Terms of service

OVERVIEW
This website is operated by Thunder Highlands. Throughout the site, the terms “we”, “us” and “our” refer to Thunder Highlands. Thunder Highlands offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: Privacy Policy

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Thunder Highlands, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Thunder Highlands and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@thunder-highlands.ca.
Our contact information is posted below:
Thunder Highlands Golf Course
info@thunder-highlands.ca

SECTION 21 - RELEASE OF LIABILITY AGREEMENT, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (“WAIVER”). 

YOUR AGREEMENT INDICATES YOU UNDERSTAND AND AGREE TO THE TERMS SET OUT BELOW.  
BY CHECKING OFF THE BOX FOR THE TERMS OF SERVICES, WITH THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGES, FOR ANY REASON. PLEASE READ CAREFULLY.  

In consideration of having access to and using the Thunder Highlands Golf Course and the lands upon which the golf course is located (collectively, the “Golf Course”), and as a condition of such access and use, the I (the “Registered Player”), not only on my own behalf, but also on behalf of all the Releasors (as hereinafter defined) hereby release Thunder Highlands Golf Course, any and all volunteers and/or employees who may be acting in connection with the Golf Course, and any and all persons operating equipment on or exercising authority over the Golf Course, as well as their respective directors, officers, employees, agents, contractors, subcontractors, representatives, volunteers, employees, successors and assigns of any of the above-mentioned (collectively, the “Releasees”), from any rights or claims the Releasors had, have, or might have had, against the Releasees for damages, injuries, illnesses, loss of or damage to property, or death, from any cause whatsoever, whether in tort, negligence, breach of the Occupier’s Liability Act, breach of contract or statutory duty, in law or equity, present or future, resulting directly or indirectly from the Releasors’ access to or use of the Golf Course for golf, walking or for any other activity or purpose or at any time (the “Released Claims”).   

I, the Registered Player, on my own behalf, and on behalf of all the Releasors, hereby waive any liability the Releasees might have now or in the future in respect of the Released Claims and undertake and agree not to commence, continue or participate in any legal proceedings against the Releasees in respect of any Released Claims at any time. I further agree that if I violate this Waiver and attempt to issue legal proceedings against any of the Releasees, that I agree to immediately discontinue these legal proceedings and be responsible for any legal costs incurred by the person or party defending such legal action.  

For greater certainty and without limitation, I, the Registered Player, on my own behalf and on behalf of all the Releasors, agree and understand the inherent risks associated with the game of golf, the use of golf equipment and/or manual and power golf cars, whether rented, owned or purchased from the Golf Course or Registered Player, the use of the Golf Course, the participation in sports and fitness and I further assume the full risk for any and all damages, injuries, illnesses, loss of or damage to property or death resulting directly or indirectly at any time from the use of or access to the Golf Course for golf, walking or any other activity or purpose.   

I, the Registered Player, also acknowledge and agree that I am agreeing to this Waiver not only in my personal capacity, but also on behalf of my successors, heirs and assigns, and on behalf of any and all of my family member who is a Registered Player aged 18 and under, and on behalf of any and all family members and other persons who enter upon or use the Golf Course as a guest of the undersigned, as well as the family members, successors, heirs and assigns of such guest(s) (collectively, the “Releasors”). I also hereby agrees on my own behalf and on behalf of all of the Releasors to indemnify and hold harmless the Releasees from any and all costs or liabilities arising out of their use of the Golf Course.   

Without in any way limiting the foregoing, I, the Registered Player on my own behalf and on behalf of all of the Releasors further acknowledge that the World Health Organization (WHO) has classified the Coronavirus disease (COVID-19) outbreak as a global pandemic, and I am aware of the risks attributable to COVID-19. I, the Registered Player on my own behalf and on behalf of all of the Releasors acknowledge the risks to personal health involved in accessing and using the Golf Course during the COVID-19 pandemic and despite these risks, hereby fully and voluntarily agree to assume all responsibility for all risks of personal injury, illness, loss or death resulting directly or indirectly from of any access to, or use of the Golf Course for any reason by the Releasors. I, the Registered Player on my own behalf and on behalf of all of the Releasors further acknowledge and agree that the Releasees will not be liable or responsible for any such personal injury, illness, loss or death.   

SECTION 22 - RULES OF PLAY  
Registered Players and guests are required to observe the following rules:   

  1. Golf play is permitted only for Registered Players and persons playing with Registered Players who have purchased a guest pass.  
  2. All guests must be registered and accompanied by a Thunder Highlands Member. Failure to register your guest will result in their immediate dismissal from the course, as well as a financial penalty to the accompanying Member. The initial penalty will be $250, escalating to $500 on a secondary offence, and membership will be revoked without reimbursement on the occurrence of a third offence.  
  3. Only Registered Players and Guests shall be permitted on the course. Non-golfers who are not Registered Players or Guests shall not be permitted on the course.  
  4. Play shall be on a “first come/first play basis” unless otherwise directed by the Course Superintendent or his delegate. 
  5. Each golfer must have their own clubs, balls and tees.   
  1. No alcohol is permitted on the course.  
  2. A maximum of 4 golfers may be included in any playing group (no fivesomes without specific permissions).  
  3. Golfers must play at a reasonable pace and allow faster groups to play through.  
  4. Golfers must repair all ball marks, replace divots and smooth sand in bunkers following shots.  
  5. Golfers must observe general rules of etiquette including minimizing noise and wearing appropriate attire including sneakers or spike-less golf shoes.  
  6. Golfers must leave the course at the commencement of any thunderstorms or at any time at the direction of the Course Superintendent or his delegate. 
  7. Golfers must not leave any trash, garbage or other items on the course, and all such items must be removed by the golfer on departure.  

SECTION 23 - PLAYER CODE OF CONDUCT  
The purpose of the Thunder Highlands code of conduct is to establish clear and acceptable expectations for Thunder Highlands Members and Guests. It is not intended to restrict the rights of anyone, but to ensure all playing members and guests are treated with dignity and respect while playing and enjoying Thunder Highlands Golf Course.   

Thunder Highlands may suspend or terminate membership if it is determined that the member: 

  • Exhibited unsatisfactory behaviour or conduct.
  • Failed to register guests, either initially or repeatedly.   
  • Failed to abide by the rules of play, as set forth above.   
  • Treated Thunder Highlands employees or any of the Course’s representatives in an unacceptable or abusive manner.   
  • Failed to respect the golf course.  
  • Abused the use of golf carts, whether personal or owned by Thunder Highlands.

SECTION 24 - GUESTS
All guests must be registered and accompanied by a Thunder Highlands Member. Failure to register your guest, will result in their immediate dismissal from the course, as well as a financial penalty to the accompanying Member. The initial penalty will be $250, escalating to $500 on a secondary offence, and membership will be revoked without reimbursement on the occurrence of a third offence.