When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All materials displayed on, or contained within, the Site, including, but not limited to, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks, and service marks (collectively, the ‘‘Materials”), are the property of The Hermitage Club or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. The Hermitage Club and affiliates’ name, designs, and related marks contained within the Materials are trademarks of The Hermitage Club or its affiliates. You acknowledge and agree that the Site and the Materials are the property of The Hermitage Club, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Site or in the Materials. The Site and the Materials are protected by copyright, both individually and as a collective work or compilation, by trademark and patent laws, and by other applicable laws.
You may use the Site’s features, offerings and content for lawful purposes only. Any misuse of the Site or any of the Materials is strictly prohibited. Except as indicated to the contrary elsewhere on this Site, you may use the Materials available on this Site subject to the following conditions: (i) the Materials are used solely for personal, informational, or internal business purposes; (ii) the Materials are not provided, sold, licensed or leased (nor is access provided to the Materials) for any fee or other consideration; (iii) all copyright, trademark and other proprietary rights notices included in the Materials as presented on this Site appear on all copies; (iv) the Materials are not modified or altered in any way; and (v) no graphics are used separately from accompanying text.
In using the Site, you agree that you shall not: (i) delete, modify, hack or attempt to change or alter any of the Materials on the Site; (ii) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties’ use of the Site; (iii) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine; (iv) use any The Hermitage Club or its affiliates names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text; (v) use any material or information, including text, images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, rights of publicity or other proprietary right of any party; or (vi) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
The Site is not intended for use by children. If you are under 18, you may use the Site only with permission and involvement of a parent or guardian. The Hermitage Club and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
SUBMITTING OR POSTING CONTENT
The Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (‘‘Post”; or ‘‘Postings”). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide.
Postings do not reflect the views of The Hermitage Club or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site.
You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing disclosure of the identity of anyone posting any such information or materials.
The Hermitage Club has no obligation to monitor any Postings on this Site. However, The Hermitage Club reserves the right to review, modify, distribute, remove or delete any public comment at any time. The Hermitage Club also reserves the right at all times to disclose any information as The Hermitage Club deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Hermitage Club’s sole discretion.
NO ENDORSEMENT OF THIRD PARTY SITES
The Site contains links to or references third party websites, resources and advertisers (collectively, ‘‘Third Party Sites”). Your linking to such Third Party Sites is at your own risk. The Hermitage Club and its affiliates are not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. The Hermitage Club also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Site. Under no circumstances shall The Hermitage Club be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster. Any links to Third Party Sites do not imply that The Hermitage Club is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of The Hermitage Club or its affiliates.
TERMINATION / REMOVAL
DISCLAIMER OF WARRANTIES
The Hermitage Club and its affiliates attempt to be as accurate as possible. However, The Hermitage Club does not warrant that descriptions of services or other content on this Site is accurate, complete, reliable, current, or error-free. Neither The Hermitage Club nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
THIS SITE IS PROVIDED BY THE HERMITAGE CLUB ON AN ‘‘AS IS” AND ‘‘AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE HERMITAGE CLUB AND ITS LICENSORS, MAKE NO RESPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE HERMITAGE CLUB DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE HERMITAGE CLUB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HERMITAGE CLUB 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.
THE HERMITAGE CLUB, AND EACH OF ITS LICENSORS, ASSUMES NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. THE HERMITAGE CLUB RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENTENT, IN ANY PORTION OF THE SITE AT ANY TIME WITHOUT NOTICE. THE HERMITAGE CLUB MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE.
THE HERMITAGE CLUB DOES NOT WARRANT THAT THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE 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 MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL THE HERMITAGE CLUB, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITE, THE HERMITAGE CLUB’S REMOVAL OR DELETION OF ANY MATERIALS ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE HERMITAGE CLUB OR ANY OF ITS AFFILIATES OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE HERMITAGE CLUB, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.
LIMITATIONS ON ACTIONS
Each party hereby consents (a) to the exclusive jurisdiction of the courts in Houston, Texas for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.
SITE GOVERNANCE AND SEVERABILITY
Last updated and effective as of April 27, 2012