Country Club Mag — TERMS OF SERVICE

Updated: 9/30/26

TABLE OF CONTENTS

1. Introduction.

2. Description of Services

3. Eligibility

4. Communications Consent

5. Permitted Use and Prohibited Conduct

6. Property Listings and Third-Party Content

7. No Professional, Real Estate, or Construction Advice

8. Purchases

9. Subscription Services and Property Listing Services

10. Intellectual Property Rights and Ownership

11. User Contributions

12. Linked Sites

13. Disclaimers

14. Limitation of Liability

15. Indemnification

16. Dispute Resolution – Binding Arbitration and Class Action Waiver

17. Governing Law and Venue

18. Additional Terms

19. Contact

1. Introduction. PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY before using our Site or submitting any information through it. These Terms are a binding agreement between you and the website www.CountryClubMag.com under the name “Country Club Mag“ (collectively, “Country Club Mag,” “we,” “us,” or “our”) and apply to and govern your access to and use of “www.CountryClubMag.com” and any other website, mobile website, social media site, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, that are owned, operated, or provided by Country Club Mag (collectively, the “Site”). By visiting or otherwise using the Site in any manner, you acknowledge, accept, and agree to be bound and abide by these Terms. You also acknowledge, agree, and consent to the terms of our Privacy Policy (https://www.countryclubmag.com/privacy-policy/), which is incorporated herein by reference. If for any reason you do not accept and agree to these Terms or the Privacy Policy, accessing the Site is strictly prohibited and you must immediately exit.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SITE, ARE LEGALLY BINDING, LIMIT Country Club Mag’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY Country Club Mag AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION (SECTION 16), INCLUDING A CLASS ACTION WAIVER (SECTION 16). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS, DO NOT USE THE SITE.

We reserve the right to change these Terms at any time in our sole discretion. Any nonmaterial changes will be effective upon posting, and you agree to the new posted Terms by continuing your use of the Site. Material changes will be effective thirty (30) days after we provide notice by posting the revised Terms and by email to the address you provided, if provided, except changes relating to new features or required by law, which are effective immediately. It is your responsibility to check periodically for changes.

These Terms are written in the English language; to the extent any translated versions conflict with the English language version, the English language version shall control.

2. Description of Services.

Country Club Mag provides digital content, including blog posts, articles, and resources related to country club living. The Site also provides an advertising platform for real estate listings, where third parties can advertise properties for sale.

Not a Real Estate Broker: Country Club Mag is an advertising medium and publisher. We are not a licensed real estate broker, agent, or lender. We do not represent buyers or sellers, we do not guarantee the sale of any property, and we are not a party to any transaction that may occur between a buyer and a seller or their respective agents.

3. Eligibility. The Site is intended for U.S. residents. By using the Site, you represent and agree that you are at least the legal age of majority in the jurisdiction in which you reside. The Site is not targeted for use by children under the age of 18. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), OR HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE NOT AUTHORIZED TO USE THE SITE, TO SUBMIT ANY INFORMATION THROUGH IT, OR TO AGREE TO THESE TERMS, AND YOUR USE OF THE SITE IS STRICTLY PROHIBITED.

4. Communications Consent.

Calls and messages: By providing your mobile number to us, you agree to be contacted by or on behalf of Country Club Mag at the number you have provided, including via phone call or text message, to receive marketing and promotional communications from Country Club Mag regarding informational updates, market insights, and industry news. You recognize and acknowledge that text messaging is an inherently less secure method of communication and agree to receive text messages regardless of the level of security associated with them. Message and data rates may apply. You may revoke consent at any time by any reasonable means, including replying STOP.
Email: By providing your email address and opting in, you consent to receive marketing and promotional emails from Country Club Mag regarding informational updates, market insights, and industry news, which may be sent using automated email systems or third-party email service providers on Country Club Mag’s behalf. You recognize and acknowledge that email is an inherently less secure method of communication and agree to receive emails regardless of the level of security associated with them.

You may unsubscribe from marketing emails at any time by clicking the “unsubscribe” link contained in any marketing email you receive from us, or by sending an email to the contact information below requesting to unsubscribe from marketing emails. Please allow up to ten (10) business days for Country Club Mag to process your unsubscribe request.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM. Country Club Mag offers a mobile messaging program (the “Messaging Program”), where, if you opt-in to the Messaging Program, you agree to these Terms and to receive marketing text messages from us and through our third party service provider. The Messaging Program is optional and not a condition of purchase. The Messaging Program allows Users to receive SMS/MMS mobile messages by voluntarily and affirmatively opting into the Messaging Program, such as through online or application-based enrollment forms. The messages we send to you include marketing messages, and may also include cart abandon messages, as well as messages allowing you to make purchases using previously-saved account information. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Messaging frequency may vary.

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Regardless of the opt-in method you utilized to join the Messaging Program, you agree that these Terms apply to your participation in the Messaging Program. By participating in the Messaging Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receiving contact via the Messaging Program is not required to make any purchase from Country Club Mag. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Country Club Mag’s mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving mobile messages. Under no circumstances will we be responsible for any messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.

Data obtained from you in connection with the Messaging Program may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

SMS/MMS MOBILE MESSAGING OPT-OUT: If you do not wish to continue participating in the Messaging Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Country Club Mag or send an email [email protected] to opt out of the Messaging Program. You may receive an additional mobile message confirming your decision to opt out.

Without limiting the scope of the Messaging Program, users that opt into the Messaging Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events. Message and data rates may apply. The Messaging Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. For support regarding the Messaging Program, text “HELP” to the number you received messages from or email us at the contact information below. Opt outs should be submitted in accordance with the procedures set forth above.

The Messaging Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Messaging Program. Country Club Mag and the carriers are not liable for delayed or undelivered mobile messages.

We endeavor to comply with all applicable telemarketing laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and any applicable state telemarketing statutes, regulations, and implementing rules, including state telemarketing and do-not-call laws. For purposes of compliance, you agree that we may assume that you are a resident of a certain state if, at the time of opt-in to the Messaging Program, (1) your shipping address, as provided, is located in that state or (2) the area code for the phone number used to opt-into the Messaging Program is an area code for that state. You agree that the requirements of a state’s telemarketing laws do not apply to you, and you shall not assert that you are resident of that state, if you do not meet either of the foregoing criteria or, in the alternative, do not affirmatively advise us in writing that you are a resident of the state by sending written notice to us. You further agree that mobile messages sent by us in direct response to mobile messages or requests from you (including but not limited to response to keywords, opt-in, help or stop requests, and shipping notifications) shall not constitute a “telephonic sales call,” “commercial telephone solicitation phone call,” “telephone solicitation,” or any similar or equivalent term as defined under the TCPA or any applicable state telemarketing statute, regulation, or implementing rule, or an otherwise unsolicited call or message that is subject to a telemarketing law, to the extent such laws are relevant and applicable.

MMS DISCLOSURE: The Messaging Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

5. Permitted Use and Prohibited Conduct. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
To impersonate or attempt to impersonate Country Club Mag, a Country Club Mag employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
To submit any information that is untruthful, inaccurate, or misleading; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Country Club Mag or users of the Site, or expose them to liability.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
Use or cause the use of the Site or its Content to train artificial intelligence, including large language models, through any means including data scraping;
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
Use any device, software, or routine that interferes with the proper working of the Site;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Site.

We reserve the right to determine whether or not your use of the Site is acceptable and to immediately revoke or block your access to the Site at our sole discretion.

6. Property Listings and Third-Party Content. The Site displays property-for-sale listings, descriptions, photographs, pricing, location information, and related details (“Listings”). Listings are provided for general informational purposes only. Unless expressly stated otherwise on the Site, Country Club Mag does not own, sell, broker, or offer for sale any property described in a Listing, is not a real estate broker, agent, or dealer, and does not act as a party to, or participant in, any transaction between a prospective buyer and a seller or listing party.

Listings and the information contained in them are supplied by or on behalf of sellers, agents, brokers, or other third parties. Country Club Mag does not independently verify, and does not guarantee, the accuracy, completeness, currency, availability, price, condition, legal status, or any other aspect of any Listing or any property described in it. Listings may be inaccurate, outdated, or unavailable, and a property may be under contract, sold, withdrawn, or mispriced. Certain measurements, square footage figures, acreage, dimensions, and descriptions are approximate and are provided only for your convenience, and the actual appearance of any photographs or images may depend on your computer system or device.

You are solely responsible for independently investigating and verifying any property or Listing that interests you, including by engaging your own licensed real estate, legal, financial, inspection, and other professionals, and by dealing directly with the applicable seller, agent, or broker. Country Club Mag is not responsible or liable for any dealings, communications, or transactions between you and any seller, agent, broker, or other third party, or for any loss or damage arising from your reliance on any Listing. Any transaction you enter into with respect to a property is solely between you and the applicable seller or listing party.

The inclusion of any Listing on the Site at a particular time does not imply or warrant that the Listing or the property will be available at any other time. Pricing or availability errors may occur on the Site. Country Club Mag reserves the right to add, change, or remove any Listing or other Content at any time without notice. We also reserve the right, but are not obligated, to limit or restrict access to Listings or other features of the Site to any person, geographic region, or jurisdiction, in our discretion.

7. No Professional, Real Estate, or Construction Advice. The blog content, articles, resources, and other informational materials made available through the Site are provided for general informational and educational purposes only and do not constitute, and should not be relied upon as, legal, financial, real estate, engineering, architectural, construction, tax, or other professional advice. The Site’s content is not designed to conform to the laws, regulations, ordinances, or building codes of any specific jurisdiction. Before making any decision relating to the purchase of property or the design or construction of any structure, you should consult appropriately qualified and licensed professionals in your jurisdiction, including your local building department, a licensed real estate professional, and, as applicable, an architect, engineer, or attorney. It is your responsibility alone to ascertain and comply with all applicable federal, state, and local laws, statutes, ordinances, building codes, rules, and regulations relevant to any property or project. Your reliance on any content made available through the Site is solely at your own risk. Estimates and calculators provided on the site are illustrative only and not to be relied upon.

8. Purchases. The Site offers for purchase (a) educational programs and guides containing information and guidance for planning and starting a home project, (collectively, “Programs”), and (b) architectural drawings, specifications, and associated documents providing designs and instructions for constructing a house or other structure (“Plans”). Programs are delivered as PDF files or, if you select that option, as printed materials, and may include a set of Standard Plans. Standard Plans are stock, pre-drawn designs that have not been prepared for any particular customer, lot, or jurisdiction and are not customized. The specific components of each Program, including the standard Plans included with a particular Program or bundle, are described in the applicable product description on the Site. Programs and Plans are referred to together in this Section as “Products,” and references in these Terms to Plans include the standard Plans included in a Program.

When you order or otherwise purchase Products from Country Club Mag, you agree, in accordance with these Terms, that:

if Country Club Mag owns the intellectual property rights in the Products, Country Club Mag licenses those rights directly to you in accordance with Section 10 “Intellectual Property Rights and Ownership” in these terms; and
if Country Club Mag has licensed the rights to use the Products from a third-party designer or author, Country Club Mag sublicenses those rights to you in accordance with Section 10 “Intellectual Property Rights and Ownership” in these terms.

Before you make a purchase, you acknowledge and agree that there is important information to consider prior to licensing or purchasing any Country Club Mag or Site-related products or services, including, without limitation, Programs and Plans. You represent that you have familiarized yourself with the process of licensing or purchasing the types of products and services available on the Site, including, without limitation, by consulting your local building department, builder, architect, engineer, or other construction professional associated with the Plans. You further acknowledge that the Programs are provided for general informational and educational purposes only, as described in Section 7 (No Professional, Real Estate, or Construction Advice), and that the Plans are not specifically designed to conform with the governing laws, statutes, regulations, rules, ordinances, or building codes of any specific jurisdiction. Modifications to the Plans and/or additional compliance requirements may be required by you, your agents, or your local officials so that the Plans meet the local codes and regulations as adopted in the location where and at the time you plan to build. It is your responsibility to ascertain and obey all applicable laws in regard to the use of any Products or other item purchased from the Site, including, without limitation, any building codes, permitting requirements, and professional review or engineering requirements in the location where you intend to build. By placing an order, you represent that the Products ordered will be used only in a lawful manner and in accordance with the license described in Section 10.

The inclusion of any Products or services on the Site at a particular time does not imply or warrant that these Products or services will be available at any other time. Country Club Mag cannot confirm the price or availability of a Product until after your order is placed. Pricing or availability errors may occur on the Site. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell or license a Product. Country Club Mag reserves the right to cancel any orders containing pricing, typographical, or availability errors, with no further obligations to you, even after your receipt of an order confirmation, download link, or shipping notice from Country Club Mag. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

All Content, including Program contents, Plan specifications, descriptions, renderings, products, and prices of products, on the Site is subject to change at any time without notice. Certain measurements, square footage figures, dimensions, and descriptions are approximate and are provided only for your convenience. Country Club Mag makes all reasonable efforts to accurately display the attributes of the Products offered through the Site, including renderings and images. The Products offered through the Site are prepared by different designers and draftspeople, and the details included in a particular set of Products may vary. The specific details of what is included with a Program or a set of Plans are described in the applicable product description on the Site. The actual appearance of any renderings or images you see, however, may depend on your computer system or device, and we cannot guarantee that your device will accurately display them.

We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region, or jurisdiction, and we may exercise this right on a case-by-case basis. We also reserve the right to refuse or cancel an order for any reason, including inaccuracies or errors in Product or pricing information, or problems identified by our fraud prevention review. We may further limit, including without prior notice, the quantity of items purchased per person, per household, or per order for any reason, and we will attempt to notify you should such limits be applied. We may also refuse service to any customer. Country Club Mag reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms, “reselling” means purchasing or intending to purchase any Products from Country Club Mag for the purpose of engaging in a commercial sale, license, or distribution of the same to a third party. Programs are licensed to you solely for your own personal, non-commercial use, and Plans are licensed to you solely for your own use in constructing a single house or structure, in each case under the License described in Section 10 (Intellectual Property Rights and Ownership), and Products may not be resold, redistributed, or republished. We also may require verification of information prior to the acceptance, delivery, or shipment of any order. Any standard Plans included in a Program are provided as-drawn.

From time to time, Country Club Mag may offer promotional codes, discounts, and offers (“Promotions”) which are limited in nature and may expire or be discontinued with or without notice. Promotions are void where prohibited by law. Promotions may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any Promotions. Other Promotions, including sweepstakes, contests, raffles, surveys, or games, may be governed by rules that are separate from or supplement these Terms. If you participate in any Promotions, please review the applicable rules. If the specific rules for a Promotion conflict with these Terms, the Promotion rules will govern.

We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations. Unless otherwise stated, all prices on the Site are displayed in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products ordered at the prices in effect at the time of your order, as well as all shipping and handling charges (if you select a printed and shipped option) and any applicable sales or similar taxes and currency conversion fees. For all sales of Products, you will be responsible for any and all applicable sales or similar taxes and shipping and handling costs, if specified.

If you wish to purchase or license Country Club Mag or Site-related products or services, including Products, you may be asked to supply certain information, including, but not limited to, personal contact details and credit card or other payment information, which will be treated in the manner described in our Privacy Policy. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us, and that all billing and other information you provide in connection with any license or purchase on the Site is current, complete, truthful, and accurate. You agree to pay all charges incurred by users of your account and payment mechanisms at the prices in effect at the time such charges are incurred, together with any applicable taxes relating to your purchases. You agree to promptly update your account and other information, including your email address (to which your digital Products will be delivered) and your payment information, so that we can complete your transactions, deliver your order, and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your order or account.

If your order is canceled by Country Club Mag after your credit card (or other payment account) has been charged, we will issue a refund to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We are not responsible for any fees or charges that your bank or card issuer may apply.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Refunds. ALL SALES ARE FINAL. Due to the digital nature of the Products, all Product purchases are 100% final. We do not offer refunds, exchanges, or cancellations after an order has been placed. Once you receive your PDF Program or Plans, they cannot be returned or refunded, as they are instantly accessible and downloadable upon purchase. This policy protects the intellectual property of Country Club Mag and of the authors and designers whose Products are offered through the Site. This policy applies equally to Products that are printed or shipped, and applies regardless of whether you ultimately proceed with construction. All Products sold on the Site are provided “as is.” Please review our policy carefully and double-check your selection before ordering. Before you buy, we encourage you to: (i) review the Product details carefully, including, for Plans, dimensions, layout, and included features; (ii) check with your builder and local building department to confirm that the Plan meets the building codes and regulations in the location where you intend to build; and (iii) ask questions. We are happy to help with any concerns before you buy. Our team is available Monday through Friday, 9 AM to 5 PM Central Time, to assist you with any pre-purchase questions, and you may email us at any time at [email protected]. If Country Club Mag cancels your order as described above, any refund will be issued for the amount you paid to the form of payment used for the purchase. Nothing in this Section limits any right or remedy that cannot be limited under applicable law.

Shipping. Country Club Mag strives to provide fast, hassle-free delivery of your Products so that you can start planning your new home as soon as possible. Unless you select a printed and shipped option, Products are delivered digitally. When you purchase a Program or a set of Plans, you will receive them as PDF files, a format that is widely compatible with most modern devices. After your order is placed, our system will send an email to the address you provided at checkout containing a download link for your Products; if you do not see the email, please check your spam or junk folder. It is your responsibility to provide an accurate email address and to ensure that you are able to receive email from us. If you would like your Products printed and shipped, you must select that option on the applicable product page, where available. Please allow a few business days for printing and handling before your printed Products are shipped. Printed Products are shipped from within the United States, and transit times vary by destination. Printed Products will be shipped to the address designated by you at checkout, provided that the shipping address complies with any shipping restrictions contained on the Site. A third-party carrier will ship any printed Products or other physical merchandise you purchase from the Site. All purchases of physical items from the Site are made pursuant to a shipment contract. As a result, risk of loss and title to the physical items (but not to the Programs or Plans or any intellectual property therein, which remain subject to the License) passes to you upon our delivery of the items to the carrier. While we will work diligently to ensure that printed Products are delivered in the indicated time, you agree that Country Club Mag will not be liable for any delays in shipping or delivery resulting from the action or inaction of any shipping or carrier service utilized by Country Club Mag. By using the Site, you acknowledge and agree that you are responsible for filing any claims with carriers for damaged or lost shipments. If you have any questions about your order or delivery, if you do not receive the download link for your digital Products, or if a printed order does not arrive or arrives damaged, please contact our support team at [email protected], and Country Club Mag will work with you to address the issue.

9. Subscription Services and Property Listing Services.

Real estate agents, brokers, and property owners (“Listers”) may purchase a fixed-term property listing or an ongoing marketing subscription (collectively, “Listing Services”) to promote a property for sale to the Site’s audience. Depending on the option selected at checkout, Listing Services may include incorporating the Lister’s photographs and listing description into a post published on the Site and on the Site’s “Country Club Homes for Sale” marketplace pages, and promotion of the Listing through Country Club Mag’s email and social media channels. The specific services, listing duration (for example, a thirty (30) day listing), and fees for each option are described on the applicable Site page and at checkout. Listing Services are advertising services only. Country Club Mag does not guarantee any number of views, inquiries, or offers, or the sale of any property, the sale price, or the time to sale, and, as stated in Section 2, Country Club Mag is not a real estate broker or agent and is not a party to any transaction between a Lister and a prospective buyer. By purchasing Listing Services, you agree to the following:

Fees. Listing a property requires payment of the fees displayed at checkout. Unless otherwise stated, fees are in United States Dollars and exclusive of applicable taxes.
Automatic Renewal Terms. If you purchase a Listing Service structured as a subscription, the following terms apply and are disclosed to you before you complete your purchase: (a) your subscription will continue and will automatically renew for successive renewal periods equal in length to the billing period you selected at checkout (for example, monthly or annually) until you cancel; (b) you authorize Saratoga Holdings LLC, acting through our designated third-party payment processor, to charge the subscription fee disclosed at checkout, plus any applicable taxes, to the payment method you provided at the beginning of each renewal period, without further action by you, until you cancel; (c) the amount and frequency of the recurring charge, the length of the initial term and each renewal term, and, if a promotional or introductory price applies, the duration of that price and the standard price that will be charged when it ends, will be presented to you clearly at checkout, and we will send an acknowledgment of these terms, including the automatic renewal terms and instructions for cancellation, to the email address you provide in a form you can retain; (d) we will send a reminder notice to the email address on file annually and before the subscription renews, within the timeframe required by applicable law, identifying the renewal date, the fee that will be charged, and how to cancel; (e) if we change the subscription fee or materially change the Listing Services, we will notify you by email at least thirty (30) days before the change takes effect, the change will apply beginning with the first renewal period after the notice period, and you may cancel before the change takes effect to avoid the new fee; (f) if a charge to your payment method is declined or fails, we may retry the charge and may suspend the Listing Services until payment is received, and you remain responsible for any unpaid fees; and (g) if we offer a free trial or other promotional period, the trial will convert to a paid subscription at the price disclosed at checkout unless you cancel before the trial ends.
Cancellation. You may cancel a subscription at any time through your account settings on the Site or by emailing us at [email protected]. If you purchased your subscription online, you may cancel it online. Cancellation will take effect at the end of the then-current billing period; you will retain the Listing Services through the end of the period for which you have paid, and you will not be charged for any subsequent period. We will send a confirmation of your cancellation to the email address on file. Cancellation of a subscription does not entitle you to a refund of fees already paid for the current billing period.
Refunds. Except as required by applicable law, all listing and subscription fees are non-refundable, and no refunds or credits are provided for partial billing periods, unused Listing Services, or Listings removed at your request before the end of a paid term (including because the property has sold).
Listing Term and Removal. Listings are displayed for the term purchased or, for subscriptions, for so long as the subscription remains active and paid. You agree to notify us promptly when a listed property is sold, withdrawn, or otherwise no longer available so that we may update or remove the Listing. Upon expiration or cancellation of a Listing Service, we may remove the Listing from the Site; the treatment of previously published Listing Content is governed by Section 11 (User Contributions).
Accuracy of Information. Listers are solely responsible for the accuracy, legality, and completeness of all property information, descriptions, pricing, and images provided, and for compliance with all laws applicable to the advertising and sale of real property, including real estate licensing, advertising, and fair housing laws. You represent and warrant that you have all necessary licenses, permissions, and authority to list the property and to grant us the rights to display such content.
Right of Refusal and Removal. We reserve the right, in our sole discretion, to reject, edit, or remove any property listing that we determine violates these Terms, is inaccurate, or is otherwise objectionable, without providing a refund.

10. Intellectual Property Rights and Ownership. The Site, all of its content, and any associated intellectual property, including without limitation all copyrights, patents, trademarks, service marks, and trade names, as well as all articles, blog posts, text, design, graphics, icons, images, photographs, video, audio clips, downloads, interfaces, code, house plans, floor plans, drawings, renderings, and software, as well as the selection and arrangement thereof (collectively, the “Content”), are proprietary and owned or controlled by Country Club Mag, our licensors, and certain other third parties. All right, title, and interest in and to the Content is the exclusive property of Country Club Mag, our licensors, or certain other third parties, and is protected by United States and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. Content supplied in connection with Listings may be owned by the applicable seller, agent, broker, or other third party and is used on the Site subject to those parties’ rights.

These Terms permit you to use the Site and Content for your personal, non-commercial use only, including browsing and reading the blog content and viewing the Listings and related resources offered through the Site. A limited, revocable, nontransferable license is granted to temporarily download one copy of the Content for transitory viewing only, for use in strict accordance with these Terms. This is not a transfer of title, right, or interest in the Site or Content. The license does not give you the right to, and you are strictly prohibited from, copying the Content, modifying the Content, using the Content for any commercial purpose, publicly displaying the Content, transferring the Content to another person or “mirroring” the Content on any other server, attempting to decompile or reverse engineer the Content, removing any copyright, trademark, or other proprietary notations from the Content, or otherwise infringing upon the intellectual property rights of Country Club Mag or its licensors. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Country Club Mag at its sole discretion at any time. Upon termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format. Except for the limited license expressly provided in these Terms, no license of intellectual property is granted by Country Club Mag in these Terms, and no assignment of intellectual property is granted by Country Club Mag in these Terms.

Country Club Mag owns and uses trademarks on or in relation to the Site, including but not limited to Country Club Mag and related designs and logos. You must not use such marks without Country Club Mag’s prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. Nothing contained in the Site should be construed as granting any license or right to use any trademark displayed on the Site without the express written permission of Country Club Mag or such third party that may own the trademark.

Purchased Product License. Subject to your compliance with these Terms and your payment in full of the applicable purchase price, upon your purchase of a Product through the Site, Country Club Mag, on its own behalf and, where Country Club Mag has licensed the Product from a third-party designer or author, as sublicensor on behalf of that designer or author, grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license (the “License”) to use the Product solely as set forth in this Section. The License is personal to you and is the only license granted to you in any Product.

Programs. You may download, store, view, and print the Program solely for your own personal, non-commercial use in learning about, planning, and starting your own home project. Programs are provided for general informational and educational purposes only, as described in Section 7 (No Professional, Real Estate, or Construction Advice).
Standard Plans. You may use any standard Plans purchased through the Site, or included with a Program, solely (i) as concept plans, to evaluate, visualize, and communicate a potential home design, and (ii) as a basis for further design work, meaning as a starting point or reference from which you, or a licensed architect, engineer, designer, or builder engaged by you, may develop plans for a single house or structure for your own use. Standard Plans are provided as-drawn. As described in Section 8 (Purchases) and Section 13 (Disclaimers), standard Plans are stock, pre-drawn designs that have not been prepared for any particular customer, lot, or jurisdiction; are not designed to conform to the laws, regulations, ordinances, or building codes of any specific jurisdiction; and do not bear an architectural or engineering stamp, seal, or signature. The License does not authorize you to construct any house or structure from a standard Plan as-drawn, and all further design work, review, modification, engineering, permitting, and code compliance based on a standard Plan is solely your responsibility and, as applicable, that of your builder. You acknowledge and agree that you will have any plans developed from a standard Plan reviewed by an appropriately licensed professional in the location where you intend to build before the start of any construction, and that your failure to do so will not render Country Club Mag liable to you in any manner. Any plans, drawings, or other materials developed from or based on a standard Plan remain subject to the restrictions in this Section to the extent they incorporate the standard Plan or any portion of it.
Permitted Reproduction and Disclosure. Solely to the extent reasonably necessary for the uses permitted in paragraphs (a) and (b) of this Section, you may make a reasonable number of copies of the Product for your own use and may disclose the standard Plans, on a “need to know” basis, to your own architects, engineers, designers, builders, contractors, consultants, lenders, and governmental agencies for the purpose of designing, permitting, and constructing a single house or structure for your own use. You are responsible for ensuring that any person to whom you disclose a Product complies with the restrictions in this Section, and any use of a Product by such a person that would be prohibited if undertaken by you constitutes a breach of these Terms by you.
Restrictions. Except as expressly permitted in this Section, you shall not, and shall not permit or assist any third party to: (i) copy, reproduce, scan, photograph, trace, or otherwise duplicate any Product, in whole or in part, in any medium; (ii) sell, resell, rent, lease, lend, give away, or otherwise distribute or redistribute any Product, or any copy or portion of any Product, to any third party; (iii) publish, post, upload, publicly display, or otherwise make any Product available on any website, social media platform, marketplace, file-sharing service, or other public or shared medium; (iv) assign, sublicense, or otherwise transfer the License or any Product; (v) use any Product for any commercial purpose, including to provide design, drafting, engineering, or construction services to others, to market, advertise, or sell homes or structures based on the Plans, or to design or build any house or structure for sale, resale, rental, or lease; (vi) create derivative works based on any Product, other than the further design work for your own single house or structure expressly permitted in paragraph (b); (vii) use any Plan, or any plans developed from a Plan, as the basis for designing or constructing more than one house or structure without the prior written consent of Country Club Mag, which consent may be conditioned on payment of a reuse fee and on supplemental terms and conditions, at Country Club Mag’s discretion; (viii) remove, alter, or obscure any copyright, trademark, or other proprietary notice or legend contained in or on any Product; (ix) use any Product to train artificial intelligence, including large language models, as further described in Section 5 (Permitted Use and Prohibited Conduct); or (x) use any Product in any manner that violates applicable federal, state, or local laws, ordinances, or building codes, or that is otherwise outside the scope of the License. Any reproduction, publication, distribution, or sale of a Product, or any use of a Product beyond the scope of the License, without the prior written consent of Country Club Mag constitutes a breach of these Terms and a violation of United States and international copyright laws.
Ownership and Reservation of Rights. The Products are Content. Your purchase of a Product does not transfer to you any ownership of, or any right, title, or interest in, the Product or any intellectual property rights in it, other than the License. All right, title, and interest in and to the Products, including all copyrights and other intellectual property rights, remain the exclusive property of Country Club Mag and, as applicable, the third-party designers and authors from whom Country Club Mag licenses the Products. You agree that no Product is a “work made for hire” for you within the meaning of the U.S. Copyright Act or any comparable law of any jurisdiction. Except for the License expressly granted in this Section, no license, right, or interest in any Product is granted to you, whether by implication, estoppel, or otherwise, and Country Club Mag and its licensors reserve all rights not expressly granted.
Term and Termination. The License becomes effective upon Country Club Mag’s receipt of payment in full and delivery of the Product to you and continues until terminated in accordance with this paragraph. The License shall automatically terminate, without notice, if you breach any restriction, requirement, or condition in this Section or otherwise violate these Terms, and Country Club Mag may terminate the License at any time upon written notice if it reasonably determines that you have breached these Terms. Upon termination of the License, you must immediately cease all use of the Product and destroy all copies of the Product in your possession or control, whether in electronic or printed format, and, upon request, certify such destruction in writing to Country Club Mag. Termination of the License does not entitle you to any refund and is without prejudice to any other right or remedy available to Country Club Mag or its licensors, including under Section 15 (Indemnification). The provisions of this Section that by their nature should survive termination shall survive, as provided in Section 18 (Additional Terms).

Copyright Policy. Country Club Mag respects the intellectual property rights of others and requires users of the Site to do the same. Country Club Mag complies with the copyright notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA“), which applies to content reported and removed for violating U.S. copyrights, including any Plans, renderings, images, or other Content displayed on the Site and any User Contributions, such as sketches, drawings, floor plans, photographs, or specifications that you or other users submit through the Site. Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability under 17 U.S.C. § 512(f). You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. We may share any notices and counter-notices submitted to us with others, including the affected user, our third-party designers and licensors, and your contact information, and by submitting any notice or counter-notice, you agree you have no expectation of privacy in your submission.

Owners of copyrighted material or their authorized agents may submit a DMCA notice to our Designated Copyright Agent if they believe that infringing activity has taken place on the Site. We will only consider valid reports of infringement, and you may submit a complete DMCA notice that includes the points described below only if the party sending the request is the copyright owner or an authorized agent acting on behalf of the copyright owner. If you are not sure whether Country Club Mag has control over the allegedly infringing content, please obtain legal representation before contacting us. To be effective under the DMCA, any notification of claimed infringement must be in a written communication that includes substantially the following, which must include a certification made under penalty of perjury:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Country Club Mag to determine the legitimacy of the signature and the identity of the signatory;
Identification of the copyrighted work claimed to have been infringed (for example, a house plan, drawing, rendering, or photograph), or, if a single notification covers multiple copyrighted works on the Site, a representative list of such works on the Site, including citation to the applicable copyright registrations where available;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Country Club Mag to locate the material, including the plan name or number if applicable, a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact, as well as a hyperlink or URL to the page or online content at issue;
Information reasonably sufficient to permit Country Club Mag to contact the complaining party, including an email address, telephone number, and, if available, physical mail 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; and
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.

Any such notifications of claimed infringement must be sent to the below contact with the subject line “DMCA NOTICE:”

Attn: Copyright Agent, Country Club Mag PO Box 14260

Chicago, IL 60614 512-222-7914 [email protected]

Please note that if any notification of claimed infringement does not substantially comply with the requirements of 17 U.S.C. § 512(c)(3) and the requirements set forth above, Country Club Mag has no responsibility to respond to or act on any such defective notification of claimed infringement.

Country Club Mag enforces its intellectual property, and in particular its rights under U.S. copyright laws in the Programs, Plans and other Content, and will, in appropriate circumstances and in its sole discretion, terminate or block the access of users who are determined to be repeat infringers. If you receive a notification of claimed infringement and believe that your User Contributions or other material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to us under the DMCA. It must include the following, which includes a certification made under penalty of perjury:

Your physical or electronic signature, as well as information sufficient for Country Club Mag to determine the legitimacy of the signature and the identity of the signatory;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of Illinois, if your address is located outside the United States, and that you will accept service of process from the complaining party that submitted the notice or the complaining party’s authorized agent.

Any such counter-notification must be sent to:

Attn: Copyright Agent, Country Club Mag PO Box 14260

Chicago, IL 60614 512-222-7914 [email protected]

11. User Contributions.

The Site allows you to submit, upload, or otherwise transmit to Country Club Mag content and materials, including sketches, drawings, floor plans, photographs, renderings, specifications, measurements, lot information, and property information or Listing submissions, as well as creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications (collectively, “User Contributions”). Other than personal information, which is subject to our Privacy Policy, and Listing Content (as defined below), any such User Contributions are and will be considered non-confidential and non-proprietary. All User Contributions must comply with these Terms, including Section 5 (Permitted Use and Prohibited Conduct). You submit and transmit your User Contributions at your own risk.

Except with respect to Listing Content, which is subject to the limited license set forth below, all User Contributions may be retained by us indefinitely, even after you stop using the Site. By providing any User Contributions other than Listing Content, you grant to Country Club Mag, our affiliates, and service providers and each of our and their respective licensees, successors, and assigns a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up, sublicensable license to use, reproduce, transmit, publish, develop, market, modify, adapt, display, distribute, sell, license, and otherwise disclose to third parties the User Contributions in any manner and in any media for the business purposes of Country Club Mag, including to create derivative works and to adapt, revise, and incorporate the User Contributions, in whole or in part, into content and resources that Country Club Mag offers through the Site, in each case without any compensation or notice to you. Notwithstanding the foregoing, as between you and Country Club Mag, Listers retain all right, title, and interest in and to the property information, descriptions, photographs, images, and other materials that they submit to Country Club Mag for inclusion in a Listing (“Listing Content”), and nothing in these Terms restricts a Lister from posting, publishing, or licensing its Listing Content elsewhere. Listing Content does not include original descriptions, text, renderings, photos, or plans generated independently by Country Club Mag for use in marketing or featuring a listed site. By providing any Listing Content, you grant to Country Club Mag a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use, reproduce, transmit, publish, and display the Listing Content, in whole or in part, on and through the Site and in blog posts, articles, emails, social media posts, and other marketing and promotional communications (including through service providers acting on our behalf), in each case solely for the purpose of publishing, displaying, featuring, and promoting the applicable Listing and marketing the Site and its listing and subscription services, and without any compensation to you. The foregoing license continues for so long as the applicable Listing remains active on the Site; provided, however, that Country Club Mag has no obligation to monitor, locate, or remove any Listing Content that was published or distributed in accordance with this license before the applicable Listing ceased to be active (including in blog posts, articles, social media posts, and emails previously sent), and may leave such previously published Listing Content in place unless and until the Lister requests its removal in writing, in which case Country Club Mag will remove such Listing Content from the Site and from any blog posts, articles, or other materials within its control within a reasonable period of time after receipt of the request. Nothing in this Section limits Country Club Mag’s right to reject, edit, or remove any Listing or Listing Content as set forth elsewhere in these Terms. Country Club Mag has no obligation to use any User Contributions and will have no liability related to any User Contributions.

You further represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the applicable license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. Your User Contributions do not and will not infringe, misappropriate, or violate the intellectual property or other rights of any third party. Country Club Mag does not alter substantive property facts provided by User and Users are responsible for the accuracy of any property facts provided in Listing Content.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Country Club Mag, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, including the accuracy of any property or Listing information you provide. We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Site.

The Site includes Testimonials provided by people who have had experiences with Country Club Mag. Testimonials on the Site reflect individual experiences and are not guarantees of results.

12. Linked Sites. The Site may provide links to third-party websites and publications (“Linked Sites”). Country Club Mag has not necessarily reviewed the information in the Linked Sites, does not maintain it, and cannot control the completeness, accuracy, or security of its content or the privacy practices of its providers. The content of any Linked Site is solely the responsibility of its provider, and the inclusion of any link does not imply endorsement by Country Club Mag. We encourage you to review the terms and privacy statements of any website you visit through a link from the Site. If you decide to access any Linked Site, you do so entirely at your own risk, and you agree that Country Club Mag shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any third-party content, products, or services available on or through any link provided by Country Club Mag.

Referral Services. Country Club Mag includes optional tools to refer users who request such a referral to one or more third-party service providers (“Providers”). Providers are independent third parties and are not agents, employees, partners, joint venturers, or representatives of Country Club Mag, and Country Club Mag does not have authority to act on behalf of, or to bind, any Provider. Country Club Mag does not vet, endorse, recommend, warrant, or guarantee any Provider, or the quality, availability, pricing, timeliness, or outcome of any Provider’s services, and any referral is provided solely as a convenience to you. Country Club Mag may receive compensation or another benefit in connection with a referral, where applicable. By requesting or accepting a referral, you expressly consent to being contacted directly by Providers, including by telephone, text message, or email, using the contact information you supply in connection with your referral request, and you acknowledge that any such communications are made by the applicable Providers and not by or on behalf of Country Club Mag. Any engagement, agreement, transaction, payment, claim, or dispute arising out of or relating to a Provider or its services is solely between you and the applicable Provider, and Country Club Mag is not a party to, and is not responsible or liable for, any such engagement, transaction, claim, or dispute. You are solely responsible for evaluating any Provider, including by independently verifying its licenses, credentials, insurance, and references, before engaging its services. Nothing in this paragraph limits the disclaimers in Section 13 (Disclaimers) or the limitations in Section 14 (Limitation of Liability).

13. Disclaimers. YOUR USE OF THE SITE IS AT YOUR RISK. THE SITE AND ALL SERVICES, INFORMATION, MATERIALS, AND PRODUCTS MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY PLANS AND PROGRAMS, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, ERROR-FREE, AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIALS ON THE SITE MAY CONTAIN TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS OR MAY BE OUT OF DATE, AND Country Club Mag MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. WITHOUT LIMITING THE FOREGOING, THE PLANS and programs ARE INTENDED TO INDICATE DESIGN AND BASIC CONSTRUCTION DETAILING ONLY. THE PLANS and programs ARE NOT DESIGNED TO CONFORM TO THE LAWS, REGULATIONS, ORDINANCES, OR BUILDING CODES OF ANY SPECIFIC JURISDICTION, DO NOT BEAR AN ARCHITECTURAL OR ENGINEERING STAMP, SEAL, OR SIGNATURE, AND MAY REQUIRE MODIFICATION, STRUCTURAL ANALYSIS, ENGINEERING, OR REVIEW BY A LICENSED PROFESSIONAL IN YOUR AREA BEFORE THEY MAY BE USED FOR CONSTRUCTION. IT IS YOUR RESPONSIBILITY ALONE, AND NOT THE RESPONSIBILITY OF Country Club Mag, TO ENSURE, PRIOR TO ANY USE OF THE PLANS BY YOU OR YOUR BUILDER, THAT THE PLANS ARE ACCURATE, SUITABLE FOR YOUR SPECIFIC PURPOSES AND LOT CONDITIONS, AND COMPLIANT WITH ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND BUILDING CODES, AND TO OBTAIN ALL REQUIRED PERMITS, INSPECTIONS, AND PROFESSIONAL REVIEW. Country Club Mag ASSUMES NO LIABILITY FOR ERRORS OR OMISSIONS IN THE PLANS AND IS NOT RESPONSIBLE FOR PLAN INTERPRETATION, CONSTRUCTION MEANS AND METHODS, OR THE STRUCTURAL INTEGRITY OF ANY HOUSE OR OTHER STRUCTURE BUILT FROM THE PLANS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, the Programs, AND THE PLANS, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE. THE FOREGOING EXCLUSIONS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

14. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Country Club Mag, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, DESIGNERS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE SITE, YOUR PURCHASE OR USE OF ANY PLANS, OR THE CONSTRUCTION OF ANY STRUCTURE BASED ON THE PLANS, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, CONSTRUCTION COSTS OR DELAYS, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE. OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE THE HIGHER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US FOR THE PLANS, PRODUCTS, OR SERVICES GIVING RISE TO THE CLAIM. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY A PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. Nothing in this Section limits any right or remedy that cannot be limited under applicable law, including the California Consumer Privacy Act.

15. Indemnification. Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Country Club Mag and its affiliates, licensors, and designers, and their respective officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Site or any Plans, including your use, misuse, reuse, modification, or misinterpretation of the Plans and the construction of any structure based on the Plans by you or your builder; (b) your violation of these Terms or of the license terms accompanying any Plans, including any misrepresentations made by you in connection with your use of the Site or any information submitted through it; (c) any content, specifications, drawings, or other materials you submit to Country Club Mag; or (d) your violation of any law or the rights of a third party. Country Club Mag reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

16. Dispute Resolution — Binding Arbitration and Class Action Waiver.

Informal resolution first: Before initiating arbitration or any other proceeding, you and Country Club Mag each agree to first attempt to resolve any dispute informally and in good faith. To begin this process, the party asserting a claim must send a written notice (“Notice”) to the other party describing: (i) the nature and basis of the claim or dispute; (ii) the specific relief sought; and (iii) contact information for the party providing the Notice. Notice to Country Club Mag must be sent to the contact information below. Notice to you will be sent to the most recent email address or physical address Country Club Mag has on file for you, including any address you provided in connection with a purchase of Products or Listing Services through the Site. Following receipt of the Notice, the parties agree to negotiate in good faith to resolve the dispute for a period of thirty (30) days (the “Cure Period”). This informal resolution process is nonbinding, and neither party is obligated to accept any resolution proposed during the Cure Period. If the dispute is not resolved to the mutual satisfaction of both parties within the Cure Period, either party may proceed to initiate binding arbitration as set forth below. Completion of this informal resolution process is a condition precedent to filing any arbitration demand or lawsuit, and either party may seek to have a court or arbitrator stay any such proceeding until this condition has been satisfied.
Arbitration: We will make reasonable efforts to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Site, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms, the Privacy Policy, the Site, or any Plans or other products or services purchased or licensed through the Site shall be resolved exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the Arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute (the “Minimum Standards”), we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section. Furthermore, this Section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction, including to protect the intellectual property rights in the Content or the Plans. You further agree that:

If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the Arbitration and may be brought in court, subject to your and Country Club Mag’s right to appeal the court’s decision. All other claims shall be arbitrated.

Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).
Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.
Location of Arbitration. The Arbitration shall be held (i) in Cook County, Illinois (if permitted by the Applicable Rules); (ii) at such other location as may be mutually agreed upon by you and us; or (iii) if the only claims in the Arbitration are asserted by you and are for less than $10,000 in aggregate, at a location of your election, by telephone or written submission.
Governing Law. The Arbitrator (i) shall apply the internal laws of the State of Illinois consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Illinois or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.
No Class Relief. The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

YOU AND WE AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL, EXCEPT AS PROVIDED IN SUBSECTION (m) (California Public Injunctive Relief) BELOW. ADDITIONALLY, UNLESS YOU AND WE AGREE OTHERWISE, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.

Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.
Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the Arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.
Reasonable Attorneys‘ Fees. Except where prohibited by applicable law or in conflict with the Minimum Standards, in the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration. In the event you recover an Award less than our last written settlement offer, or you are found not to be entitled to any Award, the Arbitrator shall also have the right to award Country Club Mag reimbursement, by you, of our reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration.
Small Claims Matters Are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.
Confidentiality of Arbitration. You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the facts of the Arbitration, any documents exchanged as part of the Arbitration, proceedings of the Arbitration, the Arbitrator’s decision, or the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.
California Public Injunctive Relief. Notwithstanding anything to the contrary in this Section, if and only to the extent that applicable California law governs a claim and, under such law, the claim or remedy cannot lawfully be waived or compelled to arbitration on an individual basis, nothing in these Terms shall be construed to waive your right to seek public injunctive relief within the meaning of McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017). Any such non-waivable request for public injunctive relief (and only that claim or that remedy request) may be severed from the Arbitration, consistent with the severability provisions of subsection (b) above, and brought in a court of competent jurisdiction as set forth in Section 17 (Governing Law and Venue).

All other claims, remedies, and requests for relief shall remain subject to Arbitration on an individual basis as set forth in this Section, and, to the fullest extent permitted by applicable law, any claim or remedy request proceeding in court under this subsection shall be stayed pending completion of the Arbitration of all arbitrable claims. This subsection applies only to the extent required by applicable California law and shall not be construed to expand any right to bring claims on a class, collective, or representative basis, or to seek public injunctive relief, beyond what applicable California law provides and does not permit to be waived.

17. Governing Law and Venue. These Terms are governed by Illinois law (excluding conflict of laws rules), and venue for non-arbitrable matters is in Cook County, Illinois. If it is determined that arbitration is not permitted, has been waived, or is otherwise unavailable, the sole and exclusive jurisdiction and venue for any action arising out of or related to these Terms, the Site, or any Plans purchased or licensed through the Site shall be an appropriate state or federal court located in Cook County, Illinois, and you hereby submit and irrevocably consent to the personal jurisdiction and venue of said courts. You agree that such courts are a convenient forum and that you will not seek to transfer an action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. You further agree that the laws of the United States and the State of Illinois, without regard to conflict of laws principles, shall govern these Terms and all matters relating to the Site. This paragraph shall not be read to conflict with the mandatory arbitration provision in Section 16.

18. Additional Terms. The failure of Country Club Mag to enforce any term or condition of these Terms shall not be deemed a waiver of such term or condition or of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect. All provisions which by their nature should survive termination shall survive, including provisions regarding intellectual property ownership, the license granted in the Plans, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

These Terms (including the Privacy Policy, to the extent incorporated) constitute the sole and entire agreement between you and Country Club Mag regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties regarding the Site. Nothing in these Terms modifies or supersedes the license terms and conditions accompanying your purchase of any Plans or any other written agreement between you and Country Club Mag, each of which controls in the event of conflict. We may assign these Terms, in whole or in part, at any time without notice to you; you may not assign or transfer these Terms without our prior written consent.

You agree that, regardless of any statute or law establishing a different limitations period, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to, or connected with the use of the Site, any Plans, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you with information regarding the Site, your orders, and these Terms in electronic form only, and you agree that such notices satisfy any legal requirement that communications be in writing.

19. Contact. Please direct any questions about the Site, the Plans, or these Terms to: [email protected].

Although Country Club Mag will in most circumstances be able to receive your communications, Country Club Mag does not guarantee that it will receive them timely and accurately and shall not be legally obligated to read, act on, or respond to any such email except for privacy rights requests, Notices stated in these Terms, or communications we are legally required to receive or respond to.

Email is not a secure medium; please do not send Social Security numbers, payment card numbers, or bank account information by email. We handle personal information you send us in accordance with our Privacy Policy. Unsolicited ideas or materials you send us (other than personal information), including any sketches, drawings, specifications, or other materials you submit, are not treated as confidential.

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