If you do not agree with any of these Terms of Use, do not access or otherwise use this Site or any information or materials contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by each of the terms set forth below.

Privacy Policy

Your use of the Site is also governed by the Privacy Policy, which is available at www.TheBeachCompany.com and incorporated by reference into these Terms of Use. Any "personally identifiable information" that you submit in electronic communications to the Site, such as your name, address, email address, etc., is governed by the Privacy Policy.

Use of Copyrighted Materials/Trademarks

Any materials on the Site, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship (collectively the "Materials") are copyrighted materials owned by or licensed to The Beach Company. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by The Beach Company and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Site, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, subject to the following conditions:

1) Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.

2) Developer reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Developer.

Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights ("IP Rights") of The Beach Company, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials on the Site are expressly reserved to The Beach Company, its affiliates, and/or any third party, as applicable.

Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a "hypertext" link to the Site provided that such link is to the entry or home page of this Site and does not portray The Beach Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by The Beach Company at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any of The Beach Company's trademarks, logos or trade names or other proprietary information including the Materials found at or on the Site, the content of any text or the layout/design of any page of the Site or any form contained on a page of the Site without the express written consent of The Beach Company in each instance. In addition, you may not use any meta-tags or any other "hidden text" utilizing The Beach Company or its affiliate's names, trademarks, or product names without The Beach Company's express written consent in each instance.

Links to Third Party Websites

The Site may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by The Beach Company. These links are provided strictly as a resource to visitors of the Site. If you use these links, you may leave the Site. The Beach Company has not reviewed any of these third party sites and does not control and is not responsible for any of these sites or their content. The Beach Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. Please be aware that these other websites are not covered under The Beach Company's Terms of Use or Privacy Policy. We suggest that when linking to another site, you always read that web site's privacy policy before volunteering any personally identifiable information.

DISCLAIMER OF WARRANTIES
THE BEACH COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLIANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS, THE ACCURACY, TIMELINESS, RELEVANCE, RELIABILITY OR COMPLETENESS OF THE SITE OR THE MATERIALS OR ANY OTHER WARRANTIES REGARDING THE SITE, MATERIALS OR THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS, RELEVANCE AND COMPLETENESS OF ANY CONTENT OR OTHER MATERIALS CONTAINED ON THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE BEACH COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, OR ERROR-FREE. THE SITE IS MADE AVAILABLE "AS IS" AND "WITH ALL FAULTS."

Limitation of liability

The Beach Company provides the contents of the Site for general informational purposes and for your general interest only. The Beach Company shall not be liable to you or any third party claiming through you for any damages in connection with your use of the Site, your inability to use the Site or any content appearing on the Site. In no event will The Beach Company be liable to you or any third party claiming through you for any indirect, consequential, exemplary, punitive, special or incidental damages, including without limitation, damages arising from claims related to personal injury or death, loss of data, lost revenue, lost profits, loss of use or other economic advantage, change in applicable government regulations, regardless of the form of the action and regardless of whether The Beach Company has been advised of the possibility of such damages. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of The Beach Company for damages under these Terms of Use exceed the amount paid by you, if any, for accessing the Site.

Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Equal Opportunity

The Beach Company is pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. The Beach Company encourages and supports an affirmative advertising and marketing program in which there are not barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

Press Releases

The information contained within press releases issued by The Beach Company and its affiliates should not be deemed accurate or current except as of the date the release was posted. The Beach Company and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

Revisions to these Terms of Use

You agree that The Beach Company can revise these Terms of Use at any time without notice by updating this posting on the Site. Any changes or modifications will be effective upon posting of the revisions on the Site. The Beach Company may post changes or modifications to referenced policies and guidelines without your approval, and may determine whether and when any such changes apply to you. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use. Should you not wish to be bound by the modified Terms of use, you may not access or use the Site.

General Provisions

Enforcement of these Terms of Use will be governed by U.S. and South Carolina law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site will lie in the state or federal courts located in Charleston, SC and you irrevocably agree to submit to the jurisdiction of such courts. The failure of The Beach Company to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by The Beach Company in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

Contact Us

If you have any questions regarding the Site, please use our contact form.

Last Updated 09.30.08