Member/Resident Login

TERMS OF USE

These Website Terms and Conditions of Use (“Terms”) govern your access and use of the website(s) made available to you by Hound Ears Club, Inc. and its affiliates (the “Club”), including the website located at www.houndears.com, the Hound Ears Club Mobile Application, and any social media sites operated by or on behalf of the Club (collectively, the “Site”).  These Terms set forth the terms and conditions under which you may access and use the Site and all services (as further described in Section 4 of these Terms) provided by the Club and made available on the Site (the “Services”).   

 

1. Accessing the sites

By accessing the Site, you consent to be bound by these Terms.  If you do not agree to all of the terms and conditions provided in these Terms, do not use the Site or the Services.
 

2. Modifications to these terms

The Club may modify these Terms from time to time in its sole discretion and without notice to you.  You understand and agree that your continued use of the Site and/or Services after any changes to the Terms have been made indicates your acceptance of such changes.
 

3. Privacy Policy

The Club has established a privacy policy (the “Privacy Policy”) to explain to you how your personal information is collected and used by The Club and its partners.  You can view the Privacy Policy here: www.houndears.com/Privacy_Policy

In connection with your use of the Site and Services, you agree that The Club may use and maintain your data in accordance with the policies set forth in the Privacy Policy, as such Privacy Policy may be updated by The Club from time to time.
 

4. Description of the Services

The Services may include, among other things, access to information regarding events at the Club, directory information, online statements and payments, tee time booking services, communications and inquiries regarding membership or property ownership at the Club, rental and booking services for events, reservations for lodging, restaurants, and other amenities and news and information regarding your property ownership, membership or other use of the Club.
 

5. Your use of the Site and Services

The Site and Services are for use by individuals who are at least eighteen (18) years old.  The Site and Services are offered for use only in accordance with these Terms, and the Club reserves all rights not expressly granted to you herein.  Access to some of the Services may be limited to those who have created or been provided with login credentials connected to their property ownership or membership at the Club.  Such access may be revoked or limited at any time by the Club in its sole discretion, including as the result of loss of membership or transfer of property.

The Club reserves the right from time to time to temporarily or permanently modify or discontinue, and restrict or block the Services and/or access to the Site or any part thereof, without notice.  The Site may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications.  The Club is not responsible for any delays, failure or other damage resulting from such problems. 

In order to access the Services, you may need to register for an account by selecting or being provided with a user ID and password.  In creating your account, you must provide complete and accurate information about yourself, including but not limited to your full name, email address, member number, and other information as required by the Club.  You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts.  You are responsible for maintaining the confidentiality of your user ID and password and you shall immediately notify the Club if you user ID or password is compromised.  You are fully responsible for all activities that occur through the use of your user ID and password. 

Subject to your compliance with these Terms, The Club grants you a limited, non-exclusive, non-transferrable, revocable license to access and use the Site and Services.  You acknowledge and agree that you will not reproduce, duplicate, copy, sell or resell the Site, the Services or any content, features, or other material contained on the Site or in the Services.

The Club retains the right, in its sole discretion, to determine whether your use of the Site or Services is consistent with these Terms.  The Club may suspend, restrict or terminate your use of the Site or Services if we determine that your use of the Site or Services fails to comply with these Terms.
 

6. Communications and alerts – opting in and out

In order to access the Services, the Club may need to communicate with you from time to time via email, SMS message, or other means of electronic communication.  By providing your mobile telephone number or email address to us, you expressly consent (opt-in) to receiving marketing and informational texts and calls to your mobile phone, including without limitation auto-dialed or pre-recorded messages, and emails by us or others on our behalf.  Such communications may include responses to your requests for information on the Services, appointment and account status and reminders, alerts, fraud prevention or investigation efforts, Club and community news, surveys, proxies, emergency communications, and/or information about promotions, new products and events.  We also may provide you with other opportunities to opt-in to receiving such communications at the mobile phone number(s) and email addresses you have shared with us. You do not have to opt-in to text messages and alerts to use the Services, to receive a quote or to make purchases.  You are responsible for promptly informing The Club of any change in your contact information, including your phone number and email address.  For more information regarding our communications and alerts, please contact us at the email address set forth in the “Contact Information” section below. 
 

7. Materials You Provide

You acknowledge that you are responsible for any material you may submit via the Site(s), including the legality, reliability, appropriateness, originality and copyright of any such material.  User content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Additional content rules for user content include the following (collectively, “Content Standards”). These rules may be updated from time to time and posted on this Site:

You may not upload to, distribute or otherwise publish through the Site(s) any content that (1) is false, obscene, fraudulent, libelous, defamatory, abusive, indecent, offensive, harassing, threatening violent, or hateful; (2) promotes or contains sexually explicit or pornographic material, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (3) is confidential, proprietary, invasive of privacy or publicity rights, or infringing on patents, trademarks, copyrights, trade secrets or other intellectual property rights, abusive, illegal or otherwise objectionable; (4) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; (5) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or (6) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”  Furthermore, you may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.
 

8. Prohibited Activities

You agree that you will only use the Site and Services for the purposes expressly set forth in these Terms.  You agree that you will not:
  1. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site, Services or any portion thereof;
  2. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Services, other than the search engines and search agents available through the Site or Services and other than generally available third-party web browsers;
  3. post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site and Services;
  4. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or Services; or
  5. attempt to gain an unauthorized access to any portion of the Site or Services.
 

‚Äč9. Intellectual Property

As used in these Terms, “Intellectual Property Rights” shall mean all intellectual property rights throughout the world, including copyrights, patents, trademarks, trade secrets, know how, authors’ rights, rights of attribution, and other proprietary rights, and all applications and rights to apply for registration or protection of such rights.

The text, graphics, images, information, content and other materials (“Our Content”) that we make available at the Site or as part of the Services (but excluding the Third Party Maintained Account Information) are protected by copyright under both United States and foreign laws.  Ownership of Our Content, including the design, organization, layout, and the look and feel of the Site, remains with The Club.  Any use of Our Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws or Intellectual Property Rights.  Content and features of the Site and Services are subject to change or terminate without notice in the sole discretion of The Club.  Our Content may contain inaccuracies or typographical errors.   

The Club owns and retains all right, title and interest, including, without limitation, all Intellectual Property Rights, in and to the Site, Services and all of Our Content.  Except as expressly provided in these Terms, you will not, through use of the Site or Services, by virtue of these Terms or otherwise, acquire any rights whatsoever in the Site, Services or Our Content.
 

10. Use with your Mobile Device

The Club provides the Site and Services over the Internet and you may access the Site and Services using compatible mobile devices.  You acknowledge and agree that you are solely responsible for ensuring the compatibility of any device you use to access the Site and Services, and that you remain in compliance with any agreement you have entered into with your mobile device and/or telecommunications service provider. 

THE CLUB MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FOR YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.  
 

11. Social Media Sites

From time to time, The Club may provide experiences on social media platforms that enable online sharing and collaboration among users who have registered to use them.  Any content you post, including any pictures, information, opinions or any personal information that you make available to other participants on theses social media platforms, is subject to the respective terms of use and/or privacy policies of those platforms. 
 

12. Disclaimer of Representations and Warranties

THE SITE, SERVICES, OUR CONTENT, AND ANY OTHER DATA, FEATURES, CONTENT, OR OTHER INFORMATION THAT THE CLUB PROVIDES TO YOU IN CONNECTION WITH THE SITE AND/OR SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS.  THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, SERVICES, OUR CONTENT OR ANY OTHER DATA, FEATURES, CONTENT OR OTHER INFORMATION PROVIDED TO YOU IN CONNECTION WITH THE SITE AND/OR SERVICES.

THE CLUB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL BE PROVIDED TO YOU FREE FROM ANY VIRUSES, MALICIOUS CODE, MALWARE, OR OTHER COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
 

13. Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE CLUB BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR LOSS OF PRIVACY, FOR CORRUPTION, DAMAGE AND LOSS OF DATA OR PROGRAMS, FOR FAILURE TO MEET ANY DUTY INCLUDING ANY STATUTORY DUTY, DUTY OF GOOD FAITH OR DUTY OF REASONABLE CARE, FOR NEGLIGENCE, FOR ECONOMIC LOSS, FOR BODILY INJURY OR HARM AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR SERVICES (INCLUDING THE USE OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER PROFESSIONAL SERVICES RELATING TO THE SITE OR SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICES).

YOU AGREE THAT IN THE EVENT THAT THE CLUB IS FOUND LIABLE, IN NO CASE SHALL THE LIABILITY OF THE CLUB EXCEED ONE HUNDRED DOLLARS ($100.00)

IN THE EVENT ANY DISCLAIMER, EXCLUSION OR LIMITATION IN THIS AGREEMENT CANNOT BE EXCLUDED OR LIMITED ACCORDING TO APPLICABLE LAW THEN ONLY SUCH DISCLAIMER, EXCLUSION OR LIMITATION SHALL NOT APPLY TO YOU AND YOU CONTINUE TO BE BOUND BY ALL REMAINING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
 

14. Governing Law

The laws of the State of North Carolina shall govern the validity, interpretation, construction, and other performance of these Terms, without giving effect to the principles of conflict of laws.  You agree and consent to the exclusive jurisdiction and venue for any litigation, proceeding, or other action which may be brought or arise out of or in connection with these Terms shall be a state or federal court located in Watauga County, North Carolina.
 

15. Additional Terms

These Terms constitute the entire agreement between You and the Club and supersede any other prior agreements, proposals, communications or advertising, or written, with respect to the Site, Services, and any other subject matter contained in these Terms.

You acknowledge and agree that you may not transfer or assign any of the rights granted to you under these Terms or any of your obligations pursuant hereto. 

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, in whole or in part, such provision will be narrowly construed so that it becomes legal and enforceable, and the entire Terms will not fail on account thereof and the balance of the Terms will continue in full force and effect to the maximum extent permitted by law or equity while preserving, to the fullest extent possible, its original intent. 

No waiver of any provision or condition herein shall be valid unless in writing and signed by you and an authorized representative of the Club provided that no waiver of any breach of any provisions of these Terms will constitute a waiver of any prior, concurrent or subsequent breach. The Club’s failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right. 
 

16. Contact Information

Any claims by you or any third party relating to the Site or to your use of the Site or Services shall be directed to The Club.  Questions, complaints, or claims related to the Site or Services shall be submitted by email to: info@houndears.com  
 

17. Copies; Records

17.1.  You should print and retain a copy of these Terms for your records.