SHALL CONSTITUTE A SOLICITATION OR RECOMMENDATION TO BID ON AND/OR ACQUIRE ANY REAL PROPERTY AND/OR IS INTENDED TO PROVIDE THE SOLE OR PRINCIPAL BASIS OF ANY DECISION TO INVEST IN REAL PROPERTY AND/OR ANY INTEREST THEREIN.
THE SITE, AND THE CONTENT PROVIDED THEREIN, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE CLUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT.
THE CLUB DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS/SATISFACTION OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE CLUB MAKES NO WARRANTIES AS TO THE USE OF THE SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY CONTENT OR OTHER INFORMATION OBTAINED THROUGH THIS SITE.
THE CLUB DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES RELATED THERETO AND/OR ARISING THEREFROM.
YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS USED AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULTT THEREFROM, INCLUDING BUT NOT LIMITED TO, DAMAGES TO YOUR COMPUTER SYSTEM AND/OR NETWORK OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CLUB OR THROUGH THE SITE SHALL CREATE ANY IMPLIED WARRANTY.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE CLUB AND/OR ITS AFFILIATES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE ARISING FROM, RELATED TO AND/OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THE SITE; (3) ANY SERVICES OBTAINTED THROUGH THE SITE. MOREOVER, YOU UNDERSTAND THAT YOUR SOLE REMEDY AGAINST THE CLUB FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF OUR AGREEMENT TO ALLOW YOU TO MAKE USE OF THIS SITE AND WITHOUT WHICH THE SITE AND ITS CONTENT WOULD BE UNAVAILABLE TO YOU.

INDEMNIFICATION

As consideration for allowing you to access and use the Site, You expressly agree to indemnify, defend and hold the Club , its directors, officer, employees, agents, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with (i) your use of the Site; (ii) User Content You submit or transmit through the Site; (iii) your breach of these Terms of Use; (iv) the violation by You of the rights of any third party and/or (iv) your connection to the Site.

TERMINATION OF USE

You acknowledge that the Club may, in the exercise of its sole discretion, at any time, terminate your use of the Site, without prior notice to you, for any reason that the Club, in its sole discretion, deems appropriate and that the Club has no liability whatsoever to you or to any third party for the consequences of any termination of your use of or access to the Site. In the event of any termination of your use of or access to the Site, you understand that the all of the provisions of these Terms of Use survive the any such termination of your access to or use of this Site.

SEVERABILITY

If any provision of the Terms of Use are found by a court or other binding authority to be invalid, you acknowledge that every attempt shall otherwise be made to give effect to the intention as reflected in the invalidated provision, and any such invalidation shall have no effect upon the remaining provisions of these Terms of Use which shall remain in full force and effect.

LIMITATIONS OF ACTIONS BROUGHT AGAINST THE CLUB

Any claim or cause of action alleged by you as arising out of your use of this Site or pursuant to these Terms of Use must be filed by you no later than one (1) year after the alleged claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

APPLICABLE LAW; VENUE

These Terms of Use and the resolution of any dispute related to them and/or the Site shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the Club and you related to these Terms of Use must be brought exclusively in a federal or state court of competent jurisdiction sitting in Martin County, Florida and you agree to submit to the personal and exclusive jurisdiction of such courts.

MODIFICATIONS TO THE AGREEMENT

The Club may make changes to these Terms of Use from time to time, as may be determined by the Club in its sole discretion, by updating these Terms of Use and posting on this Site and specifying the effective date of the updated version. Each time changes are made to these Terms of Use, notice of the change will be posted in a separate notice on the Site and at the top of the Terms of Use page. The “LAST MODIFIED” date at the top of these Terms of Use will indicate when the latest changes were made. Continued use of the Site following the posting of a new version of these Terms of Use shall conclusively presume your acceptance of the totality of the Terms of Use as then existing. Accordingly, you are advised to check these Terms of Use upon each visit to this Site to determine the latest version date of these Terms of Use.

SUBMISSIONS/FEEDBACK

If you provide to us any ideas, proposals, feedback, suggestions or other materials (“Feedback”), whether related to the Site, the Community or otherwise, such Feedback will be deemed to be User Content, 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.

ENTIRE AGREEMENT

These Terms of Use constitutes the entire agreement between you and the Club with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and the Club with respect to such use are hereby superseded and cancelled. The Club will not accept any counter offers to this Agreement and all such offers are hereby categorically rejected.

NO WAIVER

The failure of the Club to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Club of any provision or any right it has to enforce any provision of these Terms of Use nor shall any course of conduct between the Club and you or any other party be deemed to modify any provision of these Terms of Use.

NO THIRD PARTY BENEFICIARIES

Nothing in these Terms of Use shall be interpreted or shall be construed to confer any rights or remedies on any third parties.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Club asks the users of this Site to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, the Club has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that a work of yours has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of the Club the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Copyright Agent for the Club of claims of copyright infringement on its Site can be reached by telephone at (772) 336-3000 or email at [email protected].

Upon receipt of the written notification containing the information as outlined in 1 through 6 above, the Club will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i) removing or disabling access to the material that is alleged to be infringing; (ii) forwarding the notification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed or disabled access to the material.

I HAVE READ THESE TERMS OF USE AND ANY USE BY ME OF THIS SITE SHALL BE CREATE A CONCLUSIVELY PRESUMPTION OF MY LEGALLY BINDING AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.