TERMS OF USE
Welcome to baldheadisland.com. Bald Head Island Limited provides
the services of baldheadisland.com to you subject to the following
conditions. If you visit baldheadisland.com you accept these conditions.
Please read them carefully.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, video, and
software, is the property of Bald Head Island Limited or its content
suppliers and is protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive
property of Bald Head Island Limited and is protected by U.S. and
international copyright laws. All software used on this site is
the property of Bald Head Island Limited or its software suppliers
and protected by United States and international copyright laws.
TRADEMARKS
Baldheadisland.com and other marks indicated on our site are registered
trademarks of Bald Head Island Limited, in the United States and
other countries. baldheadisland.com graphics, logos, page headers,
button icons, scripts, and service names are trademarks or trade
dress of Bald Head Island Limited. Bald Head Island Limited's trademarks
and trade dress may not be used in connection with any product or
service that is not Bald Head Island Limited's, in any manner that
is likely to cause confusion among customers, or in any manner that
disparages or discredits Bald Head Island Limited. All other trademarks
not owned by Bald Head Island Limited or its affiliates that appear
on this site are the property of their respective owners, who may
or may not be affiliated with, connected to, or sponsored by Bald
Head Island Limited.
PRIVACY
Please review our Privacy Policy,
which also governs your visit to baldheadisland.com, to understand
our practices.
LICENSE AND SITE ACCESS
Bald Head Island Limited grants you a limited license to access
and make personal use of this site and not to download (other than
page caching) or modify it, or any portion of it, except with express
written consent of Bald Head Island Limited. This license does not
include any resale or commercial use of this site or its contents;
any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading
or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and
extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent
of Bald Head Island Limited. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of baldheadisland.com
and our affiliates without express written consent. You may not
use any meta tags or any other "hidden text" utilizing Bald Head
Island Limited's name or trademarks without the express written
consent of Bald Head Island Limited. Any unauthorized use terminates
the permission or license granted by Bald Head Island Limited. You
are granted a limited, revocable, and nonexclusive right to create
a hyperlink to the home page of baldheadisland.com so long as the
link does not portray Bald Head Island Limited, its affiliates,
or their products or services in a false, misleading, derogatory,
or otherwise offensive manner. You may not use any Bald Head Island
Limited logo or other proprietary graphic or trademark as part of
the link without express written permission from Bald Head Island
Limited.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities
that occur under your account or password. Bald Head Island Limited
does not sell products to children. If you are under 18, you may
use the Bald Head Island Online Reservations System only with involvement
of a parent or guardian. Bald Head Island Limited and its affiliates
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
Bald Head Island Limited and its affiliates respect the intellectual
property of others. If you believe that your work has been copied
in a way that constitutes copyright, please contact webmanager@bhisland.com.
USE OF THE ONLINE RESERVATIONS SYSTEM
The Online Reservations feature of this Web site is provided solely
to assist customers in determining the availability of travel-related
goods and services and to make legitimate reservations or otherwise
transact business with suppliers, and for no other purposes. You
warrant that you are at least 18 years of age and possess the legal
authority to enter into this agreement and to use this Web site
in accordance with all terms and conditions herein. You agree to
be financially responsible for all of your use of this Web site
(as well as for use of your account by others, including, without
limitation, minors living with you). You agree to supervise all
usage of this Web site by minors under your name or account. You
also warrant that all information supplied by you or members of
your household in using this Web site is true and accurate. Without
limitation, any speculative, false, or fraudulent reservation or
any reservation in anticipation of demand is prohibited. You agree
that the travel services reservations facilities of this Web site
shall be used only to make legitimate reservations or purchases
for you or for another person for whom you are legally authorized
to act. You understand that overuse or abuse of the travel services
reservation facilities of this Web site may result in you being
denied access to such facilities.
Separate terms and conditions will apply to your reservation and
purchase of travel-related goods and services that you select. You
agree to abide by the terms or conditions of purchase imposed by
any supplier with whom you elect to deal, including, but not limited
to, payment of all amounts when due and compliance with all rules
and restrictions regarding availability of rates, products, or services.
You shall be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of this Web site.
PRODUCT DESCRIPTIONS
Although every effort has been made to ensure the correctness of
this information, Bald Head Island Limited and its authors do not
assume and hereby disclaim any liability to any part for any loss
or damage caused by errors, omissions, misleading information, or
any potential travel problem caused by information provided by Bald
Head Island Limited, even if such errors or omissions are a result
of negligence, accident, or any other cause.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Bald Head Island Limited on an "as is"
and "as available" basis. Bald Head Island Limited makes no representations
or warranties of any kind, express or implied, as to the operation
of this site or the information, content, materials, or products
included on this site. You expressly agree that your use of this
site is at your sole risk.
Bald Head Island Limited does not warrant that this site, its servers,
or email sent from baldheadisland.com are free of viruses or harmful
components.
Bald Head Island Limited will not be liable for any damages of any
kind arising from the use of this site, including, but not limited
to direct, indirect, incidental, punitive and consequential damages.
Certain laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws apply
to you, some or all of the above disclaimers, exclusions, or limitations,
may not apply to you and you may have additional rights.
DISPUTES
Any dispute relating in any way to your visit to baldheadisland.com
or to products you purchase through baldheadisland.com shall be
submitted to confidential arbitration in North Carolina, except
that, to the extent you have in any manner violated or threatened
to violate Bald Head Island Limited's intellectual property rights,
Bald Head Island Limited may seek injunctive or other appropriate
relief in any state or federal court in the state of North Carolina,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
GOVERNING LAW
This Agreement and its performance shall be governed by the laws
of the State of North Carolina, United States of America, without
regard to its conflict of laws provisions. You consent and submit
to the exclusive jurisdiction of the state and federal courts of
Brunswick County, the state of North Carolina, United States of
America, in all questions and controversies arising out of your
use of this site and this Agreement. To the extent allowed by applicable
law, any claim or cause of action arising from or relating to your
access or use of this site must be brought within two (2) years
from the date on which such claim or action arose or accrued.
ATTORNEY'S FEES
If Bald Head Island Limited or its affiliates take any action to
enforce this User Agreement and these terms and conditions, such
parties will be entitled to recover from you, and you agree to pay,
all reasonable and necessary attorney's fees and any cost of litigation,
in addition to any other relief, at law or in equity, to which such
parties may be entitled.
MODIFICATION
Bald Head Island Limited may at any time modify these terms and
conditions and your continued use of this site will be conditioned
upon the terms and conditions in force at the time of your use.
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