This Site is owned and/or operated by Travel Resorts of America, Inc. (“TRA”), a Delaware corporation with an address of 1930 N. Poplar St., Suite 21, Southern Pines, NC 28387.
TRA may modify these Terms at any time. Those modified Terms will become effective immediately after TRA posts them on the Site. You agree to review the Terms posted on the Site each time you access or use the Site so that you are aware of any modifications made to these Terms. If you do not agree to the modified Terms, you are not authorized to access or use the Site. Your failure to comply with these Terms as they may be modified from time to time will constitute breach of contract and may violate TRA’s copyright, trademark, and other proprietary and intellectual property rights. TRA reserves the right to deny access to any person or viewer for any reason.
Modification of the Site
TRA reserves the right to modify, suspend, and/or discontinue (temporarily or permanently) the Site or any part of the Site from time to time, for any or no reason and without notice. You agree that TRA will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. TRA may change the information and materials on the Site from time to time at its discretion.
The Site is not intended for use by anyone under the age of 13 without the prior consent and ongoing supervision of a parent or guardian. By using the Site, you represent and warrant to TRA that you meet the foregoing age requirement. TRA will not knowingly collect personally identifiable information via the Site from visitors under the age of 13 and will take prompt steps to delete any such personally identifiable information if notified that any has been inadvertently collected.
Transmission of Information and Other Materials Via the Site
TRA welcomes your comments and suggestions about the Site and TRA’s services and resorts, but TRA does not wish for you to send any confidential or proprietary ideas, suggestions, materials, or other information relating to developing, designing, redesigning, modifying, providing, or marketing any of its resorts or any of its services or any new services. You agree that any information, ideas, suggestions, or materials that you or individuals acting on your behalf send to TRA via the Site, including but not necessarily limited to emails, feedback, data, questions, comments, product or service ideas, know-how, or suggestions (collectively, “Information”) will not be considered confidential or proprietary, even if the Information is labeled “Confidential” or “Proprietary.” Further, TRA will own all Information you submit to it via the Site, and by submitting the Information to TRA, you irrevocably assign to TRA all worldwide rights, title, and interest in and to that Information. TRA will be free to reproduce, use, disclose and distribute Information to others without limitation or liability. TRA may use any ideas, concepts, know-how or techniques in the Information for any purpose whatsoever, including developing and marketing products or services that incorporate or otherwise embody Information, without providing any notice, compensation, or attribution to you.
We may collect personal data or personally identifiable information (collectively, “Personal Data”) from you in a variety of ways, including, but not limited to, when you visit our Site, register on the Site, become a Member, place an order or reservation, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features, or resources we make available on our Site. You may be asked for, as appropriate, name, email address, mailing address, phone number, and/or credit card information. All of this information is considered “Personal Data.” We will collect Personal Data from you only if you voluntarily submit such information to us. You can always refuse to supply Personal Data, except that it may prevent you from engaging in certain Site-related activities. You may also request that we delete your Personal Data, which may result in your inability to continue to engage in certain Site-related activities.
We also capture some information about your device, such as your IP address, and information related to your visit to our Site, such as the time-stamp, the page(s) or service(s) you viewed, and your log-in (as applicable). This information is not “Personal Data.”
TRA collects and uses Personal Data for the following purposes:
- To personalize user experience
We may use information in the aggregate to understand how our users as a group use the services and resources provided on our Site. We may also use your specific Personal Data to remember you when you log in again, so that you do not need to re-authenticate yourself, to let you browse between products and pages more easily, to remember if you put something in your shopping cart before you decide to checkout or leave the Site, and to ensure that your Personal Data is processed securely.
- To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To improve customer service
Your information helps us to respond more effectively to your customer service requests and support needs.
- To process transactions
We may use the information users provide about themselves when placing an order or making a reservation only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To administer a content, promotion, survey or other Site feature
To send users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
The email address you provide for order processing or for reservations will only be used to send you information and updates pertaining to your order. It may also be used to respond to your inquiries and/or other requests or questions. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email, or you may contact us via our Site.
TRA may sell, trade, rent, or share certain types of personal data to third parties or to our business partners, trusted affiliates, and advertisers, but we will never sell your personally identifiable financial information, such as credit card information, debit card information, PINs, driver’s license numbers, and the like. In addition, we may sell, trade, rent, or share generic aggregated demographic information not linked to any Personal Data to third parties or to our business partners, trusted affiliates, and advertisers.
When you visit the Site or send e-mails to TRA, you are communicating with TRA electronically. You consent to receive communications from TRA electronically. TRA will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that TRA provides to you electronically satisfy any legal requirement that such communications be in writing. In addition, if you provide your cellphone or smartphone number to TRA, you agree that TRA may communicate with you via text messages and that standard rates may apply, depending on your plan with your carrier and your usage. If, at any time, you wish to opt out of receiving text message from TRA or its affiliates, reply STOP.
If you set up an account on the Site or access the Site through the “Member Portal,” 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. TRA reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
TRA uses data security systems and procedures to protect the privacy of Information that you provide to TRA, and TRA will use commercially reasonable efforts to keep confidential the Information associated with your account. However, no security system is perfect, and TRA cannot and does not guarantee that Information you provide to TRA will remain private. We also cannot guarantee that information you transmit to TRA over the Internet will not be intercepted. Additionally, TRA may be required to provide personal and other information that you submit to TRA in response to a subpoena or other legal process.
Use of Information from this Site
Unless you have entered into an express written contract with TRA to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use the information on this Site in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this Site. By viewing the contents of this Site you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, these Terms grant you no rights whatsoever to use the content of this Site, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the Site may contain, for any reason or for any use whatsoever. You hereby agree to liquidated damages in the amount of US$100,000 in addition to costs and actual damages for breach of this provision. You warrant that you understand that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
TRA owns the Site and owns or has the right to use all of the content on the Site, including all text, images, graphics, photographs, video clips, audio clips, designs, icons, wallpaper, characters, artwork, sounds, information, software, data, and other materials, and all HTML design, layouts, configurations, CGI, and other code and scripts in any format used to implement the Site (the “Content”), all of which are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Absent TRA’s express written permission as to particular Content on the Site, you may use the Content only for informational purposes, and you may, subject to any stated restrictions or limitations, print a single copy of a limited amount of Content solely for informational purposes, if the copy bears all copyright and other intellectual property and proprietary notices displayed on the web page. Except as expressly authorized by these Terms, you may not distribute, publish, download, transmit, modify, create derivative works from, or in any way exploit, any of the Content, in whole or in part, without TRA’s prior written consent, provided that (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, (b) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (c) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by any end user license agreement that we provide for such applications. Additionally, framing pages or parts of pages on the Site and deep linking to pages in the Site are prohibited.
TRA or its affiliates own or license all trademarks, service marks, and trade names on the Site, including (but not necessarily limited to) “Travel Resorts of America,” “The Pursuit of Happiness,” the Compass Logo, Roscoe the “Happy Camper,” “Happy Camper,” and all resort names, unless stated otherwise on the Site. You may not use any of these marks in any manner without TRA’s prior express written permission.
Except as expressly provided above, TRA is not granting you a license under any copyright, trademark, service mark, patent, or other intellectual property or proprietary right in any Content, and nothing in these Terms will be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other proprietary, intellectual, or other right of TRA or any third party. You obtain no rights in the products, services, equipment, processes, or technology described on this Site by accessing or using the Site. TRA and any third party owners retain all of those rights.
If you are a copyright owner and believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on TRA actual knowledge of facts or circumstances from which infringing material or acts are evident.
You must send the written notice to:
1930 N. Poplar St., Suite 21
Southern Pines, NC 28387
If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: firstname.lastname@example.org.
You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S.A. or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with the section of these Terms titled “Intellectual Property”; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; (e) to impersonate or attempt to impersonate TRA, a TRA employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm TRA or users of the Site or expose them to liability, or (g) to interfere with the proper working of the Site.
References to Other Companies/Links to Other Websites
Hyperlinking to Site, Co-Branding, “Framing,” Referencing the Site, and Social Media
You may link to the homepage of this Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Unless expressly authorized by TRA, other than as set out in the preceding sentence, no one may hyperlink to this Site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to their website for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to “frame” the Site. You specifically agree to cooperate with TRA to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US$100,000 plus costs and actual damages for violating this provision.
The Site may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Site; (b) send e-mails or other communications with certain content, or links to certain content, on the Site; or (c) cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Disclaimer for Contents of Site
TRA disclaims all responsibility and liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability, and availability of information and material contained on the Site. The Site may contain inaccuracies or typographical errors. TRA disclaims any responsibility for the deletion, failure to store, failure to update, misdelivery, or untimely delivery of any information or material on the Site. TRA does not warrant or guarantee that the Site will be error-free or virus-free or that access to the Site will be uninterrupted. TRA and its content providers cannot and do not warrant or guarantee against errors, omissions, delays, interruptions, or losses, including loss of data. Visitors assume all risk of viewing, reading, using, or relying upon the information contained on the Site.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. TRA DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE, OR ABSENCE OF VIRUSES.
IF YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING ANY DAMAGES TO YOUR COMPUTING SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING THAT MATERIAL. YOU ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
Limitation of Liability
IN NO EVENT WILL TRA, ITS AFFILIATES, ITS DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY, THE “SITE PROVIDERS”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, AND LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACCESS OR USE OF THE SITE, (B) ANY COMMUNICATIONS SENT TO YOU VIA THE SITE OR OTHERWISE FROM TRA, OR ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, (C) THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE SITE PROVIDERS, OR (D) INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SITE OR ANY SERVICE, EVEN IF SOME OR ALL OF THE SITE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY ACCESS OR USE OF ANY INFORMATION, IDEA, OR INSTRUCTION IN THE CONTENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, downloads, and as a condition of allowing your lawful viewing of the Site, you forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.
You agree to defend, indemnify and hold harmless TRA, its affiliates, licensors, Site Providers, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Site, (b) user content you submit, post to, or transmit through the Site, (c) your violation of any rights of any other company or person in connection with this Site, or (d) your violation of these Terms.
No additional notice of any kind for any reason is due you, and you expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the Site.
These Terms will be governed by the laws of the State of North Carolina, excluding its conflicts of law provisions. All actions and proceedings relating to the Site or the Content will be commenced and heard exclusively in Moore County, North Carolina, and jurisdiction shall be vested in the North Carolina state courts in and for Moore County, North Carolina, or the United States District Court for the Middle District of North Carolina, as the case may be. You agree not to contest the venue set forth herein and not to contest the exercise of personal jurisdiction over you by any of the foregoing courts. You hereby waive all rights concerning the exercise of personal jurisdiction over you by the foregoing courts. In no case shall the viewer, visitor, member, subscriber, or customer have the right to a jury trial, and you expressly waive any right to jury trial with respect to the Site or the Terms.
Limitation on Time to File Claims
Severability and Waiver
The invalidity of any term, condition, or provision of these Terms will not affect the enforceability of the remaining portions of these Terms. TRA’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.