Legal

Terms of Use

Governor’s Harbour Resort and Marina, Ltd. (“GHRM”) is providing this website (“Website”), and the materials on this Website, for informational purposes only. Please read these Terms of Use (“Terms of Use”) carefully. By accessing the Website, you agree to be bound by the terms and conditions contained in the Terms of Use and the Website’s Privacy Policy (“Privacy Policy”). If you do not agree with the terms and conditions of the Terms of Use or the Privacy Policy you are not authorized to access or use the Website.

Your Compliance with the Terms of Use

You represent that you have the capacity to be bound by the Terms of Use, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with the Terms of Use, GHRM may monitor your access and use of the Website in accordance with the Privacy Policy.

Your Access and Use of the Website

Your right to access and use the Website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Website for lawful purposes and pursuant to the terms and conditions of the Terms of Use and the Privacy Policy. Your access and use of the Website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that GHRM, in its sole discretion, may elect to take. GHRM reserves the right to suspend or discontinue the availability of the Website and/or any portion or feature of the Website at any time in its sole discretion and without prior notice. Any action which GHRM, at its sole discretion, finds to: (i) violate the terms and conditions of the Terms of Use and/or the Privacy Policy; (ii) restrict, inhibit or prevent any access, use or enjoyment of the Website by a third party; or (iii) defame, abuse, harass, offend or threaten through use of the Website, shall not be permitted, and may result in your loss of the right to access and use the Website. You shall not metatag, provide links to or frame the Website without the prior, express written permission of GHRM, which permission may be withheld at the sole discretion of GHRM.

General Disclaimers

The Website and all information and materials within the Website are provided solely for informational purposes. All information contained in the Website is subject to change without notice and GHRM is not responsible for providing updated information with respect to any matter addressed within the Website. The Content (as defined below) is intended only to assist you and is broad in scope and does not consider your personal situation.

Transmissions, Submissions, and Postings to the Website

If you transmit, submit or post information to the Website that is not trademarked and/or copyrighted, you automatically grant GHRM and its affiliates the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. Provided that you have obtained prior written permission from GHRM to transmit, submit or post information to the Website that is trademarked and/or copyrighted, you automatically grant GHRM and its affiliates the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content. You shall not transmit, submit or post the following to the Website:

• Information that infringes GHRM’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
• Information that violates any law, statute, ordinance or regulation;
• Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to GHRM or third parties or that infringes on GHRM’s or any third party’s rights of publicity or privacy; Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”; Information that is false, inaccurate or misleading;
• Commercial advertisements or solicitations without written permission from GHRM; or
• Trademarked and/or copyrighted information without written permission from GHRM.

Although GHRM does not regularly review your transmissions, submissions or postings, GHRM reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to GHRM’s Privacy Policy, GHRM may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with the Terms of Use.

GHRM’S Intellectual Property Rights

The graphics, logos, page headers, button icons, scripts, trade names and service names appearing on the Website are trademarks or trade dress of GHRM or its affiliates, in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of GHRM, which permission may be withheld in GHRM’s sole discretion. GHRM makes no proprietary claim to any third-party names, trademarks or service marks appearing on the Website. Any third-party names, trademarks, and service marks are property of their respective owners.

The information, advice, data, software, text, links, material, systems, services, products and content viewable on, contained in, or downloadable from, the Website (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions or floor plans, are copyrighted by, or otherwise licensed to, GHRM or its Content suppliers. GHRM also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the “Collective Work”). All software used on the Website (the “Software”) is the property of GHRM or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.

You shall be solely responsible for any damage resulting from your infringement of GHRM’s or any third party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by GHRM or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of the Terms of Use.

Your Use of the Content

GHRM grants you a limited license to access, print, download or otherwise make personal use the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by the Terms of Use, is permitted by you without the express prior written permission of GHRM, which permission may be withheld in GHRM’s sole discretion.

You may not use any meta tags or any other “hidden text” utilizing GHRM’s name or trademarks without the express written permission of GHRM, which permission may be withheld in GHRM’s sole discretion.

Real Estate Disclaimers/Disclosures

The Website and the information and materials within the Website are not intended to be an offering, and no offer is being made to, residents in any jurisdiction where prior registration is required and has not been made. An offer to purchase real property can only be initiated by a consumer at the sales center where lots, units or homes are offered. Nothing in the Website constitutes an offer to sell real estate.

The information, materials, facilities, services, features, amenities, improvements, views, scenes, dimensions, plans, specifications and/or availability described, shown and/or depicted within the Website, are proposed, are conceptual only and are subject to change, modification or cancellation without notice.

Scenes, pictures, drawings, illustrations and/or views shown may be artist renderings and/or may be of locations or activities not on, or related to, the property or project. Actual views may vary, and views described or depicted cannot be relied upon as the actual view from any proposed unit, home, lot, amenity or other improvement or area.

There is no guarantee that the facilities, services, features, amenities, improvements, views, scenes or specifications described, shown or depicted within the Website will be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or depicted. All references to clubs, marinas, amenities, services and/or membership opportunities are subject to fees, dues and availability. All prices are subject to change without notice. All maps should be assumed not to be to scale and are for relative location purposes only.

Equal Housing Opportunity 

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Access and Interference

You agree that you will not 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 Website or any portion of the Website or for any other purpose, without GHRM’s express written permission which may be withheld in GHRM’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in GHRM’s sole discretion an unreasonable or disproportionately large load on GHRM’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Website without the prior written permission of GHRM and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iv) bypass GHRM’s robot exclusion headers or other measures GHRM may use to prevent or restrict access to the Website.

Electronic Communications

When you visit the Website or send email to GHRM, you are communicating with GHRM electronically and you thereby are consenting to receive electronic communications from GHRM, its affiliated brokers or other business partners. GHRM, its affiliated brokers or other business partners may choose to communicate with you by regular mail, e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that GHRM provides to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Website, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Website.

Third Party Links

There may be provided on the Website links to other websites belonging to GHRM’s advertisers, business partners, affiliates or other third parties. Such links do not constitute an endorsement by GHRM of those websites, nor the content, products or services of or offered on those websites. GHRM is not responsible for the activities or policies of those websites. GHRM does not endorse or recommend the contents, services or products of any particular advertiser, business partner, affiliate or other third party. The Website does not guarantee that terms or rates offered by any particular advertiser, business partner, affiliate or other third party on the Website are the best terms or lowest rates available in the market.

GHRM Makes No Representations or Warranties Regarding the Content

The website and all the content, information, graphics, text, links, services, products or other material contained or discussed within, or associated with, the website is provided ‘as is’ and ‘as available’ without warranty of any kind. Ghrm makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products, graphics, text, links, or services included on or associated with the website. You expressly agree that your use of the website and all products, services information, material or systems included on or associated with the website is at your sole risk.

Ghrm does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, reliability, availability, suitability, correctness, or completeness of the content or the services and products associated with the website, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity, fitness for a particular purpose or non-infringement of the content or the services and products associated with the website. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the content and the services and products associated with the website. Ghrm makes no representation, warranty or guarantee that the content that may be available for downloading from the website is free of infection from any viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. All warranties, including all implied warranties, warranties of merchantability, fitness for a particular purpose, title and non-infringement, are hereby disclaimed to the fullest extent permitted by applicable laws.

Limitations on GHRM’s Liability

Ghrm shall in no event be responsible, or liable, to you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of the terms of use; (ii) your access and use of the website; (iii) your delay in accessing or inability to access or use the website for any reason; (iv) your downloading of any of the content or the collective work for your use; (v) your reliance upon or use of the content or the collective work, or (vi) any information, software, products or services obtained through the website, or otherwise arising out of the use of the website, whether resulting in whole or in part, from breach of contract, tortuous behavior, negligence, strict liability or otherwise, even if ghrm and/or its suppliers had been advised of the possibility of damages.

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.

Your Indemnification of GHRM

You shall defend, indemnify and hold harmless GHRM and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of the Terms of Use by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by GHRM; (iii) your access or use of the Website; and/or (iv) access or use of the Website under any password that may be issued to you.

Amendments of the Terms of Use

GHRM reserves the right to update, amend and/or change the Terms of Use at any time in its sole discretion and without notice. Updates to the Terms of Use will be posted here. You are encouraged to revisit the Terms of Use from time to time in order to review any changes that have been made. GHRM’s last update was September 27, 2005. Your continued access and use of the Website following the posting of any such changes shall automatically be deemed your acceptance of all changes.

GHRM’S Remedies

You acknowledge that GHRM may be irreparably damaged if the Terms of Use is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of the Terms of Use by you, GHRM shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of the Terms of Use. You agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of Miami-Dade County, Florida, or the United States District Court, Southern District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Governing Law; Arbitration

The Website is controlled by GHRM from its offices within the United States of America. GHRM makes no representation that the Content on the Website is appropriate or available for use in other locations. Access to the Content from territories where it is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. The Terms of Use is to be governed by and construed in accordance with the internal laws of the State of Florida, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to the Terms of Use, except for an injunctive action regarding a breach or threatened breach of any provision of the Terms of Use by you as provided above, shall be referred to final and binding arbitration, before a single arbitrator, under the commercial arbitration rules of the American Arbitration Association in Miami-Dade County, Florida.

THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE WEBSITE YOU CONSENT TO THESE RESTRICTIONS.

You and GHRM shall select the arbitrator, and if you and GHRM are unable to reach agreement on selection of the arbitrator within thirty (30) days after the notice of arbitration is served, then the American Arbitration Association shall select the arbitrator. Arbitration shall not commence until the party requesting it has deposited One Thousand Dollars ($1,000.00) with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration shall advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and GHRM, jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Miami-Dade County, Florida.

Judgment upon any award rendered by the arbitrator shall be final, binding and conclusive upon you and GHRM and your and GHRM’s respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. Notwithstanding the previous sentence, in no event shall either you or GHRM be entitled to punitive damages and both you and GHRM hereby waive your and GHRM’s respective rights to any punitive, special, indirect or consequential damages, including, but not limited to, damages for any loss of profit, revenue or business.

Miscellaneous

If any portion of the Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the Terms of Use that is unlawful, void or unenforceable shall be stricken from the Terms of Use.

The headings contained in the Terms of Use are for convenience of reference only, are not to be considered a part of the Terms of Use, and shall not limit or otherwise affect in any way the meaning or interpretation of the Terms of Use.

All covenants, agreements, representations and warranties made in the Terms of Use, as may be amended by GHRM from time to time, shall survive your acceptance of the Terms of Use and the termination of the Terms of Use.

The Terms of Use and the Privacy Policy represent the entire understanding and agreement between you and GHRM regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

Questions or Concerns

If you have questions, comments, concerns or feedback regarding the Terms of Use or the Website, please contact us via any of the methods set forth below:

• Via mail: French Leave Resort P.O. Box EL-80
  Governor’s Harbour Eleuthera, Bahamas
• Via email: Info@FrenchLeaveEleuthera.com