TERMS OF SERVICE
Last Updated: January 8, 2024
Welcome to Fareway Golf! These Terms of Service (the “Terms) constitute an Agreement between Fareway Golf LLC (the “Company”, “We” , “Us”, or “Our”) and You, an individual user or entity (“You”, “Your”, or “Users”). These Terms apply to and govern Your use of all services offered by the Company including, but not limited to, www.fareway.golf and all corresponding subdomains, web pages, and websites associated with www.fareway.golf (the “Site”), mobile application (the “App”), and any other products, services, applications, systems, features, functionality, and content offered by the Company (collectively the “Services”). Please read these Terms carefully. By clicking the “I Accept” button or by accessing or using the Services in any manner, You understand and agree that (i) You have read, understand, and agree to be bound by these Terms and such other terms, conditions, policies, and documents that may be incorporated herein by reference, including, without limitation, the Company’s Privacy Policy; (ii) You are of legal age to form a binding contract with the Company; and (iii) if You are accepting these Terms on behalf of a company or other organization, represent and warrant that You have the organizational and legal authority to accept these Terms on such company’s or organization’s behalf and to bind such company or organization to these Terms. If You do not agree to these Terms, You may not access the Company’s Services in any manner.
1. Changes to the Terms of Service
We may modify the Terms at any time, for any reason, in Our sole discretion. Should there be material changes to the Terms, We will provide notice to the Users. It is the User’s responsibility to ensure their contact information is accurate and up to date. At the beginning of each set of terms, the effective date shall be posted. Your continued access to and use of the Services confirms Your acceptance of these Terms and any changes or modifications made thereto. In certain circumstances, We may require You to provide additional consent before any further use of the Site, App or Services is permitted. We recommend that You check back frequently and review this Agreement regularly, so You are aware of the most current rights and obligations that apply to You.
2. Eligibility of the User
2.1. You may use the Services only if You are thirteen (13) years of age or older, or You are the parent or legal guardian of a minor 13 years of age or older and can form a binding contract with Us. The Services are intended for Users who are at least 13 years of age. All Users who are under the age of consent in the jurisdiction in which they reside (generally under the ages of 16 or 18) must have the permission of, and be directly supervised by, their parent or guardian to use the app. If You are a minor under the age of consent in Your jurisdiction, You must have Your parent or guardian read and agree to these Terms prior to supervising Your use of the Services.
2.2. You must be in a compliance with the Terms and all applicable local, state, national, and international laws, rules, and regulations.
2.3. Users shall make timely and satisfactory payments for any of the Services purchased by the User and provide information that is accurate, true, and complete. If You provide information that is untrue, inaccurate, incomplete, or We suspect that information You provided is untrue, inaccurate, or incomplete; or if You do not make timely and satisfactory payments for any of the Services purchased, We, at Our sole discretion, may suspend or terminate, in whole or in part, Your current access to and use of the Services, and refuse any and all future use of the Services.
2.4. Unauthorized Users are strictly prohibited from accessing or attempting to access the Services, directly or indirectly.
2.5. The Company may, in its sole discretion, refuse to offer access to or use of the Services to any User, person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
3. User Accounts and Registration
In order to access and use the Services, We may require that You establish an account (a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration form, and You are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through Your User Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords, and other credentials associated with Your User Account, and shall immediately notify the Company of any actual or suspected unauthorized access to or use of Your User Account. It is Your responsibility to (a) control the dissemination and use of Your User credentials, User Account, and device; (b) update, maintain, and control access to Your User credentials, User Account, and device; and (c) cancel Your User Account. We reserve the right to deny access, use, and registration privileges to anyone if We believe there is a question about the identity of the person trying to access any account or element of the Services. The Company is not and shall not be responsible for any loss or damage arising from Your failure to comply with this Section 3.
4. Access to the Services
4.1. Subject to Your compliance with these Terms, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services solely for Your personal, non-commercial use. This includes, but is not limited to, downloading, installing, and using the App on a device owned or otherwise controlled by You.
4.2. The Company may suspend or terminate Your access to the Services or any component thereof at any time and for any reason, including if We determine You have violated any term or condition of these Terms. We may modify, terminate, or replace the App, the Site, and/or the Services from time to time in Our sole discretion and without prior notice to You.
4.3. When You access the Services through the App, You may incur a fee for data usage or other costs from Your wireless provider. You agree that You are solely responsible for Your use of the Services on Your mobile device and adherence to Your wireless provider’s terms and conditions.
5. Third-Party Platforms, Products, and Services
5.1. Some of the Services provided may be dependent on and/or interoperate with third-party owned and/or operated platforms and services (e.g. Facebook, X, Google, Apple, etc.) (each, a “Third-Party Platform”) and may require that You be a registered member of such Third-Party Platforms and provide certain account credentials and other information to access such Services. Such Third-Party Platforms, in addition to providing application hosting, content distribution, support, and other related services, may provide Us with certain additional information about You. No Third-Party Platform through which You purchase the Services shall furnish any maintenance or support with respect to the Services, nor shall they address any third-party claims related to Your use of the Services.
5.2. The Company does not control any services provided by such Third-Party Platforms.
5.3. The Services may include advertisements, which may be targeted to content or information on the Service, or other information. The types and extent of advertising by the Company on the Services are subject to change. In consideration for the Company granting You access to and use of the Services, You agree that the Company and its third-party providers and partners may place such advertising in connection with the display of content or information submitted by You or others. Placement of such advertisements does not imply any endorsement of the activities or content of said advertisements and associated sites. Placement of advertisements may contain links to Third-Party Platforms and their associated sites. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.
5.4. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD-PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.
6. Apple and Android Devices
The following terms apply when You access and/or download the App through either the Apple Store or Google Play (each an “App Distributor”):
6.1. These Terms are an agreement between You and Us, not with the App Distributor.
6.2. The license granted to You for the App is limited to a non-transferable license to use the App on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
6.3. We are responsible for providing any maintenance and support services, and addressing any third-party claims with respect to the App as specified in these Terms or as otherwise required under applicable law, and You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
6.4. In the event of any failure of the App to conform to any applicable warranty, You may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
6.5. You represent and warrant that (i) You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) You are not listed on any U.S. government list of prohibited or restricted parties;
6.6. You must comply with applicable third-party terms of agreement when using the App, e.g., if You have a VoIP application, then You must not be in violation of their wireless data service agreement when using the App; and
6.7. You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as a third-party beneficiary thereof.
7. Privacy Policy and Data Usage
7.1. We respect Your privacy and the use and protection of Your personally identifiable information. In the course of Your use of the Services, You may be required to provide certain personal or personalized information to Us (“Personal Information”). Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy. By using the Services, Users hereby agree to the Company’s Privacy Policy which can be found on the Company’s website (https://www.fareway.golf/privacy). We encourage You to read the Privacy Policy, and to use it to help make informed decisions. You acknowledge and agree that You are solely responsible for the accuracy and content of Personal Information.
7.2. Without limiting any of the Company’s other rights hereunder, We shall have the right to collect, examine, extract, model, manipulate, aggregate, collate, analyze, create analysis using, reproduce and otherwise use, on a de-identified basis, any information, including, without limitation, usage information, that the Company learns, acquires or obtains in connection with these Terms, within the scope of its regular business operations, including, without limitation, (i) developing, operating, and ensuring the integrity of data sets, algorithms or other analytical tools, (ii) testing, implementing, benchmarking, integrating, developing, optimizing or improving Our software and other products and services, and (iii) marketing, distributing, or otherwise making Our products and services available to customers.
8. User Conduct, Restrictions, and Investigations
User hereby agrees and confirms, while using the Services:
8.1. That You will use the Services provided by the Company, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform.
8.2. That You will provide authentic and true information in all instances where such information is requested of You. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation Your details are found not to be true (wholly or partly), We have the right in Our sole discretion to reject the registration and debar You from using the Services of Our Platform and/or other affiliated apps, websites, services, and digital offerings without prior intimation whatsoever.
8.3. That You are accessing the Services available on this App and transacting at Your sole risk and are using Your best and prudent judgment before entering into any dealings through the Services.
8.4. It is possible that the other Users (including unauthorized/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Services, You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
8.5. You agree to not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information or description/image/text/graphic of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law.
8.6. You agree to not post or transmit any information, software, or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
8.7. You agree to not alter, damage or delete any Content or other communications that are not Your own Content or to otherwise interfere with the ability of others to access Our Platform.
8.8. You agree to not commit any of the following actions: upload content or any information that could damage, disable, overburden, or impair any of the Company’s servers or networks; attempt to gain any unauthorized access to other Users’ accounts, the Company’s computer networks, systems or infrastructure, by any means; attempt to gain access to other Users’ accounts, for any reason; use data mining, robots, or other data gathering devices on or through the Services; frame or link to the Services without express permission; attempt in any way to reverse engineer, decompile, interrupt, or disassemble, any part of Services or its security features; modify, distribute, reproduce, copy, adapt, or create any derivative work in any way, of the Services; in any way restrict other Users or persons from gaining access or creating accounts; use any technology or tool that automatically retrieves, alters, or combines the Company’s content or Services; reverse engineer any content, Services, website, or application of the Company and its Users; breach Company rights regarding intellectual property rights, or otherwise; or use the Services or content to transmit any computer viruses, Trojan horses, worms, or otherwise, that could potentially cause any damage to the software or hardware of Users or the Company.
8.9. You must not alter, delete, or conceal any copyright, trademark, service mark or other notices contained on the Site, App, or the Services, including, without limitation, notices on any Content You transmit, download, display, print, stream, or reproduce from the Services. Except as expressly authorized by the Company You shall not, nor shall You allow any third-party (whether or not for Your benefit or otherwise) to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third-party website or platform), or otherwise use, the App or any Content without the express, prior written consent of the Company. Moreover, the framing or scraping of or in¬line linking to the Site, Services, or any Content contained thereon and/or the use of web crawlers, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Services other than as expressly authorized by Us in writing in advance is prohibited. You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) used in connection with the Services.
8.10. We may investigate and take legal action against anyone who, in Our sole discretion, violates, or is suspected of violating, these Terms, including, without limitation, reporting to law enforcement authorities. You acknowledge, consent, and agree that We may access, preserve and disclose Your account and registration information and any other content or information if required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce these Terms; (iii) respond to claims that any content or information violates the rights of any third party; (iv) respond to Your requests for customer or technical service; or (v) protect the rights, property or personal safety of the Company, its Users or any third parties. We also reserve the right to remove the Services from Third-Party Platforms, which would limit Your ability to re-download the Services.
9. Intellectual Property Rights and User Content
9.1. We and Our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You in these Terms. All intellectual property connected to the Services are owned by the Company and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property rights. These rights shall apply to property now existing or that which is created in the future by Company.
9.2. We may permit You to contribute to, or participate in, blogs, message boards, online forums, messaging, and other functionality, and may provide You with the opportunity to upload, input, publish, distribute, transmit, display, or post content and materials to or in connection with the Services (including, without limitation, on or through the App or the Site). You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information, data, materials, trademarks, tradenames, images, logos, text, writings, video, audio, graphics, comments, messages, suggestions, personal information and other content (including, without limitation, scores and handicap information) that You upload, input, publish, distribute, transmit, display, or post to or in connection with the Services (“User Content”). As such, any User Content You transmit may be treated as non-confidential and non-proprietary. When You create or make available any User Content, You thereby represent and warrant that:
9.2.1. You are the creator and owner of Your User Content and Your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
9.2.2. Your User Content is not false, inaccurate, or misleading.
9.2.3. Your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
9.2.4. Your User Content is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us).
9.2.5. Your User Content does not ridicule, mock, disparage, intimidate, or abuse anyone.
9.2.6. Your User Content does not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9.2.7. Your User Content does not violate any applicable law, regulation, or rule.
9.2.8. Your User Content does not violate the privacy or publicity rights of any third party.
9.2.9. Your User Content does not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
9.2.10. Your User Content does not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
9.2.11. Your User Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical disability.
9.2.12. Your User Content does not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
9.3. Any use that is in violation of the forgoing violates the Terms and may result in, among other things, termination or suspension of Your rights to use the Services.
9.4. You hereby grant, and represent and warrant that You have the right to grant, to the Company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, display, publish, broadcast, distribute, retitle, translate, reformat, perform, archive and store, in whole or in part, Your User Content for any purpose.
9.5. You waive all moral rights in Your User Content, and You warrant that moral rights have not otherwise been asserted in Your User Content.
9.6. We do not assert any ownership over Your User Content. You retain full ownership of all of Your User Content and any intellectual property rights or other proprietary rights associated with Your User Content. We are not liable for any statements or representations in Your User Content. You are solely responsible for Your User Content and You expressly agree to exonerate Us from any and all responsibility and to refrain from any legal action against Us regarding Your User Content.
9.7. You acknowledge and agree that the Company is not obligated to monitor or police User Content and is not responsible for and does not control User Content.
9.8. We have the right, in Our sole and absolute discretion, to: (1) edit, redact, or otherwise change any User Content; and (2) pre-screen or delete any User Content at any time and for any reason, without notice.
9.9. The Services may contain, display, or make available to You information, materials, images, and User Content provided by other Users of the Services (“Community Content”). We are not responsible for and do not control Community Content, including, without limitation, the accuracy, completeness, or appropriateness of Community Content. You acknowledge and agree that Your use of Community Content and Your interaction with other Users through the App, the Site, and/or Services is at Your sole discretion and own risk. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS ON ITS USERS, NOR DOES THE COMPANY ATTEMPT TO VERIFY THE ACCURACY OR COMPLETENESS OF ANY COMMNITY CONTENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU FOR, THE CONDUCT OF ITS USERS OR FOR ANY COMMUNITY CONTENT. YOU AGREE AND ACKNOWLEDGE THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MY RESULT FROM YOUR INTERACTION WITH OTHER USERS. You agree to, and hereby do, release the Company and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arise from Your interactions with, or the conduct of, other Users of the Services.
9.10. To the extent You provide the Company with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Services (“Feedback”), You hereby assign and agree to assign to the Company all rights, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that the Company will be free to use such Feedback in any manner, including by implementing such Feedback in the Services, and/or the Company’s other technologies, products and services, without compensation or other obligation to You.
9.11. Except as otherwise expressly granted to You in writing, We do not grant You any other express or implied right or license to the Services, Our Content or Our intellectual property rights.
9.12. Subject to the limited rights expressly granted in these Terms, the Company reserves all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to the User in this Agreement other than as expressly outlined in these Terms.
10. Service Availability and Management
10.1. The Services may be interrupted, suspended, modified, discontinued, or unavailable in certain locations. This may happen with or without notice from the Company, and the Company shall not be held liable for any problems regarding Service availability.
10.2. User Content, including but not limited to postings, messages, and transmissions, may not be processed in a timely manner or at all. As a result, You acknowledge and agree that the Company assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver User Content or for any failure or delay associated with any User Content and You are hereby expressly advised not to rely upon the timeliness or performance of the Services for any transactions or User Content.
10.3. We may from time to time at Our sole discretion develop and provide updates to the Services, including but not limited to upgrades, bug fixes, patches, other error corrections, and/or new features (collectively “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that We have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You are responsible for promptly downloading and installing all Updates and acknowledge and agree that the App or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of these Terms.
10.4. We reserve the right, but not the obligation, to monitor the use of the Services for violations of these Terms; take appropriate legal action against anyone who, in Our sole discretion, violates the law or these Terms, including without limitation, reporting such User to law enforcement authorities; in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) the Services or any portion thereof; in Our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and otherwise manage the Services in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Services.
11. Fees, Payment, Pricing, and Related Terms
11.1. To the extent there are fees associated with the Services, You agree to pay the fees as specified by Our below payment terms. We reserve the right to change these Terms of Use from time to time and/or to provide additional optional services.
11.2. In order to access certain features or functionality of the Services (including the ability to access certain content), You may be required to pay Premium membership fees. Premium membership fees, along with any required taxes, may be paid on a weekly, monthly or annual basis. All Premium membership fees are payable in advance. You agree to pay the membership fees, and other charges You incur in connection with Your User Account, whether on a one-time or subscription basis. We reserve the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
11.3. The Services include the ability to make certain fee-based transactions, including, without limitation, the ability to purchase goods and services (“Fee-Based Services”). In some cases, You may be required to make one payment to the Company (for example, a deposit or a contest entry fee) and one or more subsequent payments to a third-party merchant or service provider to complete the transaction. Additional terms may apply to Your use of, access to and purchase of Fee-Based Services and will be presented to You at the time of purchase. Additional Terms may include terms and conditions between You and the Company or terms and conditions from third party merchants or service providers who provide the Fee-Based Services. Unless otherwise stated in the additional terms and conditions for particular Fee-Based Services, the following terms and conditions shall apply to all Fee-Based Services:
11.3.1. You may only use the Fee-Based Services if You are 18 years of age or older. You shall pay in full the prices and fees, including, without limitation, all applicable taxes for any purchases You, or anyone using the User Account registered to You, make via an Authorized Payment Method.
11.3.2. All transactions for Fee-Based Services are non-refundable. However, the Company reserves the right to cancel any transaction in its sole discretion, in which case You will be given a full refund.
11.4. For all purchases, You will be charged at confirmation of purchase. In addition, for auto-renewing subscriptions, You will be charged within 24 hours prior to the end of the current period. The Services accept certain methods of payment which will be indicated at the time of purchase as forms of payment (each, an “Authorized Payment Method”), subject to certain restrictions, including, without limitation, territory restrictions, bank/payment card restrictions, spending limits, third party service provider restrictions or otherwise, which may prevent the processing of Your order. If a transaction has been declined online due to payment card issues, please ensure all data is correct and resubmit. If the transaction is not accepted online, You will be unable to use that card for Your transaction and should use another Authorized Payment Method. If a payment card company is being used for a transaction, the Company may obtain a preapproval from the applicable payment card company for an amount up to the amount of the order. All purchases are final once You click the “Submit”, “Confirm” or a similar button/link and billing to Your payment card occurs at such time or shortly thereafter. If payment is not received by Us from Your credit, debit or charge card issuer or its agents or other payment service provider, You agree to promptly pay all amounts due upon demand by Us. The Company reserves the right to change any and all prices for any Services and other Content at any time, for any reason.
11.5. Your subscription will continue indefinitely until terminated in accordance with these Terms. After Your Initial Term, and again after any subsequent subscription period, Your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at the Company’s then-current price for such subscription. You agree that Your User Account will be subject to this automatic renewal feature unless You cancel Your subscription prior to the Renewal Commencement Date. If You cancel Your subscription, You may use Your subscription until the end of Your then-current subscription term, but You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, You authorize the Company, including any payment processors, to charge You for the initial, and any renewal subscriptions. If We do not receive payment from You or from a payment processor, (i) You agree to pay all amounts due on Your User Account upon demand, and/or (ii) You agree that We may either terminate or suspend Your subscription and continue to attempt to charge You or a payment processor on Your behalf until payment is received (upon receipt of payment, Your User Account will be activated and for purposes of automatic renewal, Your new subscription commitment period will begin as of the day payment was received).
11.6. You are responsible for any taxes imposed on any subscription or Fee-Based transactions conducted on or in connection with the Services and applicable taxes will be added to the amount charged for the applicable transaction. Subscription and Fee-Based transactions in connection with the Services may include, without limitation, sales tax, use tax and any other applicable taxes, which may be based on various factors, including, without limitation, the billing address and tax rates in effect at the time Your transaction is completed. No customers or Users are eligible for tax exemptions for transactions made in connection with the Services.
11.7. We may revise any or all of the fees and prices associated with the Services at any time for any or no reason. Further, the Company does not guarantee that product descriptions or other content and products will be available, accurate, complete, reliable, current or error-free. Descriptions and images of, and references to, products or services on or in connection with the subscription and Fee-Based Services do not imply the Company’s or any of its affiliates’ endorsement of such products or services. Moreover, the Company and its third-party operational service providers reserve the right, with or without prior notice, for any or no reason, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any User from conducting any or all transaction(s); and/or to refuse to provide any User with any product. Further, if We terminate Your use of or registration to the Services because You have breached this Agreement, You shall not be entitled to a refund of any unused portion of any fees, payments or other consideration.
11.8. You may accrue virtual currency to Your User Account through the Services. We determine and control the availability and nature of virtual currency in Our sole discretion. You agree that We may terminate, modify, revalue, or make virtual currency more or less available without any notice or liability to You. Our virtual currency has no monetary value and no value outside the Services. Virtual currency may only be redeemed in the Services for limited purposes, including but not limited to certain promotions. Virtual currency may not be sold or exchanged for real money or for value outside of the Services. We provide virtual currency to You under a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, and worldwide license to redeem virtual currency within the Services. Accordingly, except as set forth in the prior sentence, We own and retain all rights, title, and interest in and to the virtual currency in the Services. Virtual currency may not be sold, assigned, or transferred to any third-party under any circumstances unless We approve such transfer in writing. We will not be liable to You or required to provide refunds, benefits, or other compensation in connection with unredeemed virtual currency. If Your User Account is terminated for any reason, You may lose all virtual currency associated with Your User Account.
11.9. We use Stripe, Inc. to process payments. Stripe, Inc. may receive personal information from You. You are bound by the applicable Stripe terms, conditions, and agreements. You can learn more here: https://stripe.com/legal.
12. Relationship
Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency, or employment between the Parties. The Company shall not be responsible for the acts or omissions of the User, and the User shall not represent the Company, neither does it have any power or authority to speak for, represent, bind, or assume any obligation on behalf of the Company.
13. Indemnification
You agree to indemnify, defend, and hold the Company and its officers, directors, employees, agents, licensors, affiliates, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, actions, settlements, obligations, penalties, fines, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) Your use of the Services (ii) Your violation of these Terms, including, but not limited to, any access to or use of the App, the Site, or the Services in any manner not expressly authorized hereunder; (iii) any claim that the User Content infringes, misappropriates, or otherwise violates the intellectual property rights or rights of privacy of any third party; (iv) Your negligence or willful misconduct; and (v) Your breach of any applicable law, rule, or regulation or Your violation of the rights of any third party. We reserve the right to assume the exclusive defense and control of any action subject to indemnification by You, and in such event, You agree to cooperate with Us in defending such action.
14. Express Release
You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to Your use of the Company’s Services. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and You accept and assume the risk of such possible differences in fact. In addition, You expressly waive and relinquish any and all rights and benefits which You may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE APP, THE SITE, OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST REVENUE, LOST BUSINESS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM; OR (ii) $100 USD. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER CERTAIN CIRCUMSTANCES, SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
16. Terms and Termination
16.1. These Terms shall remain in full force and effect while You use or have access to the Services.
16.2. If a User breaches Terms, or any part of the Terms, in any way, then Company may take action up to, and including, suspending Users’ access to Services or prohibiting them from accessing Company website or application. Company may take these actions without liability or notice to You. If a User’s account is terminated due to a breach in the Terms, Users will not be entitled to any refund of any kind. Furthermore, Users can be barred from any future use of Services.
16.3. You may terminate Your use of the Services at any time by closing Your User Account.
16.4. The Company shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the User by virtue of termination of this Agreement.
17. Governing Law and Disputes
Please read this Section carefully. It impacts the rights that You may otherwise have. It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions. This section survives any expiration or earlier termination of these Terms.
17.1. These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.
17.2. We are available by email at hello@fareway.golf to address any concerns You may have regarding Your use of the Services. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.3. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, then either You or We may initiate binding arbitration, which shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Claims shall be heard by an arbitrator(s) with experience in the life sciences industry. The place of arbitration shall be in Minnesota, and the arbitration shall be governed by the laws of the State of Minnesota, notwithstanding its conflict of law provisions. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Any arbitration shall be confidential, and neither You nor the Company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Any award in an arbitration initiated under this Section shall be limited to monetary damages (including pre- and post-judgment interest, as appropriate) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrator’s and administrative fees of arbitration. The award of the arbitrator shall be accompanied by a reasoned opinion.
17.4. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both You and We agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
17.5. Any dispute You may have arising out of or relating to these Terms of use or the application must be commenced within one (1) year after the cause of action accrues otherwise such cause of action or claim is permanently barred.
17.6. If there is a dispute between the User and other Users, the User understands and agrees that the Company is under no obligation with respect thereto, and the User, to the fullest extent permitted by law, hereby releases the Company and its affiliates, and each of their respective officers, directors, employees, service providers, affiliates, agents, and successors from, and agrees to indemnify each of the foregoing for any losses incurred in connection with any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
17.7. The User agrees that in case it is unable to resolve its disputes with other Users, then the Company has the right to remove the User from the App and terminate this Agreement.
18. DISCLAIMER
THE APP, THE SITE, AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, THE SITE, OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, THE SITE, OR THE SERVICES, OR ANY RESULTS GENERATED THEREFROM, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP, THE SITE, OR THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP, THE SITE, OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE APP, THE SITE, OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY USER CONTENT, USER MESSAGING, OR SERVICE CONTENT) WILL BE TRUE, COMPLETE, ACCURATE, OR RELIABLE, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF, RELIANCE ON, AND/OR EVALUATION OF SUCH CONTENT. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICES OR ANY THIRD PARTY PLATFORMS AND SERVICES (INCLUDING, WITHOUT LIMITATION, PAYMENT PROCESSING SERVICES). AS BETWEEN YOU AND THE COMPANY, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE APP, THE SITE, AND THE SERVICES, AND ALL CONTENT AND RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER OR NOT ANY USE YOU MAKE OF THE SERVICES COMPLIES WITH APPLICABLE LAW. THE COMPANY WILL NOT HAVE ANY RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, ANY USE YOU MAKE OF THE SERVICES IN VIOLATION OF APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE GAME OF GOLF MAY INVOLVE RIGOROUS PHYSICAL EXERCISE AND ACTIVITY THAT CARRIES A RISK OF, AND COULD RESULT IN, INJURY TO YOU. AS BETWEEN YOU AND THE COMPANY, YOU ARE SOLELY AND COMPLETELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF THE GAME OF GOLF TO YOUR PHYSICAL CAPABILITIES. YOU ACKNOWLEDGE THAT, IF YOU ELECT TO PLAY THE GAME OF GOLF, INCLUDING IN CONNECTION WITH ANY ACTIVITY, INCLUDING BUT NOT LIMITED TO CONTESTS, TOURNAMENTS, GAMES, MATCHES, AND ROUNDS OF GOLF, MANAGED OR FACILITATED BY THE SERVICES, YOU DO SO VOLUNTARILY AND WITH KNOWLEDGE OF THE RISK INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS RELATED TO THE GAME OF GOLF, INCLUDING IN CONNECTION WITH ANY ACTIVITY, INCLUDING BUT NOT LIMITED TO CONTESTS, TOURNAMENTS, GAMES, MATCHES, AND ROUNDS OF GOLF, MANAGED OR FACILITATED BY THE SERVICES .
19. Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If You believe that any material available on or through the App infringes upon any copyright You own or control, please immediately notify Our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law You may be held liable for damages if You make material misrepresentations in a Notification. Thus, if You are not sure that material located on or linked to by the App infringes Your copyright, You should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identify in sufficient detail the copyrighted work that You believe has been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identify the material that You claim is infringing the copyrighted work listed above and that is to be removed or access disabled, and information reasonably sufficient to permit Us to locate the material.
Provide information reasonably sufficient to permit Us to contact You, including a name, address, telephone number and email address.
If possible, provide information sufficient to allow Us to notify the owner/administrator of the allegedly infringing content.
Include the following statements:
“I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
“I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the notice.
Please note that a copy of this legal notice will be forwarded to the person who provided the allegedly infringing content.
If You believe Your own copyrighted material has been removed from the App as a result of a mistake or misidentification, You may submit a written counter notification to Our Designated Copyright Agent using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, Your Counter Notification must include substantially the following:
Identify the specific URLs or other unique identifying information of material that We have removed or to which We have disabled access.
Provide Your name, address, telephone number, email address, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which Your address is located and that You accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement:
“I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled and will no longer be shown.”
Sign the notice.
If You send Us a valid, written Counter Notification meeting the requirements described above, We will restore Your removed or disabled material, unless We first receive notice from the party filing the Notification informing Us that such party has filed a court action to restrain You from engaging in infringing activity related to the material in question.
Please note that if You materially misrepresent that the disabled or removed content was removed by mistake or misidentification, You may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.
Notifications or Counter Notifications must be submitted to the following Designated Agent:
Attention: DMCA Copyright Agent
Fareway Golf LLC
20. Assignment
These Terms, and any rights, licenses and privileges granted herein, may not be transferred or assigned by You, but may be assigned or transferred by the Company without restriction, notice, or other obligation to You.
21. Notices
Where the Company requires that You provide an email address, You are responsible for providing Us with Your most current email address. In the event that the last email address You provided to Us is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by the Terms, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Us at the following email address: hello@fareway.golf; and such notice shall be deemed given when received by Us.
22. Force Majeure
We will not be liable for any delay or failure in the performance of Our obligations under these Terms if the delay or failure is due to any cause outside of Our reasonable control.
23. Security
The Company makes every effort to keep its Services, Content, Site, and App secure. The Company accepts no liability for any loss, disruption, or damage incurred by You to Your data, computer, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of the Company. You are responsible for taking Your own precautions to ensure the electronic process employed for accessing the Services, Site, or App, does not expose You to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. Furthermore, the Company’s limited liability shall extend should any Company computer, server, or software malfunction cause You any of the aforementioned losses. The Company has taken precautions to prevent any malfunction, however You hereby agree to accept full liability for any loss, of any kind, should they occur.
24. Notice to California Users
Under California Civil Code Section 1789.3, Users of Company Services are entitled to the following contact information: The Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs may be contacted in writing or by telephone at:
400 R Street, Suite 1080
Sacramento, California
95814
Telephone: (916) 445-1254, or (800) 952-5210
25. Export Compliance
Neither the Services nor its underlying technology may be downloaded to or exported or re-exported: (i) into (or to a resident or national of) any country subject to United States embargo; (ii) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (iii) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Service, You are responsible for complying with trade regulations and both foreign and domestic laws (e.g., You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and You are not listed on any U.S. government list of prohibited or restricted parties). You acknowledge and agree that App and the Services are subject to U.S. export control laws and regulations. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer the Company’s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
26. Severability, Survival, and Waiver
26.1. Our failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder.
26.2. If We waive any breach of these Terms, it must be done so in writing, and such waiver will not constitute a waiver of any other breach.
26.3. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
26.4. Any provision which must survive in order to allow Us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or Your use of the Services, regardless of form or the basis of the claim, may be brought by You more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
27. Entire Agreement
These Terms, together with the Privacy Policy, constitute [DH1] the sole and entire agreement between You and Leaderboard with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The provisions of the following Sections of these Terms will survive any termination of this Agreement: Sections 4 through 20, and 22 through 25.
28. CONTACT US:
If You have any questions regarding Our Terms of Service, please write to Us at hello@fareway.golf