Comanche Trace

Terms of Use

Welcome to comanchetrace.com  (the “Site”) the online presence of Comanche Trace Ranch & Golf Club, LLLP, a Colorado limited liability limited partnership who’s principle location is 2801 Comanche Trace Drive[TR1] , Kerrville, TX  78028 (“Comanche Trace”, “we”, or “us”).

THE FOLLOWING TERMS OF USE (THE "TERMS") GOVERN ALL ACCESS TO AND USE OF THE SITE AND YOUR RELATIONSHIP WITH COMANCHE TRACE AS A USER.

IN CONSIDERATION FOR ACCESS TO AND USE OF THE SITE, YOU ("YOU", “YOUR”, “USER”, OR, COLLECTIVELY, "USERS”) AGREE TO READ THE TERMS CAREFULLY BEFORE FURTHER ACCESSING OR USING THE SITE. BY FURTHER ACCESSING OR USING THE SITE, YOU REPRESENT, WARRANT, AND ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS, AND THAT YOU AGREE TO BE BOUND BY THE TERMS, WHICH GOVERN YOUR ACCESS TO AND USE OF THE SITE.  THE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND COMANCHE TRACE, AND GOVERN YOUR ACCESS TO AND USE OF THE SITE.  IF YOU DO NOT AGREE WITH ANY OF THE TERMS, CLOSE THE SITE DOWN IMMEDIATELY AND DO NOT ACCESS OR OTHERWISE USE THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. 

    1. ELIGIBILITY.  THE SITE IS NOT INTENDED FOR CHILDREN. If you reside in a jurisdiction which restricts the ability to enter into agreements such as the Terms due to age, you expressly represent and warrant that you have reached the age of majority in your legal jurisdiction or have the permission of your legal guardian to access and use the Site and to agree to the Terms as required to access and use the Site.  When using the Site, or any other Comanche Trace IP, you agree to comply with all applicable laws of your home territory and the territory in which you are physically present from which you access the Site or such Comanche Trace IP.
    2. Definitions.
      1. Affiliate” means any business entity with which Comanche Trace has a business or contractual relationship, including, but not limited to, agents, partners, associates, and parent or subsidiary entities. 
      2. Affiliate Content” means Content Shared by an Affiliate.
      3. Club Member” means an individual who is a member of the Club at Comanche Trace.
      4. Club Member Section” means the portion of the Site that is only accessible to Club Members.
      5. Comanche Trace Content” means Content Shared by Comanche Trace.
      6. Comanche Trace IP" means the past, present, and future intellectual property, owned, controlled, or licensed by Comanche Trace, including, but not limited to, the Site, all Comanche Trace trademarks, all Comanche Trace Content, and all copyrightable or otherwise legally protectable elements of the Site itself.
      7. Content” means any intellectual property, data, or communications Shared via the Site.
      8. Derivative Work” means any work that is based upon any Comanche Trace IP, including, but not limited to, an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted.
      9. Share” means upload, submit, post, distribute, disseminate, or otherwise make available.
      10. User” means an individual who accesses the Site or accesses and uses the Site.
      11. User Content” means any Content Shared by Users.
      12. User Data” means personally identifiable information Shared by or collected from a User via the Site.
      13. Your Content” means any Content Shared by you.
    3. Your Privacy.  Comanche Trace respects your privacy and is committed to protecting the personally-identifiable information we collect from you as you access and use the Site or any other Comanche Trace IP.  Your use of the Site is governed by our Privacy Policy, which is hereby incorporated into the Terms by reference.  Please read this notice carefully for information related to Comanche Trace’s collection, use, and disclosure of your personal information.
    4. Security of Information.  Comanche Trace maintains our systems in accordance with commercially reasonable industry standards to preserve the integrity and security of your personally identifiable information and Your Content. We cannot, however, ensure or warrant the security of any such information you Share through the Site, including, but not limited to Your Content and any personally identifiable information included in Your Content, and you do so at your own risk.  Once we receive the Your Content, we make commercially reasonable efforts to ensure the security of our systems.  However, this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.  “Perfect security" does not exist on the Internet, and your use of the Site or any other Comanche Trace IP is at your own risk.
    5. Club Member Section. In order to access and use the Club Member Section, you must become a Club Member and agree to the Club Rules. You agree that you will not access or use the Club Member Section without reading and agreeing to the Club Rules or allow others access to the Club Member Section unless they are bound by terms no less restrictive than those found in the Club Rules. Information about Club Membership can be found on the Site here.  If you would like to become a Club Member, please contact our Membership Director.  You can request information here. 
    6. Comanche Trace IP.  You and Comanche Trace hereby represent, warrant, and acknowledge that all Comanche Trace IP is owned, controlled, or licensed by Comanche Trace and is protected by copyright, as a trademark, by patent, or by other intellectual property rights. Unless otherwise noted, the Site, and all Content Shared via the Site is Comanche Trace Content and Comanche Trace IP, including, but not limited to, the object code and underlying source code thereof, the tradenames thereof and trademarks thereon, and the selection, sequence, "look and feel", and arrangement of items thereon. You agree that you shall acquire no rights in any Comanche Trace IP unless otherwise noted in writing by Comanche Trace. You may not copy, reproduce, frame, republish, download, upload, post, transmit, distribute, hyperlink, or exploit any Comanche Trace IP for commercial use in any way beyond what is permitted by the Terms without the prior written consent of Comanche Trace.
      1. License to Access and Use.  Comanche Trace hereby grants you a limited, personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, freely and fully  revocable license to access and use the Site and the Comanche Trace Content Shared via the Site for the purpose of informing yourself about Comanche Trace and Comanche Trace’s services, to use any Affiliate Content or User Content Shared with you via the Site, to Share Your Content with Comanche Trace, and to gain access to the Club Member Section if you are a Club Member in accordance with the agreements governing such access.  You acknowledge and agree that with exception to this limited license you have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance, or in any way exploit any Comanche Trace IP in any manner unless otherwise noted in writing by Comanche Trace.  This license terminates automatically, without notice to you, if you breach the Terms. 
      2. Reservation of Rights.  Comanche Trace reserves all rights not expressly granted in the Terms unless otherwise noted in writing by Comanche Trace.
      3. Prevention of Unauthorized Use.  Comanche Trace reserves the right to exercise whatever lawful means Comanche Trace deems necessary to prevent unauthorized access to or use of the Site, the Club Member Section, or any other Comanche Trace IP, including, but not limited to, technological barriers, IP mapping, and directly contacting your internet service provider or law enforcement regarding such unauthorized use.
      4. Prohibitions. You may not, nor shall you permit any third party to, directly or indirectly: (i) modify, edit, copy, reproduce, create any Derivative Work, or reverse engineer, alter, enhance, use, or exploit any Comanche Trace IP for any purpose unless otherwise stated in writing by Comanche Trace; (ii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; (iii) “scrape” the Site, or use any bot, spider, scraper, data miner, or automated agent to access or use the Site or gain access to or use any information on the Member Section; (iv) decipher, decompile, disassemble, or reverse engineer any Comanche Trace IP or attempt to do so; (v) rent or lease any Comanche Trace IP or any portion thereof to any third party, or otherwise use or allow the use of any Comanche Trace IP or any portion thereof to be used for any commercial purpose outside the purposes of the Terms or on behalf of any third party; (vi) remove any proprietary notices from any Comanche Trace IP; (vii) use or any Comanche Trace IP for any unauthorized purpose; (viii) use any Comanche Trace IP in a competitive manner with Comanche Trace; (ix) use any Comanche Trace IP to send any unsolicited messages in violation of any applicable U.S. federal, state, or local law, rule, or regulation; (x) use any Comanche Trace IP to violate any U.S. federal, state, or local law, rule, or regulation; (xi) interfere with or disrupt the integrity or performance of the Site or the Content contained thereon; or (xii) attempt to gain unauthorized access to the Site or Club Member Section.
    7. Your Content.  Comanche Trace hereby allows you to Share Your Content with Comanche Trace via the Site. 
      1. License Grant to Comanche Trace.  By Sharing Your Content via the Site, you thereby grant Comanche Trace a paid-in-full, royalty free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide right and license to use, display, perform, distribute, modify, adapt, abridge, exploit, and promote Your Content in any way and in any commercial or non-commercial medium or form without further compensation. 
      2. Your Content Representations and Warranties. You are solely responsible for Your Content and all the consequences, ramifications, and results of Sharing Your Content via the Site.  By Sharing Your Content via the Site, you represent, warrant, and affirm that:  (i) you are solely responsible for Your Content and all the consequences, ramifications, and results of Sharing Your Content via the Site; (ii) you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and for Comanche Trace to use Your Content as necessary to exercise the licenses granted by you in this Section VII of the Terms and in the manner contemplated by Comanche Trace and the Terms; (iii) Your Content does not and will not slander, defame, or libel any other person; (iv) the use of Your Content as permitted herein does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (v) Your Content does not contain any viruses, adware, spyware, worms, or other malicious code; and (vi) Your Content is free of any digital rights management, including any software designed to limit the number of times Your Content may be copied or played.  Violators of the Terms may be subject to criminal and civil liability.  Comanche Trace reserves all rights and remedies against any Users who violate the Terms.
    8. Affiliate Content.   The Site may include Affiliate Content. Comanche Trace does not control the availability and content of Affiliate Content. Access to and use of Affiliate Content is solely at your own risk.  Any concerns regarding any Affiliate Content, should be directed to that Affiliate.
    9. Derivative Work.  To the extent that you create any Derivative Work absent an explicit agreement with Comanche Trace, such Derivative Work shall be owned by Comanche Trace and all right, title, and interest in and to each such Derivative Work shall automatically vest in Comanche Trace.  Such right, title, and interest shall be deemed paid-in-full and royalty free, and Comanche Trace shall have no obligation to grant you any right in any such Derivative Work.  You hereby irrevocably assign to Comanche Trace any and all joint or individual ownership, rights, titles, and interests in and to any and all such Derivative Work, including, but not limited to all: (a) copyrights, patents, inventions, rights in mask works, trademarks, trade secrets, and other intellectual property rights, and all other rights that may hereafter be vested relating to the Derivative Work, arising under U.S. or any other law, together with all national, foreign, state, provincial, and common law registrations, applications for registration, and renewals and extensions thereof;  (b) goodwill associated with the Derivative Work; and (c) all benefits, privileges, causes of action, and remedies relating to any of the foregoing, whether before or hereafter accrued, including, but not limited to, the exclusive rights to apply for such registrations, renewals, or extensions, to sue for all past infringements or violations of any the foregoing, and to settle and retain proceeds from any such actions. You further assign to Comanche Trace, during the full copyright or patent terms and any extensions or renewals of that term, all copyrights and patents in and to the Derivative Work.  In the event that the assignment in this Section IX of the Terms does not provide Comanche Trace with full ownership, rights, titles, and interests in and to the Derivative Work, you hereby grant Comanche Trace an exclusive, freely transferable, freely assignable, irrevocable, paid-in-full, royalty-free, perpetual, fully worldwide license to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or otherwise dispose of, and import the Derivative Work in any and every way Comanche Trace sees fit, with the right to sublicense each and every such right.  Furthermore, you hereby assign and transfer any and all moral rights in any Derivative Work to Comanche Trace. You agree where such rights may not be assigned as a matter of law to cooperate fully with Comanche Trace during the lifetime of such rights and agree not to take any interest with regard to such rights that is contrary to the will and goals of Comanche Trace, and you agree not to exercise any such moral rights without the explicit prior written consent of Comanche Trace.  Where any such moral rights may not be assigned as a matter of law, but may pass on to your heirs at law, you hereby disclaim any and all such moral rights.
    10. Unsolicited Suggestions.  Comanche Trace welcomes your feedback, suggestions, and recommendations.  By submitting any feedback, suggestions, or recommendations to Comanche Trace, you agree that Comanche Trace may, but shall have no obligation to, use, modify, distribute, copy, and otherwise exploit such feedback, suggestions, or recommendations in any manner, as Comanche Trace sees fit, without restriction or limitation of any kind, and you thereby grant to Comanche Trace a paid-in-full, royalty-free, freely and fully transferable, freely and fully assignable, freely and fully sub-licensable, irrevocable, perpetual, worldwide license to do so and to allow others to do so, and agree not to permit or prosecute any action or lawsuit on the ground that Comanche Trace’s use or alleged use of such feedback, suggestion, or recommendation infringes any of your rights.
    11. Links to Other Websites or Services. The Site may include links or references to other websites or services (“Linked Sites”). Linked Sites are provided for your convenience and information only.  Comanche Trace does not control the availability and content of Linked Sites. Access to and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.  Any concerns regarding Linked Sites, or any information, resources, or services therein, should be directed to the operator of the particular Linked Site.
    12. Changes to the Site.  Comanche Trace may discontinue or change any Content, service, function, or feature of the Site at any time with or without notice.
    13. Changes to the Terms.  Notwithstanding Section XXV of the Terms, Comanche Trace may modify, alter, or otherwise update the Terms at any time.  Such modifications shall be effective immediately upon posting on the Site.  You are responsible for regularly reviewing the Terms.  Your continued access to or use of the Site or the Club Member Section constitutes your agreement to all such modifications.
    14.   Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMANCHE TRACE DISCLAIMS ANY AND ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS WITH REGARDS TO THE SITE, CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, AND ANY AND ALL COMANCHE TRACE IP.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, AND ANY AND ALL COMANCHE TRACE IP IS SOLELY AT YOUR OWN RISK.  THE SITE, CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, AND ANY AND ALL COMANCHE TRACE IP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMANCHE TRACE DOES NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE, CLUB MEMBER SECTION, ANY OTHER COMANCHE TRACE IP, OR ANY LINKED SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. COMANCHE TRACE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE, CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, AND ANY AND ALL COMANCHE TRACE IP IN TERMS OF USE OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
    15.   User Warranties.  You hereby represent and warrant that: (a) you have the right to enter into and fully perform the mutual covenants contemplated herein, consistent with the Terms; (b) there is no outstanding contract, commitment, or agreement to which you are a party that conflicts with the Terms; (c) you are not subject to any injunctions or settlement agreement with private or public parties that may limit your ability to comply with the terms of the Terms; and (d) you shall comply with all applicable laws and regulations.
    16. Limitation of Liability and Damages. IN NO EVENT WILL COMANCHE TRACE BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, IN CONNECTION WITH OR ARISING OUT OF THE TERMS OR YOUR ACCESS TO, USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SITE, CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, OR ANY AND ALL COMANCHE TRACE IP, WHETHER OR NOT YOU OR SUCH THIRD PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMANCHE TRACE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS, THE SITE, CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, OR ANY AND ALL COMANCHE TRACE IP, OR THAT RESULT FROM YOUR ACCESS TO, USE OF, OF OR YOUR INABILITY TO ACCESS OR USE THE SITE, CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, OR ANY AND ALL COMANCHE TRACE IP, OR ANY OTHER INTERACTIONS WITH COMANCHE TRACE, EVEN IF COMANCHE TRACE OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.  THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.  IF YOU ARE CALIFORNIA RESIDENTS, YOU HEREBY AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
    17.   Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMANCHE TRACE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, OR DAMAGES, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, WHICH MAY HEREAFTER ARISE, WHICH COMANCHE TRACE MAY SUSTAIN DUE TO OR ARISING OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY MADE HEREIN, YOUR BREACH OF THE TERMS, YOUR NEGLIGENT ACT OR OMISSION, YOUR ACTS IN VIOLATION OF THE TERMS OR ANY APPLICABLE LAW, STATUTE, OR REGULATION OF THE UNITED STATES OR THE JURISDICTION IN WHICH YOU RESIDE, OR YOUR CONTENT, OR CAUSED BY OR ALLEGED TO BE CAUSED BY, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO OR USE OF THE SITE, CLUB MEMBER SECTION, ANY AND ALL LINKED SITES, ANY AND ALL CONTENT THEREON, ANY AND ALL CONTENT SHARED BY COMANCHE TRACE, AND ANY AND ALL COMANCHE TRACE IP.
    18. Equitable Relief.  You agree and acknowledge that the protections in Sections VI, VII, IX, and X of the Terms are directly related to Comanche Trace’s goodwill and vital business interests and that a breach of such Sections of Terms would cause Comanche Trace significant and irreparable injury, the degree of which may be difficult to ascertain and for which monetary damages may not provide adequate compensation.  Accordingly, in addition to any other remedy available at law, equity, or otherwise, Comanche Trace will be entitled to seek immediate injunctive relief against any breach or threatened breach of such Sections of the Terms in any court of competent jurisdiction, without proving actual damage or posting a bond or other security.
    19. Liquidated Damages.  You agree and acknowledge that the protections in Sections VI, VII, IX, or X of the Terms are directly related to Comanche Trace’s goodwill and vital business interests and that your breach of such Sections the Terms would cause Comanche Trace significant and irreparable injury, the degree of which may be difficult to ascertain.  Accordingly, irrespective of any and all other remedies available to Comanche Trace at law, equity, or otherwise, Comanche Trace shall be entitled to elect liquidated damages in the amount of TWENTY THOUSAND U.S. DOLLARS ($20,000) if you breach such Sections of the Terms. You agree and acknowledge that these liquidated damages are a fair and accurate estimate of Comanche Trace’s actual damages resulting from such breach and shall not be construed as penalty or punitive damages against you. 
    20. Law and Venue.  You agree that that any action at law or in equity arising out of or relating to the Terms, the Privacy Policy, the Site, Club Member Section, any and all Linked Sites, any and all Content thereon, any and all Content Shared by Comanche Trace, any and all Comanche Trace IP, or Comanche Trace and all suits and special proceedings relating to the Terms, the Privacy Policy, the Site, Club Member Section, any and all Linked Sites, any and all Content thereon, any and all Content Shared by Comanche Trace, any and all Comanche Trace IP, or Comanche Trace shall be construed in accordance with and under and pursuant to the laws of the State of Texas, without giving effect to any principles of conflicts of law.  You further agree that any action at law or in equity arising out of or relating to the Terms, the Privacy Policy, the Site, Club Member Section, any and all Linked Sites, any and all Content thereon, any and all Content Shared by Comanche Trace, any and all Comanche Trace IP, or Comanche Trace and all suits and special proceedings relating to the Terms, the Privacy Policy, the Site, Club Member Section, any and all Linked Sites, any and all Content thereon, any and all Content Shared by Comanche Trace, any and all Comanche Trace IP, or Comanche Trace will be filed only in the San Antonio Division of the Western District of Texas or the state courts in and for Kerrville, Kerr County, Texas, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action and expressly submit to extraterritorial service of process.
    21. Dispute Resolution.  You agree that you will first try to resolve any controversy, claim, or dispute arising out of or relating to the Terms, the Privacy Policy, the Site, Club Member Section, any and all Linked Sites, any and all Content thereon, any and all Content Shared by Comanche Trace, any and all Comanche Trace IP, or Comanche Trace with the help of a mutually agreed upon mediator in Kerrville, Kerr County, Texas.  Any costs and fees other than attorney fees associated with the mediation shall be paid by you.  Any and all Attorney fees associated with the mediation shall be paid by the respective party incurring such cost.
      1. If it proves impossible to arrive at a mutually satisfactory solution through mediation, You agree to submit the dispute to binding arbitration in Kerrville, Kerr County, Texas. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association (“AAA”), and judgment on the award rendered by the arbitrator(s) may be entered in the San Antonio Division of the Western District of Texas or the state courts in and for Kerrville, Kerr County, Texas.  The parties agree to abide by all decisions and awards rendered in such proceedings.  Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity.  The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement.  The arbitrator shall be required to follow applicable law.
      2. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES INAPPLICABLE, THEN YOU, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
    22.   Attorney Fees. In the event that Comanche Trace must initiate proceedings in connection with or for the enforcement of the Terms, Comanche Trace shall be entitled to recover its cost of suit, including reasonable attorney fees, both at trial and appellate level.
    23. Survivorship of Benefits.  The Terms shall be binding on and inure to the benefit of the respective parties and their executors, administrators, heirs, personal representatives, successors, and assigns.
    24.  International Use. Comanche Trace makes no representation that the Site, Club Member Section, any and all Linked Sites, any and all Content thereon, any and all Content Shared by Comanche Trace, or any and all Comanche Trace IP is appropriate or available for use in locations outside the United States.  If you choose to access or use the Site, Club Member Section, any and all Linked Sites, any and all Content thereon, any and all Content Shared by Comanche Trace, or any and all Comanche Trace IP from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
    25. Waiver of Modification of Agreement. A waiver or modification of the Terms or of any covenant, condition, or limitation in the Terms shall not be valid unless made in accordance with Section XIII of the Terms or executed in writing between the parties, and evidence of any waiver or modification shall not be offered into or received in evidence in any proceeding, mediation, arbitration, or litigation between the parties arising out of or affecting the Terms, or the right or obligations of any party under the Terms, unless the waiver or modification is made in accordance with Section XIII of the Terms or executed in writing between the parties in writing. The parties further agree that the provisions of this Section XXV of the Terms may not be waived except as set forth in the Terms. The failure of Comanche Trace to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.
    26. Severability.  To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any terms of the Terms invalid or otherwise unenforceable in any respect.  In the event that any terms of the Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining terms of the Terms.
    27.   Assignment. Your rights and licenses under the Terms may not be assigned, transferred, or sub-licensed by you, but Comanche Trace’s rights and licenses under this Agreement may be freely and fully assigned, transferred, or sublicensed by Comanche Trace without restriction.  Any assignment, transfer, or sublicense attempted to be made by you in violation of the Terms shall be void ab initio.
    28.   Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
    29. Hierarchy of Documents. For the purposes of the Terms, in the event of a direct conflict between the provisions of the Terms and the Privacy Policy, the provisions of the Terms then the Privacy Policy, in that order of priority, will control.
    30.   Relationship of the Parties.  Both you and Comanche Trace are independent contractors. The Terms create no agency, partnership, joint venture, franchise, or employee-employer relationship between the parties unless otherwise noted in writing by the parties. Both you and Comanche Trace acknowledge, represent, and warrant that neither party has the authority to bind the other party or incur any obligation on the other party’s behalf, or represent, cause, or allow to be represented, encourage, aid, or abet any other third party in the making of representations that such third party possesses any such authority in any capacity other than as specified in the Terms.
    31. Construction.  Any capitalized terms used in these Terms but not defined in the Terms shall have the meaning given to such term in the Privacy Policy. Where such term is not defined in the Terms or the Privacy Policy such term shall have the meaning given to it by the context in which it is used therein. Additionally, when context requires, singular nouns and pronouns include the plural and possessive.
    32. Notices.  All notices, requests, demands, consents, permissions, and other communications hereunder shall be in writing by email: a) to Comanche Trace at info@comanchetrace.com; b) to Users when posted on the Site.
    33.  Contact Information. Any comments, complaints, or requests for further information can be directed to info@comanchetrace.com.