TERMS OF SERVICE

Last Updated: August 10, 2026

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, ply.golf and all corresponding subdomains and web pages (including the Fareway Hub operator portal), and any successor or additional domains We operate (the “Site”), mobile application (the “App”), and any other products, services, applications, systems, features, functionality, and content offered by the Company (collectively the “Services”). The Site, the App, and the Services are together sometimes referred to in these Terms as the “Platform.” 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.

User Types. These Terms apply to every user of the Services. Certain provisions apply only to a particular type of user, as indicated:

(a) “Golfer User” means an individual who registers for, participates in, scores, or follows leagues, contests, events, or memberships through the Services.

(b) “Venue User” means a golf venue, simulator facility, club, or other business — and its authorized personnel — that uses the Services to create, promote, administer, or operate leagues, contests, events, or memberships, whether or not for a fee.

(c) “Organizer User” means an individual who is not acting for a golf venue but who uses the Services to create or administer a league, contest, or event for others, including through a self-serve organizer account.

Venue Users and Organizer Users are additionally subject to supplemental commercial terms (the “Fareway Hub Terms”) governing fees, data handling, and related commercial matters, presented for electronic acceptance at Fareway Hub signup. Where the Fareway Hub Terms conflict with these Terms, the Fareway Hub Terms control as to that Venue User or Organizer User. Nothing in the Fareway Hub Terms modifies the rights of a Golfer User.

Electronic Records and Signatures. You consent to transact with Us electronically. Your click of “I Accept,” or Your access to or use of the Services, constitutes Your electronic signature and has the same legal effect as a handwritten signature. You consent to receive all agreements, notices, disclosures, and other communications from Us electronically. You may withdraw this consent by closing Your User Account, which will end Your ability to use the Services. We retain a record of the version of these Terms You accepted and the date and method of acceptance.

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 by email, SMS or text message, in-App or in-Site notice, or another method reasonably calculated to reach You, using the contact information associated with Your User Account. 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.

Notwithstanding the foregoing, We will obtain Your affirmative acceptance of any material change to these Terms before Your continued use of the Services is permitted, and the change will not apply to any dispute of which We had actual notice before the change took effect. If We make a material change to Section 17 (Governing Law and Disputes), You may reject that change by notifying Us at hello@fareway.golf within thirty (30) days after notice of the change, in which case the version of Section 17 in effect immediately before the change will continue to govern disputes between You and Us. Rejecting a change to Section 17 does not affect any other part of these Terms and is not a basis for Us to terminate Your User Account.

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. Where a minor seeks to register, We will require a parent or guardian to create or approve the User Account, to accept these Terms on the minor’s behalf, and to provide verifiable consent to Our collection and use of the minor’s information before the account is activated. A parent or guardian may at any time review, request deletion of, or refuse further collection of their child’s information by contacting Us at hello@fareway.golf.

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.

2.6. Contests with Prizes. Participation in any contest, tournament, or event that awards a cash or cash-equivalent prize is restricted to Users who are at least eighteen (18) years of age, or such higher age as the law of Your jurisdiction requires. Such contests are void where prohibited and are not offered in jurisdictions where they would be unlawful. We may require verification of Your age, identity, and location as a condition of entry or of receiving any prize, and may withhold a prize pending that verification. See Section 27 (Contests, Prize Pools, and Fareway Global Tournaments).

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. Because access to Your User Account is authenticated by telephone number, You are responsible for promptly notifying Us if You cease to control the telephone number associated with Your User Account.

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 as follows: (a) if You are a Golfer User, solely for Your personal, non-commercial use; and (b) if You are a Venue User or an Organizer User, for Your internal business purposes of creating, promoting, administering, and operating leagues, contests, events, and memberships through the Services, subject to these Terms and to the Fareway Hub Terms. No licence is granted to resell, sublicense, or provide the Services as a service bureau to any third party. This includes, but is not limited to, downloading, installing, and using the App on a device owned or otherwise controlled by You.

4.4. Venue User and Organizer User Responsibility for Programs. If You are a Venue User or an Organizer User, You are responsible for the leagues, contests, events, and memberships You create and operate, including their rules, entry fees, prizes, scheduling, eligibility, and conduct, and for compliance with all laws applicable to them. As between You and the Company, the Company provides software and does not organize, host, officiate, or assume responsibility for Your programs.

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.), including simulator systems, launch monitors, tee-sheet and booking systems, handicap services, and payment processors (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.

5.5. Credential-Based Integrations. Certain features require You to authorize Us to access a Third-Party Platform using credentials You supply, so that We may retrieve or transmit data on Your behalf. If You provide such credentials, You represent and warrant that You are authorized to do so and that Our access on Your behalf does not violate Your agreement with that Third-Party Platform, and You will indemnify Us in accordance with Section 13 for any claim arising from a breach of that representation. You may revoke that authorization at any time. We make no representation or warranty that any integration will be available, will continue to be available, or will operate without interruption, and a Third-Party Platform may modify, restrict, or terminate Our access at any time and without notice to Us or to You. Discontinuation of an integration is not a breach of these Terms and does not entitle You to a refund.

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, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms 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. Where We use information on a de-identified basis, We will maintain and use it in de-identified form, will not attempt to reidentify it except as permitted by law to test Our de-identification, will implement reasonable technical safeguards and business processes to prevent reidentification, and will contractually obligate any recipient to the same commitments.

7.3. Information About Non-Users. The Services permit Users to submit information about other people, including guest golfers added to a team, players named on a scorecard image, and participants whose scores are synchronized from a simulator system. If You submit information about another person, You represent that You have the authority to do so and that You have given that person any notice required by law. We handle such information in accordance with the Privacy Policy. A person whose information has been submitted may contact Us at hello@fareway.golf to access, correct, or delete it.

7.4. Your Privacy Rights. Depending on where You live, You may have rights to access, correct, delete, port, or limit Our use of Your Personal Information, and to opt out of certain sharing. The Privacy Policy describes those rights and how to exercise them. We will not discriminate against You for exercising them. Nothing in these Terms waives or limits any right You have under an applicable privacy law, and any provision of these Terms that purported to do so is of no effect to that extent.

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 inline 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.

8.11. Communications Sent Through the Services. If the Services permit You to upload a list of recipients or to send email, text, or other messages to others, You represent and warrant that You have a lawful basis to send the message to each recipient, that You have obtained any consent required by applicable law (including the CAN-SPAM Act, the Telephone Consumer Protection Act, and, for recipients in Canada, Canada’s Anti-Spam Legislation), and that You will promptly honor every unsubscribe, opt-out, and STOP request. You will not upload purchased, scraped, or rented lists. You will identify Yourself accurately as the sender and will not use a deceptive subject line or header. We may suspend Your access to messaging features, refuse to transmit a message, and require You to substantiate Your consent basis. You will indemnify Us in accordance with Section 13 for any claim arising from a message sent at Your direction.

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”). User Content does not include Personal Information, which is governed by Section 7 and by the Privacy Policy and is not licensed to Us under Section 9.4. 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 foregoing 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, display, publish, broadcast, distribute, retitle, translate, reformat, perform, archive and store, in whole or in part, Your User Content for any purpose connected with operating, providing, and promoting the Services. This licence does not extend to Personal Information, and We do not sell or share Personal Information except as described in the Privacy Policy and in accordance with applicable law.

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 COMMUNITY 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 MAY 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.

9.13. Leaderboards, Standings, and Results. You agree that We and the Venue User or Organizer User operating a program in which You participate may publish Your name or display name, profile photograph, team name, scores, handicap or SimCap, standings, and results in leaderboards, standings tables, results pages, notifications, and recaps, including on publicly accessible pages and on screens at a venue, in each case for the purpose of operating and promoting that program and the Services. You may request that We display You by initials or a display name instead of Your full name, or withdraw from public display, by contacting Us at hello@fareway.golf, except that We may continue to display results to other participants in a program You entered. Where You are a minor, this consent must be given by Your parent or guardian.

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. Fees payable by a Venue User or an Organizer User are set out in the Fareway Hub Terms and the pricing published within the Services, and this Section 11 does not govern them except where it says so expressly.

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. Any increase in the fee for a recurring subscription will take effect only at the start of Your next renewal term, and We will give You notice at least thirty (30) days before that renewal term begins together with instructions for cancelling before the increase takes effect.

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. This does not limit any refund or cancellation right You have that cannot be waived under the law of Your jurisdiction, any right to dispute a charge with Your payment provider, or Your right to a refund of an entry fee for a contest that is cancelled before it begins. 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, subject to Section 11.2 for recurring subscriptions.

11.5. Your subscription will continue indefinitely until terminated in accordance with these Terms. After Your first subscription period (the “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).

11.5.1. Cancelling a Subscription. You may cancel any recurring subscription at any time, effective at the end of the then-current term, through the same medium in which You purchased it, including directly within the App or the Site if You purchased it there, without having to call, write, or speak to anyone. We will send You confirmation of the cancellation. For any subscription with a term of six (6) months or longer, We will send You a reminder before it renews, stating the renewal date, the amount, and how to cancel.

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, and for transactions outside the United States may include goods and services tax, harmonized sales tax, value-added tax, and similar 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, except that fee changes for recurring subscriptions are governed by Section 11.2. 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. This Section 11.8 applies only to promotional virtual currency that We issue at no charge. It does not apply to any credit issued to You in lieu of a refund of amounts You actually paid, which represents value You have already paid for, does not expire, is not forfeited on termination of Your User Account, and will be refunded to You in cash on request if We terminate Your User Account other than for Your breach of these Terms.

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.

11.10. Instalment and Split Payments. Where We offer You the ability to pay in instalments or to split a payment among several Users, We do not impose a finance charge and do not extend credit. Each participant is responsible for their own share. If a participant’s share is not paid, the registration or purchase may be cancelled and any amounts already collected will be refunded to the payers.

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. Notwithstanding the foregoing, if You are a Venue User or an Organizer User, You appoint the Company as Your limited agent for the sole purposes of (a) accepting payments from golfers on Your behalf where the Services provide that function, and (b) transmitting reservations, bookings, and related instructions on Your behalf to a Third-Party Platform You have authorized. This limited agency extends no further, and receipt of payment by the Company on Your behalf satisfies the golfer’s payment obligation to You.

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. If You are a Golfer User, Your obligations under this Section are limited to claims arising from Your breach of these Terms, Your User Content, Your negligence or willful misconduct, or Your violation of law or of a third party’s rights, and do not extend to claims arising from the Company’s own acts or omissions.

14. Express Release

You expressly release the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from all claims, damages, costs, and expenses of every kind and nature arising from or related to (a) the acts or omissions of any other User, Venue User, or Organizer User, including any dispute between You and another User about a score, a result, a prize, a payment, or conduct at a venue; (b) the condition, operation, or safety of any venue, simulator, bay, or equipment, none of which the Company owns or controls; and (c) the outcome, administration, cancellation, or rescheduling of any league, contest, event, or membership operated by a Venue User or Organizer User. You understand that a fact relating to a matter covered by this release may later be found to be other than now believed, and You accept that risk. This release does not extend to claims arising from the Company’s own gross negligence, willful misconduct, or fraud, or to any right You have that cannot be waived under applicable 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. THE FOREGOING LIMITATIONS DO NOT APPLY TO: (a) THE COMPANY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD; (b) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE; (c) ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW; OR (d) THE COMPANY’S OBLIGATION TO PAY OVER PRIZE MONEY OR TO REFUND AMOUNTS YOU HAVE PAID WHERE A REFUND IS DUE.

16. Term 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. You may close Your User Account from within the App or the Site, without having to call or write to Us. On request made within ninety (90) days after termination, We will provide You with a copy of Your scores, results, and other User Content in a commonly used, machine-readable format. Closing Your User Account does not by itself cancel a recurring subscription; see Section 11.5.1.

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. Nothing in this Section deprives You of the protection of any mandatory consumer-protection provision of the law of the jurisdiction in which You reside that cannot be derogated from by agreement.

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 Consumer Arbitration Rules where You are an individual using the Services for personal or household purposes, and in accordance with its Commercial Arbitration Rules in all other cases 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) preferably with experience in the golf, sports, consumer software, or technology industries. The place of arbitration shall be , at Your election, the county or district in which You reside, a mutually agreed location, or a remote proceeding conducted by videoconference or on the documents alone; if You do not elect, the place of arbitration shall be Hennepin County, Minnesota, and the arbitration shall be governed by the laws of the State of Minnesota, notwithstanding its conflict of law provisions. The arbitrator may award any relief that a court could award on an individual basis, including declaratory and injunctive relief and any statutory damages or attorneys’ fees available by law. 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, and except that You may disclose the existence, content, and results of Your arbitration to Your legal or financial advisors, to a government or regulatory authority, and to the extent necessary to pursue or defend a claim; nothing in these Terms prevents You from communicating with any government or regulatory authority. Where You are an individual using the Services for personal or household purposes, You are responsible only for the filing fee set by the applicable AAA consumer fee schedule, and the Company will pay all remaining filing, administrative, and arbitrator fees; if the arbitrator finds Your claim frivolous, the arbitrator may reallocate fees as the AAA rules permit. In all other cases each party bears its own costs and an equal share of the arbitrator’s and administrative fees. The award of the arbitrator shall be accompanied by a reasoned opinion.

17.3.1. Nothing in this Section prevents either You or Us from bringing an individual claim in a small-claims court of competent jurisdiction, or from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to the Services. Nothing in these Terms waives Your right to seek public injunctive relief; if a claim for public injunctive relief is asserted, that claim alone shall be severed and may be brought in a court of competent jurisdiction, and the remainder of the dispute shall proceed in arbitration.

17.3.2. Questions of arbitrability, including the scope, applicability, enforceability, and formation of this arbitration agreement, are for the arbitrator to decide, except that a court of competent jurisdiction shall decide any dispute about the enforceability of Section 17.4 (Class Action Waiver).

17.3.3. Right to Opt Out. You may reject this arbitration agreement by sending Us written notice at hello@fareway.golf within thirty (30) days after You first accept these Terms, stating Your name and that You decline to arbitrate. If You opt out, neither You nor We may require the other to arbitrate, and Section 17.4 does not apply to You. Opting out has no other effect on Your use of the Services and is not a basis for Us to terminate Your User Account.

17.3.4. Coordinated Claims. If twenty-five (25) or more claimants submit demands for arbitration raising substantially similar claims and represented by the same or coordinated counsel, the demands shall be administered in staged batches of no more than fifty (50), each batch heard by a single arbitrator, with the parties to attempt in good faith to resolve the remaining demands using the outcomes of the first batches as guidance. Limitations periods for all demands are tolled while this process runs. Either party may ask the AAA to appoint a process arbitrator to resolve disputes about batching.

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. This limitation does not apply where a longer period is required by a law that cannot be varied by agreement.

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. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT PLAY AT AN INDOOR SIMULATOR, HITTING BAY, RANGE, OR OTHER VENUE PREMISES CARRIES ADDITIONAL RISKS, INCLUDING RISKS ARISING FROM CONFINED SPACE, PROXIMITY TO OTHER PEOPLE, CLUB AND BALL STRIKES, REBOUND OFF SCREENS OR SURFACES, AND THE CONDITION OF EQUIPMENT AND PREMISES THAT THE COMPANY DOES NOT OWN, OPERATE, INSPECT, OR CONTROL. 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, hello@fareway.golf, PO Box 16005, Minneapolis, MN 55416, telephone [INSERT].

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. Where We do not hold a valid email address for You, We may give notice by SMS or text message to the telephone number associated with Your User Account, by in-App or in-Site notice, or by push notification, and any of those methods constitutes effective notice. You are responsible for keeping Your telephone number and, if provided, Your email address current. 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. Legal notices to the Company must also be sent to Fareway Golf LLC, PO Box 16005, Minneapolis, MN 55416.

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

23.1. We maintain administrative, technical, and physical safeguards designed to protect the Services and the information We hold against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure or access, appropriate to the nature of that information and the risks involved. Where You provide Us with credentials for a Third-Party Platform under Section 5.5, We store them in encrypted form and use them only to provide the integration You authorized.

23.2. No system is completely secure, and We do not represent or warrant that the Services or the information We hold will be free from unauthorized access, loss, or alteration. Nothing in this Section is a guarantee of security.

23.3. If We become aware of a breach of security affecting Your Personal Information, We will notify You and any regulator as and when required by applicable law, and without undue delay.

23.4. You are responsible for maintaining the confidentiality of Your credentials, for the security of the devices You use to access the Services, and for taking reasonable precautions against viruses and other harmful code. You must notify Us promptly at hello@fareway.golf of any actual or suspected unauthorized access to Your User Account.

23.5. Our liability arising from a security incident is governed by Section 15. Nothing in these Terms limits or waives any right or remedy You have under a data-protection or data-breach statute, and any provision that purported to do so is of no effect to that extent.

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. California residents and residents of other states with comprehensive privacy laws have additional rights concerning their Personal Information, including rights of access, correction, deletion, and portability, and the right to opt out of the sale or sharing of Personal Information. Those rights and how to exercise them are described in the Privacy Policy.

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 is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms 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). This limitation does not apply where a longer period is required by a law that cannot be varied by agreement.

27. Contests, Prize Pools, and Fareway Global Tournaments

27.1. What this Section covers. This Section applies to any league, contest, tournament, or event offered through the Services that charges an entry fee or awards a prize, including events the Company itself organizes across participating venues (“Fareway Global Tournaments”).

27.2. Contests of skill. Contests offered through the Services are contests of skill. Outcomes are determined by the skill of the participants as reflected in their scores, applied against the published format, scoring method, and handicap or SimCap rules for that contest. The Company does not offer, and the Services are not intended to facilitate, any lottery, sweepstakes, wager, or game of chance.

27.3. Eligibility. Entry is limited to Users who meet the age requirement in Section 2.6, who are physically located in a jurisdiction in which the contest is offered, and who satisfy any additional eligibility requirements published in the rules for that contest. Contests are void where prohibited. Employees of the Company and members of their households are not eligible for prizes in Fareway Global Tournaments.

27.4. Contest rules control. Each contest is governed by the rules published for it at the time of entry, including entry fee, prize structure, format, scoring, tie-breaks, handicap treatment, entry deadlines, and the method and timing of payout. Those rules form part of these Terms for that contest. Where the published rules conflict with this Section, the published rules control as to that contest.

27.5. Entry fees, prize pools, and the Company’s fee. Where the Company operates a contest and collects entry fees, the entry fees form a prize pool. The Company retains a stated percentage of the prize pool as its fee for organizing and administering the contest, and the remainder is paid to winners in accordance with the published prize structure. For Fareway Global Tournaments, the Company retains fifteen percent (15%) and pays eighty-five percent (85%) of the prize pool to winners, except where the published rules for a particular contest, disclosed before entry, state a different allocation. The Company holds entry fees for the purpose of paying them out under the published rules, does not hold them as a deposit-taking institution, and pays no interest on them.

27.6. Cancellation and shortfall. If a contest is cancelled before play begins, or fails to reach any published minimum number of entries, entry fees will be refunded in full. If a contest is cancelled or abandoned after play begins, the Company will determine in good faith and in accordance with the published rules whether to complete it, to declare results on the play completed, or to refund entry fees in whole or in part.

27.7. Verification, taxes, and payment of prizes. The Company may require verification of Your identity, age, and location before paying a prize, and may withhold payment pending verification or pending resolution of a scoring dispute or an investigation into suspected cheating. You are responsible for all taxes on any prize You receive. Where required by law, the Company will collect a taxpayer identification number and issue an information return, and may withhold payment until You supply the information needed to do so.

27.8. Contests run by Venue Users and Organizer Users. Where a contest is created and operated by a Venue User or an Organizer User rather than by the Company, that user sets the rules, the entry fee, and the prizes, and is responsible for awarding and paying them. The Company provides the software and, where the Services provide that function, collects payment as that user’s limited agent under Section 12. The Company is not responsible for the conduct of those contests or for prizes that user fails to pay.

27.9. Integrity. You will not submit a false score, misrepresent a handicap or SimCap, enter under another person’s identity, hold more than one User Account, collude with another participant, or manipulate simulator settings or scoring data. The Company may void an entry, disqualify a participant, reverse a payout, withhold a prize, and suspend or terminate a User Account for a breach of this provision.

28. Electronic Communications and Messaging Consent

28.1. By providing Your telephone number and creating a User Account, You agree that We may send You text messages necessary to operate Your account and the programs You have joined, including one-time passcodes, registration and payment confirmations, schedule and score reminders, and results. Message and data rates may apply, and message frequency varies.

28.2. We will send You marketing or promotional text messages only where You have separately agreed to receive them. Your agreement to receive marketing messages is not a condition of purchasing anything or of using the Services.

28.3. You may opt out of text messages at any time by replying STOP to any message, or by changing Your notification preferences in the App. Reply HELP for help. Opting out of operational messages may prevent Us from delivering passcodes and may end Your ability to sign in, since access to Your User Account is authenticated by telephone number.

28.4. You may opt out of marketing email at any time using the unsubscribe link in any marketing message or by changing Your preferences. We will continue to send transactional messages relating to Your User Account, Your registrations, and Your payments.

28.5. Messages sent to You by, or at the direction of, a Venue User or an Organizer User are that user’s communications. Section 8.11 governs their obligations. You may opt out of them using the unsubscribe or STOP mechanism in the message.

29. Additional Terms for Users in Canada

29.1. If You are a consumer resident in Canada, this Section applies to You and prevails over any conflicting provision of these Terms.

29.2. Nothing in these Terms limits any right or remedy You have under the consumer-protection law of Your province or territory that cannot be waived by agreement. Where the law of Your province or territory does not permit a consumer to be required to arbitrate a dispute, or does not permit a consumer’s right to participate in a class proceeding to be waived, Sections 17.3 and 17.4 do not apply to You and You may bring Your claim in the courts of Your province or territory.

29.3. Commercial electronic messages sent to You are subject to Canada’s Anti-Spam Legislation. Every such message will identify the sender and provide an unsubscribe mechanism that We will action promptly.

29.4. Where You are resident in Quebec, You may request a French-language version of these Terms at hello@fareway.golf, and the parties confirm their wish that this agreement and related documents be drawn up in English. Les parties confirment leur volonte que la presente convention et les documents s’y rattachant soient rediges en anglais.

29.5. Amounts may be charged in United States dollars unless otherwise stated at the point of purchase, and Your payment provider may apply a conversion rate or foreign-transaction fee. Applicable Canadian federal and provincial sales taxes will be added where required.

30. Entire Agreement

These Terms, together with the Privacy Policy, constitute the sole and entire agreement between You and Fareway Golf LLC 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. Where You are a Venue User or an Organizer User, these Terms are additionally subject to the Fareway Hub Terms, which control in the event of conflict as to that user. The provisions of the following Sections of these Terms will survive any termination of this Agreement: Section 7 (Privacy Policy and Data Usage), Section 9 (Intellectual Property Rights and User Content), Section 11 (Fees, Payment, Pricing, and Related Terms) as to amounts accrued before termination, Section 12 (Relationship), Section 13 (Indemnification), Section 14 (Express Release), Section 15 (Limitation of Liability), Section 16 (Term and Termination), Section 17 (Governing Law and Disputes), Section 18 (Disclaimer), Section 20 (Assignment), Section 21 (Notices), Section 22 (Force Majeure), Section 23 (Security), Section 25 (Export Compliance), Section 26 (Severability, Survival, and Waiver), Section 27 (Contests, Prize Pools, and Fareway Global Tournaments) as to prizes and entry fees accrued before termination, Section 29 (Additional Terms for Users in Canada), and this Section 30.

31. CONTACT US:

If You have any questions regarding Our Terms of Service, please write to Us at hello@fareway.golf, or by mail to Fareway Golf LLC, PO Box 16005, Minneapolis, MN 55416.