Last Updated October 26, 2021

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Welcome! Greenwood Communities and Resorts (“we,” “us,” or “our”) is proud to offer this website to provide users (“you,” “your”) access to information about Palmetto Dunes. These Terms of Use (“Terms”) establish policies for the acceptable use of www.palmettodunes50.com and related websites, including www.palmettodunesstore.com, www.hiltonheadoutfitters.com, www.sheltercovehiltonhead.com, www.alexandersrestaurant.com, www.palmettodunes.com, and www.bigjimsbbqcatering.com (our “Websites”), that relate to operations of Palmetto Dunes Oceanfront Resort (our “Services”). These Terms do not apply to other websites we may operate that are related to other developments or projects.

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Please read these Terms carefully, as they constitute a legally binding agreement between you and us. By using or accessing one of our Websites, you are agreeing to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use or access any of our Websites.

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Privacy Policy and Cookie Policy

We value your privacy. To understand how we collect, use, and disclose your personal information, please review our Privacy Policy and our Cookie Policy. Our Privacy Policy and Cookie Policy are incorporated by reference into these Terms.

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Permission To Access Our Websites

Provided you agree to and abide by these Terms, we grant you permission to access our Websites and to print or download material displayed on our Websites for your own personal, non-commercial use. By granting permission, we are giving you a limited, revocable, non-transferable, and non-exclusive license to access the Websites for any authorized purpose, including: researching vacation destinations and activities; looking for, booking, or seeking information about a vacation rental; and reserving tee times, renting bikes, or scheduling other leisure activities.  

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Prohibited Activities

We hope you will spend time on our Websites and take full advantage of their features and capabilities. However, certain activities are prohibited. By accessing our Websites and accepting these Terms, you agree that you will not:

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• Use our Websites or any of their contents for any commercial purpose, except as specifically authorized by us.

• Use or attempt to use our Websites or their contents to violate, circumvent, or infringe our rights or the rights of any other person or entity, including without limitation any intellectual property, contract, privacy, or publicity right.

• Engage in any activity that may or does damage, disable, or overburden our servers or network, impair or impede the operation of our Websites, or interfere with someone else’s access to our Websites.

• Post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or violate any applicable law, regulation, or court order.

• “Frame,” “mirror,” or otherwise replicate or incorporate any portion or aspect of our Websites, including without limitation our name, logo, trademarks, or proprietary infor­mation, into any other website without our express written consent.

• Sell, offer to sell, transfer, or purport license any portion of our Websites or their contents, in any form, to any third party without our express written consent.

• Use our Websites or Services fraudulently or under false pretenses, such as by making a reservation or reservation inquiry under a false name or address or incorrect age, or making a payment using a method of payment that you are not authorized to use.

• Attempt to modify, adapt, decipher, translate, decompile, disassemble, edit or reverse engineer any of the software used by us in connection with our Websites.

• Solicit, encourage, or assist any person in doing, or attempting to do, any of the foregoing actions.
   

Third-Party Sites

Our Websites may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites, and we are not responsible for their content. Our inclusion of hyperlinks to third-party websites does not imply any endorse­ment of, or association with, the operators of those sites.

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Proprietary Rights and Ownership

The contents of our Websites are protected by the copyright, trademark, and other intellectual property laws of the United States and foreign countries and by international conventions. We reserve all intellectual property rights to our Websites and to any registered or unregistered trademark, service mark, logo, or other proprietary material used or embodied in or on one of our Websites. Nothing in these Terms grants you a right or license to use any registered or unregistered  trademark, design right, or copyright owned or controlled by us or by any third party, except as specifically provided in these Terms.

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Availability

We will make reasonable efforts to ensure that our Websites are available 24/7. However, from time to time one or more of the Websites may be unavailable due to scheduled maintenance, service up­grades, or unscheduled disruptions of service.

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We will make reasonable efforts to ensure the accuracy of information accessible on our Websites. However, all such information is provided “as is,” and we do not provide any warranty, whether express or implied, regarding its completeness, accuracy, or currency.

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Online Booking

Our Websites offer online booking features that allow you to research, reserve, and pay for certain Services, including such as vacation rentals, tee times, bike rentals, or restaurant reservations. If you use these features, you warrant that you are at least 18 years old and that you have legal authority and capacity to accept and be bound by these Terms. You agree that you are financially responsible for all bookings made through our Websites, regardless of whether such bookings are made by you or by someone else using your account or information, including without limitation to minors living with you.

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You also warrant that all information supplied by you or members of your household in using this website is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the online booking features of our Websites shall be used only to make legitimate reservations or purchases for you or for others for whom you are legally authorized to act. You understand that overuse or abuse of the online booking features of our Websites may result in your being denied access to such features and/or to our facilities.

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Additional Terms May Apply

You can use Websites to book vacation rentals, reserve tee times, rent bikes, or schedule other leisure activities; purchase gift cards or other items; or access property management services through our Owner Portal. If you do so, you acknowledge and agree that such transactions or activities may require you to agree to additional or different terms and conditions. If a conflict exists between these Terms and the terms of any terms and conditions applicable to a specific transaction or activity, the specific terms and conditions will control.

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Information for Prospective Property Owners

The information contained on our Websites is not intended to be an offering to residents in any juris­diction where prior registration is required, and further information will not be provided to residents of such jurisdictions.

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Greenwood Communities and Resorts does not warrant or guarantee the obligations of unaffiliated builders who may build and sell homes at Palmetto Dunes. Future development of Palmetto Dunes may or may not occur as shown on illustrations, depictions or maps. This site and other related sites may contain links to other Internet sites that are not affiliated with Greenwood Communities and Resorts. Greenwood Communities and Resorts makes no representations or warranties about the information, products and services that may appear on such other sites and has not endorsed or approved such products and services. Linking to this site or sites that are affiliated with Greenwood Communities and Resorts or framing any portions of such sites without prior written permission is strictly prohibited.

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Greenwood Communities and Resorts is 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.

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Limitation of Liability

We have adopted reasonable and appropriate physical and electronic safeguards to protect your personal information by preventing unauthorized access, maintaining data accuracy, and ensuring the correct use of information. Among other things, we use the Secure Sockets Layer (SSL) protocol, which encrypts any personal information you provide to us by scrambling it before it is sent to us from your computer. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, we provide no warranties, express or implied, regarding the security of any information you transmit to us.

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WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY MALWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, SOFTWARE, OR APPS DUE TO YOUR USE OF OUR WEBSITES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE US FOR ANY LIABILITY FOR DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO CON­SEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE) OR ANY OTHER FORM OF MONETARY RELIEF, WHETHER IN LAW OR AT EQUITY, ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, OUR WEBSITES, ANY CONTENT ON OUR WEBSITES, OR ANY OTHER WEBSITES OR SERVICES (INCLUDING SERVICES PROVIDED BY US) YOU ACCESS THROUGH OUR WEBSITES.

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Governing Law, Venue, and Jurisdiction

These Terms are governed by South Carolina law, regardless of choice-of-law or conflicts-of-laws rules. In any legal suit, action, or proceeding arising out of or related to our Websites, our Services, or these Terms, venue and jurisdiction shall rest exclusively in the state or federal courts of South Carolina. By agreeing to be bound by these Terms, you waive any and all objections to venue and/or personal jurisdiction in the state or federal courts of South Carolina.

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Class Action Waiver

You agree that any suit, action, or proceeding arising out of or related to our Websites, our Services, or these Terms shall be conducted solely and exclusively on an individual basis and not in the form of any class, consolidated, or representative action (including without limitation any parens patriae action).

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Waiver and Severability

Any failure on our part to enforce any part of these Terms shall not be deemed a further or continuing waiver of such part, a waiver of any other part of these Terms, or a waiver of any other right or privilege to which we may be entitled.

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If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall continue in full force and effect.

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Entire Agreement

These Terms (including our Privacy Policy and Cookie Policy, together with any other terms and conditions referenced herein, and any different or additional terms that apply to specific transactions) constitute the entire agreement between you and us with respect to your use of and access to our Websites, superseding all prior or contemporaneous electronic, oral, or written statements, communications, or understandings.

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Effective Date and Modifications

We may occasionally update these Terms. When we do, we will also revise the “last updated” date at the top of the page. We encourage you to check this page regularly in order to remain informed of any changes.By continuing to use our Websites after such updates, you are agreeing to the updated version of these Terms.

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Contact Us

If you have any questions or concerns regarding these Terms, please contact us as follows:

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Erica Sheets
Palmetto Dunes Oceanfront Resort
10 Queens Folly Road, PO Box 5628
Hilton Head Island, SC 29938
esheets@palmettodunes.com