1.1 If you choose to use the Fairways360 Website service (the “Service” or the “Website”), you will be agreeing to abide by all of the terms and conditions of this Agreement between you and Fairways360, Inc.
1.2 Fairways360, Inc. may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.
1.3 YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 Fairways360, Inc. may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. Fairways360, Inc. may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Usage of the Service
2.1 The contents of the Service are intended for your personal, noncommercial use. All materials published on Fairways360.com (also known as the “Content”) are protected by copyright, trademarks, trade secrets, patents or other proprietary rights and protected in all forms, media and technologies now or hereinafter developed. The Content is owned or controlled by and shall remain the property of Fairways360, Inc. or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Service.
2.2 The Service and its Contents are protected by copyright pursuant to US and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display or in any way exploit any of the Content or the Service (including software) in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Fairways360, Inc., or the copyright holder identified in the copyright notice contained in the Content.
2.4 You, not Fairways360, Inc. or the party credited as the provider of the content, are liable for any damage resulting from any infringement of copyrights, proprietary rights or any other harm arising from your failure to abide by the provisions of this Section 2.
Sponsors, Advertisers, and Third Parties
3.1 Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, products, services, golf instructors, or advertisers found on or through the service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that Fairways360, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service.
Access and Availability of Service and Links
4.1 Fairways360.com may contain links to other related World Wide Web Internet sites, resources and sponsors of Fairways360, Inc. Our decision to link to another Website is not an endorsement of the content in that linked Website. We are not responsible for the availability of the outside resources or content of any other Website, nor do we make any warranties or representations regarding the content, accuracy of material, services, or products purchased on or through such Websites. If you decide to access linked Websites, you do so at your own risk. You should direct any concerns to the administrator or webmaster of that Website.
Limitation of Liability and Disclaimer of Warranty
5.1 NEITHER FAIRWAYS360, INC. NOR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVERTISERS, SUPPLIERS OR THIRD PARTY CONTRIBUTORS (COLLECTIVELY THE “COMPANY PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS OF ANY OF THE CONTENT, INFORMATION OR SERVICES, NOR ITS FITNESS FOR ANY PURPOSE. NONE OF THE COMPANY PARTIES WILL BE LIABLE FOR ANY LOSS, DAMAGE, INJURY OR WRONGFUL DEATH CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE.
GOLF IS AN ATHLETIC ACTIVITY AND HAS INHERENT RISKS AND SAFETY HAZARDS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, SAFETY OR USEFULNESS OF ANY INFORMATION, INSTRUCTION, OPINION OR ADVICE CONTAINED IN THE CONTENT OF THIS SERVICE AS RELATES TO YOUR PARTICIPATION IN THE SPORT.
THE SERVICE IS BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF THE COMPANY PARTIES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. NONE OF THE COMPANY PARTIES MAKE ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. ALL OF THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ADVICE, INSTRUCTION, PROFILE, REVIEW OR INFORMATION GIVEN BY ANY OF THE COMPANY PARTIES SHALL CREATE A WARRANTY, NOR SHALL YOU RELY ON SUCH ADVICE, INSTRUCTION, PROFILE, REVIEW OR INFORMATION. IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE CONTENT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Website and Software Licenses
6.1 You shall have no rights to the website, content, graphics, code or proprietary software and related documentation, or any enhancements or modifications thereto, used in presenting the fairways360.com website. You may not sublicense, assign or transfer any licenses, if any, granted by Fairways360, Inc. and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer or create derivative works from Fairways360.com, its code or programming.
7.1 This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of California, County of Los Angeles. If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force. This Agreement and any other terms and conditions of service on http://www.fairways360.com constitute the entire agreement between you and Fairways360, Inc. and govern your use of the Service.
7.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in the privacy statement of Fairways360, Inc. which can be read here.
7.3 Official correspondence must be sent via postal mail to: Fairways360, Inc. 18385 Babcock Rd Suite 345, San Antonio, Texas 78255