TERMS OF USE

Last Updated: January 1, 2026

The following Terms of Use (“Terms”) govern your use of this website (www.towncountry.com) and other online services we offer (collectively, the “Services”). References to “we,” “our,” “us” or “Town and Country” herein refer to Town and Country Resort, and its brands, affiliates, and service providers. These Terms do not govern your use of any websites that do not link to these Terms.

The Town and Country Services are offered to you conditioned on your acceptance without modification of the Terms. By accessing or otherwise using our Services, you acknowledge and agree to our data practices described in our Privacy Notice and to be bound by these Terms. If you do not agree to these Terms or if you do not agree with our Privacy Notice, please do not use our Services. Your use of the Services constitutes your agreement to these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION LAWSUIT, AS SET OUT IN SECTION 9.

THE SERVICES ARE INTENDED ONLY FOR INDIVIDUALS RESIDING IN THE UNITED STATES. ALTHOUGH THE SERVICES MAY BE ACCESSED FROM AROUND THE WORLD, THE SERVICES HAVE BEEN DESIGNED TO COMPLY WITH THE LAWS OF THE UNITED STATES. IF ANY MATERIAL ON THE SERVICES, OR YOUR USE OF THE SERVICES, IS CONTRARY TO THE LAWS OF THE COUNTRY WHERE YOU ARE WHEN YOU ACCESS IT, THE SERVICES ARE NOT INTENDED FOR YOU, AND YOU SHOULD NOT ACCESS OR USE THE SERVICES. YOU ARE RESPONSIBLE FOR INFORMING YOURSELF OF THE LAWS OF YOUR JURISDICTION AND COMPLYING WITH THEM.

If you are entering into these Terms on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the term “you” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Services.

Modification of These Terms of Use
Town and Country reserves the right to change these Terms at any time, without prior notice to you. If we change these Terms, we will post the modified Terms on this page and change the Last Updated date. Please check these Terms each time you use these Services. These changes will take effect immediately upon posting. By continuing to use our Services following such changes, you will be deemed to have agreed to such changes. If you do not agree to the changes in our Terms, it is your responsibility to stop using our Services.

Content
The Services may contain materials and other items relating to Town and Country and the Services, including data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Services (collectively “Content”). All rights, title, and interest in and to the Services and the Content is the property of Town and Country Resort, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

Town and Country’s Proprietary Rights, Limited Licenses, Trademarks and Trade Secrets
The logos, service marks, trademarks, trade names, trade dress, and trade identities on the Services are the copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by Town and Country (our licensors, subsidiaries, or affiliates) (“Town and Country Resort Marks”). Town and Country grants you a personal, non-transferable, non-commercial and non-exclusive right and license to use the Town and Country Resort Marks, the Services, and the Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Town and Country Resort Marks, Services, or any Content; and (ii) may be immediately suspended or terminated for any reason, in Town and Country’s sole discretion, and without advance notice or liability. Town and Country reserves all patent, copyright, trade secret, trade name, trademark, service mark, license and other proprietary rights related to the website, its software and Services and you shall not infringe upon or violate such rights.

No Unlawful or Prohibited Use
You will not:
1. Use the Services in a manner that is unlawful or prohibited by these Terms.
2. Damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services.
3. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
4. Modify, translate, decompile, reverse engineer, recreate, disassemble, or otherwise attempt to determine the makeup or source code of the Services or make any unauthorized changes to or copies of the Services.
5. Circumvent, disable, remove, avoid, bypass, deactivate, impair or otherwise interfere with any (i) security-related features of the Services; or (ii) features that prevent, restrict, or limit use or copying of any Content posted on the Services.
6. Use a web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or Content available through the Services.
7. Upload, post, email, or otherwise transmit any material that contains trojan horses, worms, malicious software, viruses, or any other computer code, files, or programs of a destructive nature or designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
8. Access or use the Services through an interface other than one we provide to you, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between us and any third-party or potentially deprive us of revenue (including revenue from advertising, branding, or promotional activities).
9. Falsify or delete any author attributions, legal, or other notices or proprietary designations or labels (such as copyright, trademark, and other proprietary rights notices) contained in or on the Services.
10. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
11. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
12. Harvest or otherwise collect information about others, including email addresses, without their consent.

Account Creation
Certain features and functionality of the Services may require the creation of an account by entering your name, email address, and address. If you create an account, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your account. You are solely responsible for the accuracy of your registration information and for updating and maintaining it. If you suspect any unauthorized use of your account, please contact us as described in Section 14. You will not sell, transfer, or assign your account or any account rights.

Submissions to Town and Country
Town and Country may provide you the opportunity to post, upload, input or submit certain materials to Town and Country (collectively “Submissions”). No compensation will be paid with respect to the use of your Submission. Town and Country is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you (i) warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions; and (ii) grant Town and Country a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

Reservations
While using the Services, you may make reservations to book a room at our property, to participate in activities on our property, or to dine at one of our restaurants (collectively, “Reservations”). All descriptions of the Reservations are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Reservations at any time. Any offer for any Reservations is void where prohibited. You agree that your Reservation is an offer to buy, under these Terms. By confirming your purchase during the checkout process, you agree to pay for your Reservation. All Reservations must be accepted by Town and Country in order to become a binding obligation.

You agree to provide current, complete, and accurate purchase and account information for all Reservations. You shall make only legitimate Reservations in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent Reservations, or any Reservations in anticipation of demand. We reserve the right to cancel or modify Reservations in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. To contest the cancellation of a booking or freezing or closure of an account, please contact us.

Town and Country accepts credit and debit cards and you represent and warrant that (i) the credit card or debit card information you provide to Town and Country and/or our Payment Processor (as defined below) is true, correct, and complete; (ii) that you are the person in whose name the credit card or debit card was issued and/or you are authorized to make a purchase with the relevant credit card or debit card; (iii) charges incurred by you will be honored by your credit/debit card company or bank; and (iv) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.

You will promptly notify Town and Country if your payment information has changed, if your payment method has been canceled, or if you become aware of a breach of security. If your payment card details change or are due to expire, we may request updated payment details from you, including your card number, expiration date, and CVV (or equivalent).

All credit card, debit card, and other monetary transactions on the Services occur through an online payment processing application that is provided by our third-party payment processor (“Payment Processor”). Your use of the payment application may be subject to additional Payment Processor terms, which will be presented to you at the time of checkout. If our Payment Processor is unable to secure funds from your payment method for fees that are due for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided when submitting electronic payment, Town and Country may undertake further collection action, including application of fees to the extent permitted by law, and reserves the right to suspend or terminate your access to the Services.

You agree to waive all claims against Company and its third-party affiliates, including our third-party Payment Processor, related to any unauthorized payments made on or through the use of account outside of Company’s control, regardless of whether such payments are authorized or unauthorized.

Restrictions
If you access, register an account, make a Reservation, or otherwise use the Services, you represent you are at least the age of majority in your jurisdiction. If you are under the age of majority, you represent that if you access the Services or make a Reservation, you will do so under the supervision of a legal guardian who agrees to be bound to these Terms on your behalf.

Disclaimer of Warranties
TOWN AND COUNTRY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES (COLLECTIVELY, THE “TOWN AND COUNTRY PARTIES”) MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SERVICES FOR ANY PARTICULAR PURPOSE. TOWN AND COUNTRY ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR HARM THAT OCCURS RESULTING FROM YOUR USE OF THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES CONTAINED IN THIS SECTION, THE EXCLUSIONS IN THIS SECTION WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE SERVICES ARE PROVIDED BY TOWN AND COUNTRY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, RELIABILITY, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THIS ALSO INCLUDES ANY WARRANTIES THAT MAY ARISE FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

TOWN AND COUNTRY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF THE SERVICES. TOWN AND COUNTRY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED OR INFORMATION ARE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TOWN AND COUNTRY AND/OR THE TOWN AND COUNTRY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS, OR LIABILITIES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SERVICES.

BY USING OR ACCESSING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES ARE TO STOP USING THE SERVICES.

IF THE FOREGOING LIMITATIONS ARE DISALLOWED, IN ANY EVENT, THE TOTAL LIABILITY FOR TOWN AND COUNTRY SHALL BE $100.00 USD.

Indemnity
As permitted by applicable law, you agree to, and you hereby, defend (if requested by Town and Country), indemnify, and hold Town and Country and/or the Town and Country Parties harmless from and against any and all claims, demands, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against Town and Country and/or the Town and Country Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or regulatory authorities in connection with your use of the Services; (iv) any misrepresentation made by you; and (v) Town and Country use of the information that you submit to us. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Dispute Resolution; Waiver of Right to Class Actions
Important: THIS SECTION IMPACTS CERTAIN LEGAL RIGHTS AND INCLUDES A WAIVER OF THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AND LIMITS YOUR ABILITY TO OBTAIN CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.

Good Faith Informal Resolution. In the unlikely event that a disagreement arises between you and Town and Country regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Services (a “Dispute”), prior to initiating any legal action, you agree to provide a written Notice (“Notice of Dispute”), which shall contain: (i) a written description of the problem and relevant documents and supporting information; and (ii) a statement of the specific relief sought. A Notice of Dispute can be emailed at forgetme@towncountry.com.

You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any Town and Country Party or third-party if Town and Country could be liable, directly or indirectly, for such Dispute.

From the initial receipt of the Notice of Dispute, you and we agree to engage in good faith efforts to resolve the Dispute. During this time period, you and we agree to toll any statutes of limitations that may apply, along with any filing deadlines. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Town and Country may commence a lawsuit.

Class or Collective Action Waiver. You agree that you will not sue Town and Country or Town and Country Parties as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class or collective action lawsuit against Town and Country or Town and Country Parties. Nothing in this section, however, limits your rights to bring a lawsuit as an individual plaintiff.

Waiver of Jury Trial. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTE, INCLUDING BUT NOT LIMITED TO DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES.

Time Bar. ANY CLAIM OR ACTION AGAINST TOWN AND COUNTRY OR TOWN AND COUNTRY PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED – OR WITHIN THE STATUTE OF LIMITATIONS FOR SUCH CLAIM – WHICHEVER IS SHORTER. ANY CLAIM THAT IS NOT FILED WITHIN THAT TIME WILL BE FOREVER BARRED.

Miscellaneous
1. Availability; Termination / Access Restriction
  The Services may be unavailable from time to time for any reason including, for example, routine maintenance. You understand and acknowledge that, due to circumstances both within and outside of the control of Town and Country, access to the Services may be interrupted or suspended from time to time. Town and Country shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, Content, availability, and equipment needed for access or use.
  Town and Country reserves the right, in its sole discretion, to terminate your access to the Town and Country Services or any portion thereof at any time, without notice. Upon suspension or termination of your access to the Services, or upon notice from Town and Country, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Services.
2. Governing Law
  To the maximum extent permitted by law, these Terms is governed by the laws of the State of California, United States. and you hereby consent to the exclusive jurisdiction and venue of courts in San Diego, California in all disputes arising out of or relating to the use of the Town and Country Services. Use of the Town and Country Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Town and Country as a result of this agreement or use of the Town and Country Services. Town and Country’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of the Town and Country's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Town and Country Services or information provided to or gathered by Town and Country with respect to such use.
3. No Waiver
  No delay or failure by us to enforce any provision in these Terms shall constitute a waiver of any of our rights. Neither the receipt of any funds by Town and Country nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Town and Country shall have any legal effect.
4. Additional Terms
  Other products or services we provide may be subject to additional or different terms and policies, including but not limited to those applicable to deposits, cancellations, resort fees, parking, and filming. To the extent there exists any conflict between these Terms and any other agreement between you and Town and Country, these Terms shall control as to the Services.
5. Severability
  If any part of this Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed severable from these Terms and the remainder of the agreement shall continue in effect.
6. Entire Agreement
  Unless otherwise specified herein, this Terms constitutes the entire agreement between the user and Town and Country with respect to the Town and Country Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Town and Country.
7. Assignment
  Town and Country may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Town and Country.
Contact Us
If you have any questions, please feel free to contact us at: forgetme@towncountry.com.