Legal

Welcome to Grace Bay Club’s newsletter service, an online service of Grace Bay Club ("GBC"). Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

Participation and Conduct

During the term of this Agreement, Grace Bay Club grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

You agree to indemnify GBC and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

GRACE BAY CLUB reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. GRACE BAY CLUB also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, GRACE BAY CLUB is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

Copyright and Trademarks

The Service is the personal property of GRACE BAY CLUB. GBC retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by GRACE BAY CLUB or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

GRACE BAY RESORTS, GRACE BAY CLUB, WEST BAY CLUB and their respective logos are trademarks of GRACE BAY RESORTS, Inc.. All other trademarks on the Service are the property of their respective holders.

Intellectual Property Infringement Claims

It is the policy of GRACE BAY CLUB to respond expeditiously to claims of intellectual property infringement. GRACE BAY CLUB will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. GRACE BAY CLUB will terminate access for subscribers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to info@gracebayclub.com or the person or entity at the addresses and telephone number below:

General Manager


Grace Bay Club
Grace Bay Circle Road
P.O. Box 128 Grace Bay
Providenciales
Turks & Caicos Islands
Tel.: (+1) 649 946 5050
Fax: (+1) 649 946 5758

Permissions

All requests for licensing, reprints, linking and other usage of material on www.gracebayclub.com should be addressed to info@gracebayclub.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 72 hours of each request.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GBC DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. GBR IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND GBC DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.

GBC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF GBC HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL GBC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $100. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

The Site may contain links to other Web sites that are owned and operated by third parties. You acknowledge that GBC is not responsible for the accuracy, content, or availability of information accessed or linked to through the Site, nor does the inclusion of any such link imply endorsement by GBC of that Web site.

You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and for any loss, liability, damage or costs you may suffer as a result of any purchases you make.

Notices

GBC may give notice to you through general posting on the Service, through postal notification, or through E-mail notification, in its sole discretion. You may give notice to GBC via e-mail at webmaster@gracebayclub.com, by postal mail to Grace Bay Circle Road, P.O. Box 128 Grace Bay, Providenciales, Turks & Caicos Islands.

GBC reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Service, or any section thereof.

General

Any failure by GBC to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

Indemnity

In the event you breach the terms of this license, or if, any claims are made against GBC (its employees, officers or directors resulting from your actions) you shall be liable to GBC for all damages, costs, judgments, expenses (including reasonable attorney fees) which it incurs. This Agreement shall be governed by and construed in accordance with the laws of the Turks & Caicos Islands, as applied to contracts entered into and performed within the Turks & Caicos Islands. You agree to grant jurisdiction over yourself to the courts of the Turks & Caicos Islands and designate it as the forum for resolution of all disputes arising under this Agreement.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.

 

Grace Bay Club Privacy Policy

At Grace Bay Club, we understand that privacy is important, and we've created this policy to give you information about how we collect and use personal information. Our policy describes how we collect and use data from users of the www.gracebayclub.com Web site. We reevaluate this policy on an ongoing basis, and we value your feedback. If you have questions or concerns regarding our privacy policy, we ask that you contact us at:

Customer Service


Grace Bay Club
Grace Bay Circle Road
P.O. Box 128 Grace Bay
Providenciales
Turks & Caicos Islands

Tel.: (+1) 649 946 5050

Fax: (+1) 649 946 5758

webmaster@gracebayclub.com

Please note that this privacy policy may change from time to time. We will post the new policy on this page, and, if the changes allow us to use personally identifying information in ways that are different from the ways specified at the time the information was originally collected, our Web site will contain a special notice about the changes. Each version of this privacy policy will be identified by its effective date, which you can find at the bottom of the page.

1. Grace Bay Club Online Privacy Policy

Grace Bay Club collects data, including personally identifying information, from people who use the company’s Web sites. This section of our privacy policy explains how we collect and use this data. Please note that Grace Bay Club subscriber data is maintained separately from data gathered from our resorts.

Information we collect and how we use it

When you visit the www.gracebayresorts.com, www.gracebayclub.com and http://www.thewestbayclub.com/home.html Web sites, Grace Bay Club collects several forms of usage data, including:

Log data. Our servers automatically record certain information sent by your browser, such as your Web request, your Internet Protocol address, your referring URL, your browser type and language, and the date and time of your request.

Cookie data. When you visit the company’s Web sites, Grace Bay Club may send one or more "cookies"—small files containing a string of characters—to your computer to identify you as a unique user. If you have registered with Grace Bay Club, the information in your cookie is used to provide a more personalized experience on our site, for example by allowing you to customize portions of the site. If you haven't registered, the cookie identifies you as a unique user and helps ensure a smoother experience on the site, such as by limiting the number of times that you see certain subscription offers. If you have not registered on our site, we cannot link the user ID in the cookie with personal identifying information and data about you, such as your name or e-mail address.

Traffic and advertising data. Other cookies are used to enable Grace Bay Club and our service providers to gather and analyze site traffic and usage information, and to manage the content and advertisements presented. These cookies sometimes work in conjunction with other techniques, such as clear GIFs or pixel tags. The cookies placed by Grace Bay Club do not contain personally identifying information, but they may gather information about what sites and types of content you have visited and use that information to determine which content and ads appear when you visit various Web sites, including the  www.gracebayresorts.com, www.gracebayclub.com and http://www.thewestbayclub.com/ Web sites.

Third party advertising companies. We do not use third-party advertising companies and advertising networks to serve ads to you.

Browsers or third-party software can allow you to block the use of cookies while you surf our site. Or you can use third-party anonymizer services to mask information in your cookies or even general data such as your IP address. In such cases you would not be able to take advantage of most of the personalization services offered on the company’s Web sites.

The aggregated information we collect is used for a number of purposes including the following:

To improve the content and design of the company’s Web site.

To verify traffic volume to the site.

To help marketers assess the suitability of the site for our guests and prospective guests.

To help us understand more about the interests of our users, so that we can offer goods and services we believe may be of interest.

Many portions of the company’s Web sites can be used without registering or giving us any personal information such as (but not limited to) your name and e-mail address. However, Grace Bay Club does collect personally identifying information regarding our online users, including in the following ways:

When you provide it to us, such as (but not limited to) by entering a contest, becoming a registered member, buying a product, signing up for a newsletter, tutorial, or email or mobile alerts, or otherwise contacting us.

When you provide it to a company that powers a portion of our site or provides a special feature, such as a contest registration or a white paper library that appears on our site.

When you provide information about yourself or your company to Grace Bay Club in connection with a subscription order, that information may be included in your Grace Bay Club user record, if one exists.

If you have provided information to Grace Bay Club, from time to time we may enhance that information with other information that we collect from third-party sources.

The personal information we collect may be linked to information regarding your use of the Grace Bay Club Web site, such as which newsletters or alerts you subscribe to. This combined data helps us recommend content to you and target our communications to topics that interest you. The personal information and related data may be used in a number of ways, including the following:

To improve the content of the company’s Web sites, including by allowing Grace Bay Club's marketers to consult with Web site users.

To communicate with users about registration and other customer service issues.

To promote products and services of Grace Bay Club and our affiliated companies, as described in more detail below.

To conduct research surveys on behalf of Grace Bay Club and its subsidiaries and affiliates.

Information sharing

Grace Bay Club may share aggregated, non-personal information, such as Web site traffic figures, with third parties. This aggregated information does not identify you individually. We may share personal information with your consent or in order to provide products or services you have requested. In addition, by using the site you agree that we may also share personal information in any of the following circumstances:

We may use or disclose personal information if we have a good-faith belief that the disclosure is reasonably necessary (a) to satisfy applicable law, regulation, legal process, or enforceable governmental request, (b) to enforce agreements we have with you, (c) to address fraud or security issues, or (d) to protect against harm to the rights, property, or safety of Grace Bay Club or our employees or customers.

We may share personal information with trusted affiliates or third parties, such as credit card processors or fulfillment providers, who process information or perform services on our behalf.

If you submit personal information on a portion of our site that is operated by a third party, such as our reservations booking service, we may share the information you submit with the third party, and the information may be used by that party as permitted under that party's privacy policy.  Grace Bay Club and its parent and affiliate companies are not responsible for the third party's actions or policies. Portions of the site operated by third parties normally include a "Powered by" logo naming the third party, or include links to the third party's privacy policy.

We may transfer personal information from your user record to your subscriber record, if one exists, provided that we also transfer any preferences you have set for how that personal information is used. Any information transferred to the subscriber database will be governed by Section 2 (Grace Bay Club Subscriber Privacy Policy).

In addition, you should be aware that when you disclose personal information such as your name or e-mail address in a forum, blog comment, or other area that is publicly accessible by others, that information can be collected and used by others. Grace Bay Club and its parent and affiliate companies are not responsible for any information that you provide in the above areas.

Use of data for promotions, and choices for personal information

When you provide your e-mail address to us, you agree to receive e-mail from Grace Bay Club and its affiliated companies; however, you can unsubscribe from these e-mails at any time simply by following the instructions at the bottom of the e-mail. We allow you to opt out of receiving e-mail, both when e-mail information is collected and with each use of your address.

You may have the opportunity to provide us with your mobile phone number, whether by responding to a form that asks for a mobile number or by using your phone to send us certain kinds of communications, such as a shortcode, SMS or other mobile message. We use your mobile phone number to provide the products and services you've specifically requested, such as content delivery to your phone, and for customer service regarding those products and services. We may use your mobile phone number to promote other products and services of Grace Bay Club and its affiliated companies if you have expressly consented to receive our promotions via your phone. Similarly, we may use your mobile phone number to promote products and services of carefully chosen third parties if you have expressly consented to receive third party promotions via your phone. Your preferences for receiving promotions via your mobile phone are separate from your preferences for receiving promotions via other means, and you can update your mobile phone preferences at any time simply by following the instructions included in the messages we send to your mobile phone. Please note that the privacy practices described in this paragraph apply only to mobile phone numbers provided to us in the ways described above. If you provide your mobile phone number in other contexts, such as by entering a mobile phone number in a form that asks for your home or business number, we will not be able to identify the number as a mobile number, and the practices described in this paragraph will not apply. Also, please be aware that many mobile phone companies recycle phone numbers, so if you have a new phone number it is possible that you might receive messages that the previous holder of the number had signed up for or consented to receive.

Postal addresses and telephone numbers (other than mobile phone numbers described above) will be used to promote Grace Bay Club companies products and services, but will not be rented and/or licensed to selected outside firms for promotional purposes. Fax numbers may be used for surveys for Grace Bay Club, but are not rented and/or licensed to outside firms.

In addition to the methods outlined above, you may change your preferences regarding use of personal data by sending an e-mail to webmaster@gracebayclub.com.

If Grace Bay Club or any of its products are involved in a merger, acquisition, or sale of some or all of its assets, all personally identifying information and other data will be transferred to the new owner.

Last updated:  3 March, 2010.