Terms and Conditions
The term and conditions set forth below (the “Terms”) govern your use of this Site. These terms are a legal contract between you and Inverness Club (“Inverness”, “we”, “us” or “our”) and govern your access to, and use of, the Inverness website located at www.invernessclub.com together with all related web pages, mobile applications, and social media pages and accounts (collectively the “Site”). The Site includes on-line services accessible via the Site (“Services”); and information such as product, programs, pricing, marketing, and other valuable information and content such as data, text, photograph, graphics, images, messages or other materials (“Content”). By using the Site in any manner, you agree to follow and be bound by the Terms and that you are at least 18 years of age.
If you do not agree to these Terms, please do not use the Site.
Modification of Terms and Additional Terms
Inverness may, at its sole discretion, make changes to the Content Terms. You should regularly review these Terms. Any changes or modifications will be effective upon posting, and your use of the Site following the posting will constitute your acceptance of these Terms and any additional or modified Terms.
Registration, Usernames, Passwords and Security
In order to access the Site or Services, you may be required to register specific information with Inverness in order to receive a username and password. You agree to use the Site only for the purposes that are permitted by (i) your agreement with Inverness, (ii) these Terms, and (iii) any applicable law or regulation related to the Site.
Any username or password for this Site provided to you, or chosen by you, are for your personal use, and may not be used by anyone else (including other employees or agents of your company). You are entirely responsible for maintaining the confidentiality of your username and password and you agree to take security measures sufficient to prevent unauthorized disclosure or use of your username and password assigned to you as a user of this Site. Furthermore, you are entirely responsible for all activities that occur on this Site using your name and password, whether or not the activities or the use of your password was authorized by you. You agree to notify Inverness immediately of any known or suspected unauthorized use of your username or password or any other breach of security.
Inverness Intellectual Property Rights and Ownership
Inverness provides Content and Services through the Site which are provided to you for you on the Site by Inverness and are the proprietary, copyrighted, trademarked and/or proprietary work of Inverness. You acknowledge and agree that Inverness owns all title and interest to the Site and the Content, including any intellectual property rights that subsist in the Site (whether those rights happen to be registered or not) and protected by United States and international copyright, trademark and other laws. Except as stated in these Terms, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means, without the prior written consent of Inverness.
During your permitted use of the Site, Inverness grants you a limited, personal, non-exclusive and non-transferable license to use and to display the materials (information or software) of this Site solely for your personal, non-commercial transitory viewing. Except for the permission set forth in the preceding sentence, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms or if we terminate your use of this Site for any reason. In the event your permission granted herein is terminated, you agree to destroy any downloaded material in your possession. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Content or Inverness proprietary information. In addition, you agree that any content you post or provide to this Site shall immediately confer on Inverness a perpetual, irrevocable, fully paid license to use such content, and you waive all claims against Inverness and its agents for infringement or any form of royalties or compensation based on its use of such content.
Inverness may offer proprietary software in conjunction with the Site, and it is possible that such software may automatically update from time to time. These updates are designed to improve, enhance and further develop the Site and may take the form of bug fixes, enhanced functions, new software modules and completely new Services. You acknowledge and agree that the Site may not be available from time to time due to maintenance or service or network disruptions, and by your use of the Site you agree to hold harmless Inverness for any such service interruptions.
Policies and Enforcement
Inverness has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Site. Inverness may access at any time and use internally for any lawful purpose information stored in its systems and may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Site, Services and/or Content at any time.
You agree not to access the Site except through the visual user interfaces authorized by Inverness or through our authorized accessibility alternatives. You further agree not to use the Site for any commercial uses other than as permitted by Inverness’s prior written approval. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “crawlers,” or “offline readers (other than screen readers and similar devices designed to assist visually impaired persons) that accesses the Site.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, INVERNESS IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY CONTENT OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ALL CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT INVERNESS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE OF THE SITE, SERVICES OR ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF INVERNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, INVERNESS’S TOTAL LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.
You agree to defend, indemnify and hold Inverness and its respective employees, officers, governors, directors, members, agents and assigns harmless from any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site, Services or Content.
Consent to email Communication
When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us (including our vendors) electronically and agree that we (including our vendors) may communicate with you by email or by posting notices on the Site.
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without resort to any conflict of law principles. Regardless of where you access the Site, you agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed and adjudicated only in the federal or state courts located in Lucas County, Ohio, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceedings arising out of these Terms or use of the Site.
Third Party Content; Hyperlinks
These Terms and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed an “original” or “in writing” and to comply with all statutory, contractual, and other legal requirements for writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. If any portion of these Terms is found to be unlawful, invalid or unenforceable by a court of competent jurisdiction, that portion shall be deemed to be severed from the rest of these Terms and the remaining portions will be in effect, valid, and enforceable. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.