PINEMOUNTAINCLUB.COM
TERMS OF USE
TERMS OF USE
Last Updated: January 1, 2025
Welcome to PineMountainClub.com, an online service operated by PineMountainClub.com, LLC, a limited liability company ("PineMountainClub.com, LLC"). This Site ("Site") is operated by PineMountainClub.com, LLC ("we," "us," or "our"). PineMountainClub.com, LLC is a separate and independent legal entity and operates independently from any parent or affiliate companies in all aspects, including legal, financial, and operational matters. This page explains the terms under which you may access and use the Site (the "Terms of Use" or "TOU").
Please read these Terms of Use carefully before accessing or using this website. If you do not agree to all of the terms and conditions contained in these Terms of Use, do not access or otherwise use this Site or our Services.
- Acceptance of Terms
By using the Site, creating an account, checking the "I agree" (or similar) box anywhere on the Site, or otherwise accessing or using the Site or our Services (as defined below), you: (1) agree that you have read, understood, and agree to be bound by these Terms of Use; and (2) acknowledge that you have read and agree to the collection and use of your information as set forth in our Privacy Policy (the "Privacy Policy"), whether or not you are a registered user of the Site or an advertiser on the Site.
These Terms of Use apply to all visitors, users, account holders, advertisers, and others who access the Site ("User(s)," "you," or "your"), and they constitute a legally binding contract between you and PineMountainClub.com.
PineMountainClub.com may modify these Terms of Use from time to time. Your continued access to or use of the Site and/or our Services constitutes your acceptance of any changes to these Terms. Your access and use of the Site and/or our Services will be governed by the most current version of these Terms of Use, as well as any rules and guidelines posted on the Site at the time of such use. Please check the Site regularly to review the then-current terms.
If you breach any of these Terms of Use, your access to and use of the Site shall automatically terminate, without any liability to PineMountainClub.com.
- Your Use of the Site
You agree not to engage in any of the following prohibited activities:
- Copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated "scraping."
- Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site in a manner that sends more request messages to the PineMountainClub.com servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that PineMountainClub.com grants the operators of public search engines such as Google and Bing revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
- Transmitting spam, chain letters, or other unsolicited promotional email.
- Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site.
- Taking any action that imposes – or may impose, as determined by us at our sole discretion – an unreasonable or disproportionately large load on our infrastructure.
- Uploading invalid data, viruses, worms, or other software agents through the Site, including through any of Your Content (as defined below).
- Collecting or harvesting any personally identifiable information, including account names and emails, from the Site.
- Using the Site for any commercial solicitation purposes, except as explicitly permitted by these Terms.
- Impersonating another person or misrepresenting your affiliation with any person or entity, engaging in fraud, or attempting to hide your identity from Us.
- Interfering with the proper functioning of the Site.
- Accessing any content on the Site through any technology or means other than those provided or authorized by the Site.
- Bypassing any measures, we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site or its content.
- Your Account
In order to access certain features and functions of the Site – which we may establish, maintain, and modify from time to time in our sole discretion – you may be asked to create a PineMountainClub.com account. Upon completing the account registration process, you will be prompted to select a permanent log-in name and password.
You are responsible for all activity on your account, and you agree to:
- Provide accurate, current, and complete information about yourself as prompted by any registration forms on the Site ("Registration Data"). Creating an account with false information is a violation of our terms.
- Maintain and promptly update your Registration Data, and any other information you provide to PineMountainClub.com, to keep it accurate, current, and complete.
- Maintain the security of your password and identification.
- Notify PineMountainClub.com immediately of any unauthorized use of your account or any other breach of security.
- Accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any third-party fees (including but not limited to credit card fees, foreign exchange fees, and cross-border fees).
- Accept all risks of unauthorized access to your Registration Data and any other information you provide to PineMountainClub.com.
- Never transfer your account to another person.
- These Terms and/or your use of the Site do not create any agency, partnership, joint venture, employment, or franchise relationship between you and PineMountainClub.com.
- Your Content
Content that you upload, post, or otherwise submit and make available using our Services – such as photographs you upload to our online galleries – is your content ("Your Content"). You retain any copyright you have in Your Content.
- Responsibility for Your Content
PineMountainClub.com is not in a position to offer legal advice or make legal determinations as to whether Your Content infringes someone else's intellectual property. You understand that you are solely responsible for Your Content, and you represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party's rights by posting it. Violating the intellectual property rights of brands or other rights owners may result in legal consequences. IMPORTANT: This section does not constitute legal advice. You should consult an attorney if you have any questions about the rights of others.
- Permission to Use Your Content
By posting Your Content, you grant PineMountainClub.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote PineMountainClub.com or the Services generally, in any formats and through any channels, including across any partners or third-party websites or advertising mediums. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also acknowledge our legitimate interest in using Your Content, in accordance with the scope of this license, to the extent Your Content contains any personal information.
- Objectionable Content
You may not post content that includes, but is not limited to:
(i) content that is obscene, misleading, libelous, violent, hateful, and/or unlawful, or
(ii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
You also may not:
(i) harass, threaten, impersonate, or intimidate others, or
(ii) post private or confidential information, including, but not limited to, credit card information, social security numbers, non-public phone numbers, or non-public email addresses. - Right to Delete Your Content
PineMountainClub.com is not obligated to list or post Your Content and reserves the right to delete Your Content from the Site:
(i) at any time if you violate these Terms of Use, or
(ii) if PineMountainClub.com believes it should remove Your Content for compliance with laws, the protection of other users, or any other business reasons. - Feedback / Contributions
We appreciate any feedback or suggestions you may submit about our Site or Services. However, you understand that we may use such feedback or suggestions without any obligation to compensate you, and we may disclose the ideas on a non-confidential basis or otherwise to anyone. PineMountainClub.com does not waive any rights to use similar or related ideas previously known to us, developed by our employees, managers of the service, or obtained from sources other than you.
- Responsibility for Your Content
- Our Content
Unless otherwise indicated, all content featured or displayed on the Site, including but not limited to logos, designs, text, copy, graphics, data, photographic images, moving images, videos, sound, illustrations, cartoons, software, editorial content, and the selection and arrangement thereof ("Our Content"), is owned by PineMountainClub.com, its licensors, or its third-party image partners. All elements of the Site, including Our Content, are protected by copyright, trade dress, moral rights, trademark, and other intellectual property laws in the United States and Globally.
PineMountainClub.com grants you the right to view and use the Site subject to these Terms. You may download or print a copy of the information provided on the Site for your personal, internal, and non-commercial use only. Any distribution, reprint, publishing, or electronic reproduction of any content from the Site, in whole or in part, for any other purpose is expressly prohibited without our prior written consent.
- Trademarks
"PineMountainClub.com and any other product or service name or slogan contained on the Site are trademarks of PineMountainClub.com or its licensors, or its third-party partners and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PineMountainClub.com. You may not use metatags or any other "hidden text" utilizing "PineMountainClub.com" or any other name, trademark, product, or service name of PineMountainClub.com without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, videos, button icons, and scripts, is the service mark, trademark, and/or trade dress of PineMountainClub.com and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
- Notification of Copyright Infringement Under the Digital Millennium Copyright Act (DMCA)
If you believe that your copyrighted material has been infringed upon, please provide the Service's Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or the subject of the infringing activity, and that is to be removed or access to which is to be disabled, along with information reasonably sufficient to permit the Service to locate the material.
- Information reasonably sufficient to permit the Service to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Service's designated agent to receive notifications of claimed infringement can be reached at:
PCPal
DMCA Agent for PineMountainClub.com
512 Monterey Trail #535
Frazier Park, CA 93225
Email: DMCA.Agent@PCPalComputerServices.com - Privacy
Please review our Privacy Policy for full details. By using the Site and/or our Services, you consent to the collection, use, and disclosure of your personal information as outlined in the Privacy Policy. You also agree to have your personal information collected, used, transferred to, and processed in the United States.
- Minors
To use the Site, you must be at least 18 years of age ("Minimum Age"). The Site is not intended for users under the Minimum Age. By using the Site, you represent and warrant that:
- you are at least the Minimum Age;
- you have all necessary rights, power, and authority to grant PineMountainClub.com the rights granted herein; and
- you have read, understood, and agree to be bound by these Terms of Use. If you are not at least the Minimum Age or do not agree to all the terms and conditions of these Terms of Use, you may not use the Website or Services.
- Third-Party Links and Content
The Service, and any communications you receive from the Service and its managers, may contain links to third-party websites, including, but not limited to, websites that may display or contain trademarks. These links are provided solely for your convenience and are intended only to enable access to third-party websites, and for no other purpose. PineMountainClub.com does not warrant or make any representations regarding the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, or any other representations about any third-party website or its content.
A link to a third-party website on the Service, or provided in an email or any other communication, does not constitute sponsorship, endorsement, approval, or responsibility by PineMountainClub.com. PineMountainClub.com makes no representation or warranty as to any products or services offered or sold to you on any third-party website or by any Advertiser offering services or products on the Service or on third-party websites linked from Advertiser ads.
The conditions of use and privacy policies for third-party websites may differ from the legal notices that apply to our Terms of Use. Please review the conditions of use and privacy policies for all third-party websites for more information about the Terms of Use and privacy policies that apply to them.
- Website Advertising Terms and Conditions
In addition to our Terms of Use, the following Advertising Terms and Conditions shall apply to all online and offline advertising, including Banner, Forum, Chat Room, and Email Advertisements ("Advertisements") submitted to us, created by us, or created by a business of our choosing, which the Service or the Managers of the Service accept or create for display in available spaces on the website. The Advertiser ("Advertiser"), by submitting an advertisement or the content of an advertisement to us, agrees to be bound by these Advertising Terms and Conditions. "Advertiser" includes business owners, any agent, broker, creator, designer, or other intermediary submitting an Advertisement on behalf of the Advertiser, as well as the ultimate customer or Member whose products or services are advertised in the Advertisement. The Advertiser's standard terms and conditions shall not apply.
- Advertising Standards
All ads submitted for publication or display must comply with applicable U.S. laws and may not be indecent, obscene, or defamatory. All advertising is subject to our approval. We reserve the right to refuse any advertisement at our sole discretion, for any reason, and without liability, including but not limited to offensive, misleading, or inappropriate content. Advertisements may not violate intellectual property rights, including copyrights and trademarks, or promote unlawful activities.
- Advertising Specifications
All accepted Advertisements must comply with our advertising specifications, which include adherence to our brand guidelines, high-quality standards for the ad content you submit, and the use of only our pre-designed ad layouts and designs for your advertisements. We reserve the right to request or make changes to any ads or ad content you submit if we believe such changes are necessary to maintain consistency with our brand, protect the reputation of the Website, or ensure compliance with applicable laws. This includes, but is not limited to, modifying the subject line of an email advertisement or adding an "ADVERTISEMENT" label to content that appears to be editorial in nature. Advertisers must submit their advertisements and content in the required formats and sizes as specified by us.
- Right to Refuse Advertising
We reserve the right to refuse, reject, remove, or cancel any Advertisement, at any time and for any reason, at our sole discretion and without liability or obligation to provide a reason. This includes, but is not limited to, situations where the business being advertised has developed or is perceived to have a poor reputation within the community, has provided substandard service, has failed to take responsibility for unsatisfactory or unacceptable work, or if we or the Managers of the Website receive complaints of this nature from Members or residents about any current or prospective Advertiser. Decisions made under this clause are final and not subject to appeal.
- Billing and Payment Terms
By advertising with us, you agree to the following billing terms:
- Recurring Monthly Billing:
Advertisers will be billed on a recurring monthly basis at the current rate for the advertisement, unless terminated in accordance with these Terms of Use. - Cancellation or Modification:
To cancel or modify your advertisement, you must notify us via email or through the "Contact Us" form on our website at least 2 business days prior to the next billing cycle. Failure to provide notice within the specified time frame will result in the continuation of the current billing schedule. - Ad Creation Fee:
A one-time charge may apply for the creation of the advertisement. This fee will be disclosed to the advertiser before any work begins. - Current Advertising Rates:
Current advertising rates apply and may be changed by us at any time without prior notice. It is the responsibility of the advertiser to stay informed about applicable rates. - Payment Prior to Ad Placement:
All advertisements must be paid in full prior to being placed on the website, unless otherwise agreed upon. For advertisers in Email Advertising programs, payment must be received before the email advertisement is sent. - Unpaid Amounts and Liability:
We reserve the right to hold advertisers and/or their advertising agency responsible for any unpaid amounts for advertising ordered and displayed on the website. Sequential liability clauses will not be accepted. The advertiser and their agency agree to hold PineMountainClub.com harmless from any and all claims or suits, including attorney fees, arising out of advertising displayed on the website.
Please ensure that your contact details are up to date in order to receive timely notifications regarding billing.
- Recurring Monthly Billing:
- Noncompetitive Restrictions
We reserve the right, at our sole discretion, to refuse any advertisement from any business, individual, company, or professional offering services or products that directly or indirectly compete with the Website, or with any of its managers, partners, parent LLC, or any of its series or affiliates, in any manner. This includes, but is not limited to, any service or product that is similar to or substitutes the content, services, or goods provided by the Website or its associated entities. The Website shall have no liability or obligation to explain its decision to refuse advertising from such parties, and the refusal of such advertisements shall not result in any claims or damages, including but not limited to financial compensation, refunds, or other remedies. The Website's decision in this regard is final.
- Advertising for Short-Term Rentals (STRs)
PineMountainClub.com offers businesses, including owners of local Short-Term Rentals (STRs), the opportunity to advertise on the Site under the existing Advertising Terms and Conditions. However, the Site and its Managers reserve the right to refuse, suspend, or cancel advertising for any STR or the STR owner at any time, for any reason, and without liability. This includes, but is not limited to, complaints or concerns raised by individuals living near the STR, whether these complaints are substantiated or not.
The Site and its Managers further reserve the right, at their sole discretion, to refuse to run any advertising for an STR or its owner if the STR has a history of complaints, including but not limited to noise, disturbances, leaving trash, trespassing, parking on a neighbor's property, pet issues, obnoxious or offensive behavior, causing a nuisance or annoyance to neighbors near the STR, breaking any established PMCPOA Association Rules, or other issues, as determined by the Site or the Site's management. The decision to refuse or cancel advertising for any STR or the owner of the STR shall be final and not subject to dispute.
By submitting an order for advertising or continuing to advertise on the Site, STR owners agree to abide by these terms and acknowledge that the Site and its Managers have full discretion in matters concerning the approval and continuation of advertising.
- Special Requirement for Real Estate Broker Participation in the "Live Here" Section
Real Estate Brokers who wish to advertise in the "Live Here" section of the Website—which is reserved exclusively for licensed Real Estate Agents and their services—must first maintain an active advertisement for their brokerage office in the "Shops and Services" section of the Website, specifically under the category "Real Estate Brokerage Offices." This foundational advertisement must be approved, paid in full, and live on the Website prior to the acceptance or appearance of any individual Real Estate Agent advertisement in the "Live Here" area. We reserve the right to refuse or remove any advertisement in the "Live Here" section if this prerequisite condition is not met or maintained.
- Physical Presence Requirement for Real Estate Advertisers
To preserve the hyper-local integrity and community focus of the Website, we reserve the right, at our sole discretion, to refuse advertising from Real Estate Brokers, Real Estate Agents, or Real Estate Franchises that do not maintain a verifiable physical office address within the local area served by the Website. For the purposes of this clause, the "local area" is defined as ZIP codes 93243, 93225, and 93222. The required physical office address must be owned, leased, or rented directly by the Broker, Agent, or Franchise, and must be listed in the name of the business or professional requesting to advertise.
Cloud-based or virtual real estate businesses and brokerages—such as those operating under online-only or virtual-first brokerage models without a permanent, staffed physical office location within the local area—may be excluded from advertising on the Website at our sole discretion. These types of operations do not meet the Website's physical presence requirement and may be deemed ineligible regardless of individual agent affiliation.
Upon request, Advertisers may be required to provide documentation proving the existence and occupancy of their local office space, such as a lease agreement, utility bill, or business license. Failure to provide satisfactory proof of local physical presence may result in the denial, suspension, or cancellation of any advertisements, without liability or obligation for refunds.
Exceptions may be considered on a case-by-case basis if a virtual or cloud-based business or agent can demonstrate a consistent, long-term, and meaningful presence in the local area, including—but not limited to—participation in local events, residency, community involvement, or other tangible connections to the community. The Website reserves full discretion to determine eligibility in such cases, and all decisions shall be final.
This clause is intended to support locally established real estate professionals and protect the community from unfair competition by non-local or virtual-only entities.
- One Real Estate Agent or One Real Estate Broker Per Advertisement
Each advertisement submitted for the "Live Here", "Village Center", or "Shops and Services" sections (for Real Estate Agents) or the "Real Estate Brokerage Offices" category (for Brokerages) must represent a single, clearly identified individual or business. Advertisements may not include multiple agents, multiple brokerages, or teams under one listing or ad. Real Estate Agent ads must feature only one licensed agent, and Brokerage Office ads must represent a single brokerage business under one broker.
This policy is intended to maintain clarity, consistency, and fairness across all real estate advertising placements.
- Additional Services and Modifications
Once your advertisement has been created and placed on the Website, any future changes or modifications to the content, design, or format of the advertisement will incur additional charges. These charges will be billed at the prevailing rates, as determined by us, our Website Manager, or one of our partners. This includes, but is not limited to, updates to the ad copy, design alterations, changes in ad placement, or adjustments to any aspect of the advertisement post-initial creation. Any such changes will be subject to approval by PineMountainClub.com, and you will be notified of the cost before any work begins. These additional charges will be separate from the initial ad setup or creation fee and will be billed according to the rates in effect at the time of the requested modification.
- Advertising Rate Variability
Advertising rates may vary for businesses in specific industries, including but not limited to:
- Companies providing phone and cell service, water, gas, propane, and internet services.
- Automotive dealerships.
- Real estate brokerages.
- Real estate loan and financing companies.
- Major insurance companies.
- Financial institutions, including banks and credit unions.
- Brand-name home and business service providers, including package delivery, plumbing, cleaning, maintenance, interior and exterior services, roofing, and electrical services.
- Brand-name retailers.
These industries may be subject to different pricing structures, premium placement fees, or customized advertising packages at our discretion. The determination of such rates will be based on factors such as market demand, competitive positioning, and the overall value of advertising space on our platform.
We reserve the right to adjust rates, offer special packages and rates, or negotiate individualized terms for businesses in these categories without prior notice. Advertisers in these industries and areas of business should contact us for specific pricing and package details.
- Cancellation of Advertising
A written cancellation of an order must be received 48 hours prior to the renewal date to avoid billing. No cancellation, including those sent by email, will be accepted without written acknowledgment from us confirming receipt.
Due to the nature of online advertising, we generally do not offer refunds. Once an ad is posted, it will immediately gain exposure to our audience. However, no guarantees are made as to the success of the advertisement.
Advertisements cancelled prior to appearing on the Website will be refunded in full.
Advertisers should check their advertisements for errors on the first day it appears online. No credit will be given for errors that do not materially affect the value of the advertisement.
No refunds are offered to Advertisers who wish to cancel enhancements to an ad posting after the advertisement has appeared for the first time online.
Approved refunds for credit card transactions may be issued as bank checks or via other appropriate refund mechanisms.
We reserve the right to edit, classify, reject, or cancel any portion or all of an advertisement at our sole discretion. Any advertising language that does not comply with federal, state, or local laws—including those regarding the prohibition of discrimination in employment, housing, and public accommodation—will be rejected. Additionally, we reserve the right to cancel or modify any advertisement if we believe it violates our internal policies or if we receive complaints regarding the content or claims made within the advertisement.
- Advertising Standards
The Service, its managers, service providers, and suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its availability for any reason, including but not limited to performing maintenance activities or maintaining session control.
You acknowledge that service outages and access to the Website can be interrupted by your Internet Service Provider (ISP) or our ISP at any time, for any reason, and without prior notice. Access to the Service requires an account with an ISP, such as AT&T, HughesNet, Starlink, or another provider. It is your responsibility to maintain your account and to contact your ISP in the event of service outages or interruptions. PineMountainClub.com has no control over your ISP and is not responsible for any disruptions caused by your ISP.
The Site is controlled and operated from the United States of America. If you access the Site from a location outside the United States, you do so at your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. PineMountainClub.com makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such content is illegal is prohibited.
Those who choose to access the Site and/or utilize the Services from outside the United States do so at their own risk and are responsible for compliance with local laws.
You agree not to use the Site or our Services if you are a resident or national of any country that is subject to a U.S. government embargo or sanction. Additionally, you may not access the Site or our Services if you are a foreign person or entity who is blocked or denied by the U.S. government, including those designated by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) or any other relevant authorities.
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. By providing your phone number through contact forms, via phone, or through any other means, you expressly consent to receive communications from us, including but not limited to e-mails, texts, phone calls, and mobile push notifications. This consent applies to communications from the Managers of the Site, as well as any partners, affiliates, or processors associated with the Site. You understand and agree that we may contact you via phone calls or text messages, including for promotional purposes or with information related to your use of the Site or services. You may retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically or via voice communication (e.g., phone calls, text messages) satisfy any legal requirement that such communications be in writing.
- Termination by You
You may terminate your PineMountainClub.com account, if you have one, at any time by emailing us at Hello@PineMountainClub.com. Please note that terminating your PineMountainClub.com account will not necessarily affect the availability of any of Your Content that was posted to the Site prior to termination. We are not obligated to remove any of Your Content that was posted to the Site before the termination of your account, and we shall have no liability for the continued availability of such content.
- Termination by PineMountainClub.com
PineMountainClub.com reserves the right, in its sole discretion and with the involvement of the Managers of the Website, to suspend or terminate your account and/or access to the Site at any time and without advance notice if we believe you have violated our Terms of Use. The Managers of the Website will have significant authority in the determination process for such suspension or termination. We also reserve the right to suspend or terminate your account and/or access to the Site for any reason, at any time, and without advance notice or any liability. If we do so, you do not have a contractual or legal right to continue using our Site or Services. PineMountainClub.com and the Managers of the website may refuse access or service to anyone, at any time, for any reason. PineMountainClub.com may, but is not obligated to, provide you with an opportunity to explain why your access to the website or account should not be suspended or terminated. If PineMountainClub.com (or you) terminate your account, you may lose any information associated with your account, including Your Content.
- We May Discontinue the Site or Services
PineMountainClub.com reserves the right to change, modify, suspend, discontinue, or close any part of the Site, the entire Site, or any Services offered on the Site, including advertising and social media links, at any time, without advance notice, for any reason, and without liability for any impact such change, modification, suspension, discontinuance, or closure may have on you or your business.
- Survival
These Terms of Use will remain in effect even after your access to the Site or Services is terminated, or your use of the Site or Services ends.
PINEMOUNTAINCLUB.COM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE OR OUR SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SITE AND OUR SERVICES ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PINEMOUNTAINCLUB.COM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PINEMOUNTAINCLUB.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. PINEMOUNTAINCLUB.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED WEBSITES.
- Content You Access
Our Site and/or Services may allow the sharing of information in many ways, such as through guest profiles, group posts, messaging and forums, comments, and photography. You may come across material that you find offensive or inappropriate while using our Site and/or Services. We make no representations concerning any content posted by users through the Site and/or Services. PineMountainClub.com is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you access through the Site and/or Services. You release us from all liability related to that content.
- People You Interact With
You may use the Site and/or Services to interact with other individuals online. However, you understand that we have no obligation to screen users of our Site and/or Services, or the content they post or share, and you release us from all liability relating to your interactions with other users.
- Third-Party Services
Our Site may contain links to third-party websites or services that we do not own or control. When you access these third-party services, you do so at your own risk. These third parties may require you to accept their own terms of use. PineMountainClub.com is not a party to those agreements; they are solely between you and the third party.
- LIABILITY LIMITS
IN NO EVENT WILL PINEMOUNTAINCLUB.COM, ITS EMPLOYEES, AGENTS, WEBSITE MANAGERS, PARENT, LLC, PAYMENT PROCESSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MANAGERS, OWNERS, AFFILIATES, OR INVESTORS BE LIABLE FOR:
(A) DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TERMS, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF ECONOMIC ADVANTAGE, LOSS OF USE, LOSS OF GOODWILL, LOSS OF BUSINESS REPUTATION, LOSS OF PERSONAL REPUTATION, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE; OR
(B) ANY DAMAGES WHICH EXCEED THE GREATER OF THREE HUNDRED ($300) US DOLLARS (USD) OR THE AMOUNT YOU PAID PINEMOUNTAINCLUB.COM IN THE PAST SIX MONTHS EXCLUDING ANY EXPENSES FOR CREATIVE WORK OR AD CREATION. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT SHOULD BE CONSTRUED TO THE GREATEST EXTENT APPLICABLE IN SUCH JURISDICTIONS. - No Guarantee of Results and Not a Marketplace
The Website, including its employees, agents, website managers, payment processors, service providers, officers, directors, managers, owners, affiliates, and investors, makes no guarantees or representations regarding the effectiveness, results, or outcomes of any advertisements placed on the Website. The Advertiser acknowledges and agrees that any statements, claims, or promotions made regarding potential results or benefits derived from the advertisement, whether printed, published, emailed, or verbally mentioned by any individual or entity associated with the Website, are not to be construed as guarantees of any kind. The Advertiser is solely responsible for the content, accuracy, and legality of their advertisements, and the Website, its affiliates, managers, and agents shall not be held liable for any claims or damages arising from the Advertiser's promotional activities. This provision supersedes any prior or future representations made by the Website or its representatives, affiliates, managers, and agents concerning the effectiveness of any advertisements.
Furthermore, you acknowledge and agree that PineMountainClub.com is not a marketplace. Any contract of service, sale or purchase made through or on the Website is solely between you, the Advertiser, and the Website user, visitor, Member, or buyer involved. The Website does not facilitate, guarantee, or endorse any transactions, and PineMountainClub.com shall not be held responsible for any contractual disputes, payments, or other issues arising from such transactions.
You agree to defend and indemnify PineMountainClub.com and its employees, agents, subsidiaries, website managers, payment processors, service providers, affiliates, officers, directors, managers, owners, predecessors, successors in interest, and investors from any legal claim or demand (including attorneys' fees) that arises out of or in connection with your actions, your use (or misuse) of our Site or Services, your breach of these Terms, or your infringement of someone else's rights, including, without limitation, any right of privacy or intellectual property rights. If we request that you defend a legal claim or demand, you will not agree to any settlement without our prior written consent. In addition, PineMountainClub.com reserves the right to participate, at our own expense, in the defense of any legal claim or demand with counsel of our own choosing. PineMountainClub.com also reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us or those individuals mentioned herein, and you agree to cooperate with our defense of these claims.
You agree that the laws of the State of Wyoming, without regard to principles of conflicts of law, will govern these Terms of Use and any dispute of any kind that might arise between you and PineMountainClub.com.
You and PineMountainClub.com agree that these Terms of Use affect interstate commerce, and that the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of these arbitration provisions.
If you and PineMountainClub.com are unable to resolve a dispute through informal negotiations, you agree that any dispute concerning or relating to these Terms of Use, the Privacy Policy, the Site, and/or our Services shall be resolved exclusively through binding arbitration, pursuant to the Federal Arbitration Act. The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (JAMS) in accordance with its Comprehensive Arbitration Rules & Procedures. Such proceedings shall be governed by the substantive laws of the State of Wyoming (without regard to its conflict of law principles, and excluding the Wyoming Arbitration Act), and shall take place in Teton County, Wyoming.
Delegation: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable.
Class Action Waiver: Any arbitration under these Terms will take place on an individual basis. Class arbitration and class actions are not permitted. By agreeing to these Terms, you (and we) are waiving our right to a trial by jury, and we both agree that any dispute will be resolved through arbitration on an individual, non-class basis.
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief before the state or federal courts located in or having jurisdiction over Teton County, Wyoming, pending a final decision by the arbitrator. A request for interim relief shall not be deemed a waiver of the right to arbitrate.
If for any reason a dispute proceeds in court rather than arbitration, you consent to the exclusive jurisdiction and venue in the courts located in or having jurisdiction over Teton County, Wyoming, and hereby waive any defenses of lack of personal jurisdiction or forum non conveniens with respect to such jurisdiction and venue.
You agree that you will not file any frivolous, without merit, in bad faith, or malicious legal claims against PineMountainClub.com, its employees, agents, website managers, parent LLC, payment processors, service providers, officers, directors, managers, owners, affiliates, and investors. In the event that a claim is determined to be frivolous, without merit, in bad faith, or malicious, you agree to indemnify and hold harmless PineMountainClub.com, its employees, agents, website managers, parent LLC, payment processors, service providers, officers, directors, managers, owners, affiliates, and investors for all costs incurred in defending against such claims, including attorney's fees and any other legal expenses.
You further acknowledge that frivolous, without merit, in bad faith, or malicious legal claims can cause not only financial harm but also significant emotional, mental, or physical distress to those defending such claims. You agree that, in the event such claims are determined to be frivolous, without merit, in bad faith, or malicious, the party filing the claim will be responsible for any harm caused to the individual or entity named in the suit, including any damages or negative impacts resulting from the distress or harm suffered due to the legal process, whether physical, emotional, or mental.
If any dispute proceeds to arbitration and the arbitrator finds the claim to be frivolous, without merit, in bad faith, or malicious, the arbitrator may award PineMountainClub.com, and the individuals/entities listed above, its reasonable attorney's fees, costs of defending the claim, and any damages related to the emotional, mental, or physical distress or harm caused by the frivolous, without merit, in bad faith, or malicious legal action.
- Entire Agreement
Except as otherwise stated herein, these Terms (including, without limitation, the Privacy Policy referenced herein) constitute the entire and exclusive understanding and agreement between PineMountainClub.com and you regarding the Site and our Services. These Terms supersede and replace any and all prior oral or written understandings or agreements between PineMountainClub.com, its website managers, partners, processors, and you regarding the Site and our Services.
- Waiver and Severability
No waiver by PineMountainClub.com of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PineMountainClub.com to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.
- Statute of Limitations
You agree that, to the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to your use of PineMountainClub.com, its Services, or these Terms of Use must be filed within one (1) year after the cause of action arises. Any claim not filed within this time period will be forever barred.
- Not a Marketplace and Due Diligence
You acknowledge and agree that PineMountainClub.com is not a marketplace. Any contract of sale, service or purchase made on or through the Website is solely between you, the Advertisers, users, Members, or buyers and sellers involved. The Website does not facilitate, endorse, or guarantee any transactions, and is not responsible for any agreements, payments, or disputes arising from such transactions.
Furthermore, you are encouraged to perform your own due diligence before transacting with any Advertisers or other website users or members appearing on the Website. PineMountainClub.com does not verify or validate the accuracy, legitimacy, or credibility of any Advertiser, user or member or their offerings. Any transactions or agreements made are at your own risk, and the Website is not responsible for the conduct, claims, or representations made by Advertisers.
You also acknowledge and agree that PineMountainClub.com, its managers, affiliates, officers, employees, agents, and any third-party partners connected to the Website (collectively, "Website Parties") shall not be held liable for any losses, damages, claims, or disputes arising directly or indirectly from transactions, interactions, or communications between you and any Advertiser, user, Member, or third-party. The Website Parties make no warranties or representations regarding the accuracy, legality, or validity of any products, services, or content provided by Advertisers or other users.
By accessing and using the Website, you acknowledge and agree to the following safety and liability disclaimers for all outdoor and indoor activities, locations, and experiences featured, mentioned, discussed, or linked to on the Website, including but not limited to any trails located on Pine Mountain Club property, any Los Padres National Forest Trails, any Los Padres National Forest Campgrounds, the greater Los Padres National Forest and adjacent wilderness areas, and any federal and state areas in or outside of the Los Padres National Forest. This also includes Pine Mountain Club amenities (clubhouse, pool, golf course, horse facilities, campgrounds, hiking trails, etc.), nearby areas and places, such as Wind Wolves Preserve, Fort Tejon, Tejon Ranch Conservancy, Mt. Pinos, Sawmill Mountain, Grouse Mountain, Pyramid Lake, nearby mountain areas, reserves and preserves, OHV parks including Hungry Valley and Ballinger Canyon, and other featured, mentioned, or linked to, recreational areas, facilities, parks, places, and Sites.
- General Safety Disclaimer
You acknowledge that the information provided on the Site, including safety tips and recommendations for outdoor activities, is for general informational purposes only. While we strive to provide accurate and up-to-date details, conditions can change rapidly in outdoor environments. PineMountainClub.com, its employees, agents, parent LLC, Website managers, administrators, authors, service providers, officers, directors, managers, owners, and affiliates are not responsible for any accidents, injuries, or damages that may occur as a result of following the information provided anywhere on the Site. You are encouraged to take necessary precautions, respect all posted safety signs and rules, and seek current information directly from official sources (such as park, land or preserve management, forest rangers, local authorities, federal and state land and park management offices, PMCPOA management, or posted signage at each location).
- Assumption of Risk
You acknowledge that by participating in outdoor or indoor activities or visiting any locations or places featured, listed, mentioned, or linked to on the Site (including, but not limited to hiking, camping, OHV activities, swimming, skiing, stargazing, biking, water activities, water sports, climbing, horseback riding, and wildlife viewing), you do so voluntarily and at your own risk. You understand that outdoor activities inherently carry risks, including but not limited to accidents, injuries, wildlife encounters, natural hazards, extreme weather conditions, dangerous or injurious encounters with other people (including hunters), slips, falls, and possible loss of life. You acknowledge the potential risks of encountering large animals such as bears, mountain lions, or other wildlife. You also acknowledge that outdoor activities may involve physical challenges that require careful preparation, and that it is your responsibility to ensure you are fit for the activity. You are responsible for your own safety and well-being, and are encouraged to use proper equipment, be prepared, exercise caution, stay alert to your surroundings, check with relevant authorities, and follow all posted rules and guidelines wherever you decide to visit.
- No Liability for Injuries or Accidents
In no event will PineMountainClub.com, its employees, agents, parent LLC, website managers, administrators, authors, service providers, officers, directors, managers, owners, or affiliates be liable for any injuries, accidents, fatal or injurious encounters with people or wildlife, or damages that may occur from your participation in activities featured, mentioned, or linked to on the Website. You assume full responsibility for your actions, choices, and decisions while visiting any of these areas, places, locations, and participating in any recreational indoor or outdoor activities.
- Accuracy of Information
While we strive for accuracy, we cannot guarantee that all information presented on the Site is current, complete, or error-free. For the most up-to-date information, including rules, regulations, hours of operation, and any potential restrictions or closures, you should consult official sources such as park, government or Site management, official Websites, or posted signage directly at each location you plan to visit.
- Recommendations and Health Considerations
It is recommended that if plan on visiting any areas or places featured or mentioned on the Site that you consult with appropriate authorities regarding any health advisories (e.g., wildlife warnings, extreme weather conditions, seasonal allergens, road and trail closures, virus protocols, etc.), safety measures, and fitness requirements for specific activities. If you're unsure of your abilities or safety, seek professional guidance or opt for a safer, less challenging experience.
- Changes to Information
The information on the Website is subject to change, and we reserve the right to update or modify any details and information presented on the Site at any time, without notice or liability. Always verify details such as trail conditions, operational hours, costs, permits, licenses, weather conditions, and event dates and times with not limited to the relevant authorities, agencies, park managers, or the main office of PMCPOA before embarking on any activities mentioned, linked to, or featured on the Website.
By using the hiking, area, and trail maps, trail information and links, and any other outdoor content provided on the Website, you acknowledge and agree to the following:
- Personal Responsibility
You acknowledge that hiking is a physically demanding activity that can involve risks such as fatigue, injury, and even death, especially on challenging trails or in extreme conditions. You should only attempt trails that are suitable for your physical condition and experience level.
You agree to be fully responsible for assessing your own physical health and capabilities before undertaking any hiking, biking, walking, riding, or running activity. If you have any doubts about your health, fitness level, or ability to safely complete a hike, walk, run, bike, horseback ride, or motorized vehicle ride, we strongly encourage you to consult a medical professional before proceeding. Hiking, walking, running, biking, horseback and motorized vehicle riding can be taxing, and activities in higher altitudes along with altitude changes, weather conditions, trail difficulty, and natural obstacles, may affect you differently depending on your personal health.
- Assumption of Risk
You acknowledge that hiking and trail use involves inherent risks, including but not limited to slips and falls, falling rocks, slippery, wet, rocky, and gravelly surfaces, deep and moving water, poisonous plants and insects, wildlife encounters, dangerous or injurious encounters with hunters or other people, weather changes, dehydration, exhaustion, and accidents. You also acknowledge the risk of natural hazards, such as extreme weather conditions, and the possibility of encountering large animals such as bears, mountain lions, or other potentially dangerous wildlife. By using information provided on the Site, including maps, suggestions, tips, recommendations, and related content, you acknowledge and accept these risks and agree to participate in all hiking and trail use activities at your own risk. You are responsible for staying alert to your surroundings, using proper equipment, and following all posted rules and relevant safety guidelines.
- No Liability for Injuries or Accidents
PineMountainClub.com, its employees, agents, parent LLC, website managers, administrators, authors, service providers, officers, directors, managers, owners, or affiliates are not responsible for any injuries, accidents, illnesses, fatal or injurious encounters with people or wildlife, or damages that may occur as a result of hiking or trail use listed, featured, mentioned, or linked to on the Site. The information provided, including trail maps, links, descriptions, tips, recommendations, and suggestions, is for general guidance purposes only. While every effort is made to ensure the accuracy of the information and content, we make no warranties, expressed or implied, concerning the completeness, accuracy, or suitability of the information provided.
- Proper Equipment & Preparation
You acknowledge that you are responsible for ensuring that you have the knowledge necessary before attempting any hike or trail use and the proper equipment for your chosen hike or trail. Essential items to consider include adequate footwear, sufficient water, snacks, sun protection (such as sunscreen and a hat), a map or GPS device, a first-aid kit, and appropriate clothing for changing weather conditions. You are also responsible for checking for up-to-date conditions and advisories, such as trail closures, hazards, weather warnings, and other safety concerns, before heading out on any trail for any purpose.
- Health and Fitness Considerations
Before embarking on any hiking or trail use activity, it's important to consider your physical health and fitness level. Hiking and trail use of any kind can be strenuous and may not be suitable for individuals with certain health conditions or those who are not physically prepared for extended outdoor exertion.
- High Altitude Considerations
You acknowledge that the trails featured and mentioned on the Website may start at altitudes above 5,000 ft. and reach altitudes of nearly 9,000 ft. at the Mt. Pinos summit. At these elevations, some people may experience symptoms of altitude sickness. This condition can affect anyone, regardless of their fitness level, but is more likely at higher elevations. Symptoms may include:
- Headaches
- Dizziness
- Nausea
- Shortness of breath
- Fatigue
At higher altitudes, there is less oxygen in the air, and your body may take time to adjust. If you are not accustomed to high elevations, it is important to take precautions:
- Take it slow: Allow your body time to acclimatize, especially on trails that reach higher altitudes.
- Hydrate frequently: Dehydration can worsen the symptoms of altitude sickness. Drink plenty of water before, during, and after your hike.
- Rest as needed: If you start feeling unwell, take a break, rest, and descend to a lower altitude if necessary.
- Consult a doctor: If you have pre-existing health conditions (such as heart disease or respiratory issues) or are unsure of your ability to handle higher elevations, consult a healthcare provider before attempting higher-altitude hikes.
- Hiking at elevations of 5,000 ft. to nearly 9,000 ft. can be a rewarding experience, but it's essential to be aware of how your body may respond to the altitude. Pay close attention to how you feel, and do not push yourself beyond your limits.
- Know Your Limits
Remember, if you experience any of the symptoms of altitude sickness or feel unwell, it is critical seek assistance and to begin heading back to lower elevations. The hike should be enjoyable, and your safety is the priority.
PineMountainClub.com is an independent website, established nearly 25 years ago, and is not affiliated with, endorsed by, or officially connected to the Pine Mountain Club Property Owners Association (PMCPOA). Any links to the PMCPOA or their social channels are provided solely for the convenience and benefit of our users and do not imply any endorsement or formal association between PineMountainClub.com and PMCPOA.
If you have any questions or comments about these Terms of Use, or if you need assistance, please email us at: Hello@PineMountainClub.com.
