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Terms of Use

Welcome to www.racquetretreats.com (the “Site”), a website operated by Racquet Retreats. LLC (“Company,” “us,” “our,” and “we”). We provide the Site and the services provided through the Site (the Site and services will be collectively referred to as the “Services”).

These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services. You may not access or use the Services or accept the Agreement if you are not at least 18 years old.

Privacy Policy

The Company respects the privacy of its Service users. Please refer to our Privacy Policy, linked in the footer of our website, which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

Accounts

Account Creation. In order to use certain features of the Services, you may need to register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. We may suspend or terminate your Account in accordance with the Terms and Termination.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Program Payment Terms

Programs and Billing. The retreat services are provided for a fee. Unless we explicitly specify otherwise in our marketing and on the checkout page, our offers are not subscriptions. We may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in this Agreement.

Payment Information; Taxes. You are responsible for all fees, including taxes, associated with your use of the Services. You are responsible for providing us with a valid means of payment. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You must keep current payment information on file with us. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred.

Payment Authorization. By agreeing to these terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize us to satisfy.

Chargebacks. If you have a dispute concerning any payment transaction, please contact us. If at any time you contact your bank or credit card company to reject the charge of any payable fees (“Chargeback”), this act will be considered a breach of your payment obligations, and we reserve the right to automatically terminate your use of the Services. We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, we may terminate our Service. In order to resume use of the Services, you must re-subscribe for the Services and pay all applicable fees for the Service as well as any fees incurred by us or our payment processor as a result of the Chargeback.

Refund and Return Policy

Due to the nature of our services, we DO NOT offer any refund or returns for any products or services sold on our website for any reason. What happens if it rains? Isle of Palms has amazing weather, but with the coastal breezes and sunshine come pop-up rain and thunderstorms. We do not accept cancellations or refunds due to inclement weather. We reserve the right to seek recovery of any monies remaining unpaid via our collection agency. If you have any questions about our refund and return policy, please send an email to [email protected] and we will be happy to assist you.

Rights and Licenses

Cookies

We use cookies on our website. By accessing Racquet Retreats, you consent to our use of cookies in accordance with the Racquet Retreats Privacy Policy. Cookies help us remember your details during your visits and facilitate certain functionalities on our site. Additionally, some of our affiliate or advertising partners may also use cookies.

License

Unless specified otherwise, Racquet Retreats and/or its licensors retain ownership of all intellectual property rights related to the content on Racquet Retreats. All rights are reserved. You may access and use the materials from Racquet Retreats for personal purposes, subject to the limitations outlined in these terms and conditions.

You must not:

  • Republish content from Racquet Retreats.
  • Sell, rent, or sublicense materials from Racquet Retreats.
  • Reproduce, duplicate, or copy any content from Racquet Retreats.
  • Redistribute content from Racquet Retreats.

Certain areas of this website allow users to post and exchange comments and information. Racquet Retreats does not pre-screen, edit, publish, or review these comments before they appear on the site. Comments reflect the views of the individuals who post them and do not necessarily represent the views or opinions of Racquet Retreats, its agents, or affiliates. To the extent permitted by law, Racquet Retreats is not liable for any comments, or for any damages or expenses incurred as a result of the use or posting of comments on this site.

Racquet Retreats reserves the right to monitor all comments and remove any that are deemed inappropriate, offensive, or in violation of these Terms and Conditions.

You warrant and represent that:

  • You have the right to post comments on our website and possess all necessary licenses and permissions to do so.
  • The comments do not infringe on any intellectual property rights, including but not limited to copyrights, patents, or trademarks of any third party.
  • The comments do not contain defamatory, libelous, offensive, indecent, or unlawful material that invades privacy.
  • The comments will not be used for solicitation, promotion, or any commercial or unlawful activities.

By posting comments, you grant Racquet Retreats a non-exclusive license to use, reproduce, modify, and authorize others to use and modify any of your comments in any form, format, or media.

Hyperlinking to Our Content

The following entities may link to our website without prior written consent:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors, provided they link in the same way as they link to other listed businesses; and
    Accredited businesses, excluding non-profit organizations, charity shopping malls, and charity fundraising groups, which are not permitted to link to our website.

These organizations may link to our homepage, publications, or other website content, as long as the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) is relevant to the context of the linking party’s site.

We may consider and approve link requests from:

  • Well-known consumer and/or business information sources;
  • Dot-com community sites;
  • Associations or groups representing charities;
  • Online directory distributors;
  • Internet portals;
  • Accounting, law, and consulting firms; and
  • Educational institutions and trade associations.

We will approve link requests from these organizations if: (a) the link does not negatively impact our reputation or that of our accredited businesses; (b) the organization has no negative records with us; (c) the benefit from the link justifies the absence of Racquet Retreats; and (d) the link is part of general resource information.

These organizations may link to our homepage if the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) is relevant to the context of the linking party’s site.

If you are an organization from the list above and wish to link to our website, please notify us by sending an email to Racquet Retreats. Include your name, organization name, contact information, your site’s URL, any URLs from which you intend to link to our site, and the URLs on our site you wish to link to. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our website using:

  • Our corporate name; or
  • The uniform resource locator (URL) being linked to; or
  • A description of our website that is relevant within the context of the linking party’s content.

Use of Racquet Retreats’ logo or other artwork for linking is not allowed without a trademark license agreement.

iFrames

You may not create frames around our webpages that alter the visual presentation or appearance of our website without prior written approval.

Content Liability

We are not responsible for any content appearing on your website. You agree to indemnify and defend us against any claims arising from your website. No links should be placed on any site that could be deemed libelous, obscene, criminal, or that infringes upon or violates the rights of third parties.

Reservation of Rights

We reserve the right to request the removal of any links to our website. You agree to promptly remove all links upon request. We also reserve the right to modify these terms and conditions and our linking policy at any time. By continuing to link to our website, you agree to comply with these linking terms and conditions.

Removal of Links

If you find any link on our website offensive for any reason, please contact us. We will consider requests to remove links but are not obligated to respond or take action.

Disclaimer

To the fullest extent permitted by law, we disclaim all representations, warranties, and conditions related to our website and its use. This disclaimer does not:

  • Limit or exclude liability for death or personal injury;
  • Limit or exclude liability for fraud or fraudulent misrepresentation;
  • Limit any liabilities that cannot be excluded under applicable law; or
  • Exclude any liabilities that cannot be excluded under applicable law.

The limitations and exclusions of liability in this section and elsewhere in this disclaimer: (a) are subject to the above paragraph; and (b) govern all liabilities arising under the disclaimer, including those arising in contract, tort, and for breach of statutory duty.

As long as the website and its services are provided free of charge, we will not be liable for any loss or damage of any kind.

Release. You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers

THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term and Termination

This Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

Copyright Policy

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services and in accordance with the Digital Millennium Copyright Act (“DMCA”), we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our Services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and email address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our designated Copyright Agent is:

Racquet Retreats, LLC
Attn: Privacy Officer
Email: [email protected]

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY CLAIMS YOU HAVE AGAINST US WILL BE RESOLVED.

You agree that any claim or dispute at law or equity that has arisen or may arise between you and us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Choice of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Claim Limitations. You agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Charleston County, South Carolina, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

The arbitration will be conducted by JAMS Arbitration ("JAMS") under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.

Your rights will be determined by a neutral arbitrator and not a judge or jury. You understand that arbitration procedures can be more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review in court.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in the county and state referenced above.

General

Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any significant changes to this Agreement will be effective 30 days after posting such notice. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Copyright/Trademark Information. Copyright © 2024 Racquet Retreats, LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information:
Racquet Retreats
Email: [email protected]

Last Updated

This Agreement was last updated on 7.17.24.